Terms & Conditions
Please Read These Terms & Conditions Carefully:
All Orders / Repairs Are On The Basis Of Your Acceptance Of This Document
1: Definitions
1.1: “The Company”/ “Us”, refers to: Retro Leisure (Midlands) Ltd.
1.2: “The Customer”/ ”You”, refers to the person, partnership, Limited Company, or other legal entity, who agrees to services being provided by the Company.
1.3: “Goods” means all items/parts to be sold by the Company to the Customer.
1.4: “Services” means all services, including repairs, provided by the company to the Customer.
1.5: “The Conditions” refers to the terms and conditions of the Company’s operations, set out in this document and any special terms and conditions agreed in writing by a Director, or other member of the company’s management team, acting for and on behalf of the Company.
1.6: Agreement of any work to be carried out by the Company shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
1.7: This Agreement shall commence from the date you agree to the provision of a service or a repair and shall continue until your Goods have left our premises, and we have received any payment due from you.
2: Enforceability
2.1: In the event of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in full force and effect.
3: Estimate / Deposits
3.1: Unless specifically agreed in writing, all work is agreed on an estimate basis, the length of time to complete the work cannot be guaranteed
3.2: Any estimate is based on the costs of labour and materials relevant at this date and the Company reserves the right to alter the charges to meet any variations, whether due to increase in wages (controlled by national agreements), materials or increased cost from any other cause outside of the Companies reasonable control.
3.3: Should any additional work or materials be found necessary in the course of these repairs or subsequent testing, it may be necessary to make an extra charge. If any additional work involves a substantial increase in the amount estimated, a supplementary estimate will be submitted for acceptance.
3.4: The company may refuse to carry out all, or part of any work for any reason whether or not an estimate has been provided.
3.5: We do not accept responsibility for any progression in damage where your Goods have been repaired elsewhere, or any issues which were not evident upon initial inspection. Should any issues become evident, we will contact you.
4: Artwork / Painting
4.1: Where new artwork/painting is required and the structure is found to be faulty, every reasonable precaution will be taken to prevent this impacting on the final result, but no guarantee can be given in this respect. If partial artwork/paintwork only is required, every endeavour will be made to match the existing colour schemes, but no guarantee can be given of a perfect colour match.
4.2: All artwork is bespoken and is classed as a ‘Special Order’.
5: Goods Supplied
5.1: Where the service includes the provision of Goods, the Company reserves the right to impose a handling charge on goods returned for credit, that have been correctly supplied to order.
5.2: All ‘Special Orders’ correctly supplied and of satisfactory quality will not be accepted for credit.
5.3: Goods supplied that are of satisfactory quality will not be accepted for credit more than 7 working days from the date of issue of an invoice.
5.4: All claims or queries pertaining to an invoice must be made within 7 working days of issue of an invoice quoting the invoice and job number.
5.5: In the event of cancellation, for any reason, the customer agrees to cover all outstanding costs.
5.6: The title in any goods/services shall pass when payment has been received by the Company (and all cheques/bankers drafts cleared) and not on delivery.
5.7: If a pricing error has occurred, or an incorrect description, we will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price/correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price/ correct description, we will cancel your order and refund any monies paid.
5.8: By using a credit/debit card or Paypal to pay for your order or purchase, you confirm that the card/ account being used is yours or that you are authorised to use it.
5.9: If you are a trade customer:
5.9.1::You are responsible for all orders placed by your employees and for any purchases made on cards issued to you.
5.9.2:We are not bound by any individual order limit you may impose on your employees.
5.9.3: You may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim, which you may have, or allege to have.
5.9.4: We shall be entitled at all times to set off any debt or claim which we may have against you against any sums due from us to you.
6: Amendments to Order
6.1: Any variation agreed between the Company and the Customer regarding the Goods to be supplied shall be deemed to be an amendment to this Contract and shall not constitute a new contract.
7: Replacement Parts
7.1: The Company shall obtain the Customer’s express permission to repair or to fit repaired items where new parts quoted for are unavailable or not obtained within a reasonable time.
