NASCR National Association of Specialist Computer Retailers

INTRODUCTION

This Association has traditionally required a high standard of commercial and technical competence amongst its members and for many years has provided customers with service rated as second to none. Member companies in NASCR are conscious of their obligation to their customers and continue to meet it willingly as part of a standard of good retailing. While in the vast majority of cases, the sale and servicing of electrical and electronic equipment is performed accurately, promptly, courteously and effectively, this Code of Practice has been drawn up by NASCR to govern the conduct of NASCR members in their day to day dealings with customers. The efficient operation of this Code is also dependent upon the support of manufacturers and wholesalers in the supply of products, spares and service facilities. The NASCR constitution contains provisions for the enforcement of the Code by the Committee of NASCR. In the event that a Member's behaviour to a customer is proved to the satisfaction of the Committee to have fallen below the standards set by the Code, the measures which may be imposed are a warning or termination of Membership of NASCR pursuant to the provisions of the byelaws of the Association.

AIMS AND OBJECTIVES

There is an identity of interest between customer and the responsible Member to receive and to give good sales and after sales service. That service should ensure to be efficient, reliable, courteous and fair. The purpose of this Code is to set out the principles that members of the National Association of Specialist Computer Retailers shall adopt to achieve that end and to provide a conciliation procedure for use, if necessary. The Code does not detract or attempt to detract from, and is over and above, the legal rights of customers, of which the minimum level of service may be in excess. The Member Company will not stock or sell any goods* which he cannot either service himself or arrange to have serviced by another organization. *This does not apply to such goods as batteries, transistors and other components, which, because of their nature, are not capable of being serviced

All members of the Association must comply at all times with current legislation which affects their business. Failure to do so will result in expulsion from the Association.

1. PRICING AND DISCOUNTS

1.1 All goods to be sold at any point of sale (including the internet, tele sales, or by mail order) will have a clear indication of the cash price at which they are offered for sale.

1.2 The Member Company will at all times do everything possible to ensure that any customer who may have been charged too high a price arising from an error in his shop will have any excess charge refunded, when proven to the Member Company's satisfaction.

1.3 Any Member Company wishing to add a surcharge for payment by cheque or credit card, or restrict the acceptance of cheque/credit card under a certain value, MUST clearly display this.

1.4 The Member Company will make clear at the point of sale, the exact terms of the contract for the goods, including any taxes (VAT), additional costs for delivery, installation and commissioning of the goods.

1.5 Imprecise comparisons, with claims of "worth", "value" and "price elsewhere" are not to be used. Any price comparison must be meaningful e.g. comparative with another company's price.

2. DEPOSITS

2.1 Any Member Company who accepts an advance payment or deposit for goods shall indicate the period during which the delivery of the goods will be made to the customer. If delivery is not made to the customer within this period then the Member Company shall offer the customer the option of a refund.

2.2 Failure by the customer to perform his contractual obligation to pay the balance of the purchase price may give the Member Company the legal right to retain some or all of the deposit to compensate for his loss - if a deposit is taken it must be made clear to the customer where they may loose all or part of the deposit and under what condition.

2.3 A Member Company must protect all deposits or prepayments, and in the case of a refund, return promptly i.e. within fourteen days.

3. THE SALE

3.1 The Member Company will give the customer as much information as possible about the goods and where appropriate, this will include such items as: Correct method of unpacking; Correct pre-usage checks; Correct method of installation; Correct usage; Details of additional guarantees (which will be given in writing) and service; Indication of the correct mains plug fuse value. The Member Company will provide the manufacturer's handbook or instructions wherever possible.
Second user equipment must include safety instructions, voltage and moulded plugs

3.2 When work is not carried out by the Member Company or by his appointed agent, the Member Company will advise his customers of the limitation of his responsibility for loss or damage resulting from such matters as faulty installation.

3.3 The Member Company will provide customers with documentary evidence of proof of purchase and the date. Customers are to be advised to keep such documentary evidence and if possible to produce it when asking for service or making any complaint about the goods.

