TERMS AND CONDITIONS

1. Restart Computers will make every possible effort to preserve their customers’ data, however they make no guarantees whatsoever that data will be intact after the computer(s) have been repaired and tested. The customer agrees not to hold Restart Computers responsible for any loss or damage to data as a result of repairs, upgrades or any other services carried out on their computer(s) or network.

2. Onsite visits benefit from a no-fix no-fee policy if the engineer is technically unable to resolve the reported problem. If Restart Computers technician(s) can’t fix the problem on-site due to external dependencies such as faulty equipment or no internet service by BT or any other Internet Service Provider or lack of original disks or drivers, the customer is liable to pay the minimum standard charge agreed at the time of booking. If at least one of the original problems reported by the customer is fixed by the on-site technician, the customer is liable to pay the full price agreed at the time of booking.

3. Workshop repairs benefit from a no-fix no-fee policy if Restart Computers is unable to fix the original reported problem but where the fix is possible by replacement of a faulty part or parts and the customer does not agree to the replacement of the faulty part, Restart Computers reserves the right to charge the Customer a diagnostic fee of £50 + VAT. If the fix of the computer(s) is not possible by replacement of the faulty part(s) and/or as a result of extensive damage to the equipment, it is declared irreparable by Restart Computers technicians, no-fix no-fee policy will apply. Where several faults are reported by the customer and at least one of the faults has been successfully repaired, the Customer is liable to pay the full amount agreed at the time of booking. No-fix no-fee does not apply to partially repaired computer(s).

4 If Restart Computers is unable to repair the computer(s) due to non-supply of parts by manufacturers or suppliers, a diagnostics fee of £55 + VAT may apply to any computer(s) under repair. The diagnostics fee will cover the time spent on fault diagnosis and re-assembly of the computer(s) and cost of collection and return of the computer(s) if applicable. The return of the customer’s computer(s) will be subject to prior payment of diagnostics fee and carriage if applicable. We may waive the diagnostics fee at our discretion.

5 If the customer’s computer develops a fault in the course of service delivery by Restart Computers on-site or off-site, the customer agrees not to hold Restart Computers responsible for the fault. However, Restart Computers will do its best to remedy the problem at no cost to customer(s) unless parts are required.

6 All computers repaired in Restart Computers workshops are checked for viruses and are free from viruses before delivery to the customer. Restart Computers is not responsible for any virus infections that occur after the customer has received the computer(s). A charge will apply for the removal of any virus(es) in the computer(s) after the delivery of the computer(s).

7 All the customer’s computers once repaired or declared irreparable, must be accepted back by the customer within 14 days from the time the customer is informed. If the customer refuses to accept the repaired or unrepaired computer, we reserve the right to charge the customer for storage at a rate of £3 a day until the passage of a maximum of 8 weeks. The customer must accept the return of the computer within 8 weeks, otherwise the computer will be recycled for parts and the customer will lose ownership of the computer.

8 Where the Customer requires Restart Computers to carry out any configuration or installation services either for the Customer and /or the end-user, Restart Computers shall do so as subcontractor to the Customer and this agreement and the terms contained herein shall constitute the sub-contract.

9 Restart Computers will use all reasonable endeavours to provide computer services in accordance with the terms of the Contract and will ensure that all the Services are provided with all reasonable care and skill and by suitably trained and qualified persons.

LIABILITY

1 Restart Computers shall a) not be liable for any claims regarding the physical functioning of the equipment/media or the condition or existence of data stored on the media supplied before, during or after services; b) In no event will Restart Computers be liable for any loss of data or loss of revenue or profits or before, during or after services even if Restart Computers has been advised of the possibility of damages or loss to persons or property.

2 Restart Computers liability of any kind with respect to the services, including any negligence or delay in delivery of service on its part, or loss of equipment or media, shall be limited to the quoted price for the services.

3 The Customer must be aware of the inherent risks of damage to media or equipment that is involved when undergoing data recovery or computer repairs, including without limitation, risks due to destruction or damage to the media or equipment and/or data stored and inability to recover data, or inaccurate or incomplete data recovery, including those that may result from the negligence of Restart Computers. The customer agrees not to hold Restart Computers responsible for any damage or loss of equipment or media or data loss. In case of any damage or loss to the original media or equipment, the liability of Restart Computers shall be limited to providing the customer with similar media or equipment of comparable price or capacity.

4 The maximum aggregate liability of Restart Computers to the Customer whether in contract, tort or otherwise for any direct loss or damage including to tangible property suffered by the Customer as a result of any default of Restart Computers shall be limited in aggregate to the lesser of £1000 or an amount equal to the sums paid by the Customer under the Contract during the preceding 12 months.

5 Restart Computers shall not be liable to the Customer whether in contract, tort or otherwise and even if foreseeable by or in the contemplation of Restart Computers for: (a) any loss of profits, business, revenue, goodwill or anticipated savings, whether sustained by the Customer or any other person; or (b) any special, indirect, or consequential loss whether sustained by the Customer or any other person.

6 Any advice or recommendations given to the Customer by Restart Computers or its employees or agents as to storage, application, use or preference of the goods which is not confirmed in writing by Restart Computers, is followed or acted upon entirely at the Customer’s own risk and accordingly Restart Computers shall not be liable for any such advice or recommendation which is not so confirmed.

7 While Restart Computers will make every effort to preserve the integrity of any equipment under repair, the Customer agrees not to hold Restart Computers responsible for any accidental damages to the equipment in its possession including but not limited to surface scratches, deformations and cracks.

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