Terms

New Day Terms & Conditions

 

1.B""Business Customer" means a customer who is not a Consumer

1.2 "Consumer" means an individual who is not acting for the purposes of his or her business or profession.

1.3 "New Day" means  also referred to as "we" or "us" in these terms and conditions.

1.4 "Catalogue" means the catalogue of products and services offered by New Day.

1.5 "Force Majeure" means any cause affecting the performance by New Day of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.

1.6 "Normal Working Hours" means 9 am to 5 pm on a Working Day.

1.7 "Working days" means Monday to Friday, excluding Bank or other Public holidays.

1.8 Please note special terms apply to Consumers, which prevail over the other provisions of these terms and conditions. Customers who are Consumers are referred to Clause 13.

 

Orders

2.1 a) The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer.

b) Cancellation of orders by business to business customers is not accepted as many orders are dispatched on the same day the order is placed. Cancellation of orders by Consumers will be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000. Nothing in these terms and conditions is intended to impinge upon a Consumer's statutory or contractual rights to reject faulty goods.

 

2.2 All orders are subject to acceptance and to availability of the goods ordered: New Day is entitled to refuse any order placed by you.

 

2.3 You undertake that:

a) all details you provide to us for the purpose of purchasing goods or services offered on our web site are correct, and

b) the credit or debit card you use to make a purchase from us is your own card or your company's card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.

 

3. Prices

3.1 Goods and services, together with VAT, are invoiced at the price prevailing at time of order.

3.2 New Day reserves the right to modify the prices from time to time

 

4. Delivery, Title and Risk

Goods will be dispatched once payment has been received by New Day.

4.1 New Day shall use reasonable endeavours to despatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay. A customer who is a Consumer shall be entitled to cancel an order when advised of a delay if the revised delivery date is not acceptable.

 

4.2 In the case of a Business Customer, if New Day is unable to deliver the goods within 60 days of the agreed delivery date, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to New Day in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to New Day after the above date but before delivery of the goods or notification from New Day that the goods are ready for delivery. This Clause does not apply to Consumers.

 

4.3 In the case of Business Customers, New Day does not accept liability for shortages or damage to deliveries unless the Customer notifies New Day of the shortage or damage in writing within 2 days of receipt of the delivery. Consumers should notify shortages or damage within a reasonable period of becoming aware.

 

4.4 Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.

 

4.5 Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.

 

4.6 Title in the goods does not pass to the Customer until payment is received in full by New Day.

 

4.7 If the Customer cannot accept delivery, New Day may at its option:

a) store and insure the goods at the Customer's expense and risk or

b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or

c) re-arrange delivery provided that New Day may charge the Customer for the additional delivery costs incurred

 

4.8 The Customer may request a Proof of Delivery, provided that this request is made in writing within 3 months of the date of delivery and New Day shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.

 

4.9 Upon delivery of the goods, the Customer may be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. New Day shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.

 

5. Payment

5.1 Payment is due on shipment unless a Customer has been approved for credit.

 

5.2 Payment may be made by Pay Pal, electronic cheque or bacs.

 

6. Product spec

6.1 New Day makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer.

 

6.2 If New Day cannot supply the goods ordered by the Customer, New Day reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to New Day in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.

 

6.3 New Day has to adhere to the manufacturer's guidelines stipulating that a given defect(s) that are deemed acceptable before an item is accepted for replacement on grounds of fault.

 

E.g. Due to the current manufacturing methods of active matrix display panels, a small percentage of sub-pixel anomalies (i.e. a pixel that is stuck on or off) are accepted by the industry as unavoidable. Accordingly, because the manufacturing yield of perfect active matrix panels is low, displays may have some sub-pixels that are either always on or off. The cost of accepting only theoretically perfect displays would almost double the price of a

portable computer using an LCD screen. Please be aware of this before purchasing a TFT screen.

 

7. Trade names

 

7.1 Trade names and marks (other than New Day's) are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products.

 

7.2In the case of component purchases, Customers requiring a particular brand of product should, before placing an order, check with New Day the identity of the manufacturer of component it is proposed to purchase.