7.2: Any work carried out by the Company at the request of the Buyer, will be at the Buyer’s risk from the point of completion of work, to the Buyer’s satisfaction in spite of delivery. Title of any parts fitted shall not pass from the Company to Buyer until all relevant and outstanding invoices have been paid in full and at such a time that no other sums whatsoever are due from the Buyer to the Company.
7.3: Any additional work will need to be authorised by the customer due to the Goods being on site and the customer not. We will accept authorisation over the telephone and confirmed by email.
7.4: All parts removed by the Company in the course of the repair shall, if not claimed by the Customer within 24 hours after the completion of the repair be deemed to be owned by the Company and they shall become the Company’s absolute property. Parts returned are subject to a handling charge. Parts specially ordered are not returnable.
8: Delivery
8.1: Every effort will be made to provide the Goods and/or Services by the estimated time, but the Company shall not be liable for any delay in completing the Goods and/or Services..
8.2: Risk passes on collection. The Company will not be held liable for any delay caused by outside influences i.e. goods not delivered in time, sent incorrectly or sub-contractor work.
8.3: It is recommended customers arrange their own delivery/collection. If arranged by the company a handling charge of £20 per journey will be added on top of the delivery charged by the courier.
8.4: Deliveries can only be accepted during normal working hours (9am – 4.30pm, Monday to Friday)
8.5: The company is not responsible for any damage occurred after the Goods have left our premises. The customer will be provided with evidence of the condition of the Goods before they leave the premises.
8.6: Due to health and safety and to avoid any property damage, items can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements to transport the Goods to their final location. We will not provide any unpacking, installation, fitting or waste removal services upon delivery unless otherwise agreed by us in writing.
8.7: You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 30 days of the failed delivery. Unless delivery fails as a result of circumstances beyond your reasonable control, the cost of any re-delivery shall be borne by you.
8.8: Ownership of the Goods shall not pass to you until you have paid the price for the goods in full and, where other sums payable to us from you are overdue, you have paid those sums too. Until title in the goods passes from us to you, you shall:
8.8.1: Not be entitled to use the goods;
8.8.2: You must safely hold the goods for us;
8.8.3: You must return the goods to us immediately if we ask you to:
8.8.4: You will be liable to us for any loss, damage or destruction of the goods.
8.8.5: Until title in the goods passes from us to you, :
8.8.5.1: You shall store the goods at your own cost separately from all other goods in your possession
8.8.5.2: You must mark the Goods in such a way that they are clearly identified as our property.
8.8.5.3: You grant us an irrevocable license to enter, any of your premises for the purpose of inspecting or repossessing the Goods.
9: Payment
9.1: Payment of the price shall be due at point of collection/completion of repairs, unless otherwise agreed, in writing, with the Company. Payment time as agreed with the customer.
9.2: The Company may demand a deposit of 10% before commencing any work
9.3: Payment for all Goods and/or Services, repairs and/or spare parts supplied are due on completion of work.
9.4: All Goods and/or Services shall remain the absolute and unencumbered property of the Company until such time as the Company has received cleared payment in full from the Customer in respect of such Goods and/or Services.
9.5: The Company shall have a general lien on all of the Customer’s Goods and all of their contents for all monies owing to the Company by the Customer on any account whatsoever.
9.6: The Company shall be entitled to reasonable storage charges during any period in which the Goods are retained by virtue of the lien.
9.7: If the Customer’s indebtedness to the Company is not satisfied within 30 days from the date of the first invoice to the Customer, or time agreed, the Company may without notice sell any Goods owned by the Customer thereof by public auction or private treaty. The net proceeds of the sale shall be applied towards the satisfying monies due from the Customer to the Company, and any balance shall be paid by the Company to the Customer on demand
9.8: We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.
10: Warranties
10.1: The term of Warranty will be set in writing at the time of agreement
10.2: The Company will, without prejudice to its right hereunder, correct all faults in goods or services carried out by the Company and occurring by reason of the Company’s default or negligence and shown to be such to the Company’s satisfaction.
