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Terms for Business Sales

These terms and conditions apply strictly to Business Users of this website.
1. Definitions
1.1 The company means located at Unit 8 Whisby Way, North Hykeham, Lincoln, LN6 3LQ.
1.2 The Customer means the account applicant or person who buys or agrees to buy goods from the company.
1.3 Conditions means the conditions of sale set out in this document and any special conditions agreed in writing and signed by a company director or the company secretary.
1.4 Goods means any goods or services offered for sale by the company from time to time.
2. General
2.1 Every quotation, pro-forma invoice, price list or similar document made or issued by company is made or issued subject to these general terms and conditions.
2.2 These conditions may not be modified or varied unless the agrees in writing, and the company shall not be deemed to accept these conditions nor waive any of these conditions by failing to object to provisions contained in any purchase order or other communication from the customer.
2.3 No person has the authority on behalf of the company to vary any condition except a company director or the company secretary and then only in writing signed by a company director or the company secretary.
2.4 No binding contract shall be created until the company has indicated it’s acceptance in writing or the company despatches the goods to the customer (whichever shall first occur).
2.5 The company at its absolute discretion may accept or reject any order whether on account of the equipment no longer available or for any other reason whatsoever.
2.6 Acceptance of delivery of goods shall be deemed conclusive evidence of the customers acceptance of these conditions.
3. Prices
3.1 The price shall be that on the company’s current price list (or if applicable, the price contained in the company’s quotation).
3.2 The company reserves the right to revise prices prior to dispatch of goods to reflect any direct or indirect increase in costs to the company but if the price has been paid in full prior to despatch no price revision may take place without the prior written agreement of the customer.
3.3 Where applicable value added tax will be charged at the rate applicable at the date of invoice.
3.4 In the case of consumer sales, payment must be made in full before the despatch of any goods.
3.5 In the case of other sales, payment is due in full on the terms of credit agreed which shall not be more than 30 days from the date of invoice. Time for the payment shall be of the essence and any failure to pay shall entitle the company at its opinion to treat the contract as repudiated by the customer or to delay delivery until paid (in addition to any other remedy).
3.6 If any act or proceedings shall be commenced in which the customer’s solvency is concerned, all moneys under any transaction covered by these conditions shall become immediately due and payable.
4. Interest on overdue invoices
4.1 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at 2% per calendar month both before and after judgement.
4.2 All invoices shall be paid in fill free from any deduction for any set off, counterclaim or otherwise howsoever.
5. Credit
5.1 Any contract shall be subject to the company being satisfied as to the customers credit worthiness and without generality to the foregoing the company may, in its absolute discretion having informed the customer that the goods are ready for delivery, refrain from delivering the goods until such time as the customer renders the purchase money to the company in a form satisfactory to the company.
5.2 Prospective customers wishing to open a credit account are requested to provide two trade references and one bank reference.
5.3 Until the opening of a credit account has been confirmed delivery will not be made unless payment has been received with order or made against the company’s pro-forma invoice.
6. Warranty and Liability
6.1 The company does not manufacture the goods (or where the goods comprise computer software does not publish the software) and subject to the conditions set out below the company sells the goods with the benefit of the manufacturer’s or publishers’ warranty (as the case may be).
6.2 The company will repair or replace, at its discretion, faulty equipment, it will be the customer’s liability to pay carriage charges for returning goods to the company’s premises.
6.3 All goods are covered by a 12 month repair warranty for parts and labour only from the date of purchase (unless otherwise stated). This warranty does not affect your statutory rights as a customer.
6.4 In the case where the equipment manufacturer offers on site warranty, the customer will be responsible for contacting the manufacturer or its agents directly to obtain the services required. The company will not be held responsible for the failure of the manufacturer or its agents to carry out the necessary repairs. The company will accept liability for defective goods only to the extent that the company is entitled to make a claim under the manufacturer’s or publishers’ warranty and obtain from the manufacturer or publisher a refund, credit or replacement in respect of the defective goods.
6.5 The company warrants that the goods will be at the time of delivery correspond to the description given by the company. Except where the customer is dealing as a consumer (as defined in the unfair contract terms act 1977, section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the goods, whether implied by statute common law or otherwise are excluded and the customer warrants that the customer is satisfied as to the suitability of the goods for the customer’s purpose.
6.6 Any special needs relating to the specifications or standards required by the customer must be made in writing prior to the purchase of the related goods from the company.
6.7 The company does not replace any faulty items in advance without first being able to examine the faulty item(s) for themselves.
6.8 This warranty does not apply to any defects in the goods arising from fair wear and tear, wilful damage, accident, negligence, by the customer or third party, use otherwise than recommended by the company, failure to follow the company’s’ instructions, or any alteration or repair carried out without the company’s approval.
6.9 Any claim that any Goods are not of the correct quantity or do not comply with their description shall be notified by the Customer to the Company in 7 days of their delivery
6.10 Any alleged defect shall be notified by the Customer to the Company in 7 days of the delivery of the Goods or in the case of any defect which is not reasonably apparent on inspection in 2 days of the defect coming to the Customer’s attention.
7. Damages, Loss or Shortages in transit
7.1 Any damage to goods in transit, or shortages, must be notified to the carriers immediately and to the company within 24 hours of receipt in writing by email or fax. Packaging must be held for inspection at a later date.
7.2 On receipt of your goods you will be asked to sign for the goods received in good condition. If you are unable to check the contents of the package at that moment in time please sign for the parcel as “CONTENTS UNCHECKED”. Failure to do so may affect your warranty claims that you make thereafter.
