1. GENERAL: All orders are accepted and
goods supplied subject to the following express terms and conditions.
These conditions may not be modified or varied unless The Computer Doctors
Ltd (hereafter referred to as the company) agrees in writing, and the
company shall not be deemed to accept such other conditions nor waive
any of these conditions by failing to object to provisions contained
in any purchase order or other communications from the buyer. No person
has 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. No binding contract
shall be created until the company has indicated it's acceptance of
an order in writing.
2. SETTLEMENT TERMS: Where credit terms are allowed, terms of payment
are strictly net and payable 30 days from the date of the company's
invoice. No receipts will be issued against payments by cheque unless
specifically requested. The company, at its discretion, reserves the
right to implement charges (including interest charges) on accounts
outstanding beyond the time specified in this condition. A surcharge
of, the current Bank of England base rate plus 8% may be Implemented
if the payment due remains outstanding for a period of greater than
30 days after the date of the company's invoice. The rate of interest
charged shall be 1/12th of this amount per month from the due date until
payment is made. The company can exercise this right in addition to
any other rights it may have in respect of the goods non-payment. Where
goods are supplied in installments, each such installment, separate
installments, delivery or part shall be made as if the same constituted
a separate contract. Payment by the due date shall be of the essence
of the contract.
3. PRICES: All prices are subject to change without notice. Unless otherwise
agreed in writing, all orders are executed subject to prices ruling
at the date of dispatch and no price list of the company, whether published
or not, shall affect the right of the company to charge for goods in
accordance with this clause. In the event of any variation or suspension
of orders through the buyer's instructions or lack of instructions,
prices may be increased to cover any extra expenses thereby incurred
by the company. Where applicable value added tax will be charged at
the rate applicable at the date of invoice.
4. CREDIT: Any contract shall be subject to the company being satisfied
as to the buyers credit worthiness and without generality to the foregoing
the company may, in its absolute discretion having informed the buyer
that the goods are ready for delivery, refrain from delivering the goods
until such time as the buyer renders the purchase money to the company
in a form satisfactory to the company. Prospective customers wishing
to open a credit account are requested to furnish two trade references
and one banker's reference. 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.
5. ORDERS: Orders sent in confirmation of telephone instructions should
be clearly marked as such, otherwise any additional expense incurred
as a result of duplication of orders will be payable by the buyer.
6. CANCELLATION: Acceptance of cancellation of an order shall be at
the discretion of the company and any such acceptance may be subject
to payment by the buyer of a cancellation charge, representing the company
administrative costs involved. In certain instances where the company
has spent considerable effort in obtaining goods specially requested
for by the customer, the company may decide at its discretion not to
allow cancellation of such order.
7. DELIVERY: Delivery dates are given in good faith by the company to
indicate estimated delivery times but shall not amount to any contractual
obligation to deliver at the time stated. No liability for direct or
consequential loss or damage arising from delay in delivery will be
accepted by the company.
8. TITLE TO GOODS: The company and the buyer agree that until the company
has received fully cleared payment for the goods: a) Property in the
goods shall remain with the company and the buyer shall hold the goods
as a bailee and be fully accountable to the company in respect thereof
until such time as payment in full has been received by the company
for all goods supplied. b) As bailor of the goods, the company, by its
employees or agents, shall (without prejudice to the buyers continuing
fiduciary obligations) be entitled to enter upon or into any land, buildings
or vehicles where the goods, delivered to the buyer under this contract
together with any interest or any other sum payable in respect of the
goods under this contract, or part of them, are situated or are reasonably
thought to be situated, to retake possession of the same.
9. DESPATCH CHARGES: All orders will be subject to carriage charges.
Mainland UK charges are as stated in the company's current advertisements.
For other areas (including N. Ireland, Scottish Highlands, Channel Islands)
carriage charges can be obtained from the company. Special delivery
(within 24 hours) within the UK mainland may be arranged with the company
at an additional charge. This additional charge will not be refundable
in the event of any disagreement / dispute arising on that contract.
10. DAMAGE OR LOSS IN TRANSIT AND SHORTAGES: 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. Packaging
and contents must be held for inspection.
