For Sales & Advice Call: 01896 849238

Servicing & Repair Terms & Conditions

BORDER CHAINSAW & LAWNMOWER SERVICES

SERVICING & REPAIR TERMS & CONDITIONS

  1. DEFINITIONS

Border Chainsaw & Lawnmower Services trading as Pearsons of Duns Limited. company number SC183235 is referred to as “the Company”.

The Company premises are at Unit 4, Station Road Industrial Estate, Earlston TD4 6BZ.

The Company contact details are:

Telephone: 01896 849238

Email: enquiries@borderchainsaw.co.uk

The person purchasing the services from the Company is referred to as “the Customer”.

The Terms and Conditions set out below form the Terms and Conditions of the Contract between the Company and the Customer.

The goods serviced, repaired or otherwise handled by the Company on behalf of the Customer are referred to as “the Item”.

  1. TITLE

It is assumed by the Company that if the Customer provides the Item for servicing or repair, that the Customer has title to the Item, or authority to have the Item serviced or repaired. If the Customer does not have title or authority to the Item then the Customer will be liable to the Company for the cost of the invoice and any loss or damages sustained as a result of the Customer’s instruction.

  1. REASONABLE TIME

Servicing and/or repair of the Item will be undertaken in accordance with the job card which the Company operates and, within a reasonable time which will be subject to the operation of the job card, workshop capacity, stock parts availability and/or supply of any parts from the manufacturers which it is necessary to order.

  1. ESTIMATE

Unless specifically agreed in writing, all work is agreed on a verbal estimate basis, any advertised costs are estimates.

Unless specifically agreed in writing, time for completion of any work is not essential.

Any estimate is based on the costs of labour and materials relevant at this date and the Company reserves the right to alter the charges to meet any variations, whether due to increase in wages (controlled by national agreements), materials or increased cost from any other cause outside of the Company’s reasonable control.

Should any additional work or materials be found necessary in the course of the service, repairs or subsequent testing, it will be necessary to make an extra charge. Where this additional work involves a substantial increase in the amount estimated, a supplementary verbal estimate will be submitted for acceptance by the customer; this can be put in writing if the customer desires.

This estimate is valid for a period of thirty (30) days only from the date of the estimate unless expressly withdrawn by the Company at an earlier time.

  1. BOOKING DEPOSIT

Unless otherwise agreed in writing, if the Item is required to be serviced or repaired by the Company, the Customer is required to pay a booking deposit. Payment of the booking deposit must be provided at the time of booking. The booking deposit is used to cover the cost of initial diagnosis and estimate. The booking deposit will be deducted from the final invoice.

Please see in store for our current booking deposit rate.

Either the Customer or the Company may cancel the service or repair of the Item for any reason prior to the Customer’s acceptance or rejection of the estimate. If the Customer cancel’s the service or repair and collects the Item, the Company reserves the right to withhold all of the deposit to cover the cost of diagnosis. The booking deposit is non-refundable.

If after diagnosis, the Customer decides to forfeit the Item to the Company.  The Company, at its sole discretion, will sell or dispose of the item.

  1. CALL OUT CHARGE

If the Company need to attend the Customer’s premises to assess a problem with the Item, call outs are charged at an initial rate of £48.00 plus vat.  Work carried out at the job will be charged for in addition to the call out charge. A call out charge is made irrespective of whether work is successfully carried out or not.

  1. PAYMENT

The price of the Item’s service and/or repair is detailed on the invoice. 

Unless otherwise agreed in writing, payment of the invoice is required prior to collection or delivery and the Company shall not be held accountable for collection or delivery until payment of the invoice is received by the Company.

For trade accounts the Company will allow fourteen (14) days payment terms from the completion of the service/repair.  If you do not hold a trade account payment is due on collection.

The price is inclusive of any applicable VAT and other taxes or levies which are imposed or charged by the competent authority.

  1. LATE PAYMENT

If for any reason (including but not limited to non-collection or failure to arrange delivery of the Item by the Customer) the price on the invoice is not paid to the Company either as previously agreed verbally or in writing with the Customer, or otherwise before delivery/collection, the Company is entitled to charge interest on the unpaid invoice at the rate of 4% above Royal Bank of Scotland base rate fourteen (14) days from the date of the invoice.

