Sea Dragon Design Ltd Terms and Conditions

Sea Dragon Design Ltd. Trading as Shepway Computers. Reg No.9459646

Please Take the time to read our terms and conditions. Adhering to our terms & conditions will/shall enable smooth transactions and correction(s) in the event of things going wrong.
Please note that purchasing goods from us and/or having work carried out by us means you are agreeing to our terms and conditions.
1. DEFINITIONS 
"We" and "Us" refers to Sea Dragon Design Ltd and shall be interpreted accordingly.
"You" means the customer, their employees or agents seeking to purchase goods from us and shall be interpreted accordingly. 
"The goods" means new, used & refurbished goods and parts or accessories to be supplied by us. 
"Customer" means the party having the right to enforce the supply by Sea Dragon Design Ltd Repairs of goods. 
"Contract" means a contract under the terms of which home computer repair is liable to supply goods. 
"Additional Features" means removable and interchangeable items on products.
Nothing contained in these terms and conditions shall affect your Statutory Rights in Law.
 
2. THE CONTRACT 
All orders are accepted by us only under these Terms & Conditions of Business that may not be altered other than with our prior written agreement. 
Quotations are invitations only and are to be treated as thus. 
Orders once instructed to us may not be suspended or cancelled without our prior consent in writing. We shall not be liable for any misrepresentation made by us, our employees or agents to you as to the nature of suitability of the condition of the goods unless the representation is made or confirmed in writing by us. 
Except when goods are supplied on our express advice given in writing that they are suitable for any particular purpose, it shall not be a term of a contract that goods are sold as fit for any particular purpose and this is notwithstanding that we may have, or be deemed to have, knowledge of the purpose for which the goods are required. 
When a term of a quotation or any other express term of a contract is found to be in conflict with any one or more of these General Conditions of Business, the terms of the quotation or the other express term of the Contract as the case may be shall unless the context otherwise requires, prevail. 
 
3. SERVICES 
The contract will be made when your authorized representative has instructed us verbally or in writing to undertake the repair services.
If you do not accept a quotation we reserve the right to make a fault analysis and handling charge. Equipment must be collected within 14 days of notification of completion unless otherwise agreed. Items not collected within this time may be disposed of without further notice.  
We reserve the right to replace the whole or any parts or accessories of the equipment and to use new, second user, or reconditioned parts. 
Quoted times are always expressed in working days, which for the purpose of this agreement shall mean Monday to Fridays, excluding UK bank or other public holidays.
Repair times are subject to parts availability. 
 
4. GOODS 
A Contract for the supply of goods shall not come into existence until we receive an order or written instruction from you accepting our quotation and these terms and conditions of business. 
Unless agreed by us in writing and endorsed on our consignment note, goods are not supplied on a sale or return or trial basis. 
It is the Customers responsibility to check the compatibility of the goods being ordered. We do not accept any responsibility for incorrect items being purchased or any damage caused as a result. To the same effect any items that are incompatible and returned will not be refunded. 
If on arrival items are found to be faulty then we shall replace or refund the said item as long as the conditions in this contract have been met. 
Goods ordered may come with additional features which may need to be interchanged for the laptop model. These additional features when received with an item are deemed as an uncharged extra and if they are incorrect for the laptop model the item will not be classed as faulty. 
 
5. DATA 
We do not undertake to erase any data from any hard drive of an item being repaired as part of the repair service.
Data backup and restoration services are at the customer's risk, we accept no liability for lost or missing data. You accept that by authorizing us to carry out a repair or recovery that you give us unreserved access to your data/files. We will take all necessary steps to keep your data safe and comply with the Data Protection Act (DPA) 1998.
Whilst we take reasonable care to ensure that the intellectual property rights of third parties are preserved we give no warranty as to the intellectual property rights of any software application packages that may accompany the goods. You must make regular backups and in any case back up before sending for repair. Although we do our best to protect and save your data Sea Dragon Design Ltd will not be held responsible for any data loss while your computer is in our possession.
We do not correct software defects nor load or reload software applications. You are strongly recommended to adopt and implement comprehensive back up procedures as we will not be liable for any damages whatsoever whether direct or indirect (including any liability to any third party) resulting from the loss of or damage to data of software application occurring as a result of the repair or handling service whether such loss or damage is caused by our negligence or otherwise.
Rectification of design faults is not covered by this agreement. 
 
6. PRICE
The price of the goods shall be as stated or quoted and includes the cost of parts and VAT. Delivery is charged independently of the goods cost. 
 
