1.1 DETAILS OF COVER
Micromode Medical Limited t/a CACI International having its principal office at 514 Centennial Avenue, Centennial Park, Elstree, Hertfordshire WD6 3FG (hereinafter called the Company) hereby agrees that in the event of Failure of the Equipment supplied to the Customer (hereinafter called the Customer) will repair or replace the Equipment under Extended Warranty subject to the Terms & Conditions hereinafter, which conditions are to be read and taken as part of this Agreement.
1.2 EXTENT OF COVER
The Extended Warranty is applicable to UK Mainland only and covers the cost of materials, parts and labour to remedy any Failure of the Equipment (excluding Attachments as per Disclaimer 5.10) caused by fair wear and tear through normal operation. In instances where no fault is found or where Failure is not covered under the terms of this Extended Warranty, the customer shall be responsible for an Administration charge of £50 plus VAT and the cost of any parts, labour and carriage charges necessary to remedy the Failure.
1.3 COVER PERIOD
1.4 RETURN TO BASE EQUIPMENT REPAIRS
In the event the Company determines it is necessary for the Equipment to be returned to its Repair Service Centre, it will arrange at its cost (UK Mainland only) for its appointed carriers to collect the Equipment from the Customer. If a Failure is identified, the Company will remedy the Failure, and at its cost arrange for the Equipment to be returned back to the Customer. The Company will supply the Customer with a Returns Authorisation Form (RAF) and, if required, the Company will provide suitable packaging for the Equipment being returned. The RAF must be enclosed with the Equipment being returned. The Customer is responsible for ensuring the Equipment is adequately and securely packaged for transit. This Extended Warranty will not cover any damage caused to the Equipment during transit as a result of Inadequate Packaging by the Customer. Where Loan Cover has been purchased, the Customer will be supplied with a temporary loan machine to use (subject to the Terms & Conditions set out) whilst the Equipment is with the Company.
1.5 AUTO-RENEWAL OF EXTENDED WARRANTY
At the end of the Extended Warranty cover period specified on the Warranty Schedule, the cover will automatically be renewed on the same basis for a further 12 month period at the prevailing price at renewal date.
The Company will issue details of the charges in advance of the new period commencement.
Where the Customer pays monthly by Direct Debit, a payment schedule will also be issued, and The Company will continue to collect payments using the existing bank details.
Where the customer has paid in advance for their existing Extended Warranty, full payment must be made prior to the date of the expiry of the existing cover period in order to ensure continuity of cover.
In the event that The Customer does not wish the Warranty period to extend beyond the current Cover Period, then the Customer must give not less than 30 days written notice to the Company prior to the end of the Extended Warranty cover period. The Customer remains liable for all payments due in relation to the current Cover Period.
2. TERMS & CONDITIONS
Meaning of Words and Phrases
Wherever these words and phrases appear in the Warranty Agreement, they will always have the following meanings:
2.1) You, Your - The Customer under the Agreement.
2.2) We, Our, Us - Micromode Medical Ltd or any company to whom our rights under the Agreement are assigned.
2.3) Agreement - This Extended Warranty including these Terms and Conditions.
2.4) Equipment - The Equipment meaning specific Machine Type and Serial Number as described on the Warranty Schedule or our Original Sales Invoice, but limited to the following models: Synergy, Ultimate, Ultra, Sculpt, Quantum, Classic.
2.5) Approved Engineer - A qualified engineer approved by the Company to repair Equipment.
2.6) Failure - Actual or apparent breakdown or faulty workings of the Equipment arising from a mechanical, electrical or software breakdown, faulty materials or manufacturing defect.
2.7) The Company - Micromode Medical Ltd t/a CACI International of 514 Centennial Avenue, Centennial Park, Elstree, Hertfordshire WD6 3FG or any Company to whom our rights under this Agreement are assigned.
2.8) The Customer - The individual or company who owns the Equipment.
2.9) Cover Period - 12 or 24 months commencing from the date specified on the Warranty Schedule.
2.10) Inadequate Packaging - Where the Customer has failed to use the packaging supplied by the Company. Where the packaging is not securely sealed with appropriate tape. Where the internal protection material supplied by the Company to prevent damage from impact during transit is not correctly used by the Customer. Where the Customer’s own packaging is not of sufficient durability to adequately protect the Equipment from damage during transit.
2.11) Equipment Manuals - The System and Training manuals detailing the correct operation and treatment procedures for the Equipment and Attachments as available on the Company website.
2.12) Attachment - Any item(s) supplied with the Equipment (excluding Consumables) that Plugs into or attaches to the Equipment, including but not limited to Probes, Handsets, Leads, Roller Bars.
