All customers and website visitors agree to
be bound by terms and conditions of service set forth below upon
usage of any services offered by W D Greenhill & Co and its
associate partners as defined herein.
Definitions and Interpretation
1.1 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 W D Greenhill & Co incorporating these terms and
conditions and arising from the acceptance by W D Greenhill & Co
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; "W D Greenhill & Co" means W D Greenhill
& Co, W D Greenhill & Co Repairs, or any such other business W D
Greenhill & Co may appoint as sub-contractor to provide the
Services to the Customer; "Delivery Address" the address for
delivery of the Products or Services as stated on the Purchase
Order; "Price" the price payable for the Products or Services as
specified in the Purchase Order and payable in accordance with the
terms of this Agreement; "Products or Services" such products or
Services to be sold by the Seller to the Buyer as may be
determined from time to time by the Seller and Buyer; "Purchase
Order" the Buyer's purchase order for the Products or Services;
“On-site visits” any services delivered at the Customer’s
premises; “Workshop Repairs” any services delivered on W D
Greenhill & Co premises;
1.2 All other words and expressions are to be
given their normal English meaning taken in the context of the
Contract. Any dispute as to the meaning of a word is to be settled
by reference to the Oxford English Dictionary.
1.3 Any reference to a clause shall mean a
clause of these terms and conditions unless otherwise stated.
1.4 The use of headings in these terms and
conditions shall be for convenience only and shall not affect the
interpretation of these terms and conditions.
2.1 All Orders submitted by the Customer to W
D Greenhill & Co and accepted by W D Greenhill & Co shall be
subject to these 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, issued by W D
Greenhill & Co –verbally, by phone or in person or in writing
including by email- shall be deemed acceptance of these terms and
3.1 All prices for Products or Services
stated in any quote, estimate or acceptance of Order are those
current at the time of the Customer's enquiry by phone, by email
or any other acceptable means.
Cost of parts required to carry out a successful repair will be
extra and are not included in the labour charge. A minimum
standard charge for 2 hours applies to any on-site visit. If the
on-site visit takes longer than 2 hours, the customer will be
charged for the extra hours of labour.
4.1 Payment for parts and services are due
immediately on receipt of Invoice and can be paid credit/debit
card or cheque to W D Greenhill & Co.
4.2. The customer agrees that payment for
services and carriage is non-refundable and parts or equipment
fitted or supplied will be replaced only if found faulty and/or
covered by the manufacturer’s warranty.
4.3 W D Greenhill & Co may at its discretion
offer credit terms to the Customer subject to the status of the
Customer and completion by the Customer of a credit application
form supplied by W D Greenhill & Co. Such credit terms shall be determined by W
D Greenhill & Co and confirmed in writing with the Customer.
4.4 Unless and until credit terms are
granted, the Customer will pay for any Products or Services on a
"cash with order" basis in which case the Customer should allow at
least three (3) Business Days for the payment to be credited to W
D Greenhill & Co's
account. W D Greenhill & Co reserves the right not to release any
Products or provide any Services until all such payments are
cleared and credited to W D Greenhill & Co's bank account.
4.5 Where credit terms are granted, and
unless other terms are granted in writing, the Customer will pay
no later than 30 days following the date of W D Greenhill & Co's invoice and W D
Greenhill & Co reserves the right to suspend deliveries where
payment is delayed.
4.6 If any payments are overdue the Customer
may be placed on credit hold and no further Products or Services
will be delivered or made available to the Customer until all
payments due to W D Greenhill & Co under the Contract have been
paid. W D Greenhill & Co may at its discretion, withdraw credit
facilities in the event of any breach of this contract by the
4.7 If payment is not received by the
relevant due date W D Greenhill & Co may:
(1) Charge the Customer interest on any overdue amount (on a daily
basis) from the due date of payment to the date of actual payment
(both dates inclusive) at the rate of four (4) per cent per annum
above the Lloyds TSB Bank plc Base Rate for the time being in
4.8 All payments made by the Customer to W D Greenhill & Co 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
4.9 The customer agrees to make all payments
due under this contract irrespective of any dispute or claim the
Customer may have with or against any third party.
5.1 W D Greenhill & Co,
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 W D Greenhill & Co under an agreement with
the manufacturer or supplier of the relevant Product.
