Terms and Conditions

These Terms and Conditions (the “Conditions”) govern the supply of repair services by Fretronics Engineering Limited, a company incorporated in Scotland with company number SC743248 and having its registered address at Unit 37, Elderpark Workspace, 100 Elderpark Street, Glasgow, G51 3TR (“Fretronics Engineering”).

You can contact us by sending an email to info@fretronics.com or calling us on +44(0)141 316 3967.

By choosing to purchase Services from Fretronics Engineering, you as the Customer confirm that you have read and agree to be bound by these Conditions.

1.                          Definitions and interpretation
   1.                     In these conditions, the following terms and expressions have the following meanings:

“Charges” means the charges payable for the Services, collection and/or delivery (where applicable) and parts (where applicable);

“Consumer” means a Customer who is purchasing the Services other than in connection with their profession, trade or craft;

“Contract” means the agreement between Fretronics Engineering and the Customer for the supply and purchase of Services incorporating these Conditions and the Customer’s Work Order;

“Customer” means the person identified as such or who otherwise agrees to purchase the Services in the Work Order;

“Equipment” means a fully assembled item of the Customer to be included in the Services;

“Excluded Services” means Equipment design, research and development, customer solutions and consultancy work;

“Fretronics Personnel” means all employees, officers, staff, other workers, agents and consultants of Fretronics Engineering, and any of their sub-contractors who are engaged in the performance of the Services from time to time;

“Initial Diagnostics” has the meaning given in clause 5.1;

“Work Order” means a written order for the Services placed by the Customer;

“Services” means the Initial Diagnostics, and/or any subsequent repair, testing and re-assembly but does not include Excluded Services;

“VAT” means value added tax under the Value Added Taxes Act 1994 or any other similar sale or fiscal tax applying to the sale of the Services; and

“Warranty Period” means 90 days from the date on which Fretronics Engineering confirms to the Customer the Services have been completed in respect of the relevant Equipment.

2.                     In these Conditions, unless the context requires otherwise:
   1.               a reference to the Contract includes these Conditions, the Work Order, and their respective schedules, appendices and annexes (if any);
   2.               any clause, schedule or other headings in these Conditions is included for convenience only and shall have no effect on the interpretation of the Conditions;
   3.               a reference to a ‘party’ includes that party’s personal representatives, successors and permitted assigns;
   4.               a reference to a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns;
   5.               a reference to a ‘company’ includes any company, corporation or other body corporate, wherever and however incorporated or established;
   6.               words in the singular include the plural and vice versa;
   7.               any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;
   8.               a reference to ‘writing’ or ‘written’ includes any method of reproducing words in a legible and non-transitory form; and
   9.               a reference to legislation is a reference to that legislation as amended, extended, re-enacted or consolidated from time to time.

