1. Agreement for repair
1.1 The terms set out in these Conditions of Repair (“Agreement”) shall apply to the service we provide to repair your hair straighteners.
1.2 Reference to “us”, “we” , “our” and “ourselves” refer to crash-data.co.uk and references to “you” and “your” are references to you, the person addressed on this form.
2. All repairs (unless otherwise stated)
2.1 This Agreement shall commence from the date you place your order and shall continue until we have repaired or otherwise returned your Equipment (“Services”), whichever is sooner, and received any payment due from you.
2.2 We shall make all reasonable efforts to repair your Equipment subject to the availability of any parts required and/or the terms of any relevant guarantee or warranty. We shall perform the Services using our reasonable care and skill.
2.3 Any time estimate for completion of the Service which may be given to you is an estimate only and does not form any obligation under the terms of this Agreement.
2.4 We shall notify you when the Equipment has been repaired and has been dispatched back to you.
2.5 If we are unable to complete the Service for any reason, or the Service will incur further costs payable by you, we will notify you immediately.
2.6 All charges may be subject to VAT and any other government taxes or duties as applicable.
3. Additional terms for warranty repairs
3.1 Where repair is to be carried out under a relevant guarantee or warranty, we may ask you to provide sufficient proof of any guarantee or warranty.
3.2 If your Equipment is beyond economic repair, we may at our absolute discretion replace your Equipment with a suitable equivalent rather than carry out repair works.
3.3 If the nature of the repair falls outside the terms of your warranty or guarantee, then you may incur a charge for the repair under the terms as set in clause 4. We will endeavour to notify you of any such charge prior to undertaking any work.
4. Additional terms for chargeable repairs
4.1 If the repair to your Equipment is not covered by a guarantee or warranty or the nature of the repair is beyond any terms of your guarantee or warranty we will charge you for the repair in accordance with the terms of this Agreement.
4.2 The cost of repair will be calculated where possible in accordance with our standard charges as published from time to time.
4.3 If we are unable to repair your Equipment, no fault is found on your Equipment or you do not accept our estimate, we will return your Equipment to you unrepaired and we reserve the right to charge you an inspection fee in accordance with our standard charges.
4.4 We may keep your Equipment until all charges payable have been paid. [We may also charge an additional fee for storage of your Equipment.]
4.5 If your Equipment is showing signs of tamper or attemped repair by person or persons other than ourselves we will still attempt to carry out the repair however in most cases this will not be possible. In these circumstances we will return the Equipment to you however no refund will be payable.
5.1 Our entire liability in respect of any single cause of action arising out of or in connection with this Agreement or its subject matter (whether for breach of contract, tort, including negligence, statute or otherwise at all) shall be limited, to the extent that the cause of action related to our supply of the Services, at our option to: (a) supplying the Services again; (b) payment of the cost of having the Services supplied again; or (c) repaying to you any amount that you have paid in respect of the Services.
5.2 Any data or information that you may have stored on the Equipment shall remain your sole responsibility and we accept no liability for loss or corruption of such data howsoever caused. It is your responsibility to keep a record of any such data.
5.3 Nothing in this clause 5 shall apply so as to limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) breach of any terms implied by statute; (c) any claim arising under the Consumer Protection Act 1987; or (d) fraudulent misrepresentation.
5.4 In no circumstance shall we be liable to you for any indirect, special or consequential loss arising out of or in connection with this Agreement, including any loss of business, revenue, profits, anticipated savings, goodwill or any other indirect or consequential loss or damage howsoever arising.
5.5 Except as expressly provided in this Agreement, all representations, conditions and warranties, whether express or implied (by statute or otherwise) are excluded to the fullest extent permitted by law.
5.6 We shall not be liable for any claim arising under this Agreement unless you give us written notice of the claim within three (3) months of becoming aware of the circumstances giving rise to the claim or, if earlier, three (3) months from the time you ought reasonably to have become aware of such circumstances.
6. Data Protection
6.1 We ask for your name and address and the other details set out overleaf (“Personal Information”) so that we can notify you when your Equipment has been repaired and so we can give you an efficient after-sales service. We may also send you text messages from time to time to alert you to new services that we may provide. By signing the questionnaire and using these Services you consent to our use of your Personal Information as described. If you do not wish to receive text messages at any time you should write to us at Crash Data PO Box 75, Liverpool L14 6WY
7.1 We shall not be liable to you for any delay in or failure of performance of our obligations under this Agreement arising from any reason beyond our reasonable control.
7.2 Our failure to exercise or enforce our rights or the giving of any forbearance, delay or indulgence, will not be construed as a waiver of such rights under this Agreement or otherwise.
7.3 This Agreement sets out the entire agreement and understanding between you and us in connection with its subject matter. Nothing in this Agreement shall effect our liability in respect of any misrepresentation, warranty or condition that is made fraudulently.
7.4 This Agreement may not be amended, modified, varied or supplemented except in writing signed by or on behalf of you and us.
7.5 If any part of this Agreement is found to be void or unenforceable it will be severed from the rest of this Agreement so that it is effective to the extent that shall not effect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
7.6 Nothing in this Agreement shall confer on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
7.7 This Agreement shall be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.