SERVICING AND REPAIR TERMS AND CONDITIONS
These Terms & Conditions (T&Cs) govern the repairs or service of your machinery by Hopkins Machinery Ltd.
When your product is repaired pursuant to customer request, manufactures warranty, extended service contract or any consumer law, these terms will apply, to the extent that they do not reduce your rights under manufacturer’s warranty, extended service contract or applicable law.
1. Hopkins Machinery Ltd. will service your machinery as described and for the charges stated, charging VAT at the current rate.
2. If service or repair is needed due to failure of parts that are not original to the product or due to damage caused by abuse, misuse or any external cause, and if Hopkins Machinery Ltd. is not responsible for such failure or damage, Hopkins Machinery Ltd. reserves the right to return the machinery to you without servicing or repairing it, and may hold you responsible for any indicated diagnostic fee / quotation charge.
3. If the service or repair requires labour and/or parts not previously specified, Hopkins Machinery Ltd. may seek your approval of a revised estimate. If you do not agree that Hopkins Machinery Ltd. May revise the charges, Hopkins Machinery Ltd. will hold you responsible for any indicated diagnostic fee / quotation charge without completing the repair or service.
4. Hopkins Machinery Ltd. may use parts or products that are new or equivalent to new in reliability and performance, unless specified by manufacturers warranty terms and conditions. Hopkins Machinery Ltd. will retain the replaced part(s) or product(s) as its property, and the replacement part(s) or Products(s) will become your property. Hopkins Machinery Ltd. may repair, exchange or sell the replaced part(s) if it chooses to do so.
5. Hopkins Machinery Ltd. warrants (1) that the service will be performed with all reasonable skill and care and (2) that all parts and products used to service your machinery will be free from defects in materials and workmanship, to the best of our knowledge, and supplied with any applicable manufacturer’s warranty, unless otherwise specified by Hopkins Machinery Ltd. In the event of breach of the warranty in this section 5, Hopkins Machinery Ltd. will either (i) re-perform the service, (ii) repair or replace the part(s) as specified by the manufacturer’s warranty terms and conditions,
In order to claim under warranty you must return your machinery to Hopkins Machinery Ltd., or if claiming for a repair under a manufacturer’s warranty – any authorized manufacturer’s dealership.
6. Hopkins Machinery Ltd. and affiliates, will not be liable to you for any loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to, or any other costs or losses regarding the loss of use of your machinery. The foregoing limitations shall not apply to Hopkins Machinery Ltd. Liability for: (a) death or personal injury, (b) fraud or fraudulent misrepresentation, or (c) any liability which by law cannot be excluded or limited.
Hopkins Machinery Ltd. specifically does not warrant that it will be able to (i) repair or service your machinery without risk to or further damage.
Nothing in these T&Cs will reduce your statutory rights relating to faulty or misdescribed goods. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens' Advice Bureau.
7. You must claim your machinery, and pay all charges due within sixty (60) days after being notified by Hopkins Machinery Ltd. that your machinery has been serviced / repair completed.If you do not, Hopkins Machinery Ltd. Will consider your product abandoned and that, if you do not collect it and pay any outstanding charges within a further three (3) months, Hopkins Machinery Ltd. will dispose of it, to defray costs in accordance with applicable law. This process also applies to work that has been quoted / estimated.
9. These T&Cs are governed by English law.
10. These T&Cs are the only ones that govern the service or repair or your machinery by Hopkins Machinery Ltd.