7. PAYMENT 
Goods and/or equipment will not be released until we are in receipt of cleared funds for all sums due to us.
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 for any reason whatsoever. 
 
8. DELIVERY 
When we are required to deliver goods we shall have the sole discretion as to the mode of transport to be adopted. 
When the goods or equipment are delivered to the address/delivery point specified by you the risk of the goods or equipment shall pass to you on delivery. 
Delivery dates are given in good faith but are estimated times only. Times for delivery shall not be of the essence of the contract. 
We shall not be liable for any damages whatsoever whether direct or indirect (including for the avoidance of doubt any liability to any third party resulting from any delay by us in delivery of the goods or failure to deliver the goods in a reasonable time whether such a delay or failure is caused by our negligence). 
 
9. RECEIPT AND RETURN OF ITEM(S) TO THE CUSTOMER(S) 
Signature of the carrier's delivery note indicates that the goods have been delivered and accepted in good condition 
Any damages/loss must be reported to us within 24 hours of receipt of delivery. The original packaging must be retained with the article until further instructions are provided. Please be aware that if the consignment has been signed stating that the delivery was received in good condition we will be unable to uphold any claim(s). 
You shall inspect the goods and/or equipment at the place and time of unloading. 
Our liability for short goods delivery is limited to making good the shortage. We shall not be liable for any damages whatsoever for short goods delivered howsoever caused and you remain liable to pay the full invoice price of all goods delivered or available for delivery. 
Unless you retain and make available for inspection the goods and/or equipment and their packaging we will not be liable for any loss or damage in transit.
Items left with us and unclaimed after 14 days will be disposed of unless arrangement has been made otherwise.
 
10. WARRANTY 
All work undertaken by Sea Dragon Design Ltd has a 30 day warrantee. If the same fault arises within this period please contact us and a repair service will be offered free of charge. The 30 day work warrantee covers labour only. New parts will have a full 12 months manufacturers warrantee and re-conditioned parts will have a 30 day warrantee. 
The liability of us under our warranty in relation to goods shall be subject to the goods having been used and maintained wholly in accordance with the manufacturer's instructions and to their not having been repaired or altered other than by us. 
Missing parts, physical damage, modification, attempted dismantling and/or misuse shall void the original warranty.  Also removal of the Sea Dragon Design Ltd warrantee sticker will also void the warrantee.
We will replace any item where our warranty is confirmed as valid at no extra cost to the customer, apart from RTB handling. Any warranty claim that cannot be replaced may be replaced with an equivalent replacement or an alternative refund will be offered. 
We cannot be held accountable for any issues that have occurred to the device after it has left our premises unless the issue is direcelty related to the problem we have been assigned to resolve.
 
11. TITLE OF PROPERTY AND RISK 
The title to the goods shall remain with us until you pay all sums owing to us whether in respect of this contract or otherwise. We reserve the right to sell such goods if invoices or services remain unpaid after sixty (60) days. Outstanding invoices and any other costs incurred to recover said services or invoices will be due in full. The risk in goods supplied by us shall pass to the customer on delivery of the goods to or to the order of the customer in accordance with the terms of the contract. 
We shall be entitled to recover the price of the goods including VAT even though the property in any of the goods remains with us. 
When payment for goods is overdue or the customer suffers distress or execution to be levied against his or its effects, makes an arrangement or composition with creditors or, being a corporate body, enters into liquidation (otherwise than for the purpose of amalgamating or reconstruction where the corporate body, as amalgamated, accepts in full the customer's liability of pay for the goods), or has a receiver appointed for the whole or any part of its undertaking or, being an individual, has a receiving order in bankruptcy made against him, then: 
a) If the customer remains in possession of the goods, whether or not the customer has sold them we shall be entitled to recover the goods from the customer or 
b) If the customer has parted with possession of the goods by way of sale, whether or not the goods have been mixed with or incorporated into other goods, the customer having sold them as fiduciary bailee, shall hold in trust for us so much of the proceeds of sale of the goods as represents the customer's liability to us in respect of them. 
 