 

7.3 New Day and the Business Customer/Consumer acknowledge the intellectual property rights of suppliers and manufacturers of the products appearing on New Day’s sales literature and on New Day’s websites.

 

8. Warranties & Returns

Please note that special terms apply to Consumers who wish to return goods, which prevail over the provisions of this Clause 8. Customers who are Consumers are referred to in Clause 13.

 

8.1 New Day is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.

 

8.2 Unless otherwise stated in the manufacturer's documentation, all goods delivered to a UK mainland address carry a specified manufacturer's warranty.

 

8.3 If you purchase goods in the course of your business, the following provisions of this Clause shall apply. Other than the express provisions set out in these terms and conditions, all other terms and the implied terms or warranties relating to the supply of goods are excluded to the fullest extent permitted by law. Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.

 

8.4 If you purchase services in the course of your business, the following provisions of this Clause shall apply. New Day shall use its skill and expertise to carry out any contracted works (the "Service(s)") to a standard equivalent to that of a competent computer professional, and shall warrant our work as free from defects, for a period of 30 days after completion. In particular, we cannot be held responsible for any fault or damage not caused by New Day services' engineers or its contracted agents. In the event of a claim arising relating to the level of skill and judgement applied in the course of providing Services, New Day reserves at its sole discretion the right to appoint an independent expert in the field to appraise the work carried out in the execution of the Service(s). Additionally, New Day cannot be held responsible for equipment installed or configured when the equipment has subsequently been altered or configured by persons other than New Day. Except as set out here, all other express or implied terms or warranties relating to the Services are excluded to the fullest extent permitted by law.

 

8.5 Subject to the right of Consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000 (see Clause 13), New Day does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering. In some instances, Customers may benefit from special price discounts issued by a manufacturer specifically for their benefit. Such goods are not returnable to the manufacturer and may not be sold to other customers. Accordingly, orders for such goods cannot be cancelled and New Day can only return or repair Goods where they prove to be defective and the Goods are returned for repair or replacement.

 

8.6 In the event that New Day, at its discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 13), agrees to accept the return for credit of unwanted products, the goods must be returned with New Day’s prior written agreement within 14 days of delivery. The goods must be unopened, with the manufacturers seals intact and in perfect re-saleable condition All goods returned in these circumstances (except where the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 13) will be subject to a 25% re-stocking fee of New Day's sale price for the goods. Please ensure that the product(s) you have purchased are to your specification prior to breaking the manufacturers seals. This will avoid disappointment and the product(s) being rejected, should you wish to return them.

 

8.7 No contract shall be cancelled once accepted by New Day nor shall any Goods which are delivered in accordance with the contract be returned without prior written approval of New Day and on terms to be determined at the absolute discretion of New Day.

a) New Day technical support staff or Customer Support staff, as appropriate, will advise you of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will either arrange a courier collection, or request that you return the product directly to us. If the goods are found on inspection to be defective, the cost of returning the item will be refunded to you. Authorised product returns must be sent to: New Day Returns, 44 Boverton Drive, Brockworth, Gloucester GL3 4DA

 

 

b) A Goods Returns Authorisation Number (RAN) must be obtained from New Day for each and every return so that we are able to administratively process your return, otherwise we have no means of identifying the Goods being returned. This may result in difficulties in returning monies. The RAN must be clearly shown on each parcel returned, and must be in the original manufacturer's packaging (which shall not be defaced) complete with accessories, manuals and documentation. Software packages must be returned unopened with the software seals in tact. Except in the case of faulty Goods, returned items not complying with these requirements will be rejected.

 

c) New Day cannot accept liability for packages damaged during transit. It is the Customer's responsibility to wrap the product adequately to prevent damage.

 

d) Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by registered or special delivery post or courier, and to insure the goods for their full value.

 

e) On receipt of the returned product, if following the testing process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with a replacement product before completion of the testing process, you will have to pay for this product also. This Clause does not apply to Consumers returning goods pursuant to Clause 13.

