Terms and Conditions of Service and Repair
The terms and conditions set forth below are a legal agreement between you (the Client) and Positive Developments (SI) Ltd and its associated companies. These terms and conditions shall apply to all goods and services supplied to the Client by Positive Developments (SI) Ltd.
By accessing these terms and conditions, browsing this website, the Client acknowledges that they have read, understood and agree with the terms and conditions stated including exclusions and disclaimers in respect of liability and loss arising from the supply of goods and services to you the Client.
These terms and conditions do not affect the Client’s statutory rights.
By commissioning Positive Developments (SI) Ltd, you are entering into a contract with us. The following terms and conditions set forth are our obligations to you and what you are agreeing to.
Terms and Terminology
In these terms and conditions, references such as “our”, "we", "us" and “their” refers to Positive Developments (SI) Ltd.
The use of headings in these terms and conditions is for convenience only and shall not affect the interpretation of the terms and conditions under the headings.
By commissioning Positive Developments (SI) Ltd, the Client authorises the inspection and evaluation of the equipment to determine the nature of the repairs required and provide an estimate of repair cost and the time scale involved. The evaluation is subject to a fee equal to half the standard hourly service rate and no work beyond the evaluation will be charged without explicit Client approval.
Positive Developments (SI) Ltd when commissioned to carry out repairs also have the necessary permission from the Client to replace components with new or used devices of a similar or better design and capability.
The Client also authorises Positive Developments (SI) Ltd, its employees and agents to receive and transport equipment to and from the Clients premises to the offices of Positive Developments (SI) Ltd.
Repair Order Process
To process your equipment repair request we require the following information as a minimum:
Mobile contact number
Computer passwords etc.
We may use your details for marketing purposes however, we will not past your details to any third party.
Client Legal Rights
The Client is the legal owner of the computer equipment handed over to Positive Developments (SI) Ltd for repairs. It is also acknowledged that all data stored on the computer equipment is the Clients property and Positive Developments (SI) Ltd is not permitted to access this data without the explicit permission of the Client.
Payment including sales tax is due in full upon completion of a successful repair, prior to the release of the equipment whether shipped to the Clients address or picked up from Positive Developments (SI) Ltd place of business unless by special previous arrangement.
If credit terms are approved, payment in full must be made within 30 days from the date of the invoice. Beyond the 30 days, we have the right to add an additional 5% penalty of the total invoice for each week of non-payment.
Overdue payments may place the Client on credit hold. This means no further services, repairs or equipment will be supplied or made available to the Client until all previous payments are paid in full. Positive Developments (SI) Ltd may at its discretion withdraw credit facilities at any time if the Client is found to be in breach of these terms and conditions.
We will accept payment by cash and all major credit and debit cards. We unfortunately cannot accept payment by cheque.
Refunds can be by cheque or refunded to the credit or debit card used when paying for the service or repair.
In circumstances when goods are supplied, you will only own these goods when payment in full is received.
Computer parts, hardware, and software that need to be specially ordered must be paid for in advance.
Estimate for Repairs
Upon initial inspection of the equipment, an estimate will be provided for the necessary repairs. All quotes and any subsequent charges are subject to sales tax at the current rate and in SBD.
For work estimates above $2000 a deposit of 50% for goods and services will be required prior to the commencement of the works.
The acceptance of an estimate or quotation for a service or repairs and instruction to proceed by the Client either verbally by telephone or in person, or in writing (including email) shall be deemed acceptance of these terms and conditions.
Availability of Goods and Services
Goods and services are subject to availability. If for whatever reason, we are unable to supply any goods or services we will not be held liable for any compensation or damages as a result of the non-performance.
Booking a Service
You can book a service by either calling to our premises or requesting a repair service via our website or email.
Home or Business Call Out Requests
If you require a home or business call out this will incur additional charges which will be conveyed in the quotation for the repairs. Home or business call outs are subject to availability of suitable engineers and allocated on a first come, first serve basis.
Online requests will be confirmed by either telephone or by email.
If a home or business call out is booked and access is not gained at the agreed allotted time the Client will be subject to a charge equivalent to 1 hour our standard hourly rate.
In the event when we cannot make the appointment at the agreed time due to factors beyond our control you will be contacted in advance advising you of the situation and re-schedule an appointment as soon as reasonably possible at a mutually convenient time. If you wish, you have the right to cancel your service or repair request. A full refund will be offered for any payments made in advance.
Cancellation of a Call Out Service Request
You may cancel an agreed home or business call out at any time up to 2 hours prior to the agreed appointment time.
Cancellations made in sufficient time will be entitled to a full refund of any funds paid in advance.
If you cancel or change an appointment within 2 hours prior to the agreed time, the Client will be subject to a charge equivalent to 1 hour our standard hourly rate.
Service or repair cancellations can be communicated by any of the following:
If no one was available when an engineer calls to the Client’s premises, a note will be left confirming the call out. A new appointment can be re-scheduled however, the Client will be subject to a charge equivalent to 1 hour our standard hourly rate in addition to the costs of the service or repairs.
Delivery of Goods and Services
At the time of the order, we will endeavour to confirm a time scale for the service or repairs. There may be instances when the delivery of the service cannot be achieved due to circumstances beyond our control. All delivery times indicated should be considered approximate and we will not be held liable for compensation, damages due to a late or non-delivery.
If equipment is delivered back to the Client in a damaged or faulty state, you must inform us within 24 hours of the fault. We will arrange collection and repairs at our cost. If you fail to inform us within 24 hours, we shall have no liability for the goods damaged on delivery. This does not however affect your statutory rights.
Our Collection Policy
Any equipment left with Positive Developments (SI) Ltd and unclaimed for 60 days, will be disposed of to recover our costs incurred while carrying out a service or repair. After this period, Positive Developments (SI) Ltd shall have no liability to the Client or any third party.