5.2 The warranty service (if any) will be
that provided by the manufacturer and any validation procedures
relating to that warranty service are the responsibility of the
5.3 W D Greenhill & Co may in its discretion
offer support or maintenance services with respect to Products or
5.4 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
Terms of Service
visits benefit from a no-fix no-fee policy if the engineer is
technically unable to resolve the reported problem. If W D
Greenhill & Co technician(s) can't fix the problem on-site due to
external dependencies such as manufactures parts no longer
available, the customer is liable to pay the minimum standard call
out charge charge agreed at the time of booking. If at least one
of the original problems reported by the customer is fixed by the
on-site technician, the customer is liable to pay the full price.
repairs benefit from a no-fix no-fee policy if W D Greenhill & Co
is unable to fix the original reported problem but where the fix
is possible by replacement of a faulty part or parts and the
customer does not agree to the replacement of the faulty part, W D
Greenhill & Co reserves the right to charge the Customer a
diagnostic fee. If the fix of the Instrument(s) is not possible
by replacement of the faulty part(s) and/or as a result of
extensive damage to the equipment, it is declared irreparable by W
D Greenhill & Co technicians, no-fix no-fee policy will apply.
Where several faults are reported by the customer and at least one
of the faults has been successfully repaired, the Customer is
liable to pay the full amount. No-fix no-fee does not apply to
partially repaired Instruments(s).
6.3 If W D
Greenhill & Co is unable to repair the Instrument(s) due to
non-supply of parts by manufacturers or suppliers, a diagnostics
fee will apply to any Instrument(s) under repair. The diagnostics
fee will cover the time spent on fault diagnosis and re-assembly
of the Instruments (s) and cost of collection and return of the
Instrument(s) if applicable. The return of the customer's
Instrument(s) will be subject to prior payment of diagnostics fee
and carriage if applicable. We may waive the diagnostics fee at
6.4 If the
customer's Instrument develops a fault in the course of service
delivery by W D Greenhill & Co on-site or off-site, the customer
agrees not to hold W D Greenhill & Co responsible for the fault.
However, W D Greenhill & Co will do its best to remedy the problem
at no cost to customer(s) unless parts are required.
6.5 All the
customer’s Instruments once repaired or declared irreparable, must
be collected within 14 days from the time the customer is
informed. If the customer fails to collect the repaired or
un-repaired Instrument, we reserve the right to charge the
customer for storage at a rate of £3 a day until the passage of a
maximum of 8 weeks. The customer must claim or collect the
Instrument within 8 weeks, otherwise the Instrument will be
recycled for parts and the customer will lose ownership of the
6.6 Where the
Customer requires W D Greenhill & Co to carry out any
configuration or installation services either for the Customer and
/or the end-user, W D Greenhill & Co shall do so as sub-contractor
to the Customer and this agreement and the terms contained herein
6.7 W D
Greenhill & Co will use all reasonable
provide Instrument services in accordance with the terms of the
Contract and will ensure that all the Services are provided with
all reasonable care and skill and by suitably trained and
7.1 W D
Greenhill & Co shall a) not be liable for any claims regarding the
physical functioning of the equipment/media or the condition or
existence of data stored on the media supplied before, during or
after services; b) In no event will W D Greenhill & Co be liable
for any loss of data or loss of revenue or profits or before,
during or after services even if W D Greenhill & Co has been
advised of the possibility of damages or loss to persons or
7.2 W D
Greenhill & Co’s liability of any kind with respect to the
services, including any negligence or delay in delivery of service
on its part, or loss of equipment or media, shall be limited to
the price for the services.
7.3 W D
Greenhill & Co shall not be liable to the Customer whether in
contract, tort or otherwise and even if foreseeable by or in the
contemplation of W D Greenhill & Co for: (a) any loss of profits,
business, revenue, goodwill or anticipated savings, whether
sustained by the Customer or any other person;
special, indirect, or consequential loss whether sustained by the
Customer or any other person.
7.4 Any advice
or recommendations given to the Customer by W D Greenhill & Co or
its employees or agents as to storage, application, use or
preference of the goods which is not confirmed in writing by W D
Greenhill & Co,
is followed or acted upon entirely at the Customer's own risk and
accordingly W D Greenhill & Co shall not be liable for any such
advice or recommendation which is not so confirmed.
7.5 While W D
Greenhill & Co will make every effort to preserve the integrity of
any equipment under repair, the Customer agrees not to hold W D
Greenhill & Co responsible for any accidental damages to the
equipment in its possession including but not limited to surface
scratches, deformations and cracks.
8.1 W D Greenhill & Co reserves the right to
modify these terms and conditions. Any such modification will
apply on the effective date specified in the said notice to all
services and products provided by W D Greenhill & Co.
9.1 All Contracts shall be governed by, and
construed in accordance with, English law and the parties submit
to the exclusive jurisdiction of the English courts.
10.1 The waiver by either party of a breach
or default of any of the provisions on this Agreement 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.