Avantis Systems Ltd Extended Warranty Terms and Conditions – United Kingdom
These Terms are incorporated into every warranty Agreement between you, the customer, and Avantis Systems Ltd to purchase extended warranty following expiry of the original manufacturer’s guarantee provided for the Equipment purchased from Avantis Systems Ltd and, or, to commence from the date of purchase with the inclusion of accidental damage for the duration of the manufacturer’s warranty period and the extended warranty period.
1.1.1 “the Commencement Date” means the date on which an Agreement becomes effective through the acceptance by the Avantis Systems Ltd of an offer by you to purchase an extended warranty;
1.1.2 “Consequential Loss” means consequential loss including but not limited to any financial loss or the cost of business interruption arising from the loss of use of the Equipment or the loss of information contained in or stored on the Equipment, any time and cost involved in the reinstating of such information and any liability to any third party for delay or non-performance of any contract with the third party. Consequential Loss shall also include loss of use of any item of Equipment (not itself covered by the Services) due to its incompatibility with any item of Equipment repaired or replaced under these Terms;
1.1.3 “the Equipment” means tablet equipment supplied to customers located in the mainland UK (i.e. excluding Northern Ireland, Isle of Man, Shetland Islands and all other islands in the UK) which is registered within the Registration Period for the Avantis Systems Ltd warranty;
1.1.4 “the Location” means the customer’s school premises, at which the Equipment is registered within the United Kingdom;
1.1.5 “Avantis Systems Ltd” means Avantis Systems Limited (company number 06318008);
1.1.6 “Mechanical Electrical Breakdown” means the actual and sudden mechanical/electrical failure or breakdown which results in the sudden stoppage of the Equipment’s normal function, which necessitates repair to resolve those functions;
1.1.7 “Registration Period” means commencement date of the warranty on the date of purchase of the Equipment, or, the extended warranty;
1.1.8 “Normal working Hours” means between the hours of 8.30am and 5.30pm each day excluding Saturdays, Sundays and public holidays in the United Kingdom;
1.1.9 “the Services” means repair as a result of Mechanical Electrical Breakdown during the warranty period agreed to be provided by Avantis Systems Ltd; and
1.1.10 “Warranty Period” means the period specified in your Avantis Systems Ltd extended warranty, being either 1 year from the date of expiry of the original manufacturer’s warranty on the Equipment, or, starting from the registration of the accidental damage, included in the original manufacturer’s warranty period for a maximum of 2 years.
1.1.11 “Accidental Damage” is defined with clause 2.1.2.
1.1.12 “Terms” means the terms and conditions outlined in this document, and on which any warranty agreements shall be made.
1.1.13 “Agreement” means a warranty agreement incorporating these Terms.
2.1 You are entitled to the Services in accordance with these Terms if a repair is required to your Equipment within the Warranty Period for reasons of Mechanical Electrical Breakdown and Accidental Damage.
2.1.1 Your Avantis Systems Ltd warranty may include a return to base warranty service. Under the terms of this service, you will be required to have your Equipment delivered to the Avantis Systems Ltd service location for warranty repair. You must pre-pay all postage and shipping charges associated with transportation of the Equipment to the repair location. The Equipment is at your risk of loss during delivery to Avantis Systems and you must insure the Equipment at its full replacement value against any loss or damage of Equipment during transit. Avantis Systems Ltd will return the repaired Equipment to you and incur all delivery and insurance costs to return the Equipment to you, except in the circumstances of clauses 3.1 or 3.2, when Avantis Systems Ltd shall be entitled to make a charge of £25 for investigating a warranty repair not covered by these Terms and you will be responsible for collection or the delivery and insurance costs for return of the Equipment to you.
2.1.2 Accidental Damage means physical damage, breakage or failure of your covered Equipment due to an unforeseen and unintentional event occurring either due to handling (e.g. dropping the warranted Equipment or through liquid contact) or due to an external event. The damage must affect the functionality of your warranted Equipment, which includes cracks to the display screen that affect the visibility of the display.