10.3: The Company’s obligations under the contract shall be mitigated or removed if any defect is caused or worsened by any of the following:-
10.3.1: Failure to notify the Company of the defect.
10.3.2: Failure to afford the Company opportunity to rectify the problem.
10.3.3: Subjecting the goods to misuse, negligence, incorrect servicing, unauthorised repair, modification, or reconfiguring
10.3.4: Installation of a part into the goods not approved by either the manufacturer or the Company, or altering them in a way not approved by either the manufacturer or the Company.
10.3.5: Failure to adhere to maintenance instructions regarding the care, treatment or upkeep of the goods, or in failing to have servicing and preventative maintenance carried out as recommended by either the manufacturer or the Company.
10.4: For used items or components that are no longer supported by the manufacturer and are considered obsolete, we can offer no warranty or guarantee other than they will function correctly on delivery, you must satisfy yourself of this on acceptance, if issues are found contact us immediately to discuss and resolve the issue.
10.5: Goods made to a customer’s specification are ‘Bespoke items’ and are covered by a differing set of guarantee and warranty rules. We will only build the item to your written specification; a verbal order is insufficient to form a contract between us. Any variation you require from the agreed specification must be accompanied by a written ‘variation order’ and accepted by us before work can continue. Implementation of variation orders may affect the price agreed and alterations to the price must be agreed in writing by you. We reserve the right to refuse bespoke work if it creates an unsafe situation, is of an obscene nature, or contravenes local or national laws.
10.6: Goods are intended for use in the UK only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. Mains powered items are intended for use on a UK public supply (220 to 240 V 50 Hz AC sinusoidal) only, as provided by your local service provider in the UK.
10.7: All goods are sold in accordance with the Goods specifications and are subject to any qualifications, representations or instructions contained in any documentation associated with the goods.
10.8: We will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless from and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.
10.9: Your statutory rights are not affected.
11: Disputes procedure and Jurisdiction
11.1: Any and all contracts entered into between the Company and the Buyer shall be governed by the laws of England and Wales and all disputes arising out of any contract between the Company and the Buyer shall be subject to the exclusive jurisdiction of the courts of England and Wales. In the event that the Buyer is dissatisfied with any repair or service carried out by the Company, the Buyer should first make contact with the Company in order to try and resolve the matter. The Company has a complaints procedure in place.- It also complies with the Data Protection Act.
11.2: Nothing in this clause shall apply so as to limit or exclude our liability for:
11.2.1: Death or personal injury resulting from our negligence;
11.2.2: Breach of any terms implied by statute;
11.2.3: Any claim arising under the Consumer Protection Act 1987;
11.2.4: Fraudulent misrepresentation.
11.3: In no circumstance shall we be liable to you for any indirect, special or consequential loss arising out of or in connection with this Agreement, including any loss of business, revenue, profits, anticipated saving, goodwill or any other indirect or consequential loss or damage of whatsoever nature howsoever arising.
11.4: We shall not be liable for any claim arising under this Agreement unless you give us written notice of the claim within three months of becoming aware of the circumstances giving rise to the claim or, if earlier, three months from the time you ought reasonably to have become aware of such circumstances.
11.5: In the event of a complaint or dispute of any kind the Customer should follow the following complaints handling procedure:
11.5.1: All formal/written complaints relating to the Company, its staff or services must be brought to the attention of a Director of the Company.
11,5,2: An investigation of the complaint will be carried out by a Director on behalf the Company.
11.5.3: A Director, on behalf of the Company, will provide a written response to the complainant with his/her findings within 3 working days. Should further time be required for the investigation, the complainant will be contacted before the end of the third working day with a progress update explaining the reasons for the time extension. The investigation must be completed by the end of the fifth working day since the last contact with the complainant.
11.5.4: Once the investigation has been completed, a letter/e-mail will be sent to the complainant explaining the Company’s position. The letter/e-mail will explain the details of the investigation including factual details of the findings. The letter/email will summarise the Company’s position regarding the outcome of the investigation.
