Dolphin Computer Access Terms and Conditions of Sales and Services Continued
9. STATUTORY RIGHTS, WARRANTIES, REPAIRS, REPLACEMENTS & PROVISION OF SERVICES
9.1 All products are of satisfactory quality, fit for their purpose, correspond to description and will retain functionality for a period of 30 days from the delivery date unless specifically stated at time of purchase.
DCA will fulfill its legal obligations to repair &/or replace Products. These obligations are dependent upon proper use of Products & do not cover any parts of Products which have been modified or repaired without DCA's prior written consent. Customers must allow DCA's technical staff reasonable access to their computer hardware for the purpose of diagnosing problems and carrying out repairs. Such access may include remote desktop support. If access is denied, then DCA has no liability under any warranty in respect of computer hardware.
9.2 DCA's obligations do not apply to the consumable components of consumable items (such as toner in printer cartridges) or if a defect is caused by an external cause such as fair wear & tear, software or hardware loaded onto or connected to Product by Customer where this software or hardware has not been supplied by DCA, an accident, hazard, humidity control, electrical stress or other environmental conditions not commonly found in a safe home or office environment.
9.3 DCA does not provide Service for Third Party manufactured Software or Products but will pass to Customers, to the extent that it is permitted to do so, the benefit of any warranty or guarantee given by the manufacturer or supplier of Third Party Products.
9.4 Service may be provided via telephone (at the normal national rate) or Internet where appropriate. Telephone calls may be recorded for training purposes. Customers must provide DCA with all reasonable courtesy, information & cooperation to enable DCA to deliver the Services & shall be responsible for all telephone & postal charges in contacting DCA.
9.5 DCA makes repairs as required at law by using components which are new or equivalent to new in accordance with industry standards and practice. Products will be repaired using parts which will work for at least 90 days after the date upon which they were installed.
9.6 DCA owns any Product or parts that are removed during repair. DCA may require Customer to return removed parts to DCA for reconditioning, analysis or for environmental reasons.
9.7 If Customer does not return removed parts DCA then may charge a fee of which Customer will be informed prior to charge. The fee will reflect the cost incurred by DCA in retrieving the part(s), &/or the cost of procuring another component to recondition &/or arising from failure to comply with environmental obligations as a result of the Customer's failure to return the Product or part.
9.8 The charge referred to in 9.7 above will not apply to Consumers returning defective parts which have been replaced in accordance with statutory rights.
9.9 Before an DCA engineer begins any work, the Customer must ensure that they have backed up any records, information, files, operating software, data, or anything else on their computer system which could be affected. It is the Customer's responsibility to ensure that if anything is deleted from or corrupted within their computer system as a direct or indirect result of DCA providing the service, they have copies to replace them. DCA only undertakes work under this agreement on this basis. If data on the Customer's computer system is affected as a direct result of DCA providing the service, DCA will attempt to restore this information to their computer system. DCA does not accept any other responsibility or liability for anything damaged, corrupted or lost from the Customer's computer system which has not been backed up correctly
9.10 Products sold will be suitable for general use in a domestic, non commercial, non research environment in a manner which is consistent with the specification, functionality & service standards described in the Product's Description. Fitness for use in any other manner or environment must be explicitly and clearly agreed (preferably in writing) with DCA prior to purchase.
9.11 DCA will repair, or in the event that repair does not occur, replace Product which is defective within a reasonable period & with reasonable care & skill. This may only be varied to the extent reasonably agreed with the Consumer.
9.12 Business Users must satisfy themselves as to the suitability of the description for their needs. DCA does not warrant fitness for any particular purpose. Fitness for use in any particular manner or environment must be agreed in writing with DCA prior to purchase.
9.13 Business Users are not automatically entitled to repair or replacement other than as agreed by DCA. DCA shall have no liability or obligation for defects in Products or failure to remedy defects except as expressly provided under this Agreement.
9.14 Except as expressly provided herein, no warranty, express or implied as to the condition, quality, performance, merchantability, or durability of the Products is given or assumed by DCA & all such warranties are hereby excluded.
10. LIMITATION OF LIABILITY
10.1 Nothing in these conditions excludes or limits the liability of DCA:
(a) for death or personal injury caused by DCA's negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for DCA to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.
10.2 If liability is established contrary to the intent of these conditions then, DCA's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and DCA shall not be liable to Customers for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
11.1 Each right or remedy of DCA under the Contract is without prejudice to any other right or remedy of DCA whether under the Contract or not.
11.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
11.3 Failure or delay by DCA in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of Customersr rights under the Contract.
11.4 Any waiver by DCA of any breach of, or any default under, any provision of the Contract by Customers shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
11.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
11.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
12. DATA PROTECTION
13.1 Each party must treat all information received from the other which appears to be confidential as it would treat its own confidential information generally, but at least, with no less than a reasonable degree of care.
13.2 Information received from a Customer may be used to inform the Customer of improvements to products and services and for marketing activities of the seller. If you do not want to receive news or special offers then please click on this link to unsubscribe from the service.
In the unlikely event that you have a complaint about any aspect of dealing with us please telephone us as soon as possible on 01905 754 577 or fax us on 01905 754 559 or email us. We hope that we can deal with your problem in just a few moments on the telephone, however, if your complaint is more complex and is submitted in writing, we promise to acknowledge all written complaints within 5 working days of receipt; and advise you of how long we feel it will take to resolve the complaint; and keep you informed throughout the process.
15. Contacting Us
If you wish to contact us you can do so by emailing us via the contact form on our or you can call us on +44 (0)1905 754577 or fax us on +44 (0)1905 754559 or email us. Our offices are open from Monday to Friday, 9am to 5.30pm (GMT) and calls are charged at the standard National Call Rate. Callers from outside the UK will be charged at their standard International Call rate.
Our address for any written correspondence is:
Dolphin Computer Access Ltd
Blackpole Estate West
Worcester WR3 8TJ
Visitors by appointment only please.