3.4 The Member Company will ensure that the goods he stocks are manufactured to the relevant safety standards. If a Member is made aware of an item that may be electrically or mechanically dangerous the Member Company will, wherever possible, take steps to contact customers so that the merchandise can be modified or exchanged.

3.5 Where the product does not comply with the Sale of Goods Act 1979 (as amended), i.e. is not of satisfactory quality, fit for purpose or as described, the customer, upon request, will be offered a repair or replacement or failing that a partial or full refund as required by civil law.

If goods do not comply as above at any time within the first 6 months from date of delivery it is presumed that they did not conform at the time of delivery. In such cases the burden of proof lies with the Member Company if it is argued that the goods did conform to the contract on the day of delivery.

After 6 months the burden of proof reverts back to the customer.

INTERNET, TELE SALES OR MAIL ORDER

3.6 When a Member Company carries out sales via Internet sites or operates tele sales will provide the following information prior to the actual sale taking place;
a/ The Member's name and if payment is required in advance, his address.
b/ A description of the goods and services.
c/ The price including all taxes (VAT).
d/ Delivery costs where they apply.
e/ Arrangements for payments and for delivery of goods or performance of services. (Where no date is specified, this must be within 30 days of the order).
f/ The right to a cooling off period of seven days during which time the customer may cancel the order, unless the goods are cd, dvd, tapes with software, audio or video on which the seal has been broken, or where the goods are made to the customer's specifications or clearly personalized.
Note: These cancellation rights are over and above those that a customer may have where goods are defective. Note: The seven day cooling off period begins at the time the customer receives the goods, or where services, seven working days after the order was made.
g/ Cost of any calls to premium line numbers.
h/ The length of any offer for which the price remains valid.
i/ The minimum duration of the contract. (Where the contract is to supply goods or services continuously e.g. Internet service providers).
j/ If the Member Company wishes to provide alternative goods or services when the original goods or services are not available, then the customer must be told of this in advance. Any costs in returning these goods will be borne by the Member Company.
k/ After the contract has been made the Member Company will provide the customer with the information as noted in (a) to (f) above in a durable form. i.e. fax or email. This information should also include details of the customer's rights to cancel.
l/ The customer will be advised that his option to cancel must be made in writing to the Member Company.
m/ Where a customer cancels his contract by way of his cancellation rights, all moneys paid will be refunded to him within 30 days of the date when the notice of cancellation was given.
n/ If payment for the goods and services was made by the customer using a regulated credit agreement, the cancellation notice will have the effect of cancelling the credit agreement as well.
o/ Responsibility for the goods remains with the Member Company during transit and will not fall on the customer until they have taken delivery of the goods.

4. MEMBER COMPANY WARRANTY

4.1 Without detracting from the customer's legal rights including those under the Sale of Goods Act 1979 (as amended) and associated legislation, the Member Company shall guarantee (in writing) new goods for both parts and labour for a period of not less than twelve months from the date of purchase and this shall apply even if the manufacturer's guarantee is for a shorter period.

4.2 The Member Company warranty given under 4.1 does not apply in the following respects: a/ Damage or faults caused by customer misuse, negligence or failure to adhere to the manufacturers or Member Company instructions.

b/ Certain goods, consumables, and replaceable parts that may have a limited life span (e.g. inkjet cartridges, laser toner and drums, fuses, lamps, drive belts, recordable CDs and batteries).

4.3 The terms of any warranty given will be clearly set out at the time of sale. 4.4 If during the warranty period the Member Company is unable to effect a repair within fifteen working days from date of notification of defect he will, by the expiration of such period, endeavour to lend the same or a similar item to the customer. If the Member Company finds that it is impracticable to lend such an item, he shall always extend the period of the original warranty by the period of time during which the customer was without the use of the item.

4.5 All freely given warranties are legally binding and take effect from the time of delivery. Any Member Warranty will be intelligible and in English and include essential particulars necessary for making a claim. Details of warranties will be made available before purchase. Other manufacturers warranties will be made available for comparison if requested by the customer.

5. ADVERTISING

5.1 The Member Company's advertisements shall be clear and honest and in accordance with any statutory requirements and the British Code of Advertising Practice.