3.1 If Avantis Systems Ltd determines that any fault reported is not covered by the warranty service, you will be contacted to determine whether such faults could be repaired for a charge or whether the Equipment should be returned as received. All associated transportation and handling costs and any abortive costs will be charged to you and payable before we carry out any chargeable work.
3.2 Avantis Systems Ltd shall make a charge of £25 for return service which are:
3.2.1 made at your request by reason of any fault in the Equipment outside of Accidental Damage or Mechanical Electrical Breakdown; or
3.2.2 made at your request but which Avantis Systems Ltd finds are frivolous or not necessary; or
3.3 Any spare parts which are not included in Avantis Systems Ltd warranty(s) shall be supplied by it at its list prices from time to time in force.
3.4 Any charges payable by you hereunder shall be paid (unless otherwise provided elsewhere in these Terms) upon receipt of Avantis Systems Ltd invoice therefor and before the Equipment is collected or returned.
3.5 The charges payable under these Terms are exclusive of Value Added Tax which shall be paid by you at the rate and in the manner for the time being prescribed by law.
3.6 If any sum payable under these Terms is not paid within 7 days after the due date, then (without prejudice to Avantis Systems Ltd other rights and remedies) Avantis Systems Ltd reserves the right to charge interest on such sum on a day to day basis (as well after as before any judgment) from the date or last date for payment thereof to the date of actual payment (both dates inclusive) at the rate of 5 per cent above the base rate of HSBC Bank Plc from time to time in force compounded quarterly. Such interest shall be paid on demand by Avantis Systems Ltd. In addition Avantis Systems Ltd shall be entitled to suspend provision of the Services until such time as the payment is made.
3.7 Accidental Damage excess – in relation to each repair as a result of accidental damage, before you are entitled to the benefits in clause 2.1.2 you will have to pay the applicable Accidental Damage excess of £30, which will be paid to Avantis Systems Ltd by credit card. Avantis Systems Ltd shall not repair the Equipment if you fail to pay any applicable Accidental Damage excess.
4.1.1 any repair of the Equipment which is necessitated as a result of fair wear and tear;
4.1.2 failure or fluctuation of electric power, air conditioning, humidity control or other environmental conditions; or
4.1.3 accident, loss or damage in transit, neglect, misuse, malicious or intentional damage, abuse, contamination or default by you, your employees or agents or any third party or other external carriers; or
4.1.4 any fault in any attachments or associated equipment (whether or not supplied by Avantis Systems Ltd) which do not form part of the Equipment; or
4.1.5 act of God, terrorism risk, fire, flood, war, nuclear risk, sonic boom, act of violence, or any other similar occurrence; or
4.1.6 any attempt by any person other than Avantis Systems Ltd personnel to adjust, repair or maintain the Equipment; or
4.1.7 any head crash or failure of third party removable storage media; or
4.1.8 corrupted or conflicting software installed or as a result of a virus infection; or
4.1.9 any inoperability or compatibility issues that may arise when parts intended for one system are installed in another system of a different make or model; or
4.1.10 any fault occurring as a result of your failure to follow the manufacturer’s instructions for the use of the Equipment; or
4.1.11 damage caused by foreign objects or substances; or
4.1.12 any repair where the manufacturer’s repairer’s seal is broken on the Equipment.
4.2.1 any repair or spare part covered under any other guarantee, warranty, maintenance, rental, hire or lease agreement you may have with a third party;
4.2.2 the provision of Services on site other than at the Location (or such other location as Avantis Systems Ltd shall have approved in writing);
4.2.3 repair or renewal of expendable or consumable parts including cases, keyboards and folding covers; 4.2.4 electrical or other environmental work external to the Equipment;
4.2.5 maintenance of any attachments or associated equipment not supplied by Avantis Systems Ltd which do not form part of the Equipment; or
4.2.6 recovery or reconstruction of any data or programs lost or spoiled as a result of any breakdown of or fault in the Equipment.