2.                          Work Orders
   1.                     After a Customer places a Work Order with Fretronics Engineering, the Customer will be sent an acknowledgement confirming the Work Order has been received.  This does not mean that Fretronics Engineering has accepted a Work Order.  Any Work Order placed is an offer to purchase the Services from Fretronics Engineering on these Conditions.
   2.                     Acceptance of an Work Order takes place when the Customer is sent an email or other written communication confirming that a legally binding Contract has been formed between the Customer and Fretronics Engineering on these Conditions.
   3.                     Fretronics Engineering is not obliged to accept any Work Order.  If an Work Order is not accepted for any reason, the Customer will be notified using the contact details provided when placing the Work Order.
   4.                     All Work Orders are subject to availability of the Services and Fretronics Engineering does not guarantee that the Services will be available at all times.
3.                          Consumer-specific terms
   1.                     Only where the Customer is purchasing the Services as a Consumer, the terms of this clause 3 apply.
   2.                     The Customer has a right to cancel the Contract without giving any reason.  This right to cancel shall apply for 14 days starting on the date on which Fretronics Engineering confirms acceptance of the Work Order (the “Consumer Cancellation Period”). By submitting a Work Order the Customer expressly requests Fretronics Engineering to commence the Services during the Consumer Cancellation Period.
   3.                     To exercise this cancellation right, the Customer must inform Fretronics Engineering of its decision to cancel the Contract by providing Fretronics Engineering a clear written statement of this intention (this may be by post or email) before the Consumer Cancellation Period expires.  For these purposes the Customer may use the model cancellation form annexed to these Conditions, but this is not obligatory.
   4.                     The Customer will lose the right to cancel the Contract once the Services are fully performed and no refund will be given even if the Consumer Cancellation Period has not expired.  If the Customer cancels during the Consumer Cancellation Period and the Services have not yet been fully performed, the Customer shall be liable to pay to Fretronics Engineering an amount which is in proportion to the delivery charges incurred (where applicable) and any Initial Diagnostics and Services performed up until the time the Customer requested to cancel the Contract.  Where Fretronics Engineering has ordered parts for these purposes, the Customer will be liable to reimburse Fretronics Engineering for the costs incurred to order those parts up until the time of cancellation.
   5.                     Subject to clause 3.4, if any Services have been paid for at the time the Customer cancels the Contract during the Consumer Cancellation Period. Fretronics Engineering will reimburse to the Customer the sums received without undue delay, and in any event not later than:
      1.               14 days after the Customer collects the Equipment from Fretronics Engineering; or
      2.               If no Equipment has yet been supplied to Fretronics Engineering, 14 days after the date on which Fretronics Engineering is informed of the Customer’s decision to cancel the Contract.
   6.                     Any reimbursement given pursuant to clause 3.5 shall be made using the same form of payment the Customer used to make the original payment unless an alternative form of payment is requested.
4.                          Delivery of Equipment
   1.                     All Equipment must be provided as a single, fully-assembled unit with all components (including but not limited to cabling, screws and circuitry) intact unless agreed to otherwise by Fretronics Engineering.  Equipment must be brought to the location specified by Fretronics Engineering unless otherwise agreed in writing. Requests for Services to be undertaken at any other location will be accepted or rejected at Fretronics Engineering’s discretion, subject to Fretronics Personnel availability and on dates and times agreed between Fretronics Engineering and the Customer.
   2.                     The Customer is wholly responsible for ensuring that all Equipment is provided with full Customer contact details and a written description of the fault(s) to be repaired enclosed with the Equipment, and for appropriately and securely packaging the Equipment for transport.  Fretronics Engineering accepts no responsibility or liability for any damage to Equipment incurred during loading and unloading, transport or delivery arising in connection with the Customer’s failure to suitably package the Equipment for transport.
   3.                     Any Equipment which is provided to Fretronics Engineering will not be accepted for repair unless agreed to in writing between Fretronics Engineering and the Customer.
   4.                     Fretronics Engineering may, at its discretion, agree to pick up Equipment if requested by the Customer.  If Fretronics Engineering agrees to pick up Equipment, the Customer will be liable for additional Charges for time spent and vehicle expenses incurred during pickup.
