Repairs

1. General

1.1 These terms and conditions (“Terms and Conditions”) apply to all offers, quotations and provision of repair services by Sony Europe B.V. (“Sony”) to any purchaser or potential purchaser of out of warranty repair services for Sony PSE products (“Customer”)
1.2 These Terms and Conditions relate only to the repair of products which are outside of the terms of the Sony warranty. Products covered by a Sony warranty are subject to the terms and conditions of the Sony warranty
1.3 Any agreement between Sony and Customer in respect of the delivery by Sony of the Services shall be binding only if, and to the extent that an individual order for repair is accepted by Sony. No quotation or estimate given by Sony shall constitute an offer. Sony shall have full discretion in accepting or rejecting any order for the Services. However these Terms and Conditions will apply from the date the Product is collected from Customer for inspection.
1.4 These Terms and Conditions shall be exclusive of and prevail over all other terms or conditions, written or oral, implied by trade custom or course of dealing, wherever appearing or however introduced (including those in any Customer general terms and conditions, request for quotation, order or confirmation) unless expressly otherwise agreed by Sony in writing. All other terms or conditions are expressly rejected by Sony. By submitting a Product to Sony for inspection Customer agrees to be bound by these Terms and Conditions whether or not expressly so stated in any order, confirmation or otherwise. Each deviation from or modification to these Terms and Conditions requires the express written agreement of Sony in each instance. Modification or waiver of any provision in one instance shall not constitute modification or waiver in any other instance. Sony may amend these Terms and Conditions at any time, by taking reasonable steps to inform Customer of such amendment. Any such amendment will not apply to any outstanding orders for Services already accepted at the time of the amendment.
1.5 Customer may not, without Sony’s prior written consent, assign all or any of its rights under any contract incorporating these Terms and Conditions.
1.6 Any reference in these Terms and Conditions to Sony shall be taken to include a branch or business division of Sony Europe B.V. as the case may be.
1.7 Nothing in these Terms and Conditions shall impose, limit, or exclude any right or obligation to the extent that it is not permitted to impose, limit, or exclude any such right or obligation under applicable law.

2. Submitting a Product for Repair and Provision of an Estimate

2.1 In the event that Customer requires a repair to a Sony PSE product Customer will contact the Sony Professional Solutions Europe Services Helpdesk and provide details of the fault, the serial number and product code of the product requiring repair. Sony will confirm to Customer if the product (“the Product”) is within the scope of Sony’s out of warranty repair services (“the Services”).
2.2 Unless otherwise agreed in writing, Sony will arrange for the collection of the Product from Customer’s premises.
2.3 Collection of a Product shall not constitute an obligation on SONY to repair the Product. It may physically impossible to repair the Product. In addition the repair of a Product out of warranty is subject to the availability of the spare parts and accessories that are necessary for the repair.
2.4 On receipt of the Product Sony shall inspect the Product. In the event that the Product is not suitable for repair or Customer rejects the estimate in accordance with Condition 2.6, Sony shall be entitled to charge Customer an inspection charge (plus VAT). Details of the current inspection charges can be obtained from the Sony Professional Solutions Europe Services Helpdesk.
2.5 If, in Sony’s reasonable opinion, a repair of the Product is possible Sony will issue an estimate for the charges of such repairs to the Customer. The charges given in the estimate will be valid for a period of 14 days from the date of issue.
2.6 Customer will return the estimate form indicating whether or not they accept the estimate and if they accept the estimate the y must enclose a purchase order with the returned form. In the event that Customer rejects the estimate, Sony shall be entitled to charge Customer the inspection charge as detailed in Condition 2.4 and (unless Customer abandons the Product in accordance with Condition 2.8) the return shipping costs (plus VAT). The rate of the current inspection charge and the return shipping costs will be detailed on the estimate form.
2.7 If, following inspection, Sony concludes that either: a) it is not able to conduct a repair of the Product; or b) there is no fault with the Product, Sony will inform Customer and an estimate will not be issued. The inspection charge as detailed in Condition 2.4 will be payable by Customer and (unless Customer abandons the Product in accordance with Condition 2.8) the return shipping costs (plus VAT). Details of the return shipping costs can be obtained from the Sony Professional Solutions Europe Services Helpdesk.
2.8 Customer may decide to abandon the Product on: rejection of an estimate; or in the event that the Sony informs Customer that it is unable to conduct a repair. Where Customer abandons the Product, on rejection of an estimate, this will marked by the Customer on the form returned at the time of rejection. Where Customer abandons the Product on notification that Sony is unable to conduct a repair, Customer will notify Sony of its abandonment of Product in writing (for which purposes an email communication shall be sufficient notice). On receipt by Sony of Customer’s intention to abandon the Product, title in the Product shall vest in Sony and Customer shall have no further rights to the Product.
2.9 If Customer fails to reply to the estimate within 60 days of its issue, Sony shall contact Customer to inform them that Sony assumes that the Product is abandoned by Customer. Failure to reply by Customer within thirty (30) days following this contact shall entitle Sony to dispose of the Product. Customer shall remain liable to Sony for the applicable inspection charge.
2.10 If when undertaking the Services it becomes apparent to Sony that additional issues, not identified at the time of the origin al estimate, need to be addressed in order to complete a satisfactory repair of the Product, Sony will issue a revised estimate to
the Customer. On receipt of the revised estimate the process as detailed in Conditions 2.6. 2.8 and 2.9 shall apply including, but not limited to: Customer’s obligation to pay the inspection charge in the event that estimate is rejected; and the Customer’s option to abandon the Product.