8. Compatibility
8.1 Goods are not supplied on a trial basis. Customers are responsible for verifying suitability and compatibility of equipment before purchasing it. Customers are encouraged to check with the manufacturer’s websites and current literature for the latest revisions and compatibility of such goods.
8.2 All software items supplied are subject to manufacturers licensing agreement. The seal must not be broken if the conditions of the licence are not acceptable.
9. Delivery
9.1 Whilst every reasonable effort shall be made to keep to any delivery date, time of delivery shall not be of the essence and the company shall not be liable for any losses, costs, damages or expenses incurred by the customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.
9.2 Unless otherwise agreed the company may deliver by installments and in such case each installment shall be treated as a separate contract and any delay, default or non delivery in respect of any installment by the company shall not entitle the customer to cancel the remainder of the contract.
9.3 Failure by the customer to pay for any installment or delivery when due shall entitle the company to withhold further deliveries and the customer shall be liable for any costs incurred by the company relating to such goods which the company is then entitled to withhold.
9.4 Delivery of the goods shall be made to customer’s address and the customer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
9.5 If you deliberately fail to take delivery of goods (otherwise that reasonable circumstances under control of the company) then without prejudice to any other right or remedy available to the company, the company may store the goods until actual delivery and charge a reasonable fee for storage, insurance and delivery costs.
10. Ownership and Risk
10.1 The risk in goods shall pass to the customer when a contract is made but kept at the company’s premises at the customer’s request.
10.2 The company remains the owner of the goods affected by the contract until the customer has paid in full for such goods.
10.3 If any payment due under these conditions is overdue in whole or in part, the company may without prejudice to any of its other rights recover and/or re-sell the goods or any of them and may enter the customer’s premises, with his permission hereby confirmed as a condition of contract, by its servants or agents to recover the goods and the customer shall be liable for all the company’s costs of so doing.
10.4 If the customer is a consumer and properly rejects any of the goods which are not in accordance with the contract, the customer shall nonetheless pay the full price for such goods unless the customer promptly gives notice of rejection to the company and at the customer’s cost return such goods to the company in good condition.
10.5 In the case of any other sale the customer shall inspect the goods immediately upon delivery and shall notify the company within seven days of delivery if the goods are damaged or do not comply with the contract. If the customer fails to do this, he is deemed to have accepted the goods.
10.6 Any goods in respect of which any claim or defect or damage is made shall be preserved by the customer intact together with the original packaging and either:
(a) Retained by the customer for a reasonable period to enable the company or its agent to inspect or collect the goods or
(b) At the company’s option returned by the customer to the company who will refund the cost of postage and packing to the customer if the goods are in fact defective.
11. Goods Returns
11. Unless the company at its discretion decides otherwise, if the company agrees to accept the return of any such goods, then
(a) A goods return number obtained from the company must be clearly shown on the returned parcels
(b) The goods to remain at the customer’s risk in all respects until received by the company. The customer will be liable for the cost of remedying any damage to the goods returned where such damage has, in the opinion of the company, been caused by the goods being inadequately packaged by the customer or through the customer’s fault.
(c) The company reserves the right to make a handling and restocking charge of 20% on goods which are returned if they were ordered in error or are no longer required
12. Force Majeure
12.1 The company will not be under any liability whatsoever in the event that the company is prevented or delayed from supplying or making delivery any goods by any reason or cause beyond the company’s control.
13. No waiver
13.1 The companies failure to insist upon strict performance of any provision of these conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the customer in performance or compliance with any of these conditions.
14. Liability
14.1 Except as may be implied by law where the customer is dealing as a consumer, in the event of any breach of these conditions by the company the remedies of the customer shall be limited to damages which shall in circumstances not exceed the price of the goods and the company shall under no circumstances be liable for any indirect, incidental or consequential damages.
14.2 Where the company supplies driver disks for the purpose of loading drivers for various hardware devices it is the responsibility of the customer to check for any viruses that may be on the disks before they load them to any machine, we cannot be held responsible for any loss of business due to viruses on drivers or any software.
15. Year 2000 Liability
15.1 The company makes no warranty or representation that any goods supplied by it are or will be Year 2000 compliant and any terms or conditions which may be implied by Common Law, Statute or otherwise to the contrary are hereby excluded to the fullest extent permitted by law. The company shall have no liability whether in contract, tort (including negligence) or otherwise to the customer for any loss, damage, costs, claims or liabilities whatsoever incurred or suffered by the customer which relate or are attributable either directly or indirectly to any goods supplied by the company to the customer not being Year 2000 compliant save to the extent that we have given specific written advice. For this purpose, goods are not Year 2000 compliant if either their performance or functionality is adversely affected by the advent of the Year 2000.
16. Dispute
16.1 In the event of dispute between the customer and the company, should the company request in writing, the customer agrees to submit the dispute to arbitration in accordance with the arbitration action for the time being in force as a legally binding alternative to court action.
17. Law and Jurisdiction
17.1 These Terms and Conditions shall in all respects be construed and interpreted in accordance with the Law of Contract in England and Wales notwithstanding the effect of the law of the European Union. Where the Company and the Customer have contracted to perform in England and Wales or Scotland the competent Court of Jurisdiction shall be the High Court of England and Wales. Where the Customer is resident in the European Union or EFTA, the Company may at its absolute discretion nominate the Court of the Customer’s member state to be the Court of competent jurisdiction under the Brussels Convention. Where the Customer is resident elsewhere the Company shall possess the absolute discretion as to the competent court or jurisdiction.
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