12. LIABILITIES 
If the goods are not manufactured by us or have been processed by a third party whether at our or your request our liability in respect of any defect in workmanship or materials of the goods will be limited to such rights against the manufacturer or the third party as we may have in respect of those goods and we will assign to you any assignable rights we may have from or against the manufacturer or third party. 
Except where you deal as a consumer you will unconditionally fully and effectively indemnify us against all loss damages penalties costs on an indemnity basis and expenses awarded against or incurred by us in connection with or paid or agreed to be paid by us in settlement of any claim by any third party arising from the supply or use of the goods. This indemnity will be reduced in proportion of the extent that such a loss damage costs and expenses are due to our negligence. 
Without prejudice to any other provisions in these terms in any event our total liability for any one claim or for the total of all claims arising from any one act of default on our part (whether arising from our negligence or otherwise) shall not exceed the price of the goods the subject matter of any claim or claims or at our discretion.
 
13. NON-PAYMENT 
If you fail to pay any invoice or any sum due to us under any contract on the due date or your credit limit is exceeded or there is a material change in your constitution or you commit a material breach of this contract and fail to remedy that breach after being requested to do so all sums outstanding between you and us under this and any other contract shall become immediately due and payable and we shall be entitled to do any one or more of the following (without prejudice to any other right or remedy we may have):- 
(a) Require payment in cleared funds in advance. 
(b) Charge and recover from the customer interest on the monies outstanding at the rate of 4 per cent above Lloyds TSB's base rate in force from time to time from the due date of payment after as well as before judgment. 
(c) Cancel or suspend its performance of the contract to which the invoice relates. 
(d) Without prejudice to the generality of clause 9 of these terms exercise any of our rights pursuant to that clause. 
(e) Terminate this or any other contract with you without liability on our part. 
13.2 Except where you deal as a consumer you shall reimburse our costs including legal costs on an indemnity basis which we incur in seeking legal advice or taking legal proceedings to enforce our rights under this contract including but not limited to recovery of any sums due. 
 
14. GENERAL 
The construction, validity and performance of a contract shall be governed and interpreted according to the Law of England and you agree to submit to the exclusive jurisdiction of the English Courts in any dispute or difference arising between the customer and us in relation to a contract 
The headings in these terms are for convenience only and shall not affect their interpretation. 
Except as provided otherwise in these terms we shall not be liable for any delays or failures to perform any of our obligations under this contract due to any cause beyond our reasonable control including industrial action. 
Failure by us to enforce a term of a contract as soon as it may be enforced shall not prevent the subsequent enforcement of that or any other term of the contract. 
The non-enforcement by us of any of the terms of a contract shall not constitute a waiver unless this is stated by us in writing. 
If any clause or sub-clause of these terms is held by a competent authority to be invalid or unenforceable the validity of the other clauses and sub-clauses of these terms shall not be affected and they shall remain in full force and effect. 
We may assign or sub contract all or any of our obligations under this contract to a competent third party. 
Termination of this contract shall not affect rights and obligations, which have already accrued at the time of termination. 
A person (a "third party") who is not a party to this contract has no right under the contracts (Rights of Third Parties) Act 1999 to enforce any of its terms notwithstanding that any such term may purport to confer or may be construed as conferring a benefit on such third party. This does not affect any right or remedy of such third party, which exists or is available irrespective of the said Act.
 
15. LCD Dead Pixel Policy
In Accordance with: ISO 13406-2 Guidelines for LCD Pixel Defects
LCD displays are made up of a set number of pixels and each pixel is made from 3 sub-pixels - one Red, one Blue and one Green. Every sub-pixel is addressed by its own transistor and so the manufacture of a glass substrate is very complex. 
Due to the nature of the manufacturing process, occasional defects can occur. Pixel defects or failures cannot be fixed or repaired and can happen at any stage in the LCD’s life. 
To regulate the acceptability of defects and to protect the end user, ISO have created a standard for manufacturers to follow. ISO 13406-2 recommends how many defaults are acceptable in a display before it should be replaced, within the terms & conditions of warranty.
All reputable manufacturers conform to and support the ISO 13406-2 standard. 
Pixel defaults (for Class II LCD panels) 
The table below shows the allowable number of malfunctioning sub-pixels that are acceptable, depending on the native resolution of the LCD and allowing for 5 malfunctioning sub-pixels per million pixels. 
 
Native Resolution No. of Pixels No. of Million Pixels Allowable Defects
1024 x 768 786,432 0.79 4
1280 x 1024 1,310,720 1.31 7
1600 x 1200 1,920,000 1.92 10
2048 x 1536 3,145,728 3.15 16

 

 

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The term Shepway Computers or 'us' or 'we' refers to the owner of the website whose registered office is 12 Twiss Avenue, Hythe, Kent. CT21 5NU.

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