| | |

Elementary Technology Limited REFUND POLICY

1. Definitions
1.1                   In this refund policy the following words shall have the following meanings:

Company:  Elementary Technology Limited, of The Old Courthouse, 24 Church Street, Telford, Shropshire TF1 1DG (company no. 4870924).
The Customer: The person, firm or organisation with whom the Company contracts.
Authorised Person: A representative of the Customer who is authorised to discuss changes to the installation necessary during the installation and to sign off the Installation Completion Certificate.
Conditions: The terms and conditions set out in this document.
Contract : Any contract between the Customer and the Company for the sale and purchase of the Goods incorporating these Conditions.
Goods: The goods and services specified in the Order Acknowledgment.
Installation Completion Certificate: The Company’s printed document, which is presented to the Customer at the completion of the installation. Also known as the ‘sign-off sheet’.
Price: The price for the Goods excluding VAT shall be the price of the Goods specified in the Quotation, subject to any increases permitted in accordance with clause 3.3 or the other provisions of these Conditions.
Quotation: The estimated price based on information provided to the Company by the Customer.
Order Acknowledgment:   The Company’s written acknowledgement and acceptance of the Customer’s order to purchase the Goods at the price set out in the Quotation, subject to a Site Survey (if necessary). The Order Acknowledgment may be communicated by post, fax or email.
Site Survey: The survey conducted either by an Installation engineer or the Customer to identify any additional engineering requirements.
Working Day: Monday to Friday (excluding bank and other public holidays in the UK and any other days as notified by the Company to the Customer in advance)
1.2 Any reference in these Conditions to any statute or statutory provision shall be construed as referring to that statute or statutory provision as it may from time to time be amended, modified, extended, re-enacted or replaced and including all subordinate legislation from time to time made under it.
1.3 Words indicating the singular include the plural, words importing any particular gender shall include all other genders and references to persons shall include companies and other unincorporated associations or bodies corporate and (in each case) vice versa.
1.4 Any reference to “including” shall mean “including without limitation”.
1.5 Headings to Conditions are for convenience only and do not affect the interpretation of these Conditions.

10. Warranty Quality of goods

10.1                 The Company warrants that (subject to the other provisions of these Conditions) upon delivery, and for a period of 28 days from the date of delivery, the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
10.2                 The Company shall not be liable for a breach of the warranty in Condition 10.1 unless:
  • the Customer gives written notice of the defect to the Company (and, if the defect is as a result of damage in transit, to the carrier), within 7 days of the time when the Customer discovers or ought to have discovered the defect; and
  • the Company is given a reasonable opportunity after receiving the notice of examining any affected Goods and the Customer (if asked to do so by the Company) returns such Goods to the Company’s place of business at the Company’s cost for the examination to take place there.

10.3                 The Company shall not be liable for a breach of the warranty in Condition 10.1 if:

  • the Customer makes any further use of the affected Goods after giving the notice required by Condition 10.2; or
  • the defect arises because the Customer failed to follow the Company’s (or its sub-contractor’s) oral or written instructions as to the storage, use, installation or maintenance of the Goods or (if there are none) good trade practice; or
  • the Customer alters such Goods without the written consent of the Company.

10.4                 Subject to Conditions 10.2, 10.3 and 10.5, if any of the Goods do not conform to the warranty in Condition 10.1, the Company shall collect the Goods or cover the Customer’s reasonable costs of returning
them to the Company and may, at its option:

  • replace the Goods or any defective part of the Goods and deliver such replacement to the Customer; or
  • refund a reasonable proportion of the Price of such Goods.

10.5                 If the Company complies with Condition 10.4 it shall have no further liability for a breach of the warranty in Condition 10.1 in respect of such Goods.