| TERMS & CONDITIONS OF SALE OF 3d COMPUTER
SYSTEMS LTD ("THE COMPANY")
1. GENERAL
Quotations are made and all orders accepted subject to the following conditions.
No terms and/or conditions, which the buyer may seek to impose, shall
apply or have effect.
2. ORDERS
The company reserve the right at any time to refuse orders and cancel
any incomplete order or to suspend delivery, due to circumstances outside
its direct control. No contract shall arise between the Company and the
Buyer unless and until the Buyer has accepted these Terms and Conditions
either expressly in writing or verbally or by implication. The Company
may cancel this Agreement by giving written notice in the event that:
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(a) any invoice for the sale of the Company goods is overdue for payment.
(b) the manufacturer of the goods increases the price to the company.
(c) for reasons beyond the control of the Company, it is unable to effect
delivery following termination of the manufacturers goods: or it is unable
to effect delivery due to insufficient supply of goods from the manufacturer.
On giving such notice, the Company shall promptly repay to the Buyer any
sums paid in respect of the price.
The Company shall not be liable for any loss or damage whatsoever arising
from such cancellation. A charge of up to 40% of the order price will
be made should the Customer cancel the order without written agreement
of the Company.
3. PRICES, PRICE LISTS AND QUOTATIONS
The prices shown in our price lists/ quotations are those ruling at the
time of printing and are therefore subject to alteration without notice.
Goods & services will be invoiced at prices ruling at the time of
delivery. Please note service charges i.e. on site engineer's charges
& consultancy charges are not refundable under any circumstances.
Quotations are made at current prices on an ex-works, ex-VAT basis and
are exclusive of the packaging, carriage, insurance, and unloading. Quotations
are for acceptance within 7 Days from the date of quotation and unless
accepted within this period will be deemed to have been withdrawn.
4. DELIVERY
The delivery period will commence on the receipt by the Company of a written
order, accompanied by sufficient information to proceed with the order.
The time of delivery is an estimate only and the Company shall use its
reasonable endeavour to supply the goods before the expected date. The
place for delivery of the goods will be notified to the company by the
Buyer. However the Company shall have no liability in the respect of failure
to deliver or perform or delay in delivery of performing the obligation
under this Agreement arising from any cause whatsoever, the time of delivery
shall not be of the essence.
The Buyer shall inspect the goods on delivery and shall
within 3 Days of Delivery notify the Company of any alleged defect in
the goods. The Buyer shall notify the Company of any non-delivery within
7 working days from the date on which the goods were expected to be delivered.
The Buyer shall give the Company an opportunity to inspect the goods within
a reasonable time following delivery and before any use is made of them.
If the Buyer shall fail to comply with these provisions the goods shall
be conclusively presumed to be in accordance with the contract and free
from any defect or damage and the Buyer shall be deemed to have accepted
the goods. The Buyer shall notify the Company of any shortage of quantity
or damage to the goods or any alleged failure to comply with its description
within 2 working days of receipt. Goods, which have been damaged in transit,
must be returned by the Buyer with the original packaging kept intact
for the Company's insurance purposes.All delivery charges are to mainland uk only, Additionl charges will be confirmed via email if the order on the website is placed outside the uk.
5. DEFECTIVE GOODS
(a) The liability of the company is strictly limited to the replacement,
repair or credit note to the Invoiced value of the defective items at
the discretion of the Company. The Company's maximum liability under or
arising from this Agreement shall be limited to the sum equivalent to
the Invoice price of the goods. The Company shall not be liable for any
claim, whether arising in contract, tort or otherwise for consequential,
economic, special or other indirect loss. The Buyer accepts that the limitations
and exclusions set out herein are reasonable having regard to all the
circumstances including, without limitation, the price of the goods. Without
exception the company does accept liability for loss of data or interruption
of services under any circumstances.
(b) Except otherwise provided in this Agreement, all warranties, representations,
terms and conditions, whether express or implied, written or oral, are
hereby expressly excluded to the fullest extent permitted by law.
6. RETURN OF GOODS
No goods delivered to the buyer, which in accordance with the contract
will be accepted for return without prior written approval of the Company
on terms to be determined at the absolute discretion of the Company. If
the Company agrees to accept any such goods for return, the Buyer shall
be liable to pay a handling charge of 15% of the invoice price. Such goods
must be returned by the Buyer carriage paid to the Company in their Original
Packaging including all manuals, leads and disks and any such other materials
originally supplied by the Company.
7. GUARANTEE
All new goods are guaranteed by a minimum 12 Month Manufacturers Warranty.
During this period the goods will be replaced free of charge provided
that:-
(a) the warranty void sticker have not been removed or tampered with,
(b) the product has not been tampered with, handled carelessly, found
to be static damaged or misused. (c) repairs have not been carried out
or attempted other than those by the Company's authorised engineer. (d)
the product is returned to the Company with evidence of the purchase.,
(e) the product was purchased by Buyer,(f) the product is certified by
the Company as being defective and, (g) a valid returns number is received
from the Company. Third Party Products such as pre built servers &
computer systems are subject to the respective manufacturers' warranty
and claim procedures. Computers built by 3d are supplied with a 3-year
warranty, 12 months for parts and labour return to base. The warranty
does not cover software & media. This guarantee does not confer any
right other than those expressly set out above and does not cover any
claims for consequential loss and damage. This guarantee is offered as
an extra benefit and does not affect your statutory rights.
8. PAYMENT-CREDIT TERMS
All payments are COD or Proforma and/or cleared funds and any such credit
terms are subject to the Company's approval and then only for 30 Days
nett from the date of the invoice, the credit facility may be withdrawn
at the discretion of the Company. Time for payment shall be deemed to
be of the essence of the contract and payment shall be made in accordance
with the credit terms in full without any right to set of, deduction or
withholding whatsoever. The Company reserve the right to charge interest
on any outstanding balances at the current base rate of HSBC plus 4% until
payment in full has been received. The provision of hardware/software
support shall be conditional upon the customer paying the invoice wether
due under this agreement or otherwise invoiced. If any of these amounts
are outstanding, 3d Computer Systems reserve the right to withdraw the
provision of support forthwith.
9. TITLE
Legal and beneficial title in the goods shall remain in the Company and
the Buyer shall hold the goods in a fiduciary capacity as bailee of the
Company until such time as payment in full has been received by the Company
for the goods and all sums due to the Company by the Buyer under all Agreements
between them. Risk in the goods shall pass to the Buyer on delivery to
the Buyer. The Company shall be entitled to recover from the Buyer any
goods for which payment has not been received when due, and enter upon
the premises of the Buyer where the goods are situated or are reasonably
thought to be situated to repossess such goods. Where the Buyer has purported
to re-sell the goods before the property in them has passed to him, the
proceeds of such purported re-sale shall be held in trust for the Company
in the name of the Company in a bank account separate from all other monies
of the Buyer.
10. RETURNED AND DISHONOURED CHEQUES
The Company reserve the right charge £50.00 for all unpaid items
either returned or represented at the Company's bank. Any outstanding
account balance will become immediately due for payment in full by cash
or banker draft.
Acceptance of Term & Condition of supply: I/We accept that ownership
of all goods /services remain the property of 3d Computer Systems Ltd
until paid in full and agree to the terms and conditions as above:
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