Terms & Conditions
Eldar Ltd Definitions and interpretation
In these Terms and Conditions the following words have the meanings given:
“Business Day” means any day other than a Saturday, Sunday or a public or bank holiday in England, Wales, Scotland or Northern Ireland;
”Contract” means a contract for the purchase by the Customer of Products or Services from Eldar Ltd incorporating these terms and conditions and arising from the acceptance by Eldar Ltd of an Order;
”Customer” means the person, firm or company ordering Products or Services;
”Default” shall mean any breach by either party of its obligations under a Contract, any default, act, omission, negligence or statement by either party, its employees, agents or sub-contractors arising out of or in connection with a Contract and in respect of which either party may be legally liable;
“Diagnostic Service(s)” means the examining of broken appliance(s) with the aim of determining how to perform Repair of the appliance(s);
“Order” means any written order for Products and/or Services, received by Eldar Ltd from the Customer;
“Price” means the price payable for the Products and/or Services as specified in the Booking Form or Purchase Order and payable in accordance with the terms of this Agreement;
“Products” means any item listed for online sale and/or provided by Eldar Ltd directly to the Customer or as sub-contractor of the Customer to end-users in conjunction with the supply of Services and Products;
“Purchase Order” is the Customer’s purchase order for the Products offered by Eldar Ltd;
“Repair(s)” means the mending of broken appliance(s) with the aim of putting it back into working order.
“Services” means any Repair or Diagnostic Service provided by Repair Aid London directly to the Customer or as sub-contractor of the Customer to end-users in conjunction with the supply of Services and Products;
“Website” means the site on https://eldarltd.co.uk/
Contract Formation
All Orders submitted by the Customer to Eldar Ltd and accepted by Eldar Ltd shall be subject to the following Terms and Conditions which shall form part of and govern any Contract. Usage of any service or receiving any estimate or quotation for any Products and/or Services by the Customer and issued by Eldar Ltd – by phone or in writing including by email – shall be deemed acceptance of these terms and conditions.
Date, time, location, price and method of payment for all Repairs and/or Diagnostic Services need to be agreed upon booking the chosen service.
Cancellations and re-scheduling
Any booking of Repairs and/or Diagnostic Services can be cancelled free of charge not later than 24 hours prior to the appointed time slot.
Cancellations with notification shorter than 24 hours will be accepted but subject to a £ 20.00 charge.
In case that a booking of Repairs and/or Diagnostic Services has been confirmed, and a Eldar Ltd engineer is at the Customer’s address within the agreed time slot but no access to the premises is provided the Customer will be liable for a £ 20.00 Travel Expenses Fee.
The Eldar Ltd engineer will make every effort to be at the previously agreed address within the booked time slot to provide the Services requested by the Customer. If by any unforeseen circumstances the engineer cannot be at the Customer’s premises within the time slot booked, the engineer or another Eldar Ltd employee will contact the Customer on the contact telephone number(s) provided. In such case the Customer can
- reschedule the visit for another available time slot on the same date; or
- agree on another date and time; or
- cancel the appointment free of charge.
Access
The Customer shall provide safe and sufficient access for installation or removal of any appliance. Eldar Ltd will take care to install or remove appliances without damage to flooring or adjacent fittings, but Eldar Ltd cannot be liable for any such damage unless it was due to negligence. Eldar Ltd will endeavour to notify the Client if we believe insufficient access is available and the Client may cancel the Contract if the Client does not wish to take the risk of damage to the surrounding area. Also, if the Customer’s appliance cannot be easily accessed to facilitate the Eldar Ltd reserves the right to abort the Repair. The Customer will in both such cases be liable for minimum a £ 20.00 Travel Expenses Fee.
Delivery of Products and Services
Eldar Ltd is able to repair most domestic appliances. However, the manufacturer, appliance type, model and age will have a major influence on whether replacement part(s) can be obtained and ultimately whether the repair can be completed. When a specific appliance is no longer made the manufacturer will only stock replacement parts for a given period.