   5.                     Fretronics Engineering will note any significant aesthetic damage to the Equipment at the time of receipt.  If any further damage is found in the course of performing the Services, Fretronics Engineering will contact the Customer as soon as is reasonably practicable after becoming aware of the same.
5.                          Initial diagnostics
   1.                     Subject to the Customer paying the Bench Fee in accordance with clause 7.4, Fretronics Engineering will undertake testing on the Equipment to aim to identify the cause of the fault(s) (the “Initial Diagnostics”).  The Initial Diagnostics include:
      1.               disassembly of the Equipment; and
      2.               first stage of diagnosis of the fault(s) identified by the Customer.
   2.                     Following the Initial Diagnostics, Fretronics Engineering shall provide a written estimate for the Services in accordance with clause 7.5.  If the Customer does not wish to proceed with the Services as quoted, Fretronics Engineering will endeavour to make the Equipment available for collection by the Customer in a similar condition as it was received, though this is not guaranteed.
6.                          Services
   1.                     Fretronics Engineering will endeavour to undertake and perform the Services within a reasonable period of time depending on the rate for Charges requested by the Customer.  Any working time estimates will be communicated to the Customer, but for the avoidance of doubt all timescales are indicative only and may be subject to change depending on the complexity of the work involved and/or availability of spare parts and/or availability of Fretronics Personnel.
   2.                     Fretronics Engineering shall use all reasonable endeavour to perform the Services and repair the Equipment faults identified by the Customer in its Work Order but for the avoidance of doubt:
      1.               Fretronics Engineering makes no warranty, express or implied, that all faults will be capable of remedy or repair;
      2.               for safety and reputational reasons, Fretronics Engineering will not undertake partial repairs; and
      3.               all mains-powered Equipment undergoes Portable Appliance Testing (“PAT”) testing to ensure it is safe for use once the Services are completed.
   3.                     Subject to clause 3, if the Customer cancels the Services before completion, Fretronics Engineering will charge the Customer for the full Services quoted for and any additional Charges incurred up to the time of cancellation.
   4.                     Fretronics Engineering will contact the Customer on completion of the Services.  Once contacted, the Customer is responsible for arranging for the collection or picking up of the Equipment.  Unless otherwise agreed to in writing by Fretronics Engineering, Equipment collections may only take place during Fretronics Engineering’s business hours, which are 9.00am to 6.00pm on Monday to Friday, excluding bank, public and national holidays in Scotland. Fretronics Engineering may at its discretion agree to arrange for delivery of the Equipment to the Customer or its nominated representative, subject to additional Charges to be determined by Fretronics Engineering, acting reasonably.  If Fretronics Engineering agrees to arrange for the delivery of Equipment, it shall not be responsible or liable for any damage or loss of Equipment in transit.
   5.                     Technical reports detailing the Services performed on the Equipment can be provided at the Customer’s request.
   6.                     Unless otherwise agreed, Equipment which is retained in Fretronics Engineering’s possession for more than 6 months from the date Fretronics Engineering confirms the completion of the Services shall incur additional Charges of £10 per week for storage backdated to the completion date until the Equipment is collected or sold in accordance with clause 6.7 below.  If not collected within 12 months, all title and right to the Equipment will pass to Fretronics Engineering and Fretronics may dispose of the Equipment as it sees fit in accordance with applicable law.
   7.                     Before disposing of the Equipment, Fretronics Engineering will make an attempt to notify the Customer of its intention by using the contact details of the Customer last made known to Fretronics Engineering and if no response is received from the Customer within 7 days after such attempt, this shall be deemed to be accepted by the Customer and Fretronics Engineering shall be absolved of all liability for the disposal of the Equipment.  If the Customer responds to Fretronics Engineering to collect the Equipment, all Charges incurred up to the point of collection shall be payable before title to Equipment passes to the Customer.
7.                          Charges
   1.                     Charges for the Services are based on a parts, labour and collection and/or delivery basis (where applicable) at Fretronics Engineering’s standard rates (as updated from time to time). All Charges are exclusive of VAT (or equivalent sales tax) which must be paid to Fretronics Engineering at the prevailing rate on receipt of a valid VAT invoice.
   2.                     The Charges for the Services may vary depending on the Customer’s request.  Fretronics Engineering’s current rates are:
      1.               £55.00 plus VAT per 60 minutes for labour (the “Standard Rate”); or
      2.               £80.00 plus VAT per 60 minutes for labour (the “Emergency Rate”).

