The Fix My Watch Services Supply Contract is made up of the following:
(a) The Online Request;
(b) Any Revised Quotation agreed; and
(c) These Standard Terms.
If there is any conflict or ambiguity between the terms of the documents listed above, a term contained in a document higher in the list shall have priority over one contained in a document lower in the list. A contract is formed on the basis set out in clause 2.
Our intention is that these terms and conditions will set out the agreement between you and us. The agreement is a contract and is binding on both you and us. Before you enter into a contract with us, please read all of these terms and conditions carefully. Make sure that they contain all that the matters you would like to see and do not contain any matters which you do not agree with. If you would like to see any changes please let us know, preferably in writing. You can find our contact details in clause 5 below.
Please note that there are limits of liability in this agreement and in particular we are not liable for any loss or damage to a watch in transit above £5,000 and that you must have evidence to support any such claim.
Administration Fee: the fee of £15 which represents the charges incurred where You decline a Revised Quotation.
Contract: the contract between the Customer and the Supplier for the supply of the Services in accordance with the Support Confirmation Letter, these Standard Terms and the Service Schedule.
Customer/You/Your: the person specified in the Online Request and who agrees to the terms of the Contract therein.
Delivery Contribution Fee: the fee of £5 which represents the charges incurred where Services cannot be provided for a Watch.
Online Request: the online form You complete setting out Your details, the details of the Watch and the Services requested.
Revised Quotation: the email containing details of any changes to the Services and Service Fees which We confirm after We have received the Watch
Services: the services to be provided by the Supplier pursuant to this Contract, as set out in clause 3 and as described in the Online Request and/or any Revised Quotation agreed.
Service Fees: the charges payable by the Customer for the supply of the Services by the Supplier, as set out in the Online Request and any Revised Quotation.
Services Start Date: the day on which the Supplier is to start provision of the Services, as set out in clause 2.2.
Standard Terms: these terms and conditions set out in clause 1 to clause 10 (inclusive).
Supplier/Us/We: Mistal Time Services Limited t/a Fix My Watch, Company No 01794168; Registered in England and Wales; Registered Office, Broseley House, 116 Bradshawgate, Leigh, Lancashire, WN7 4NT.
Watch: the watch which is specified in the Online Request and provided to the Supplier.
2. Commencement/Cancellation Rights
2.1 The Contract shall begin on the date You agree to the terms of the Contract in the Online Request. The Contract shall continue, until the Services are completed and We return the Watch to You or it is terminated under clause 8.
2.2 The provision of the Services shall only commence on the receipt of the Watch where You have made an express request for the Services to begin immediately. Where You have not made an express request the provision of the Services cannot begin until 14 days after the Contract begins.
2.3 Subject to clause 2.4, You can cancel the Contract within 14 days of the date the Contract begins. Please note that You cannot cancel the Contract where We have started to perform the Services or You have agreed We start the Services before the end of the 14-day period.
2.4 If You have made an express request for the Services to begin immediately the cancellation period set out in clause 2.3 shall end.
3. Supply of services
3.1 We shall supply the Services to You from the Services Start Date in accordance with the Contract.
3.2 The Services shall be the following Services which You have requested in the Online Request or confirmed in a Revised Quotation;
(a) Watch Service – which shall mean the servicing of the watch by removing the straps and bracelets, opening the case and removing the movement. The disassembly into component parts of the Watch (if required) in readiness for cleaning. The disassembly of the movement of the Watch and cleaning of each individual part in an ultrasonic machine with a specific formulated solution as determined by Us. Any parts which require changing (that are required due to normal wear and tear and not subject to any Repair Service) will be replaced. When the movement is carefully and skilfully reassembled by Us, We will use advanced lubricants to minimise friction and wear and tear. If instructed, the case and bracelet will be polished and refinished, removing any scratches, utilising a series of polishing tools and compounds. Reassembling the Watch replacing any required seals and resealing to manufacturer’s specifications;
(b) New Battery – which shall mean the removal and replacement of the battery in the Watch with a Renata Swiss battery. This Service shall include the resealing of the watch case to the manufacturer’s specifications;
(c) Repair Services – which shall mean the replacement of parts specified in the Online Quotation. Where required any resealing of the Watch after any parts are replaced will be carried out to the manufacturer’s specifications.
Each Service shall include the collection and return of the Watch to the address set out in the Online Request subject to the terms of this Contract.
3.3 In supplying the Services, We shall:
(a) perform the Services with reasonable care and skill;
(b) use reasonable endeavours to perform the Services in accordance with the service description set out in clause 3.2; and
(c) comply with all applicable laws, statutes, regulations from time to time in force, provided that We shall not be liable under this agreement if, as a result of such compliance, it is in breach of any of its obligations under this agreement.
3.4 We shall not be responsible for the provision of the Services specified in the Online Request where:
(a) the Watch when examined contains any fault or requires a repair; or
(b) the Watch does not comply with the details provided in the Online Request.
3.5 In the event clause 3.4 applies and we can provide the Services on a different basis We shall provide You with a Revised Quotation for the Services requested and/or any additional Repair Services which are required to allow the Services to be completed. If You agree to the provisions of the Revised Quotation the Services set out in the Revised Quotation shall be included in the Services. If You do not agree to the Services set out in the Revised Quotation the Watch shall be returned to You at the address we collected it from and You agree to pay the Administration Fee. In such circumstances clause 5.2 shall apply.
3.6 In the event We are not able to carry out the Services for any reason where clause 3.4 applies You agree to pay the Delivery Contribution Fee. In such circumstances, We will not provide a Revised Quotation and clause 5.1 shall apply.