11.5.5: If the Company has not received feedback from the complainant following the outcome of the letter/email within one calendar month, the Company will assume that the matter has been fully resolved.
11.5.6: All complaints’ records will be stored electronically and/or on hard copy in a secure folder.
11.5.7: Where the Customer’s complaint cannot be resolved, once the Customer has exhausted the Company’s internal process the Customer may refer the dispute to ADR at the National Conciliation Service. During this time you will not post detrimental remarks on any social media or other communication channel.
11.5.8: Following a satisfactory resolution you will not post detrimental remarks on any social media or other communication channel.
12: Late Payment
12.1: Interest on debt shall accrue from the date of the invoice, unless a written agreement is in place between the Company and Buyer giving an agreed payment period. Interest will accrue from day to day, until the date of payment, at the statutory rate (8% above the base rate of the Bank of England applicable on the date the debt becomes due). Interest will accrue until settlement is reached or until any Court Judgment is made.
12.2: In the event that any invoice is not paid on, or before, its due date, then all sums due and owing to the Company from the Buyer shall become immediately payable and subject to clause 12.1 above.
12.3: The Company shall be entitled to recover from the Buyer all administrative, collection and legal costs incurred by it in recovering overdue amounts and all sums that become immediately payable under. clause 12.2 above.
12.4: Without prejudice to any of the Company’s other rights, the Company may, in the event that any sum is not paid, on or before its due date, suspend the service it provides to the Buyer. Any parts, or equipment, provided to the Buyer by the Company remain the property of the Company until all amounts owed are paid.
13: Bankruptcy / Insolvency of Customer
13.1: If the Customer shall become bankrupt or insolvent or make any agreements with the creditors or allow a Receiver of their effects to be appointed or being a body corporate enter into liquidation, the Company shall have the right to terminate any agreement with the Customer subject to these conditions and henceforth cease to have any further obligation under the contract. In these circumstances the price for all the services rendered and goods supplied shall immediately become payable.
13.2: We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation, hereunder or you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you..
14: Storage Charges
14.1: If, following the completion of services the Customer’s Goods(s) are left at the Company’s premises then the Company reserves the right to make a reasonable daily charge for the storage of the Goods.
15: Data Protection
15.1: We ask for your name and address and the other details so that we can notify you when your Goods have been repaired and provide you with an efficient after-sales service.
15.2: The Company will hold the information shown on the invoice for sales, service and warranty purposes as Data Controllers. This information will not be passed to any third party organisations unless legal obliged to do so.
15.3: All the agreements between the Company and the Customer are personal to the Customer. The Customer may not assign his rights or liabilities to any third party by any means.
16: Distance Selling Regulations
16.1: Where the Customer is acting as a Consumer, if this Agreement has been conducted without any face to face contact between the Company and the Customer, or anyone acting on each party’s respective behalf, the Customer has the right to cancel this Agreement without giving any reason. The cancellation period will expire 14 days from the day on which the Customer first instructs the Company to carry out the service and no service can be performed within this period unless the Customer expressly requests in writing the Company to do so.
16.2: To exercise the right to cancel, the Customer must inform the Company of their decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post, or email).
16.3: If the Customer requests any service to be provided during the 14 day period then they will lose the right to cancel this Agreement. The Customer shall pay the Company an amount which is in proportion to that service performed until they communicated their cancellation of the Agreement.
16.4: If the Customer cancels this Agreement, the Company will reimburse to the Customer all payments received from the Customer under this Agreement, without undue delay, and not later than:- 14 days after the date on which the Company receives any Goods back; (if earlier) 14 days after the day the Customer provides evidence that the Customer has returned any Goods; if there were no Goods supplied, 14 days after the day on which the Company are informed about the Customer’s decision to cancel this Agreement.
16.5: The Company will make the reimbursement using the same means of payment as the Customer has used for the initial transaction, unless the Customer has expressly agreed otherwise, but in any event the Customer will not incur any fees as a result of the reimbursement.
