TERMS AND CONDITIONS          [HOME]

Timothy Batchelar (hereinafter called the ‘Firm’) of 28 Colbert Drive Leicester LE3 2JB (hereinafter called the ‘Premises’) accepts Musical Instruments (as hereinafter defined) for repair, for examination with a view to estimating for repairs, for storing or pending sale or for any other purpose, only and subject to the following terms and conditions (in addition to any conditions stated on the face hereof):-

1)(i) Estimates are effective only for 14 days after despatch. If instructions are not received from a customer (in response to an estimate rendered) within 14 days from dispatch of the estimate, the Firm may change its usual storage rates from the date the Musical Instrument was received until its collection. (Note: - The Firm does not as a general rule make any such charge for the storing pending instructions, if the repairs are ultimately carried out by the Firm and duly paid for.)
(ii) Offers made by the Firm to purchase a Musical Instrument or accessory or any other goods whether in writing, orally or in any other form whatsoever shall be deemed to have lapsed if not accepted by the offeree within 24 hours of the offer having been made.
2) (i) All estimates by the Firm are based on the current cost to the Firm of labour, materials and spare parts at the date of estimate and in the event of any variation occurring before or after acceptance the Firm may if it thinks fit require the Customer to pay on completion of the work any increase due to such variation.
(ii) If no price is stated or if part only of the work covered by the estimate is carried out the Firm shall be entitled to charge a reasonable and proper price for the work done (including any stripping down leading to determination as to the practicability or otherwise of any work and reassembly) and for materials and spare parts supplied. (iii) If in the opinion of the Firm it is impractical for any reason to carry out any of the work it has been instructed to carry out it shall be entitled to refrain from carrying out or completing such work (notwithstanding that an estimate may have been given therefore) and to carry out only such work as in the opinion of the Firm may be practicable.
3) Variation of any kind in the estimate, or the scope of the repair, or the prices chargeable, or otherwise howsoever, shall be subject to all these conditions, and so that any such variation shall not be deemed to constitute or create a new or separate contract, and the original contract shall remain in force, but as so varied. No act of commission or omission by the Firm in relation to any Musical Instrument shall constitute a ‘deviation from the contact’, nor shall any such act disentitle the Firm to the benefit of any of these Conditions.
4) Every endeavour will be made to carry out the work by the time desired, but the Firm shall not be liable for any delay howsoever occasioned and this not withstanding that a definite date for completion may be specified.
5) Any work done or goods supplied in relation to a Musical Instrument, by the order of any person in the Customer’s employ, or by any person who is reasonably believed to be acting as the Customer’s agent, or by the order of any person to whom the Firm is entitled to make delivery of the Musical Instrument, shall be paid for by the Customer.
6) Payment for all repairs and/or parts or accessories supplied is due on completion of work, but the Firm may demand a deposit before commencing or in the course of any work. A repair is completed for the purpose of these conditions when notice has been given that the Musical Instrument is ready for collection.
7) The Firm shall have a general lien on a Musical Instrument and all its accessories for all monies owing to the Firm by the Customer on any account whatsoever. The Firm shall be entitled to charge storage rent during any period in which the Musical Instrument is retained by virtue of the lien.
8) If the Customer’s indebtedness to the Firm is not satisfied within three months from the first account rendered to the Customer, the Firm may without notice, sell the Musical Instrument and/or the accessories thereof by public auction or private treaty. The net proceeds of the sale shall be applied towards satisfying monies due from the Customer to the Firm, and any balance shall be paid by the Firm to the Customer on demand.
9) Where in any case a person who, so far as the Firm is aware, has the authority to collect the Musical Instrument, collects the same, the Firm shall not be responsible to the Customer for any loss or damage resulting, on the grounds that such person had in fact no such authority, and this notwithstanding that delivery may have been made without payment of the Firm’s account. It shall not be obligatory upon the Firm to seek confirmation of the authority of any person reasonably believed to be then, or to have been at some time connected with the Customer.