Once in the Customer’s premises the Eldar Ltd engineer will provide the Diagnostic Services on the appliance covered by the Booking Confirmation and repair the appliance. Upon completion of the Repairs and/or Diagnostic Services the Customer must pay the Eldar Ltd engineer the price confirmed in the Booking Confirmation.
In case that during the visit and/or delivery of the Repairs and/or Diagnostic Services the Eldar Ltd engineer locates faulty part(s) that need(s) to be replaced:
- and the part(s) can be replaced during the visit (available as part of the Eldar Ltd engineer’s dedicated spare Products kit), upon price agreement and Customer’s approval the repair will be carried out immediately on-site. The Customer must agree to pay to the Eldar Ltd engineer the Price of all agreed Diagnostic Services, Repairs and charges for part(s).
- and the engineer is technically unable to repair the appliance (e.g., because the part needed is not available), the Customer must agree to pay to the Eldar Ltd engineer the Price for the Diagnostic Services provided. Upon payment and Customer’s confirmation for the spare part Order the Eldar Ltd engineer will send a report to Eldar Ltd head office including a request for the spare part needed. Availability, price and delivery time will be confirmed with the Customer over the telephone by a Eldar Ltd employee. If the Customer on this basis approves the details mentioned above the Order is placed. The part is tested in the Eldar Ltd workshop upon delivery. A new suitable time and date for the Repair visit is agreed with the customer. Upon completion the appliance is tested and once confirmed that it operates normally the Customer agrees to pay the fixed labour as well as the charge for the spare part ordered.
If the Customer does not accept the Price for the Products offered by Eldar Ltd the Customer can purchase the part from any other supplier and then agree on a time and date for a Repair service visit with Eldar Ltd. Eldar Ltd will carry out the Services and test the appliance upon completion. The Customer must agree to pay to the Eldar Ltd engineer the previously agreed fixed labour charge amount.
In case that during the visit and/or delivery of the Repairs and/or Diagnostic Services the fault of the appliance is found to be as a result of misuse, neglect or poor installation or, the appliance type or fault is not as described originally Eldar Ltd reserves the right to charge the Customer the full labour rate.
You pay only for the Diagnostic Services, if Eldar Ltd is unable to obtain spare parts from our suppliers to conduct the Repair of the appliance, so that Eldar Ltd is unable to Repair your appliance.
Price
All quoted prices are exclusive of VAT, and VAT will be added to the Price if applicable. Cost of Products required to carry out a successful repair will be extra and are not included in the labour charge quoted. The duration of an on-site Repair / Diagnostic Service visit does not affect the labour charge applied. Eldar Ltd labour charge is fixed for all Repairs / Diagnostic Services and is per appliance.
Should the appliance repair require the simultaneous services of two or more Eldar Ltd engineers for, e.g., repairs to a tumble dryer which is stacked on top of a washing machine, a supplemental fee will apply in addition to any other charges.
Payment
The Customer agrees that payment for Products and Services is non-refundable and Products or equipment fitted or supplied will be replaced only if found faulty and/or covered by the manufacturer’s warranty.
If a required part is a special Order or of a large cost Eldar Ltd may ask the Customer to pay for the part before an Order for the required part is placed.
If payment is not received by the relevant due date Eldar Ltd may charge the Customer Interest on any overdue amount interest may only be charge at no more than 3% per annum above the Bank of England Base Rate from the due date of payment to the date of actual payment (both dates inclusive).
All payments made by the Customer to Eldar Ltd shall be in pound sterling in immediately available funds free and clear of any right of set off or counter claim or any withholding or deduction whatsoever.
The Customer agrees to make all payments due under the Contract irrespective of any dispute or claim the Customer may have with or against any third party.
Warranties
All Products and Services provided by Eldar Ltd or a Local Contractor as defined below come with 12 months warranty starting from the date the Repair / Diagnostic Service is completed. The warranty is valid only for Products/part(s) fitted by Eldar Ltd or a Local Contractor and Repairs / Diagnostic services undertaken by Eldar Ltd or a Local Contractor.