5.1 Avantis Systems Ltd reserves the right to replace the whole of the Equipment or any part or parts thereof which may be found to be faulty if spare parts are unavailable or, in the sole opinion of Avantis Systems Ltd, it is not economically viable to repair the Equipment.
5.2 Avantis Systems Ltd shall at the time of any such replacement notify you in writing of the serial numbers of the replacement Equipment.
5.3 If the replacement Equipment is not equipment which is identical in all respects to the removed Equipment, Avantis Systems Ltd shall inform you in writing at the time of replacement. The replacement Equipment shall not in any event provide less than an equivalent level of performance and functionality to the removed Equipment.
5.4 Title to replacement Equipment shall become your property. The title to the removed Equipment pursuant to this clause 5 shall become the property of Avantis Systems Ltd.
5.5 These Terms shall apply to all renewals of any part or parts of the Equipment made by Avantis Systems Ltd during the Warranty Period.
5.6 Should the Equipment be replaced pursuant to this clause 5, then the extended warranty terms shall cease.
6.1 These Terms shall continue for the Warranty Period but shall be subject to earlier termination as provided elsewhere in these Terms.
7.1.1 use and take care of the Equipment and ensure that proper environmental conditions are maintained for the Equipment and shall maintain in good condition the accommodation of the Equipment, the cables and fittings associated therewith and the electricity supply thereto;
7.1.2 not make any modification to the Equipment without Avantis Systems Ltd prior written consent;
7.1.3 keep and operate the Equipment in a proper and prudent manner in accordance with the manufacturer’s operating instructions;
7.1.4 ensure that the external surfaces of the Equipment are kept clean and in good condition and shall carry out any minor maintenance recommended by the manufacturer from time to time;
7.1.5 save as aforesaid, not attempt to adjust, repair or maintain the Equipment and shall not request, permit or authorise anyone other than Avantis Systems Ltd to carry out any adjustments, repairs or maintenance of the Equipment;
7.1.6 ensure that all manufacturer’s labels (such as serial numbers) are in place, accessible and legible; registration, notification and information in order to claim your Warranty support, the Equipment must have been registered within the Registration Period and you must:-
7.1.11 promptly notify Avantis Systems Ltd, providing the Equipment type and product number/serial number and reference number on your warranty agreement, if the Equipment needs repair or is not operating correctly.
8.1 Avantis Systems Ltd shall not be liable for any delay in performing its obligations hereunder by delay in the supply to Avantis Systems Ltd of spares parts or Avantis Systems Ltd Terms and Conditions Page 2 components by their manufacturers, suppliers or agents or if any recommended spare parts are not available (otherwise than due to Avantis Systems Ltd fault).
9.1 In performing its Services in accordance with the Terms, Avantis Systems Ltd may process (albeit for diagnostic or investigative purposes only) your personal data. Avantis Systems Ltd hereby warrants to you that in such circumstances it will in respect of such personal data observe all the obligations pertaining to a data under the Data Protection Act 1998.
Neither party shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations if such delay or failure result from events, circumstances or causes beyond its reasonable control.
No variation of these Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
12.1 Avantis Systems Ltd that you have not been induced to enter into these Terms by any prior representations or warranties, whether oral or in writing, except as specifically contained in these Terms and you hereby irrevocably and unconditionally waive any right you may have to claim damages for any misrepresentation not contained in these Terms or for breach of any warranty not contained herein (unless such misrepresentation or warranty was made fraudulently) and/or to rescind these Terms.
13.1 Avantis Systems Ltd shall not be liable for any loss or damage sustained or incurred by you or any third party (including without limitation any loss of use of the Equipment or loss or corruption of your programs or data) resulting from any breakdown of or fault in the Equipment unless such breakdown or fault is caused by Avantis Systems Ltd negligence or wilful misconduct, its employees, or to the extent that such loss or damage arises from any unreasonable delay by Avantis Systems Ltd in providing the Services and then only to the extent not excluded by these Terms.