11. COMPATIBILITY: Goods are not supplied on a trial basis. Customers
are responsible for verifying suitability and compatibility of equipment
before purchasing it. All equipment with variable configuration is supplied
at a default configuration unless specified otherwise in writing or
so requested. All software items supplied are subject to Manufactures
licensing agreement the seal must not be broken if the conditions of
the license are not acceptable.
12. UNCOLLECTED ITEMS:The customer will be advised by telephone, or
other means, when items in our workshop for repair, upgrade or ordered
to be collected later, are ready for collection. Uncollected items will
be stored for a period of 60 days after which time the item will be
disposed of. Any monies due for repair, inspection or parts shall be
deemed to be a debt to the company and persued in the normal manner.
13. RETURNS: Return Merchandise
Authorisation (RMA) must be obtained from the company prior to returning
any item and within seven days of receipt. The returned item must be
accompanied by the relevant invoice / delivery note. The company accepts
no responsibility whatsoever for items returned without a RMA and the
relevant invoice / delivery note. Provided (a) the buyer returns the
item via a postal service that is recorded (i.e. the delivery is signed
for) or trackable online; and (b) the item is undamaged and in fully
resalable condition, the company will refund to the buyer, the full
purchase price including original postage costs if applicable. The company
will refund the buyers postage costs only if the returned items are
defective or significantly not as described, otherwise return postage
costs are made at the buyer’s expense. Software items will not
be accepted for return unless the goods are faulty or the shrink-wrap
or copyright seal is intact. All packaging material must be retained
until the goods are fully tested and functional. If for any reason the
goods are returned, they must be returned in their original packaging
material. All warranty repairs must be returned in the original packaging.
14. WARRANTY : Where the company does not manufacture the goods (or
where the goods comprise computer software and does not publish the
software) subject to the conditions set out below the company sells
the goods with the benefit of the manufacturer's or publisher's warranty(as
the case may be).
a) 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.
b) All goods are covered by a 12 month repair warranty for parts and
labour only from the date of purchase. All sub-assemblies which require
fitting into other equipment are covered by a 3 month repair warranty
for parts and labour only from the date of purchase, provided that the
item is correctly installed by a qualified technician. Repairs are made
on a best efforts basis.
c) In cases where the equipment manufacturer offers on site warranty,
the buyer 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 publisher's warranty and
obtain from the manufacturer or publisher a refund, credit, repair or
replacement in respect of the defective goods.
d) Non UK Mainland The customer will be responsible for all carriage
/ customs charges to get the defective equipment repaired / replaced
under warranty. Customers requiring continuous use of their equipment
are strongly recommended to undertake an on-site maintenance contract.
e) The company does not replace any faulty items in advance without
first being able to examine the faulty items for themselves.
f) Except where the buyer 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 products and whether implied by statute or common law or otherwise
are excluded.
g) Any special needs by the buyer from the company must say so in writing
as to what specifications or standards the buyer requires.
h) Damage caused to any returned goods which is due poor packaging is
the responsibility of the buyer.
15. CONSEQUENTIAL LOSS: The company's liability will be limited to the
value of the goods only and not for any consequential damages or losses
howsoever caused.
(a) Where the company supplies driver disks for the purpose of loading
drivers for various hardware devices it is the responsibility of the
buyer to check for any viruses that may be on the disks before they
load them to there machine, we cannot be held responsible for any loss
of business due to viruses on drivers or any software.
16. FORCE MAJEURE: The Company shall not be liable for any delay in
or failure to perform any of its obligations hereunder if the delay
or failure is due to causes outside the reasonable control of the company.
17. BANKRUPTCY :In the event of the buyer committing any breach of contract
with the company or if any distress or execution is levied upon the
goods of the buyer or if the buyer offers to make any arrangement with
or for the benefit of the buyer's creditors or commits any act of bankruptcy
or, being a limited company, has a receiver appointed of its undertaking
or assets or any part thereof or, for the purpose of a reconstruction
or amalgamation without insolvency, goes into liquidation, the company
shall thereupon be entitled without prejudice to other rights forthwith
to suspend all further deliveries until the fault has been made good
or to determine the contract or any unfulfilled part thereof, at the
company's option to make partial deliveries.
18. LEGAL CONSTRUCTION : Unless otherwise agreed by the company in writing,
these conditions and the agreement to which this document relates shall
in all respects be constructed and operate as an English contract in
conformity with English law.
Onsite warranty applies only to our
coverage area.