 

f) Unless otherwise stated in the manufacturer's documentation, all goods delivered to a UK mainland address carry a specified manufacturer's warranty. Customers who wish to make a warranty claim must comply with the manufacturer's instructions and warranty procedure. In order to resolve your problem as quickly as possible, we will refer you to the product manufacturer who will deal directly with the return. In these instances, we will provide you with the contact information for the relevant manufacturer. If you are a consumer, this does not affect your statutory rights.

 

g) This warranty shall not apply if the goods have been worked upon, altered or damaged in any way by the Customer or its employees or agents, or to goods not used in accordance with the manufacturer's instructions.

 

h) No software on which seals have been broken can be returned for credit. If any software discs are faulty, the manufacturer will replace them. If you are a consumer this does not affect your statutory rights. Please note Software Licences are non returnable unless the software is materially non-compliant with its specification or the physical media on which it is supplied is defective.

 

8.8 This clause shall not apply to:

a) New Day’s PC’s or other Goods not featured in our Catalogue (specials) made to your specifications; and

b) Sealed computer software which has been opened by you

 

9. New Day’s Liablility

9.1 In its dealings with Business Customers, New Day shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. ("Financial loss" in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). New Day's liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.

 

9.2 Nothing in this agreement shall limit New Day's liability for death or personal injury caused by its negligence.

 

10. Health a

10.1 New Day confirms that the goods it supplies as a distributor do not present a hazard to health and safety

a) when properly used for the purpose for which they are designed; and

b) if the Customer takes reasonable and normal precautions in their use

 

11. Force Majeure

New Day shall not be liable to the Business Customer/Consumer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of New Day's obligations in respect of the Goods, if the delay or failure was due to any cause beyond New Day's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond New Day's reasonable control:

a)                              Natural disaster, explosion, flood, tempest, fire or accident;

b)                              war, threat of war, sabotage, insurrection, civil disturbance or requisition

c)                               acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

d)                              import or export regulations or embargoes;

e)                              strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of New Day or of a third party);

f)                                difficulty in obtaining materials, labour or machinery; and

g)                              power failure or breakdown in machinery.

 

11.2 If we are unable to provide you with your Goods within a reasonable time due to circumstances outside our control, we shall either agree a new timescale with you for the delivery of the Goods or either of us may decide to terminate the contract in which case we will return any prepayments that you have made in full.

 

12. Open Box & Liquidation Products

 

12.1 Goods sold as "Open Box" or "Liquidation Stock" are downgraded goods that New Day is able to offer at a discount on the normal catalogue price. Stocks of goods offered as Open Box or Liquidation are limited and such goods are sold subject to the following special rules. These special rules apply in addition to, and in the event of any conflict override, all of New Day's other terms and conditions, except those terms and conditions specifically covering Consumers.

 

12.2

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13 The Consumer Protection (Distance Selling) Regulations 2000

 

13.1 Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the New Day website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 ('the Regulations').

 

13.2 If the Regulations apply, Customers may cancel goods purchased from New Day by sending a written notice of cancellation by post or hand delivery addressed to Customer Services at New Day, 44 Boverton Drive, Brockworth, Gloucester GL3 4DA

 

13.3 The notice of cancellation must be delivered within 7 working days of the day after date of delivery of the goods.

 

13.4 The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to New Day, the Customer is under a duty to make the goods available for collection at the Customer's expense from the address to which they were delivered.

 

13.5 The Customer is under a duty to retain possession of the goods whilst awaiting return to New Day and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.

 

13.6 This statutory right applies to all of our products except for digital items where the item has been downloaded. We also regret that we cannot accept cancellations of contracts for the purchase of software products where the product box has been opened.

 

14. Errors and Omissions

 

14.1 New Day makes every effort to ensure that all prices and descriptions quoted in its catalogue and on its website are correct and accurate. However, the frenetic tempo of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, New Day will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer's order and/or received payment from the Customer. New Day’s liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by New Day after the manifest error has been discovered.

 

14.2 A 'manifest error', as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by New Day which is more than 10% less than the price that would have been quoted had the mistake not been made.