16.6: The Company may withhold reimbursement until the Company has received any Goods back. The Customer should send back any Goods or deliver them back to the Company, without undue delay and in any event not later than 14 days after the day on which the Customer communicates cancellation of this Agreement to the Company.
16.7: This deadline is met if the Customer sends back any Goods before the period of 14 days has expired. The Company will require that the Customer bears the cost of returning any Goods to the Company.
17: Return of Goods/Parts Supplied
17.1: The Customer must take reasonable care of any Goods whilst they are in the Customer’s possession. The Customer will be responsible for any loss or damage from when they are delivered to the Customer until and when they are returned to the Company.
17.2: The Customer is liable for any diminished value of any Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.
17.3 All goods are sold with a return to base warranty unless alternative arrangements have been made with the company. this means you are responsible for returning any faulty good to our workshop.
18: Website Terms & Conditions
18.1: We may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You should review the agreement periodically to be aware of such modifications and your continued use of the site shall be deemed your conclusive acceptance of the modified agreement
18.2: By continuing to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use
18.2.1: The content of the pages of this website is for your general information and use only. It is subject to change without notice.
18.2.2: Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
18.2.3: Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
18.2.4: This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics.
18.2.5 All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
18.2.6: Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
18.2.7: From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
18.3: Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.
19: Copyright & Licenses:
19.1: The entire contents of the Site are protected by international copyright and trademark laws.
19.2: You may not modify, copy, reproduce, upload, post, transmit or distribute, in any manner, the material on the site, including text, graphics, code and/or software.
19.3: Any software transferred or installed on any Goods are intended for domestic or home use only, unless proof of licence is available. Any alternative software to the original may not support all of the features of the original machine and hardware, for example : Reaction to your input via the controls may be different
19.4: We do hold a license to repair gambling machines.
20: Indemnification:
20.1: You agree to indemnify, defend and hold harmless The Company, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
21: Events Beyond Our Control
21.1: We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, viruses (software), viruses (epidemic), accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports.
22: Disposal of Electrical and Electronic Equipment
22.1: The WEEE regulations (January 2013) ensure that the amount of waste on certain electrical and electronic equipment is reduced, separated from household waste, collected separately and ultimately disposed of in a sound environmental manner (recycled and recovered). You agree that the collection, recovery/treatment and disposal of non-household Electrical or Electronic Equipment purchased from us will be your responsibility.
22.2: A disposal fee will be levied against any Customer who does not dispose of any items that require special WEEE disposal.
23: Other
23.1 Local taxes, regulations, restrictions and import duties. The customer shall be solely responsible for compliance and payment of local regulations or taxes and their legal ramifications.
32.2 Machine / item collection. Unless specifically ordered and paid for by the customer, the courier will operate a ‘kerbside collection ‘at the exterior of a ground floor location, the customer will be expected to have the item ready and packaged as manufacturers instructions for the courier at the agreed time. All cables and accessories will be included within the machine, the keys will be cable tied securely to the outside of the machine in a visible position.
23.3 Contamination and infestation. The customer is responsible for any contamination of their machine. We expect dust and grit accumulation inside the machine to occur in normal use, however, if the machine is soiled with mud etc, we would expect the customer to remove the mud etc. before dispatch.
Infestation by woodworm or other insect life should be treated before dispatch as should mould growth. If we find evidence of woodworm or mould, we will inform you of the presence, an additional charge will be made for treatment.
If the machine has been subjected to contaminated water immersion, in a flood for instance, we should be informed as special pre transport precautions may need to be enacted to protect the courier and ourselves from the contamination.
24: Site Visits to the customer’s premises
- Charges: our charge structure for site visits has 3 components.
24.1.2: Hourly charge that commences from the time our staff leave RLML base, until they return.
24.1.2: Mileage, based on the round trip.
24.1.3: Materials used for the repair or alteration requested.
24.2 Work required. We rely entirely on the customer’s report of the fault or work required to enable us to have all the parts at hand necessary for the work. We will liaise with you on this, but we rely on your perception of the work needed to be correct and accurate.
24.3 Safety and security. The customer is responsible for the safety and security of our staff while on the customer’s premises.
