These Conditions apply to the Services we provide and by ordering the Services, you agree to be bound by the terms and conditions set out below. Before you order the Services, if you have any questions relating to these Conditions please contact TMT First Ltd by calling us on 0844 8111 404.
The Services comply with appropriate UK legislation and are only available to UK residents.
“Conditions” means these terms and conditions;
“Services”means the services you order under the terms of these Conditions;
“Us/our/we” means TMT First Ltd, a company registered in England and Wales under the number 5771172 with registered office located at Holditch House, Holditch Road, Newcastle under Lyme, Staffordshire, ST5 9JQ. VAT 925229733
“You/Your” means an authorised user of the Services.
A. USE OF THE SERVICES
1. Provision of the Services
1.1. We shall provide the Service in accordance with these Conditions
2. Rights and Obligations
2.1. You undertake:
2.1.1. to pay the amounts due for the Services in a timely manner;
2.1.2. that the information which you provide is true, accurate, current and complete in all respects; and
2.1.3. to notify us immediately of any changes by calling us on 0844 8111 404
2.2. We reserve the right to change or add to these Conditions from time to time.
2.3. You will be subject to the policies and Conditions in force at the time you order the Services, unless we are legally obliged to make changes to these Conditions that apply retrospectively. If this happens, these changes will apply to any orders we have not yet fulfilled when the changes took effect, even if your order was placed previously.
2.4. We will do our best to provide the Services in a timely and efficient manner but please note that any estimated time frames for the completion of the Services are estimates only and delays may incur as a result of matters outside of our reasonable control.
B. PURCHASE OF SERVICES
3.1. To order the Services, you must provide your name, phone number, address, payment details and other requested information.
3.2. Your order will be treated as an offer to purchase the Services. The contract will only be completed when we commence the provision of the Services or when we take payment from you (which includes the debiting your payment method), whichever is the earlier.
3.3. You acknowledge that any automated acknowledgement given when you place an order shall not amount to our acceptance of your offer to purchase the Services.
3.4. We may, at our own discretion, limit, restrict or reject any order you place at any time prior to the contract having been completed. Where this happens, we will attempt to contact you.
4. Price and Payment
4.1. The price of the Services shall be our quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price of which we inform you prior to commencing the Services. All prices are exclusive of VAT at current rates.
4.2. You shall provide payment for the services within an agreed time frame
4.3. If you fail to make any payment on the due date then, without prejudice to any other right or remedy we may have, we will be able to do one or more of the following:
4.3.1. cancel this agreement between you and us; and/or
4.3.2. charge you interest (before and after any judgment) on the amount unpaid, at the rate of 2% per calendar month, until payment is made in full (a part of the month being treated as a full month for the purpose of calculating interest).
4.4. You confirm that, where you pay by payment card or direct debit, the payment method that is being used is yours.
5. Right of Cancellation
5.1. You may not cancel the Services once we have started to provide any part of the Services to you with your agreement.
6. Events Beyond the Parties Reasonable Control
6.1. If either of us cannot do what we have promised because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, or acts of local or central government or other competent authorities, such party will not be liable for this.
C. Repairs Services
The terms listed below shall have the following meanings in respect of the Repairs Services:
“Equipment” means the items in relation to which you order the Repairs Services;
“Repairs Services” mean the Services ordered by you in relation to your Equipment.
14. Provision of the Repairs Services
14.1. The Repairs Services are offered in respect of all Equipment for which we accept your request to conduct the Repairs Services.
14.2. We will provide the Repairs Services with due skill and care and we will use reasonable endeavours to repair your Equipment.
15.1. We reserve the right to refuse to provide the Service if the Equipment has (without limitation) been subject to dismantling, repairs or modifications not authorised by the manufacturer or any applicable serial or IMEI number has been defaced or removed.
15.2. We shall not be required to provide (or continue to provide) the Service in situations where we discover that your Equipment is, in our reasonable opinion, beyond economical repair or where the state of the Equipment is indicative of the damage having been caused by your act or omission or that of a person authorised by you to use your Equipment (for example, without limitation, in situations where it has been damaged by abuse or your wilful neglect or where it has been damaged by water or other liquid).
15.3. Although we shall do our best to adhere to any estimated time frames for the completion of the Services, please note that any such time frames are estimates only and we delays may incur as a result of matters outside of our reasonable control, for example as a result of shortage of material.
16. Accessories and Data
16.1. Where your Equipment contains a SIM card, memory card or other accessories (together, the “Accessories”), you should keep hold of such Accessories during the provision of the Repairs Service and we cannot be held liable for any damage or loss to such accessories that you have failed to keep hold of.