3. Performance of the Services

3.1 Sony will not commence performance of the Services until it has received from Customer the properly completed and signed estimate form and a purchase order.
3.2 When performing the Services, Sony may use brand new parts or, if such parts are not available, Sony may use refurbished parts.
3.3 All defective parts removed from the Product during the performance of the Services shall become Sony’s property immediately on removal from the Product and will not be returned to the Customer. In the event that the Customer requires such defective parts to be returned to them this is at Sony’s option, and subject to payment by the Customer for the price agreed for the return of such parts.
3.4 Any time estimate for completion of the Services, which may be given to Customer is an estimate only and does no r form an obligation under these Terms and Conditions. Accordingly Sony accepts no liability whatsoever for any loss or damage resulting from delay however caused, nor shall late delivery or non-delivery be a basis for cancellation of the Services by Customer.
3.5 Sony reserves the right to sub-contract the performance of the Services.

4. Warranty

The repair shall be guaranteed against any identical breakdown on the Product within 90 days following the repair. In such an event, Sony shall repair the Product free of charge and such repair will be guaranteed for the remaining time of the initial warranty. In case of a defect of the replaced part, Sony shall be able to choose between the following options: the repair of the part; (ii) the replacement of the part by an equivalent one; (iii) the refund of the part, at its market value.

5. Charges and Payment

5.1 The charges payable for the performance of the Services will be the charges agreed on the accepted estimate or revised accepted estimate as the case may be (“the Charges”).
5.2 Upon completion of the Services, Sony shall invoice Customer for the Charges including the cost of any applicable sales, value added, excise, withholding or similar tax or duties.
5.3 Where an inspection fee and/or return shipping charges are payable by Customer under Conditions 2.4, 2.6 or 2.7 Sony shall invoice Customer for such fees and charges including the cost of any applicable sales, value added, excise, withholding or similar tax or duties.
5.4 Customer shall pay invoices within the number of days stated on the invoice for payment, or, in the absence of such information being shown on the invoice 30 days from the date of issue.
5.5 Without prejudice to Sony’s other rights and remedies, including the right in any event to sue for the Charges, interest at the rate stated on the relevant invoice may be charged on the amount of any overdue account from the due date until the date of final settlement. In the event that no such rate is expressly specified, then the lower of 7% over the then current European Bank base rate or the maximum rate of default interest chargeable under the applicable law shall apply. Such interest shall accrue on a daily basis from the due date until the date of the actual payment of the overdue amount, whether before or after judgement.

6. Customer’s Default or Insolvency

6.1 If Customer is in breach of any of these Terms and Conditions; (ii) fails to make any payment to Sony when due; (iii) becomes subject to any of the events listed in Condition 6.2; or (iv) is in Sony’s reasonable belief about to become subject to any of the events listed in Condition
6.2 and Sony notifies Customer accordingly, then Sony shall have the right, without prejudice to any other remedies to cancel or suspend the performance of the Services under these Terms and Conditions, without incurring any liability to Customer.
6.2 For the purposes of Condition 6.1, the relevant events are if Customer:
6.2.1 is involved in any legal proceedings concerning its solvency;
6.2.2 commits an act of bankruptcy or is adjudicated bankrupt;
6.2.3 enters into liquidation, whether compulsory or voluntary, other than for the purposes of amalgamation or reconstruction;
6.2.4 makes an arrangement with its creditors or petitions for an administration order;
6.2.5 has a trustee, receiver, administrative receiver or manager is appointed over all or part of its assets;
6.2.6 generally becomes unable to pay its debts;
6.2.7 is subject to an event or proceeding in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events listed in Conditions 6.2.1 to 6.2.6;
6.2.8 suspends, threatens to suspends, ceases or threatens to cease to carry on all or substantially the whole of its business; or
6.2.9 is subject to their financial position deteriorating to such an extent that, in Sony’s reasonable opinion, Customer’s capability to adequately fulfil its obligations under the Terms and Conditions is at risk.
6.3 Termination of a contract, however arising, shall not affect any of the parties’ rights and remedies that have accrued as at termination. Conditions which expressly or by implication survive termination of the contract shall continue in full force and effect.