10) If a Musical Instrument is not collected, and the Firm’s charges are not paid within 24 hours after the due date of collection of the Musical Instrument, the Firm may charge its current storage rent at £5 a day in respect of the Musical Instrument from the due date of collection of  the Musical Instrument until collection or disposal under Section 8 hereof or as the case may be.
11)  In connection with any inspection, or contemplated repair, or other purposes for which a Musical Instrument is accepted by the Firm, testing, taking the Musical Instrument for other opinions, demonstrations or repairs or to other specialists,  etc., the Customer is deemed, unless express notice in writing is given to the contrary, to have authorised the movement of the Musical Instrument out of the Premises to any other place whatsoever, by any mode of transport whatsoever and by any person whatsoever. The Customer shall be responsible for arranging adequate Musical Instrument insurance against al l risks in connection with any Musical Instrument accepted by the Firm for any purpose whatsoever.
12) The Customer shall be entitled to the benefit of any warranty to which the Firm is entitled as against the manufacturer of parts and materials supplied or any sub-contractor. In the unlikely event of a replaced part failing due to incorrect fitment or the part itself being faulty, the Firm offers the added reassurance of free parts and labour for replacement within 1 month commencing from the date of original fitment. This must be carried out by the Firm. Your statutory rights are not affected
13) All parts removed from the Musical Instrument by the Firm in the course of repair or otherwise shall, if not claimed by the Customer within 3 months of the Musical Instrument having been left with the Firm for any purpose whatsoever be deemed to be wholly abandoned to the Firm and they shall become the Firm’s absolute property accordingly.
14) Any notice to the customer sent to his last known postal address, e-mail address or mobile phone number shall be good notice.
15) Save where the context forbids, the expression ‘Musical Instrument’ wherever used in these Conditions includes violin, viola, cello, double bass, viol or other classical bowed stringed instrument and as a separate unit or otherwise, stringed instrument bow, case, strings and each and every component of a bowed stringed instrument.
16) No alteration or qualification of these printed terms and conditions shall be effective unless in writing, signed on behalf of the Firm by a Partner or a duly authorised officer of the Firm. No other person has any authority to alter or qualify in any way the above printed conditions or to enter into any contract for repair for any of the purposes set out in the preamble above on behalf of the Firm otherwise than on such conditions.
17) Data Protection Act 1998.Any data collected within the Firm will not be disclosed to any external sources without your express written consent.
18) If  Musical Instruments are available to be taken on approval or loan they may be offered on the understanding that customers are responsible, and will take reasonable precautions for, their safe keeping and unless otherwise agreed in writing will arrange adequate musical instrument insurance against all risks in respect of those Musical Instruments.
19) PAYMENT : (i) Unless other terms of payment have been mutually agreed in advance, all work must be paid for on collection, delivery, or within 30 days by prior agreement in writing in cash or by cheque, guaranteed by a valid bank card or by Barclaycard, Switch, Visa, etc. or where evidence of acceptance is displayed. (ii) The risk in the goods shall pass to the purchaser on delivery. Ownership of the goods shall not pass to the purchaser until the purchase price has been paid to the seller and any cheque or other negotiable security has been honoured.
20) Customers have the right to cancel work at any time. If such cancellation is prior to work commencing then no charge is made. If work has been started then costs will only include the labour for the work carried out up to the time of cancellation. The Firm will wherever possible minimise the total costs to the customer, however parts ordered, obtained or used that cannot be cancelled, returned or resold together with any handling charges and any other direct costs that have been incurred will be charged to the customer.

DISCLAIMER NOTICE

The Firm disclaims all responsibility for any loss or damage to any personal property howsoever caused, whether occurring on these premises or elsewhere, or when in transit to or from these premises, including the loss or damage to property caused by his negligence, or that of his servants or agents except where such disclaimer is contrary to the provisions of the Unfair Contract Terms Act 1977.

Customers are strongly advised to remove all items of value not connected with the Musical Instrument when leaving it on the Firm’s premises.                     [HOME]