5.2 Any public statement on the specific characteristics of the goods made about them by the Member Company, the producer or his representative, particularly in advertising or on labelling will be factually correct.

6. REPAIRS AND SERVICING

6.1 The Member Company will upon request, advise customers of their own conditions for the servicing and repair of products. Field service repairs, which cannot be completed at the time of the first visit, should be completed normally within fifteen working days from the date of the first visit. In the case of workshop repairs, manpower and facilities should be calculated to achieve completion of a majority of all repairs within five working days from the date of receipt of the product in the workshop. Completion of repairs will be dependent upon availability of spares, normal working conditions and maintenance of electricity supply and transmissions. If the retailer finds there will be an undue delay in performing the repair, he will notify his customer of this, giving the reason for delay.

6.2 The Member Company will make clear the exact terms of the contract for any repairs or servicing work to be carried out. Customers leaving items for repair will be given an estimate for the work. Should this be likely to be exceeded, the customer will be contacted and informed and offered the option of cancelling the contract. Invoices should be clearly presented showing details of the work carried out; the materials used and VAT charged, if the Member Company is registered for VAT.

6.3 The Company will accept for repair or service goods that he has sold but may not be able to accept for repair or service goods purchased from other sources. The Company will encourage customers to return faulty goods to his workshop where practicable. If the customer is entitled to and requests a visit to his home, the Company shall ask the customer to provide as much of the following information as possible in order to identify these goods, expedite the repair and minimize costs:

i) Make of appliance
ii) Model number
iii) Serial number
iv) Description of fault
v) Name of purchaser
vi) Address where the equipment is located (indicating any special difficulties)
vii) A suitable time for the engineer to call, giving working day alternative am/pm
viii) Whether it is an in-warranty fault, out of warranty fault or service call for maintenance. The customer must be advised in advance of any call out charges.

6.4 When preferential services are available from the Manufacturer for in warranty repairs, the Member Company will whenever possible, advise the customer.

6.5 If the Member Company cannot service the goods, the customer will be advised of the best course of action.

6.6 Where goods are handed in or collected for repair or service, the Member Company shall provide the customer with a receipt.

6.7 When a request for service is received from the customer, the Member Company shall advise the customer of any minimum service charge, which is to be made. At the same time the customer shall be informed of payment arrangements for any service call, inspection or repair.

6.8 Should the fault not be repaired either in the workshop or in situ, the engineer or Member Company will report the suspected fault to the customer and the reasons why a repair has not been effected. Reference should be made to one or more of the following categories:

i) Lack of spare parts
ii) The equipment requires major repair
iii) Unable to trace defect
iv) Several other important defects are apparent
v) Appliance unsafe (mechanical, electrical, electronic or physical)
vi) Appliance is beyond economical repair
vii) Appliance not worth repairing due to age or hazardous faults
The provisions of section 4 of this Code apply in the case of in- warranty repairs on goods referred to therein.

7. WHERE THE MEMBER COMPANY IS NOT THE SERVICE AGENT

7.1 Some manufacturers allow only their service engineers to perform In-warranty work. Where this situation arises, although the Member Company fully accepts his responsibility under the law, he is not in a position to provide service. The customer must be advised if any service work carried out would invalidate any part of the manufacturer's warranty.

7.2 The Company undertakes where in-guarantee service is required, to provide the customer with the name, address and telephone number of the manufacturer or service agent. In appropriate circumstances the Member Company will accept the goods brought in by the customer for return to the manufacturer or service agent for service.

7.3 The Member Company also undertakes, where the manufacturer fails to provide an adequate service to his customer to use his best endeavours to procure such a service for his customer and if necessary to enlist the assistance of NASCR.

8. DELAYED, CANCELLED OR ABORTIVE CALLS

8.1 Where the Member Company has agreed to an appointment that has to be cancelled through circumstances beyond the normal control of the Member Company business, he will advise the customer of any change in call times.

9. WARRANTY OF REPAIRS ON PRODUCTS OUTSIDE NORMAL WARRANTY PERIOD

A specific repair performed by the Member Company will be guaranteed both in parts supplied and fitted and in workmanship for a minimum period of ninety days from the date the customer is made aware it is ready for collection. This guarantee shall not detract from the legal rights of the customer.