7. Claim

Any complaints against Sony must be made within one month of the date upon which Customer became aware or ought to have become aware of the circumstances giving rise to the complaint. All complaints not so filed are waived.

8. Liability

8.1 Sony’s liability entire liability in respect of any single cause of action arising out of or in connection to these Terms and Conditions or their subject matter (whether for breach of contract, tort, including negligence, statute or otherwise) for damages for any claim of any kind (save for claims for death and personal injury caused by its negligence and that of its employees, agents or
authorized representatives or any other liability that cannot be limited under applicable law) shall not in respect of any event or series of connected events exceed the Charges payable by the Customer for the Services.
8.2 Any data or information stored on the Product is the Customer’s sole responsibility. Sony accepts no liability for loss or corruption of such data or information howsoever caused. It is the Customer’s responsibility to keep a record or copy of such data or information
8.3 In no event shall Sony be liable in contract law or otherwise for any indirect, special, punitive or consequential damages or for any loss of business or goodwill, loss of revenue or loss of profits, howsoever arising under or in connection with the supply of services under these Terms and Conditions.
8.4 Nothing in these Terms and Conditions shall limit or exclude Sony’s liability in respect of any liability which Sony is not permitted to limit or exclude under any applicable law.

9. Confidential Information

9.1 Customer shall not, without Sony’s written consent, disclose to any third party any secret or confidential information supplied by Sony to Customer.
9.2 Customer shall not copy or reproduce any drawings, specifications, or other written material supplied by Sony in connection with the Services.

10. Force Majeure

10.1 Sony shall not be liable for any failure or delay in performing its obligations under these Terms and Conditions to the extent that such failure or delay is caused by any event beyond its reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable (an event of “Force Majeure”).
10.2 Sony shall, without prejudice to any other provisions hereof, be entitled to cancel or rescind any order or contract under these Terms and Conditions if it is affected by an event of Force Majeure.

11. Cancellation of Orders

11.1 No cancellation of any order for the Services by Customer shall be accepted by Sony unless:
11.1.1 the cancellation is received by Sony in writing; and
11.1.2 Sony accepts such cancellation in writing and is paid by Customer repair costs of that part of work done in connection with the order, (ii) any other costs and liabilities which Sony incurs by reason of Customer’s cancellation.
11.2 Any extra cost or liability incurred by Sony due to suspension of work, or lack of or mistaken instructions from Customer, or to any interruptions or delays attributable to Customer, shall be added to the price of Services and paid for by Customer.

12. No Waiver

Failure or delay by either party to enforce any provision of these Terms and Conditions shall not be deemed a waiver of future enforcement of that or any other provision.

13. Miscellaneous Provisions

13.1 These Terms and Conditions and any dispute or claim arising out of or in connection with an order, its subject matter, or formation (including non-contractual disputes or claims) shall be subject to and construed under English law, excluding conflict of law rules, and the parties hereby submit to the exclusive jurisdiction of the English courts for that purpose. For the avoidance of doubt, the United Nations Convention on the International Sale of Goods shall not apply to contracts concluded under these Terms and Conditions.
13.2 If any provision is declared void or unenforceable by a court of competent jurisdiction with respect to particular circumstances, such provision shall remain in full force and effect in all other circumstances. If any provision is declared entirely void or unenforceable by a court of competent jurisdiction all other provisions of these Terms and Conditions shall remain in full force and effect.
13.3 These Terms and Conditions apply in the English language. Any translations that may be provided are only for information purposes and the accuracy of any such translations should not be relied upon. If there is any conflict in meaning between the English language version of these Terms and Conditions and any version or translation of these Terms and Conditions in any other language, the English language version shall prevail.
13.4 A person who is not a party to a contract to which these Terms and Conditions apply shall have no rights under or in connection with it.