Our guarantee does not cover:
- Any subsequent unrelated faults / breakdown to the appliance.
- Faults caused by accident, negligence, misuse (use not in accordance with manufacturers’ instructions).
- Cosmetic damage, e.g., scratched door or cracked facia, etc.
- Indirect loss, e.g., food loss, damage to property, loss of earnings, etc.
- Repair services provided to appliances in commercial environments, e.g., offices, laundrette, etc.
It also becomes invalid if the appliance has been moved to an address other than the Address or within the Address or if the appliance has been repaired, serviced, or spare parts installed or purchased by/from anyone other than Eldar Ltd or a repairer or Local Contractor acting on our behalf, since our last visit.
Eldar Ltd, to the extent that it is permitted to do so, hereby assigns the benefit of any guarantee or warranty covering any defects in Products received by Eldar Ltd under an agreement with the manufacturer or supplier of the relevant Product. The warranty service (if any) will in such cases be that provided by the manufacturer and any validation procedures relating to that warranty service are the responsibility of the Customer.
Eldar Ltd may in its discretion offer support or maintenance services with respect to Products or Services.
The warranty of the manufacturer or supplier is in lieu of all other terms or conditions whether express or implied concerning the quality or fitness for purpose of Products and all such other terms and conditions are hereby excluded.
The Eldar Ltd Network
A Eldar Ltd engineer may not always attend your Repair. In an instance when this happens a local engineer (“Local Contractor”) of the Eldar Ltd Network will attend and this will be specified in the Booking Confirmation. The Local Contractor is fully vetted by us. Regardless of who attends this will not affect the labour charge or any of the Terms and Conditions except that the Local Contractor is responsible instead of Eldar Ltd for the warranties specified above.
Liability
Any damage of appliance or surrounding areas caused by an Eldar Ltd engineer must be reported to the Eldar Ltd engineer as defined below within a reasonable time.
Eldar Ltd shall not be liable for any claims regarding the functioning of the equipment serviced, the Services or Products delivered and/or installed outside of the warranty period nor for any fault(s) caused by but not limited to Customer’s negligence, lack of knowledge or misuse of the appliance.
Eldar Ltd shall not be liable for any claims regarding delayed deliveries of Products and/or parts or inability of a Eldar Ltd supplier to provide part(s) ordered by the Customer.
Eldar Ltd liability of any kind with respect to the Services, including any negligence or delay in delivery of the Services, or loss of equipment, shall be limited to the Price for the services.
Whilst Eldar Ltd will undertake the service with all reasonable care and skill and any claim resulting from a breach of contract or negligence will only be for any reasonably foreseeable financial losses suffered as a result of the services offered and work undertaken.
While Eldar Ltd will make every effort to preserve the integrity of any equipment under repair, the Customer agrees not to hold Eldar Ltd responsible for any accidental damages to the equipment in its possession including but not limited to surface scratches, deformations
and cracks.
Eldar Ltd accepts no responsibility for loss or damage which may arise from reliance on information or advice contained in the Website and shall not be liable for any typographical or other errors or emissions within the material contained in the Website.
The Website includes links to external web sites. These links are provided to help the Customer and Website users find additional information quickly and easily. Eldar Ltd accepts no responsibility for the content of these links and external web sites.
Variations
Eldar Ltd reserves the right to modify these terms and conditions at any time and without notice. Any such changes will take effect when posted on the Website and it will apply to all Services and Products provided by Eldar Ltd.
Waiver
The waiver by either party of a breach or Default of any of the provisions of the Contract by either party shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder operates as a waiver of any breach or Default by either party.
Complaints, law and dispute resolution
If the Customer has complaints the Customer should always at first instance call Eldar Ltd in order for us to try to resolve the Customer’s complaints as quickly as possible. Failing this the Customer should email us on eldarservice@aol.com or write to us at Eldar Ltd, 145, St James St, Burnley BB11 1PD, 01282 936005 / 01282 936004, eldarservice@aol.com
The Contract shall be governed by, and construed in accordance with, English law and the parties submit to the exclusive jurisdiction of the English courts.