10. ESTIMATES

The Member Company shall offer to provide customers with estimates of the cost of all major repairs. The customer shall be advised in advance whether or not the estimate is free and that circumstances may require its variation. The customer shall be advised that if the equipment is beyond economic repair, or if he is unable to accept the estimate, the Member Company may not be able to return the goods in the condition in which they were originally received. Where a quotation for repair work is provided, as distinct from an estimate, both parties should realize that the acceptance of a quotation constitutes a contract embodying the terms of the quotation.

11. SPARE PARTS

11.1 The Member Company will make every effort to keep a comprehensive stock of commonly used parts. With the increasing complexity of modern goods and a vast overall range of spares, the Member Company, unless exceptional circumstances prevail, will be unable to stock all spares.

11.2 Spares other than these will therefore be drawn from the Member Company suppliers and the Member Company will use his best endeavours to ensure a swift delivery.

11.3 Replacement parts may only be available by special order from the manufacturer and the Member Company may request payment with order for replacements on goods out of warranty.

12. CONCILIATION SERVICES

12.1 There is no doubt that the vast majority of sales and or service calls are performed satisfactorily. Situations will arise, however, when either the customer or the Member Company feels he has been unfairly treated by either the other party or by a supplier.

12.2 Customers with a complaint should always be encouraged to return to the Member Company or service agent. The Member Company or service agent should examine the matter speedily and sympathetically and must take decisive action if justification is established.

12.3 Disputes are usually local matters and customers who are dissatisfied with the Member Company can be referred to the local Trading Standards Officer. Consumer Advice Centre or Citizens' Advice Bureau. Each customer or Company, however, shall also have the right to apply for assistance, in writing, to the Chief Executive Officer of the Association. A Member Company should at all times try and approach their local Trading Standards Office to help resolve problems.

12.4 If the Chief Executive Officer is unable to resolve the complaint it may be referred to the NASCR Committee.

12.5 The Chief Executive Officer, and the customer will be advised of the Committee's decision and the Member of NASCR will honour any award or action recommended by the Committee, based on the Association's Code of Ethics and Code of Practice, within 28 days, provided that the customer also fully accepts the recommendations of the Committee. The Member Company will be given automatic expulsion if it does not adhere to the decision.

12.6 The Chief Executive Officer of NASCR will prepare an annual report on the disputes referred to the Committee. Copies of the report will be submitted to the Trading Standards Office and The Office of Fair Trading .

13. USE OF COURTS

The customer can of course at any stage pursue his normal legal rights and seek redress from the County Courts in England and Wales or the Sheriff Court in Scotland. The simple arbitration procedure now available in the County Courts in England and Wales may be suitable for settling the dispute if the customer is not satisfied with the award or action recommended by the NASCR Committee. NASCR will advise the customer of the availability of the courts to resolve the complaint.

14. MONITORING

The Association will monitor the compliance of its members with the Code of Practice and discuss with a Member any persistent breach of any provisions. The Association will write to a number of the Member Company customers each year to ensure that all efforts are being made to achieve the standards and principles set out in the Code. Each year details of cases dealt with will be made available to the Trading Standards Office and The Office of Fair Trading.

15. MEMBER COMPANY

15.1 A Member Company must ensure all staff are trained in the knowledge of the workings of the Code.

15.2 A Member Company shall offer maximum co-operation with local consumer advisers or any other intermediary consulted by the consumer

15.3 A Member Company will display the Code of Practise, and on request, and without charge, be available to all either on a website or in hard copy

MEMBER - A fully paid up Individual, Partnership, Company or PLC which has passed the joining criteria as defined in the Code of Ethics issued by NASCR

NASCR - National Association of Specialist Computer Retailers

The NASCR Code of Practice will be reviewed bi annually, and/or subject to change within the current legislation.

THE NASCR CODE OF PRACTICE HAS BEEN PREPARED IN CONJUNCTION WITH LINCOLNSHIRE TRADING STANDARDS TO WHOM WE OWE OUR THANKS