Non Compatibility Software
The Client understands and accepts that some software applications may no longer work correctly after a repair has taken place. This may be due to the installation of the latest hardware or software. It is therefore the Client’s responsibility to reinstall or reconfigure these applications.
Backing Up Data
Positive Developments (SI) Ltd will make every possible effort to preserve the Client’s data and files, however it should be noted that there are NO GUARANTEES whatsoever that the Clients data and files will remain intact after the repairs.
IT IS THEREFORE THE CLIENT’S SOLE RESPONSIBILITY TO ENSURE THAT ALL THE DATA AND INFORMATION STORED ON THE COMPUTER EQUIPMENT REQUIRING REPAIRS IS APPROPRIATELY BACKED UP TO OTHER STORAGE DEVICES PRIOR TO HANDING OVER FOR REPAIRS.
Charges will be incurred if Positive Developments (SI) Ltd has to perform a lengthy backup procedure to protect the Clients own data in order to complete the repairs.
We cannot be held responsible for the following during the repairs:
Positive Developments (SI) Ltd will not be liable for any damage caused to other equipment by parts supplied following any repair.
Confidentiality of Data Stored on Computer Equipment
Positive Developments (SI) Ltd, its Employees and Agents agrees not to disclose to a third party any information or data files stored on or recovered from the Client's equipment during the service or repair.
Whilst Positive Developments (SI) Ltd shall make every effort to preserve the integrity of equipment left for repair, the Client agrees not to hold Positive Developments (SI) Ltd liable for any accidental damage to the said equipment including but not limited to – casing cracks, scratches, deformations, theft of the equipment etc.
Additionally, Positive Developments (SI) Ltd cannot be held liable for any loss of data, loss of revenue or profits, or any incidental, contingent, or consequential damages, howsoever caused either prior, during a service or upon completion of a service.
Positive Developments (SI) Ltd liability of any kind with respect to services undertaken, including any negligence on its part, shall be limited to the contract price for the services provided.
Furthermore, should Positive Developments (SI) Ltd, its employees or agents offer any advice or recommendations to a Client as to the use of computer equipment, storage, use of software applications confirmed by whatever means is used entirely at the Clients own risk and accordingly Positive Developments (SI) Ltd shall not be held liable for any such losses associated with such advice or recommendations.
Positive Developments (SI) Ltd provides a 30-day warranty on labour only repairs carried out on computer equipment requested by the Client. Positive Developments (SI) Ltd makes no warranty for data or computer files either expressed or implied. Positive Developments (SI) Ltd disclaims any data warranty of any kind. If the same problem re-occurs within 30 days of the original repair, Positive Developments (SI) Ltd will undertake the repair again without charge. However, charges will be incurred should additional parts are required. This warranty excludes faults caused by viruses or software issues.
All computer parts supplied by Positive Developments (SI) Ltd are new and usually come with a 1 year manufacturer’s warranty from the date of the repair. In some instances, we may offer second hand or used parts at a reduced cost. The Client will be consulted if they are willing to accept second hand or used parts prior to fitting. No warranty will be provided with second hand or used parts.
Any warranty offered will become invalid if the manufacturers marked label is removed or tampered with in any way from the parts installed during a repair.
Parts are only covered under warranty that fail due to manufacturing defects for the said parts and confirmed by the component manufacturer. Should the part fail because of mishandling of the computer equipment or inadequate subsequent servicing or failure from “fair wear and tear” the warranty becomes invalid.
Damage to a computer system or its components supplied by Positive Developments (SI) Ltd under a repair contract caused by a power surge or spikes, including but not limited to mains power and telecoms connections or other unspecified sources e.g. voltage fluctuation, amperage fluctuation, water ingress are not covered under the warranty.
Furthermore, the warranty does not cover for any loss or damage due to negligence, mishandling, accidents, theft, water flooding, war outbreak, electrical storms, fire outbreak, earthquakes, or any other act of God.
During the performance of our services, we may affect a manufacturer’s warranty validity. It is the Clients responsibility to determine the consequences of our services on any manufacturer's warranty and take the appropriate action necessary.
If we provided a quotation and subsequently discover that the quote is incorrect, we reserve the right to cancel the order and return your equipment without any repairs carried out. We will contact you at the earliest convenience to advise you of the situation and you will be given the option to proceed based on a new revised quotation or the order can be cancelled.
If you choose to cancel the order, any monies paid in advance for the repairs will be refunded in full.
All contracts formed between Positive Developments (SI) Ltd and the Client shall be governed by and construed in accordance with and governed by the laws of Solomon Islands
Each party agrees that any disputes not resolved by the normal complaints procedure will be submitted to the court within the jurisdiction of Solomon Islands.
Correctness of Information and Disclaimer
Although every effort is made at all times to make sure the information contained in our website and in our documentation provided is accurate, current and reliable information, it should be recognised there is a possibility of errors in the information contained within. Positive Developments (SI) Ltd expressly denies any warranty of the accuracy and reliability of any information provided in their website or documentation. Positive Developments (SI) Ltd shall not be held liable for any losses caused by anyone’s reliance upon the accuracy and reliability of the information contained within.
We reserve the right to amend the content of our website and or our documentation at any time without prior notice.
We cannot accept any responsibility for other websites we do not control, which may be linked to or from our website.
It should be noted, that services and or products indicated in this website might be altered, modified or discontinued at any time without prior notice. It should also be noted that published fees for services, repairs and or products are subject to change without prior notice.
Positive Developments (SI) Ltd has the right, at their discretion, to refuse the supply of goods and services.
Positive Developments (SI) Ltd reserves the right to change its terms and conditions at any time without prior notice.