STANDARD TERMS AND CONDITIONS OF SERVICE
Applicable to MTV  Service Centre

1.     Contracts
a)
Contracts are made and repairs/service are accepted only upon and subject to the conditions set out below. All other conditions are hereby excluded unless expressly accepted in writing by MTV Service Centre (hereinafter called the “service provider”).
b)
Any typographical, clerical or other error or omission in any service literature, quotation, price list, acceptance offer, invoice or other document or information issued by the service provider shall be subject to correction without any liability on the part of the service provider.
c)
The client acknowledges that the client is not purchasing as a consumer.

2.      Prices
a)
Unless expressly stated otherwise in any quotation issued by the service provider to the client all prices are negotiated and fixed. Any applicable value added tax or any other sales tax or excise duties paid or payable by the service provider shall be added to the price and shall be payable by the client.
b)
Firm price quotations are valid for a period of one month from the date of the quotation. The service provider may, at their absolute discretion, accept or reject any service / goods request placed by the client.
c)
In the event of the client cancelling a request for service in accordance with the provisions of Clause 13, the service provider reserves the right to revise the price or prices for service already provided.
d)
The service provider reserves the right to review the contract price(s) in the event of devaluation of the pound sterling.

3.      Service Provider Attendance
a)
Any dates quoted for service are agreed with the client/customer and the service provider shall not be liable for any delay  by outside interference however caused. Timed service calls shall not be of the essence unless previously and expressly agreed by the service provider in writing.
b)
The service provider reserves the right to pre-book service requests for all day as priority or  AM / PM only. AM being between 9.00am – 1.00pm and PM between 1.00pm – 5.00pm.
c)
The service provider will not be obliged to book timed calls unless expressly wished to do so by the client. We will make every attempt to provide same day calls if the request is made before 10.00 AM on that day.

4.      Client collection
a)
Collection of equipment by the client at the service providers premises during normal working hours should only occur if the client has been notified that the said equipment is ready for collection and priced up accordingly.
b)
If agreed before collection or other arrangements have been made payment will be due upon pick up of equipment. If not the equipment stays with the service provider until other methods of payment are made.
c)
If the client fails to pay for any repairs then, without prejudice to any other right or remedy available to the service provider, the service provider may:
(1)
Store the goods until actual delivery / collection and charge the client for the reasonable costs of storage, or
(2)
Sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the client for the excess over the price under the contract or charge the client for any shortfall below the price under the contract.

5.      Damage, Loss
a)
On delivery the client shall examine the goods for defects and completeness. Thereafter, no claim for damage in transit or for loss of goods will be entertained unless, in the case of damage, a separate notice in writing is given to the service provider within three days of receipt of the goods, the same conditions apply to lost goods. In all cases a signature ‘unexamined’ shall be deemed to be an unconditional acceptance of the goods.
b)
The service provider shall not in any circumstances be liable, whether in contract or tort, to the client for any indirect or consequential loss or damage (including, without limitation, loss of profits, loss of contracts or damage to property) or for any claim against the client by any third party, and the guarantee given by the service provider hereunder shall not be transferable to any person.
c)
The service provider’s liability for damage or non delivery of goods duly notified in accordance with the above shall in any event be limited to replacement of the goods within a reasonable time (or, at the clients option refund the price thereof) whether the damage or non delivery is due to the service provider’s negligence or otherwise.

6.      Credit Agreements
a)
Where the service provider has granted the client a credit facility, the price for the goods and / or service shall be paid by the client on or before 30 days from the date of invoice (the due date) or, if the service provider shall so require under clause (b) of this section, to be paid on demand without any period of notice.
b)
The service provider reserves the right to withdraw or vary credit facilities at any time by summary written notice to the client without giving any reason for so doing, or thereby incurring any liability to the client.
c)
If the client takes goods or service from the service provider in excess of the clients credit limit, the service provider may require payment on delivery for such excess of goods / service.

7.      Terms of Payment
a)
Unless credit facilities have been granted to the client or unless otherwise specifically provided in writing, the price for the goods / service shall be paid by the client in cash on delivery and in default the service provider shall be entitled to withhold any goods / service until payment. In the case of non cash sales, the service provider shall be entitled to charge and recover interest from the client on the price of the goods / service, calculated at four per cent per annum above the Lloyds TSB Bank plc base rate from the due date until the date of full payment.
b)
The discounts allowable to the client are those shown on the service provider’s quotation only, and, unless otherwise expressly agreed in writing, no other discounts or commissions are to become due or allowable to the client.








8.
Late Payment
a)
When payment of any of the service provider’s invoices is overdue, the service provider may suspend its performance of the contracts to which the invoice relates and, or of any other contract then subsisting between the service provider and the client.
b)
In the event of legal action being taken by the service provider against the client for breach of payment obligations hereunder, the client shall be responsible for all costs and disbursements incurred by the service provider on a full indemnity basis.




8.
Risk and Liability
a)
 Risk of damage or loss of goods shall be passed on to the client at the time of the delivery, or if the client                                                    wrong fully fails to take delivery of the goods, the time when the service provider has tendered delivery of the goods. For the purpose of this clause ‘ delivery ‘ shall mean the arrival of the goods at the place of delivery of the client, where delivery is by the service provider, or the safe loading of the goods onto the clients vehicles at the service providers premises where delivery is through the collection by the client.

8.
Retention of Title

a)
Notwithstanding delivery and the passing of risk on the goods or any other provision of these conditions, the property in the goods shall not pass to the client until the service provider has received in cash or ( cleared funds ) payment in full of the price of the goods and all other goods to be sold by the service provider to the client for which payment is then due.
b)
Until such time as the property in the goods passes to the client, the client shall hold the goods as the service provider’s fiduciary agent and bailee, and shall keep the goods separate from those of the clients and third parties and properly stored,  protected and insured and identified as the service providers property. Until that time, the client shall be entitled to re-sell or use the goods in the ordinary course of it’s business, but shall account to the service provider for the proceeds of the sale or otherwise of the goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the client and third parties, and in the case of tangible proceeds, property stored, protected and insured.
c)
Until such time as the property in the goods passes to the client, (and provided the goods are still in existence and have not bee resold), the service provider shall be entitled at any time to require the client to deliver up the goods to the service provider and, if the client fails to do so forthwith, to enter upon the any premises of the client or any third party where the goods are stored and repossess the goods.  
d)
The client shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the service provider, but if the client does so all monies owing by the client to the service provider shall (without prejudice to any other right or remedy of the service provider) forthwith become due and payable.

8.
Customer cancellation of service request / order
a)
Contracts and orders and parts thereof may be cancelled only by the service provider’s written or faxed acceptance of such a cancellation, within 24hours of the original request. Where the service provider accepts such a cancellation, the service provider reserves the right to charge the client with the amount of any losses or expenses directly or indirectly resulting from such cancellation. Where the service provider does not accept such cancellation, then the service provider reserves the right to recover the invoice price from the client and to charge the client with additional losses both direct and indirect resulting from such cancellation. In any case where the service provider is required to place a deposit with a manufacturer or supplier in respect of an order, the service provider may require the client to reimburse such sum in the event of cancellation.

8.
Force Majeure
a)
The service provider shall not be liable to the client or be deemed to be in breach of the contract by reason of any delay in performing, or in any failure to perform, any of the service providers obligations in relation to the goods / service, If the delay or failure was due to any cause beyond the service providers control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the service providers control.
1.
Act of God, explosion, flood, tempest, fire or accident
2.
War or threat of war, sabotage, insurrection, civil disturbance or requisition
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