The rate to be applied depends on the Customer’s request.  If the Customer requests the Emergency Rate, their repairs will be prioritised ahead of other items to be serviced and Fretronics Engineering will endeavour to complete the Services as soon as possible.  For the avoidance of doubt, payment of the Emergency Rate does not guarantee completion of the Services within a set timescale, and all Services whether charged at the Standard Rate or Emergency Rate are subject to factors beyond Fretronics Engineering’s reasonable control, including but not limited to availability of parts required to complete the Services and the time required to order the required parts.  Fretronics Engineering shall not be liable to the Customer for any delays to Services attributable to circumstances beyond its reasonable control.

3.                     Fretronics reserves the right to change its hourly rates for the Services at any time without notice.  This will not impact on any Services in progress at the time the change takes effect.
4.                     Before the Services commence a minimum deposit per piece of Equipment is required to be paid (the “Bench Fee”).  The Bench Fee covers the Initial Diagnostics and shall be applied as the applicable rate for Charges charged at 60 minutes or 30 minutes, depending on the Equipment and the complexity of the disassembly and diagnosis and determined by Fretronics Engineering at its discretion.
5.                     Following Initial Diagnostics, Fretronics Engineering will provide to the Customer a written estimate for the Services. Quotations and estimates are issued subject to the price and availability of parts and the time involved to complete the Services. All quotations and estimates are invitations to treat only and are not legally binding on Fretronics Engineering to provide the Services unless and until the Customer communicates its written acceptance of the same.  Fretronics Engineering reserves the right to increase the Charges based on changes to complexity of the Services or additional work required to complete the Services identified as the Services progress.
6.                     All estimates issued shall be valid from one month from the date stated on the written estimate.  If not accepted within this timescale, these will be deemed rejected by the Customer.
7.                     In accordance with clause 6.2.2, Fretronics Engineering will PAT test all mains-powered Equipment and for all Equipment, may undertake additional repairs to repair problems not identified by the Customer to ensure that the Equipment is repaired to a safe operational standard.  PAT testing will incur additional Charges of £5 per PAT test performed.  Additional repairs required may involve the ordering of parts required to repair the Equipment to a safe operational standard by Fretronics Engineering. By entering into the Contract the Customer acknowledges and accepts that where spare parts are required to be ordered to repair the Equipment, the costs for such parts and associated delivery costs will be passed onto the Customer as additional Charges.  Fretronics Engineering may require advance payment for any spare parts and shall notify the Customer of the same, where required.
8.                     Any Services requested to be performed at any site other than Fretronics Engineering’s premises shall be subject to an advance payment of 50% of the estimated Charges at the agreed rate prior to the Services commencing.

8.                          Payment
   1.                     The Bench Fee must be paid by the Customer on delivery of the Equipment or prior to collection by Fretronics Engineering, its nominated representative or courier (as applicable).
   2.                     The Customer must pay in full and cleared funds within the payment terms specified on the relevant invoice to the bank account specified on the invoice or otherwise notified by Fretronics Engineering as the account to received.
   3.                     Fretronics Engineering reserves the right to charge interest on overdue sums at a rate of [5%] above the base rate of the Bank of Scotland plc from time to time in force.
   4.                     Unless otherwise agreed by Fretronics Engineering, payment must be received in full before the Customer is able to collect the Equipment or Fretronics Engineering delivers possession of the Equipment to the Customer’s nominated representative or courier.
9.                          Authorised servicing

Fretronics Engineering is an authorised service provider for repairs of certain manufacturers’ equipment under the applicable manufacturer’s warranty.  Where it is agreed your Equipment is to be repaired under a manufacturer’s warranty, management of the Contract and Services will be dealt with between Fretronics Engineering and the applicable manufacturer.  If a manufacturer’s warranty only covers parts or labour, any part of the Services not included under the warranty will be charged to Customer.  The Customer will be responsible for supplying and collecting the Equipment and paying the Charges for any aspects of the Services which are not paid for by the manufacturer under the warranty.

