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1. GUARANTEE WORK
Where the Customer requires Nikon to repair or replace any Goods under the Terms of any Guarantee or Warranty, the Customer must furnish adequate evidence to satisfy Nikon that the required repair or replacement falls within the time limit or other conditions of the Guarantee or Warranty. If the Customer fails or delays to furnish such evidence, Nikon shall be entitled to charge the Customer for repair work undertaken or for replacement.
2. ESTIMATES
a) Nikon shall be under no obligation to give the Customer an estimate before commencing to repair the Goods unless the Customer gives Nikon a written request for an estimate.
b) Where an estimate is given, Nikon may delay commencing work until the Customer gives Nikon written instructions to proceed. If it does not receive such instructions within 21 days of the date of the estimate, Nikon may return the Goods to the Customer at the Customer's expense.
c) In the event that Nikon does not repair or replace Goods for which an estimate is given, Nikon may charge for the examination and re-assembly of the goods. Nikon shall endeavour to re-assemble the Goods to the condition in which they were received but shall not be liable to the Customer for any loss or damage whatsoever resulting from its failure so to do.
3. STANDARD OF REPAIR
a) Unless otherwise agreed Nikon shall repair the Goods to the manufacturer's specification.
b) Nikon shall at its sole discretion decide:
i. the nature and method of repair
ii. the type of replacement parts to be used
ii. In the case of warranty or guarantee work, whether the Goods shall be repaired or replaced, in whole or in part. Any replacements shall be such as Nikon considers suitable and need not be identical to the Goods as delivered to Nikon.
c) Nikon may sub-contract all or part of the repair work.
4. DELAY OR CANCELLATION OF REPAIR OR REPLACEMENT
Any dates quoted by Nikon for completion of repair work, or replacement are approximate only and Nikon shall not be liable for any loss whatsoever resulting from failure to meet such dates. Nikon may postpone or cancel repair work at any time.
5. COLLECTION/DELIVERY OF THE GOODS
Any dates quoted by Nikon for completion of repair work, or replacement are approximate only and Nikon shall not be liable for any loss whatsoever resulting from failure to meet such dates. Nikon may postpone or cancel repair work at any time.
a) Unless otherwise agreed, the Customer shall collect the repaired or replaced Goods from Nikon's premises. Nikon may charge the Customer for storage if the Goods are not collected within 21 days of the date on which Nikon notifies the Customer (by post or otherwise) that the Goods are available for collection.
b) Where Nikon agrees to despatch the Goods, the method of packing and despatch of the Goods shall be at Nikon's discretion. The Goods shall be despatched at the Customer's risk and, except where the Goods are repaired or replaced under any Guarantee or Warranty, at the Customer's expense. Notification of damage must be communicated in writing to both Nikon and the Carrier within three days of delivery. Notification of non-delivery must be communicated in writing to both Nikon and the Carrier within seven days of the date of the despatch note or invoice.
6. PAYMENT
a) Payment of Nikon's charges shall be made before the Goods are removed from Nikon's premises or within 21 days of the date of notification mentioned in clause 5, whichever is earlier.
b) Customers with approved accounts with Nikon shall pay Nikon's charges by the end of the calendar month following the month during which the repair charges are invoiced.
c) Nikon reserves the right to add interest at the rate of 2% per month to the outstanding balance of overdue accounts accruing daily.
d) If the Customer shall fail to pay all sums due for the repair or replacement of the Goods and to collect the Goods within 6 months of the date of the notification mentioned in clause 5(a), Nikon may forthwith sell the Goods at such price as it in its discretion thinks fit and may retain from the proceeds of sale an amount sufficient to defray the costs of repair and/or replacement and storage and expenses incurred in attempting to trace the Customer and in arranging for the sale of the Goods. Any deficiency shall forthwith be made up by the Customer and if Nikon shall despatch any excess to the Customer's last known address it shall be under no further liability whatsoever. No interest shall be payable on any balance retained by Nikon.
7. GUARANTEE
Subject to the following limitation, Nikon undertakes to repair or replace free of charge (but otherwise upon the Conditions herein contained) any part of the Goods which, during the six months following the Goods collection by or despatch to the Customer, are found to contain defects in materials or workmanship in respect of the repair or replacement carried out by Nikon. This guarantee is limited to the part, or parts of the Goods which Nikon has repaired or replaced. This does not apply:
a) Where damage to the Goods is occasioned by accident, mishandling, the non-observance of operating instructions, or unauthorised modification or repair.
b) To those parts of the Goods with a published rate life of less than six months.
c) Where by written agreement the Goods have not been repaired to the manufacturers specification.
8. NIKON'S LIABILITY
a) Nikon shall be liable for death, personal injury or physical damage to property, but only where such death, injury or damage arises solely and directly from Nikon's negligence in repairing the Goods.
b) Except as provided in clause 7 and 8(a), Nikon shall not be liable for any costs, claims, damage, death or injury of whatsoever nature and howsoever caused relating to the Goods.
9. CUSTOMER'S WARRANTY
The Customer warrants that the Goods are his own property and are not dangerous or potentially dangerous and shall indemnify Nikon against any loss, death, injury or damage from breach of this warranty.
10. CONSTRUCTION
These conditions may not be varied except by written agreement signed by a Director or duly authorised officer of Nikon. Any reference to writing in these conditions shall include electronically recorded or transmitted material. These conditions and any agreement between Nikon and the Customer relating to the repair of the Goods shall be governed by English Law.