16.2. You acknowledge that we may have to reset the manufacturer’s factory/default settings for your Equipment in order to carry out the Service. This might delete any data or settings held on your Equipment. Where relevant, you must make sure that you back up any important data (including but not limited to any ring tones, music, pictures, logos, contacts, documents, emails, MMS, SMS, games and software) stored on your Equipment prior to the commencement of the Repairs Services as data may be lost during the provision of the Repairs Services and we cannot accept any responsibility for such loss.
16.3. In the case of a mobile phone which has been unlocked for use on all networks, the resetting of the manufacturer’s factory/default settings may result in the mobile phone being returned to a locked status. You hereby agree that you will be responsible for any fees payable to your network operator to subsequently unlock the mobile phone.
17.1. You may be required to pay an assessment fee prior to us conducting the Repairs Services.
18.2. If we have not charged you any such assessment fee, we shall be entitled to vary the price quoted to you where additional/alternative Equipment faults are discovered. Where this happens, we shall contact you to explain the additional/alternative Equipment faults that have been discovered and how much it will cost to repair this fault.
18.3. We shall only
proceed with the Repairs Services where you notify us of acceptance of the new price quoted. Where you don’t agree to the new price, no Repairs Services shall be conducted and the Equipment will be returned to you un-repaired. Any device processed and quoted through our repair facility will be charged a handling fee of £15 per device if the quote is not accepted.
18.4. If we are required to collect and/or deliver the Equipment to you, there may be an additional charge which you will incur.
18.5. If you fail to make any payment on the due date then, without prejudice to any other right or remedy we may have, including those outlined in clause 4.3 above, we will be able to sell all or some of your Equipment to recover the unpaid amounts. We may only do so after giving you written notice that we intend to do so. If we do sell any of your Equipment and the proceeds of the sale are greater than the amounts you owe us, we will pay you any excess amount after taking off the cost of selling the Equipment. This is without prejudice to our rights under clauses 17.6 and 19.3.
19. Your Equipment
19.1. If you send the Equipment to us, you are responsible for ensuring that it arrives safely. We will not be responsible for any loss or damage suffered to the Equipment in transit to us. We therefore recommend that you send the Equipment by recorded delivery and adequately packaged to avoid damage to it. If you send the Equipment to us you must also include full written details of the problem with the Equipment.
19.2. You agree to collect the Equipment when requested to do so in a timely manner;
19.3 Any lost devices whilst in our care will be replaced with a like for like model or, at our discretion, compensated at the current market value.
19.4. If you do not collect (or arrange for delivery, where applicable) your repaired Equipment within 60 days of us notifying you that it is ready for collection, we may sell your Equipment. We may only do so after giving you written notice that we intend to do so. If we do sell any of your Equipment, we will pay you any excess amount after taking off the cost of selling the Equipment.
20. Warranties and Limitation of Liability
20.1. We warrant that all repairs undertaken by us will be free of defects in materials and workmanship for a period of 90 days starting on the date of return of the Equipment to you after completion of the Repairs Services, such warranty to be void if any warranty seals placed on the Equipment by us following the Repairs Service are broken or defaced. This warranty does not apply in relation to repairs to your Equipment carried out under the manufacturer’s warranty (in which case the manufacturer’s terms and conditions as set out in the documentation supplied with your Equipment at the time of its purchase will apply), nor does it apply to damage resulting from normal wear, accident, abnormal use, misuse, abuse, wilful neglect or exposure to water or other liquid. Materials and workmanship covered by this warranty will be repaired at no charge if they are returned to us in accordance with these terms. Where you are acting as a consumer, this warranty is in addition to your statutory rights and those rights remain unaffected.
20.2. We shall not be liable for any failure by you to follow our reasonable advice, recommendations or instructions provided during or after completion of the Repairs Services. Where we have executed repairs to your Equipment and/or any software held on your Equipment in respect of damage caused by viruses, worms, spyware, adware or Trojan Horses, we shall not be held responsible for the recurrence of the damage if you fail to follow our advice in respect of anti-virus installation.
Handling fees when warranty does not apply:
- Evidence of customer induced damage found during the repair process will mean that the warranty is void.
- Customer induced damage includes physical damage, liquid damage, unauthorised repairs and rooted devices.
- There will be a £15.00 charge to return the handset if the repair estimate is refused or the handset is diagnosed as Beyond Economical Repair.
- A £15.00 inspection fee will also be charged when a handset is Out of Warranty and no fault can be found.
All fees include VAT
Repair / Diagnostics fee of £15 is to cover postage to and from our repair centre, if the device is out of warranty a quote will be provided (minus the £15) and if it’s in warranty the repair will be carried out free of charge.
Sending Your Device In
Please do not send in any Sim cards or Memory cards. These will be destroyed and can not be returned if they are found in devices that are sent in for repair. All devices will be flashed to the latest software variant and data wiped during the repair process.You will need to back-up personal data before sending.