 

15. Data Protection

Please note: New Day has a full and detailed privacy statement available by clicking here

 

15.1 Website Security
New Day's shopping website employs the SSL (Secure Socket Layer) encryption standard in all secure areas, including login pages, customer information and payment details. Provided the Business Customer/Consumer is using an SSL-compliant browser such as Netscape's Navigator, Microsoft's Internet Explorer, Opera or Firefox, the Business Customer/Consumer is able to conduct encrypted transactions without fear of an intermediary obtaining the Business Customer/Consumers credit card information.

 

15.2 Data Protection & Data Security
Data is maintained under the provisions of the Data Protection Act (1998), New Day's registration number is Z6290748. New Day may contact the Business Customer/Consumer from time to time to verify and update the data New Day holds on the records of the Business Customer/Consumer

 

15.3 Information Automatically Logged
New Day uses your IP (Internet Protocol) address to help diagnose problems with New Day's server and to administer New Day’s website. The Business Customer/Consumer’s IP address is also used to help gather broad demographic information. A disk-based cookie (non session) is used to identify the Business Customer/Consumer.

 

15.4 Registration and data sharing
New Day's site registration and order form requires users to give New Day contact information (such as name, email, and postal address), unique identifiers (such as username and password), demographic information (such as postcode), and financial information (such as account or credit card numbers).This data is stored for use in all New Day's marketing communications and analysis.

 

D 15.5 New Day's will not share the Business Customer/Consumer’s details with any 3rd party (except for delivery purposes only or at the express wish of the Customer).

 

16. General terms of business

 

16.1 nothing in these terms and conditions affects your statutory rights as a Consumer

 

16.2 If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.

 

16.3 Any waiver of a breach of this Agreement must be in writing.

 

16.4 Any variation of this Agreement must be in writing and signed by a duly authorised New Day official.

16.5 The headings are for convenience only and shall not affect the interpretation of this Agreement.

 

16.6 Assignment. You must not transfer any contract made with us under these Conditions, as it is personal to you, without written authority from us. This authority will not be refused without good reason

16.7 Insolvancy This clause applies if:

a) the Business Customer/Consumer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction);

b) An encumbrance takes possession, or a receiver is appointed of any of the property or assets of the Business Customer/Consumer ; or

c) New Day reasonably apprehends that any of the events mentioned above is about to occur in relation to the Business Customer/Consumer and notifies the Business Customer/Consumer accordingly. f this clause applies then without prejudice to any other right or remedy available to New Day, New Day shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Business Customer/Consumer and if the Goods have been delivered but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

 

16.8 Customer Service queries
New Day shall make every reasonable effort to resolve or acknowledge by post, telephone or email any queries which the Business Customer/Consumer has made within 48 hours of receipt of any such query.

 

New Day shall make every reasonable endeavour to respond to complaints within 5 working days and keep the Business Customer/Consumer reasonably notified of any progress thereafter

 

16.9 Third Party (Rights) Act 1999
No third party shall be allowed to enforce any rights under this contract.

The parties hereby exclude the application of the Contracts (rights of Third Parties) Act 1999 to each and every contract made under these Conditions.

 

16.10 No Waiver
New Day's failure to insist upon strict performance of any provision of these Conditions shall not be deemed a waiver of its rights or remedies in respect of any present or future default of the Business Customer/Consumer in performance or compliance with any of these Conditions.

 

16.11 Notice
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice

Notice shall be delivered personally or sent by first class prepaid recorded delivery of by registered post (airmail if overseas) or by facsimile transmission and shall be deemed to be given in the case of delivery personally on delivery and in the case of posting (in the absence of evidence of earlier receipt) 48 hours after posting (six days if sent by airmail) and in the case of facsimile transmission on completion of the transmission provided that the sender shall have received printed confirmation of transmission.

 

16.12 Enforceability
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provision of these Conditions and the remainder of the provision in question shall not be affected.

 

16.13 Dispute
In the event of a dispute between the Business Customer/Consumer and New Day, should New Day in writing require, the Business Customer/Consumer agrees to submit to the jurisdiction in accordance with the Arbitration Act 1996 for the time being in force as a legally binding alternative to court action.