10.                       Warranty and guarantee
    1.                 Subject to clause 10.2, all Services carried out on Equipment are under warranty for defects in workmanship or repairs during the Warranty Period. For the avoidance of doubt the Warranty Period begins from the date we confirm the completion of the repair to the Customer, not when the Equipment is collected.
    2.                 The following are excluded from the warranty:
       1.           any Equipment faults which have not been previously communicated by the Customer;
       2.           any components which are not provided as part of single, fully-assembled piece of Equipment;
       3.           any Equipment which shows signs of water or liquid damage;
       4.           new Equipment faults which develop during the Warranty Period;
       5.           faults arising due to previous work or repair on the Equipment;
       6.           faults arising due to damage to the Equipment during transport or delivery;
       7.           faults due to normal wear and tear;
       8.           faults due to failure to maintain and upkeep Equipment in accordance with the manufacturer’s instructions;
       9.           damage due to misuse of the Equipment;
       10.       faults arising due to third party work undertaken on the Equipment;
       11.       faults of or caused by parts supplied by the Customer;
       12.       faults in third party components sourced and fitted by Fretronics Engineering, which will be subject to the manufacturer’s guarantee.
    3.                 As the Customer’s sole and exclusive remedy, Fretronics Engineering shall, at its option, remedy, refund or re-perform the Services that do not comply with the warranty, provided that:
       1.           the Customer notifies Fretronics Engineering of the relevant defects before the expiry of the Warranty Period;
       2.           the relevant defects are not excluded from the warranty for any of the reasons stated in clause 10.2;
       3.           Fretronics Engineering is given a reasonable opportunity to examine the claim of the defective Services.
    4.                 If following an examination of the Equipment covered under the warranty, Fretronics Engineering, acting reasonably, considers that the warranty does not apply to the fault(s) identified, it will notify the Customer of the same and provide an estimate for the Services required to repair the defect(s).  Any Services carried on by Fretronics Engineering following such notification will be subject to these Conditions and any applicable Charges.
11.                       Liability 
    1.                 In each case subject to clause 11.6:
       1.           if the Customer is a Consumer, Fretronics Engineering’s liability to the Customer shall be as stated in clauses 11.2 and 11.3; and
       2.           for Customers who are not Consumers, clause 11.4 and 11.5 shall apply.
    2.                 If Fretronics Engineering breaches these Conditions or is negligent, it is liable to the Customer for foreseeable loss or damage suffered as a result.  “Foreseeable” for these purposes means that at the time the Contract was entered into, it was clear that such loss or damage would occur to the Customer or both Fretronics Engineering and the Customer both knew it might occur as a result of Fretronics Engineering’s actions or omissions.
    3.                 Fretronics Engineering is not liable for any loss or damage that was not foreseeable, any loss or damage which was not caused by its breach or negligence, or any loss or damage to the Customer’s business.
    4.                 Fretronics Engineering’s liability under or in connection with the Contract (regardless of whether such liability arises in delict, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the Charges paid for the Services under the Contract.
    5.                 Fretronics Engineering shall not be liable to the Customer under or in connection with the Contract for any consequential, indirect or special losses, including but not limited to loss of profit, loss of opportunity, loss of savings, discount or rebate or harm to reputation or loss of goodwill.
    6.                 Nothing in these Conditions shall limit or exclude Fretronics Engineering’s liability for:
       1.           death or personal injury caused by negligence;
       2.           fraud or fraudulent misrepresentation; or
       3.           any other losses which cannot be excluded or limited by applicable law.
12.                       Zero Tolerance policy

Fretronics Engineering and Fretronics Personnel aim to be polite and helpful to all customers. If the Customer is abusive or threatening towards Fretronics Personnel, including but not limited to issuing physical or verbal threats, using derogatory language towards Fretronics Personnel, being racist, sexist or ableist towards Fretronics Personnel or making unfounded accusations against Fretronics Engineering or Fretronics Personnel, Fretronics Engineering reserves the right to terminate the Contract and the Customer will be liable for all Charges incurred up to the time of termination.  Fretronics Engineering will contact the Customer to make arrangements for the return of the Equipment.  If such abuse or threatening behaviour continues, Fretronics Engineering will inform the police.

13.                       General
    1.                 The Customer is responsible for ensuring its contact details are up-to-date and that Fretronics Engineering is notified of any changes to the same.  Fretronics Engineering is not responsible for any losses incurred by the Customer for its failure to notify Fretronics Engineering of any changes to its contact details.
    2.                 Any Excluded Services are not included within the scope of these Conditions and require a separate contract to be entered into between the Customer and Fretronics Engineering.  If you want to engage Fretronics Engineering for such services, please contact us using the details found at the start of these Conditions.
    3.                 The Customer may not transfer any of its rights or obligations under the Contract to anyone without Fretronics Engineering’s prior written consent. Fretronics Engineering reserves the right to transfer its rights and obligations under the Contract to any third party without the Customer’s consent.
    4.                 If any provision of these Conditions is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Conditions will not be affected.
    5.                 If the Customer is not a Consumer, no variation of these Conditions shall be binding unless expressly agreed to in writing by Fretronics Engineering.
    6.                 If the Customer is not a Consumer, the Contract constitutes the entire agreement between Fretronics Engineering and the Customer in relation to its subject matter.  The Customer acknowledges that it has not entered into the Contract in reliance on any representation or warranty that is not expressly set out in these Conditions and it shall have no claim for innocent or negligent misrepresentation on the basis of any statement in these Conditions.
    7.                 All Customer personal data will be handled in accordance with Fretronics Engineering’s Privacy Policy, which can be found at https://www.fretronics.com/privacy-policy/.
    8.                 Fretronics Engineering reserves the right to update these Conditions from time to time without notice.
    9.                 These Conditions are governed by and shall be construed in accordance with the laws of Scotland.  Any action, claim, proceedings or dispute arising out of or in connection with these Conditions shall be subject to exclusive jurisdiction of the courts of Scotland.