  1. STORAGE CHARGE

The Customer is required to arrange collection or delivery of the Item with the Company within 14 days of being advised that the Item is available, failing which storage charges will be added to the sum due from the Customer to the Company.  Please see in store for our current storage rate.

  1. SEIZURE OF GOODS

If after twelve (12) weeks after the notification that the Item service has been completed and ready for collection, payment is not received and the item is not collected, we reserve the rights to seize the Item.  The Company, at its sole discretion, will sell or dispose of the item.

  1. VARIATION

If the Customer wishes to vary any details of the Service or Repair, they must notify the Company as soon as possible. The Company shall endeavour to make any required changes and additional costs will be invoiced to the Customer.

  1. ERRORS OR OMMISSIONS

Any typographical, clerical or other accidental errors or omissions in any sales literature, estimate, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on behalf of the Company.

  1. SERVICE WARRANTY

The Company warrants that: (a) Services will be performed in a timely, efficient, and professional manner; (b) all Company personnel assigned to perform Services will have the necessary skill and training; and (c) Services will be performed in a manner consistent with the standard of care in the industry (“Services Warranty”). The Services Warranty will survive for a period of thirty (30) days after the date when Services are completed (“Services Warranty Period”).

  1. CANCELLATION, REFUNDS AND RETURN

Communication by the Customer concerning cancellation, refund or return of the Item should be effected in writing to the Company’s address by recorded delivery or by email to enquiries@borderchainsaw.co.uk

Refunds will be made within fourteen (14) days of the date of return of the Item.

  1. DELIVERY OF THE ITEM

The Item will be delivered to a ground floor site which is accessible.

Delivery of the Item will be made at a time and place agreed with the Customer.

If the Customer or their representative is not at the time and place agreed for delivery, the Item will be taken away and re-delivery arranged subject to agreement with the Customer and to payment of a further delivery fee.

Delivery is charged at £1.00 per mile plus VAT.

  1. TERMINATION

The Company may terminate the provision of the Services immediately if:

  1. a) the Customer commits a material breach of its obligations under these Terms and Conditions; or
  2. b) the Customer is or becomes the subject of a bankruptcy order or takes advantage of any other

statutory provision for the relief of insolvent debtors.

  1. CALCULATION OF DAMAGES

The Company is not to be held responsible for any loss (whether financial or otherwise) suffered by the Customer or Third Party which is not foreseeable or when we are not in breach of these Terms and Conditions, or otherwise unless the Company is found to be negligent or fraudulent in its delivery, supply of goods or services.

  1. THIRD PARTIES/LIABILITY

The Company is not responsible in relation to the supply of Items or services it provides to the Customer for any loss (whether financial or otherwise) caused by a Third Party over which it has not control or order.

  1. FORCE MAJEURE

The Company shall not be responsible for any loss suffered by the Customer or Third Party as a result of delay in supply or delivery of the Item that is the result of any event or circumstance beyond our control (including but not limited to, weather conditions, accidents, failure of telecommunications, inability to use transport networks, acts of God, terrorist attack, war, riots, civil commotion strikes acts or restrains of the Government).

  1. GDPR

We value your privacy.

Customer details including name, address, telephone number and email address are used on manufacturers websites for new machinery registrations, warranty claims and servicing requirements.

Customer details including name, address, telephone number and email address are retained by the Company for the purpose of the purchase of equipment, warranty claims, servicing and repairs. Details are held on a secure system monitored by data protection software.

Payment details are not retained.

Customer details will only be used for special offers or marketing purposes by the Company if authorised or subscribed to by the Customer.

A Customer can unsubscribe from special offers or marketing communications from the Company at any time by email at enquiries@borderchainsaw.co.uk, telephone 01896 849238 or by writing to the Company at Unit 4, Station Road Industrial Estate, Earlston TD4 6BZ.

  1. CONSUMER RIGHTS

Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a consumer.

  1. ENTIRE AGREEMENT

The Contract constitutes the entire agreement between the parties in relation to its subject matter. No other terms apply. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Seller which is not set out in the Contract.

  1. LAW AND JURISDICTION

The Contract and any dispute or claim arising out of, or in connection with it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of Scotland and the parties irrevocably agree that the courts of Scotland shall have non-exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract, its subject matter or formation (including noncontractual disputes or claims).