 

D 16.14 Jurisdiction
The contract shall be governed by the laws of England & Wales and the Business Customer/Consumer agrees to submit to the non-exclusive jurisdiction of the English courts.

 

D 16.15 Images
Product images are provided for illustrative purposes only and the actual product you receive may differ from the image displayed in the catalogue or on our website, especially with generic products

 

APPENDIX 1

 

New Day PC Warranty
Thank you for choosing to purchase a New Day PC. We hope it will provide you with years of trouble free computing. Please take the time out to read this document regarding warranty terms and conditions of your New Day PC.

 Terms

 

New Day warrants that the computer system you purchased (including the CPU base unit, keyboard, mouse, Microsoft operating system and other software applications (if any) supplied as an integral part of the system but excluding any and all Accessories as defined below) ("the System") will be free from defects in materials and workmanship for a period of one year beginning on the date of New Day’s invoice ("the Initial Warranty Period"), subject to the conditions and limitations described below.

 

Subject to the conditions and limitations set out below, you are entitled to full parts and labour cover in respect of System defects notified to New Day during the Initial Warranty Period. In addition, you are entitled to free labour only cover (i.e. parts not included) in respect of System defects notified to New Day during the 2-year period after the end of the Initial Warranty Period ("the Extended Warranty Period"). The promises made in clause 1.1 and this clause 1.2 shall hereafter be referred to as "the Warranty".

 

The Warranty
This Warranty only applies to purchases made in the United Kingdom.

Warranty covers normal use and excludes cover for damage resulting from:

 

Return shipment by you to New Day (where applicable)

Your failure to provide a suitable installation or operating environment for the System

Impact with other objects, dropping, falls, spilled liquids or immersion in liquids

Servicing of the System not carried out or authorised by New Day

Usage not in accordance with the user instructions provided with the System

Failure to perform required preventive maintenance

Accident, abuse, misuse or neglect

Natural disasters such as flood, fire or lightning

Problems with electrical power such as power surges and use of parts, components, services or software not supplied by New Day.

 

This Warranty does not cover damage resulting from failure to back up data or other files, nor does it cover damage caused by programs, data, viruses or other files. New Day is not responsible for any loss of your data and recommends that you maintain a back up system at all times to rebuild or reconstruct lost or altered files, data or programs.

Warranty cover will not apply in the event the serial number has been removed, altered or defaced.

New Day makes no representations or warranties, express or implied, with respect to services provided by Internet service providers (ISPs). This includes their ability to provide services, their ability to work with New Day systems, interruption of service, or their ability to sustain such services over extended periods of time. New Day is not affiliated and has no agency relationship with providers of such services and is not responsible for their actions or inactions.

This Warranty does not cover any items in the following categories; software not supplied as an integral part of the System, joysticks, printers, scanners, speakers, cameras (collectively "Accessories") nor any other parts, hardware or software not supplied by New Day. Any Accessories supplied by New Day are covered only by their manufacturers warranties (if any) details of which were supplied to you on delivery of the System.

Except as expressly set out in these conditions, New Day gives no other warranties, expressed or implied, including, without limitation, any warranties of satisfactory quality or fitness for a particular purpose, and New Day expressly disclaims all warranties not stated herein.

 

Returns/Replacements/Repairs

During the Initial Warranty Period, if New Day is satisfied that the System is defective or damaged, New Day will, at it's sole discretion, repair or replace the System or the defective or damaged part(s) thereof or refund to you the amount you paid for the System, less a reasonable sum for depreciation.

Warranty claims can be made by calling the New Day Technical Support Department. Please see your User guide for the relevant contact details. When calling, you must have the following information available;

Your customer number;

System serial number; and

description of the problem

Valid proof of the date of your original purchase, including the serial number of the System, shall be required before any warranty service is provided. If the New Day technician determines that the System is defective and that a repair or a replacement product is required, you will be given a Return Authorisation Number (RMA) for the return of the defective product. This number must be clearly marked on a label on the outside of the original packaging, prior to return.