13.2 Avantis Systems Ltd shall indemnify you and keep you fully and effectively indemnified on demand against any loss of or damage to any property or injury to or death of any person caused by any negligent act or omission or wilful misconduct by Avantis Systems Ltd, its employees, agents or sub-contractors.
13.3 You shall indemnify Avantis Systems Ltd and keep Avantis Systems Ltd fully and effectively indemnified on demand against any loss of or damage to any property or injury to or death of any person caused by any negligent act or omission by you or your wilful misconduct, or that of your employees, agents or sub-contractors.
13.4 Except in respect of injury to or death of any person (for which no limit applies) Avantis Systems Ltd liability is expressly limited to the cost of repair including replacement of any hardware components of any part of the Equipment which malfunctions in conditions of normal use or the cost of replacement of the Equipment if the Equipment is not economically repairable or due to non-availability of spare parts. This limitation applies where any claim is made under this warranty or as a tort claim (including negligence), a contract claim or any other claim.
13.5 Notwithstanding anything else contained in these Terms, Avantis Systems Ltd shall not be liable to you for loss of profits or contracts or other indirect or Consequential Loss whether arising from negligence, breach of contract or howsoever.
13.6 Avantis Systems Ltd shall not be liable to you for any loss arising out of your failure to keep full and up-to-date security copies of the computer programs and data you use in accordance with best computing practice.
13.7 This limited liability gives specific legal rights. You may also have other statutory rights which are not affected by these Terms or any exclusions or limitations in them.
14.1 No forbearance, delay or indulgence by either party in enforcing the provisions of these Terms shall prejudice or restrict the rights of that party nor shall any waiver of its rights operate as a waiver of any subsequent breach and no right, power or remedy herein conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
15.1 These Terms supersede all prior agreements, arrangements and understandings between the parties and constitute the entire agreement between the parties relating to the subject matter hereof (save that neither party seeks to exclude liability for any fraudulent pre-contractual misrepresentations upon which the other party can be shown to have relied). No addition to or modification of any provision of these Terms shall be binding upon the parties unless made by a written instrument signed by a duly authorised representative of each of the parties.
16.1 This Avantis Systems Ltd warranty is personal to you and may not be assigned by you.
16.2 Avantis Systems Ltd may assign its rights and obligations under these Terms at any time by notice to you.
17.1 All notices which are required to be given hereunder shall be in writing and shall be sent to the address of the recipient set out in these Terms or such other address in England as the recipient may designate by notice given in accordance with the provisions of this clause. Any such notice may be delivered personally or by first class pre-paid letter and shall be deemed to have been served if by hand when delivered, if by first class post 48 hours after posting when despatched.
18.1.1 reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted;
18.1.2 words importing the singular include the plural, words importing any gender include every gender and words importing persons include bodies corporate and unincorporated; and (in each case) vice versa;
18.1.3 any reference to a party to these Terms includes a reference to his successors in title and permitted assigns;
18.1.4 the headings to the clauses are for ease of reference only and shall not affect the interpretation or construction of these Terms.
17.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales.
20.1 Any dispute which may arise between the parties concerning these Terms shall be determined by the courts of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales for such purpose.
21.1 Notwithstanding that the whole or any part of any provision of these Terms may prove to be illegal or unenforceable, the other provisions of these Terms and the remainder of the provision in question shall remain in full force and effect.
22.1 The parties confirm their intent not to confer any rights on any third parties by virtue of these Terms and accordingly the Contracts (Rights of Third parties) Act 1999 shall not apply to these Terms.
23.1.1 Technical Support Number: 0845 8623390, option 1.
23.1.2 Technical Support Email: firstname.lastname@example.org
23.1.2 Opening hours: 08:30 to 17:30 Monday – Friday, excluding Saturday and Sunday and UK bank holidays
23.1.3 Customer Services – Avantis Systems Ltd, Unit 21, The Glenmore Centre, Waterwells Business Park, Gloucester, GL2 2AP