3.7 On completion of the Services or if We are not able to carry out the Services for any reason We shall return the Watch to the address we collected it from. We shall notify You before the Watch is dispatched to the email address provided in the Online Request.
4. Customer’s obligations
4.1 You shall:
(a) co-operate with Us in all matters relating to the Services;
(b) ensure that the information in the Online Request is correct;
(c) provide the Watch to Us in the manner specified on the Supplier’s website; and
(d) provide, in a timely manner, such information as We may reasonably require, and ensure that it is accurate in all material respects.
4.2 If Our performance of Our obligations under this agreement is prevented or delayed by any act or omission by You, We shall:
(a) not be liable for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay;
(b) be entitled to payment of the Fees which We may reasonably expect to have received despite any such prevention or delay; and
(c) be entitled to recover any additional costs, charges or losses We sustain or incur that arise directly or indirectly from such prevention or delay.
4.3 You must notify us if the address We collected the Watch from is no longer the address the Watch should be returned to. We will only be obliged to deliver the Watch to a different address if You have notified us of this and shall not be responsible for the delivery to an address provided by You unless You make a change before a Watch is dispatched.
5. Returns Policy/Warranty
5.1 Where We are unable to provide the Services because the Watch is not able to be repaired We shall return the Watch to You and You shall pay the Delivery Contribution Fee.
5.2 Where We provide a Revised Quotation and You do not agree to the Services required in the Revised Quotation We shall return the Watch without carrying out the Services and You shall pay the Administration Fee.
5.3 Where You are not satisfied with the provision of the Services You shall notify Us via firstname.lastname@example.org or write to Us at Broseley House, 116 Bradshawgate, Leigh, Lnacashire, WN7 4NT. We shall review the issues highlighted and confirm to You any remedial action We propose. We warrant the Services on the following basis:
(a) We guarantee Watch Services for a period of 12 months;
(b) We guarantee a New Battery for a period of 30 days;
(c) We guarantee Repair Services for a period of 30 days.
5.4 We shall not be responsible for any remedial works which are required from the Services unless You have notified Us of the issues under clause 5.3 and provided Us with the opportunity to remedy such issues.
6. Fees and payment
6.1 In consideration for the provision of the Services, You shall pay Us the Fees in accordance with this clause 6.
6.2 All amounts payable by you include amounts in respect of value added tax (VAT).
6.3 The Fee payable shall be the fee specified in the Online Request and/or a Revised Quotation.
6.4 All Services must be paid for in advance and payments are made for the provision of the Services which shall also include for this purpose the return and review of a Watch under clauses 5.1 and 5.2.
6.5 If any sums are due to be returned to You as clause 5.1 or 5.2 applies We will return the payment to the card or account from which payment was made.
7. Limitation of liability
7.1 Nothing in this Contract shall limit or exclude Our liability for:
(a) death or personal injury caused by its negligence, or the negligence of its personnel, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
7.2 If any part of the Services is performed negligently or in breach of the provisions of this Contract then, on Your request, We will re-perform the relevant part of the Services. We will not be liable to re-perform any part of the Services which We have performed negligently or in breach of this Contract unless You notify Us in accordance with clause 5.
7.3 Subject to clause 7.1, the Supplier shall not be liable to the Customer for any loss or damage, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement for any indirect or consequential loss.
7.4 Subject to clause 7.1, the Supplier’s total liability to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Contract shall be limited to:
(a) £5,000 for any damage to or loss of the Watch in transit; and
(b) in any other circumstance to any Fee paid.
7.5 We are only liable for Your Watch once it is collected from You on Our behalf. We are not responsible for any damage to Your Watch which occurs before it is provided to Us. You must confirm the value of the Watch in the process of requesting the Service and retain evidence of Your ownership, the value and the state of repair of the Watch before sending it to Us. We obtain insurance to cover Your Watch whilst it is in transit and in the event of any claim on such insurance You must provide any information required by the insurer for a claim.
8.1 Without affecting any other right or remedy available to it, either party to this Contract may terminate it with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of any term of this Contract which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;
(b) the other party takes any step or action in connection with its entering administration, bankruptcy, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business.
8.2 On termination of this Contract for whatever reason:
(a) any of the parties’ rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of this Contract which existed at or before the date of termination, shall not be affected; and
(b) any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
9.1 Force majeure. Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
9.2 Assignment and other dealings.
(a) You shall not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under this Contract without Our prior written consent.
(b) We may at any time assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights under this Contract.
9.3 Entire agreement.
(a) This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
(b) Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
9.4 Variation. No variation of this Contract shall be effective unless it is made subject to a Revised Quotation or is made in writing and signed by the parties (or their authorised representatives).
9.5 Waiver. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:
(a) waive that or any other right or remedy; or
(b) prevent or restrict the further exercise of that or any other right or remedy.
9.6 Severance. If any provision or part-provision of this Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Contract.
(a) Any notice or other communication given to a party under or in connection with this Contract shall be in writing (including email), addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause or as set out in the Online Request, and shall be delivered by email, or sent by pre-paid first class post.
(b) A notice or other communication shall be deemed to have been received: if sent by pre-paid first-class post at 9.00 am on the second Business Day after posting; or, if sent by email, one Business Day after transmission.
(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
9.8 Third party rights. No one other than a party to this agreement shall have any right to enforce any of its terms.
9.9 Changes to terms. We may amend any term of the Contract (and in particular the description of the Services) at any time for future Services or works.
9.10 Governing law. This Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales.
9.11 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.
10. Data Protection
10.1 We shall comply with the Data Protection regulations which apply at all times.