New Day will collect and return the System (or defective part thereof) free of charge if the defect is notified to New Day within the Initial Warranty Period. If the defect is notified to New Day during the Extended Warranty Period you will be required to return the System to New Day at your own expense. Alternatively, upon request, New Day may, at its discretion, arrange a collection and return service, at your cost, payable at the time of collection.

New Day supplies a replacement system or part to you before receiving the defective System or part from you, you are responsible for the return of the defective System or part and will be charged the full sales value of the replacement System or part if the defective System or part is not received by New Day within 30 days of delivery of the replacement.

New Day manufactures its computer systems from parts and components that are new or equivalent to new in accordance with industry standard practices. New Day owns all parts removed from repaired products. New Day uses new and reconditioned parts made by various manufacturers in performing warranty repairs and building replacement products. If New Day repairs or replaces the System (or any part of it) under Warranty, the term of the Warranty is not extended.

In the event of a hard drive being replaced, the System will be restored to its original configuration when purchased. Any servicing carried out by New Day does not include data back up and/or data restoration.

 

Remedies

 

In all cases, your sole remedies for a System failure are limited to those contained in these conditions.

Except in the case of personal injury or death caused by the negligence of New Day or its authorised sub-contractors, New Day will not be responsible for any incidental or consequential damages which may occur as a result of your use of the System, the System's failure to perform under any circumstances, any replacement part provided under warranty or any other circumstances including without limitation losses of the types listed below:

Loss of profit; and/or

Loss of anticipated savings.

Loss of business and/or goods; and/or

Loss of revenue; and/or

Loss of contract; and/or

Loss of goodwill; and/or

Loss of use; and/or

Loss and/or corruption of data and/or other information; and/or

Downtime; and/or

damage relating to the procurement by you of any substitute hardware or software.

 

On Site Warranty Cover (UK Only)

purchasing your System, you may have been offered an option to upgrade from the standard return to base warranty to an On Site Warranty ("the OS Warranty"). The OS Warranty is available for one, two or three years from the date of invoice. If you have purchased an upgrade to an OS Warranty, you shall be entitled to the standard warranty protection, on the terms set out above, plus the following additional benefits that shall apply whilst the OS Warranty is in force ("the OS Warranty Period"). Save to the extent expressly varied below, each of the terms and conditions contained in clauses 1-4 above shall apply equally to the OS Warranty.

Parts for your System will be covered under warranty for the full duration of the OS Warranty.

Requests for warranty service can be made by calling the Technical Support Department in accordance with clause 3.2 above. If the New Day technician determines that a warranted product is defective and that either a repair is necessary or that a replacement product is required, an on site call out will be logged and the required parts will be dispatched to your address. New Day or its authorised maintenance contractor will contact you to arrange an appointment to visit and rectify the fault on the System.

The OS Warranty is only valid during normal office hours (0900-1700 Monday to Friday excluding English national holidays) and is limited to call-outs within Mainland UK. Restrictions may apply with regards to accessibility in certain geographical areas as New Day advises from time to time.

any of the exclusions in clause 2.1 above are discovered on site as the cause of need for repair or replacement, or if you fail to meet an on site service technician for a scheduled visit, you will be required to submit the System to New Day for repair, at your own cost, in accordance with clause 3.4 above.

site service is not available for any Accessory or external peripheral, including any monitor, mouse, and keyboard or speaker system. Some manufacturers of these items may offer an onsite replacement service on their own equipment and should be contacted directly.

Site Service does not include data back up and/or data restoration.

the same or a similar problem occurs after an on site visit, New Day may recall the equipment for further tests and repairs.

any of the exclusions in clause 2.1 above are discovered on site as the cause of need for repair or replacement, or if you fail to meet an on site service technician for a scheduled visit, you will be required to submit the System to New Day for repair, at your own cost, in accordance with clause 3.4 above.

site service is not available for any Accessory or external peripheral, including any monitor, mouse, and keyboard or speaker system. Some manufacturers of these items may offer an onsite replacement service on their own equipment and should be contacted directly .