2.13) Consumables - Any items that are consumed and/or disposed of as part of the Equipment’s treatment process or maintenance procedures, including but not limited to all skin care products, masks, conductivity boosters, self-adhesive pads, disposable abrasion tips.
2.14) Working Days - Monday, Tuesday, Wednesday, Thursday, Friday (excluding public holidays and the period between December 27th and 31st) 9:00 am to 5:30 pm.
2.15) Next Day Courier Service A delivery arranged to take place on the next working day (UK mainland only) as defined by the delivery terms and conditions of the elected courier company. A next day service may not be available for areas designated by the elected courier company as remote areas and in any event cannot be guaranteed.
2.16) Renewal date - The day immediately following the Extended Warranty Cover Period specified on the Warranty Schedule.
This Agreement shall be governed by English law. This Agreement is not transferable.
4.1) If the Customer has purchased Loan Cover (only available at the time of Equipment or Extended Warranty purchase), then:
Where the Company has been unable to remedy an Equipment Failure and has determined it necessary for the Equipment to be returned to its Repair Service Centre, the Customer will be supplied with a temporary loan machine to use whilst the Equipment is with the Company. The temporary loan machine will be despatched to the Customer via a Next Day Courier Service on the working day following the Equipment Failure being reported.
4.2) The temporary loan machine shall at all times remain the property of the Company. The Customer shall be responsible for the temporary loan machine whilst it is in their possession and shall have adequate insurance in place to cover the machine against loss or damage for a value of no less than the Company’s current standard sales price.
4.3) The temporary loan machine must be made available for collection by the Company or its appointed agents or representatives on demand. For each calendar day the temporary loan machine is not made available for collection, the Customer will be liable to pay the Company a daily rate of £50 + VAT.
4.4) If the Customer does not make the temporary loan machine available for collection for a period exceeding 14 calendar days, the Customer shall be liable for the full monetary value of the machine at is current standard sales price and will no longer have the option to return the temporary loan machine.
4.5) If the temporary loan machine is not returned in complete and proper working order in the same condition as it was supplied, then the Customer will be liable for the costs of making good.
5.1) This Extended Warranty does not apply to Failure caused by wilful act, neglect or misuse of the Equipment or by not following routine cleaning and maintenance procedures or any other extraneous cause.
5.2) Damage to the Equipment or breakdown caused by negligence, accident or failure to operate the appliance in accordance with the Equipment Manuals, or by a person that has not been certified by the company or one of its authorized international distributors as competent to use the equipment is not covered by this Extended Warranty Agreement.
5.3) This Extended Warranty shall become void if any of the components therein have been damaged or tampered with by the unauthorised opening of the unit and the attempting of repairs, or the use of any components which have not been purchased from the Company directly.
5.4) All repairs must be carried out by the Company’s own Approved Engineer and all unauthorised repairs shall render this Agreement void.
5.5) The Company shall not be liable for any injury, loss or damage direct or consequential, anticipated profits, loss of time or earnings, or any other losses arising out of the use or inability to use the Equipment.
5.6) The Extended Warranty may be suspended should the Customer be in breach of the Company’s Terms of Credit or Trading Terms. Where the Extended Warranty is taken with a Direct Debit payment method, the Customer’s payment obligations at all times are for the full total price of the 12 or 24 month warranty specified on the Warranty Schedule. Where payment is in default (including failed direct debit collection), the remaining outstanding balance will become immediately payable in full. The Company reserves the right to suspend the Extended Warranty until the outstanding balance has been settled.
5.7) The Company will not undertake to repair any Equipment returned without a Returns Authorisation Form (RAF).
5.8) Except in the event of death or personal injury, the company’s financial liability at all times will be limited to a maximum of the Invoice value of Equipment supplied.
5.9) The Extended Warranty does not cover any obsolete parts or parts which are no longer available for sale. If parts are no longer available and/or a repair cannot be performed, then our liability shall be limited to a refund of the warranty payments received for the current 12 month period (provided no warranty claims have been made in that period).
5.10) This Extended Warranty does not apply to Attachments. Attachments carry a Warranty of 6 months from the date of their purchase, with the exception of the Orbital Abrader, which is covered for a period of 12 months.
5.11) Where Warranty cover on the Equipment has lapsed and the Customer purchases an Extended Warranty, the Customer shall be excluded from making any claims under the Extended Warranty for a period of two (2) months from the commencement date of the Extended Warranty. Repairs carried out during the two month exclusion period will be discounted by 10%.