| 1 |
Definitions |
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1.1 |
"Buyer" means the person who buys or agrees
to buy the goods from the Seller. |
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1.2 |
"Conditions" means the terms and conditions
of sale set out in this document and any special terms
and conditions agreed in writing by the Seller. |
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1.3 |
"Delivery Date" means the date specified by
the Seller when the goods are to be delivered. |
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1.4 |
"Goods" means the articles that the Buyer agrees
to buy from the Seller. |
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1.5 |
"Services" means the services that the Buyer
agrees to buy from the Seller. |
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1.6 |
"Price" means the price for the goods excluding
carriage, packing, insurance and VAT. |
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1.7 |
"Provider" means the internet service provision
to the Buyer from the Seller, that being - web hosting,
ADSL - broadband and 56K and or ISDN dialup. |
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1.8 |
"Seller" means APEX Computer Technology |
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| 2 |
Conditions applicable |
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2.1 |
These conditions shall apply to all contracts
for the sale of Goods or Services by the Seller to the
Buyer to the exclusion of all their terms and conditions
including any terms and conditions which the Buyer may
purport to apply under any purchase order, confirmation
of order or similar document. All orders for Goods shall
be deemed to be an offer by the Buyer to purchase Goods
and Services pursuant to these Conditions |
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2.2 |
Acceptance of delivery of Goods shall be deemed conclusive
evidence of the Buyer's acceptance of these Conditions. |
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2.3 |
Any variation to these Conditions (including any special
terms and conditions agreed between the parties) shall
be inapplicable unless agreed in writing by the Seller. |
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| 3 |
The Price and Payment |
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3.1 |
The price shall be the Seller's quoted price. The price
is exclusive of VAT (unless otherwise stated), which shall
be due at the rate ruling on the date of the Seller's invoice.
The Seller reserves the right to amend prices at any time
without prior notice. Errors and omissions are excepted. |
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3.2 |
Payment of the price and VAT shall be due and payable
on the date of the invoice. Time for payment shall be of
the essence. |
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3.3 |
Overdue invoices shall accrue interest from the date
when payment becomes due from day to day until the date
of payment at a rate of 4% above UK Bank base rate from
time to time in force and shall accrue at such a rate after
as well as before any judgement. Additional surcharges
over and above interest charges may be applicable if the
overdue invoice exceeds 30 days and recovery proceedings
are initiated - payment of late invoices after initiation
of proceeding to recover such debt will still incur additional
charges to cover the costs of recovery of the debt. |
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3.4 |
Disputes over payment must be made in writing within
14 days of delivery of the goods or services provided.
APEX Computer Technology must be given all reasonable
opportunity and time to correct errors or remaining problems
with
the delivered goods or services. APEX Computer Technology
Ltd reserve the right to enforce recovery of outstanding
owed monies regardless of the final outcome of the dispute.
Notification of issues after 14 days from delivery will require
full payment regardless, APEX Computer Technology Ltd will respond to
the notification of a problem after this time period with all reasonable
haste and professionalism in an effort to solve the issue.
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| 4 |
Orders |
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4.1 |
Written confirmation of telephone orders must be clearly
marked as such. In default the Seller shall not be held
responsible for duplication of an order. |
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4.2 |
In the event the buyer wishes to cancel an order the
Seller reserves the right to apply a cancellation charge.
The buyer must obtain a cancellation number from the Seller. |
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| 5 |
The Goods |
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5.1 |
The quantity and description of the goods shall be as
set out in the Seller's quotation. Errors and omissions
excepted |
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5.2 |
The buyer will ensure that the goods purchased are suitable
and compatible with his requirements |
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| 6 |
Warranties and liability |
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6.1 |
The Seller warrants that the Goods at the time of delivery
correspond to the description given by the Seller. 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 Goods and
whether implied by statute or common law or otherwise are
excluded. |
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6.2 |
Where the Buyer is dealing as a consumer (as defined
in the Unfair Contracts Term Act 1977 Section 12) the Seller
will replace, repair or refund strictly at the Seller's
option any item found to be faulty within twelve months
from the original invoice date, provided that the goods
are returned to the Seller in accordance with the 'Returns
Policy' Clause and the goods have not been misused, tampered
with, improper application, neglected and/or physically
damaged. Normal wear and tear on consumables will not be
covered by the warranty i.e. mouse, joystick. The replacement
will be to the original specification or above at the Sellers
discretion. No refund shall be given unless the goods are
returned to the Seller, with all documentation, software
and accessories in the original packaging. |
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6.2.1 The warranty period between the
Buyer and the Seller is strictly 12 months. Under no circumstances
can this warranty be extended and warranties given by the
manufacturer, dealer or any other party is expressly excluded
from this contract between the Buyer and Seller. |
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6.3 |
In the case of hard drives that require replacement,
these shall be to the same capacity or higher and not necessarily
of the same specification or manufacturer. |
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6.3.1 CD-ROMs are sold as 40x, 44x,
52x etc. and a warranty replacement will be of the same
type, i.e. a 44x will be replaced by a 44x and this replacement
may not necessarily be of the same make as the original
unit. |
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6.4 |
If a faulty item is to be repaired then the Seller may
take a reasonable time to effect such repair, which may
include the time taken to return it to the original supplier.
The Seller shall not be liable for any loss incurred whilst
the goods are being repaired and tested. |
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6.5 |
The Buyer shall take necessary precautions to back-up
the data, the Seller shall not be liable for any loss of
data resulting from equipment failure or any repair/upgrade
work performed on the Buyers hardware. |
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6.6 |
The buyer shall take necessary Anti-Static precautions
when handling any electronic component. Any damage as a
result of improper handling will void any warranty. |
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| 7 |
Returns Policy |
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7.1 |
The Buyer shall obtain a Returns Material Authorisation
number (RMA) from the Seller before returning any goods.
Goods received without a valid RMA no. will not be dealt
with but stored until the seller is contacted by the buyer
for the required information. |
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7.2 |
The Buyer shall quote the sales invoice number and the
serial number on which the goods were purchased, upon verification
by the Seller, the Seller shall issue a RMA no. which shall
be valid for a period of thirty days. |
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7.3 |
The goods shall be returned to the Seller at the Buyers
expense, sufficiently packaged so as to avoid damage in
transit, with the original documentation, software and
accessories. A valid RMA no. should be clearly displayed
on the outside of the package. The Seller shall not be
liable for loss or damage whilst in transit to the Seller's
address. |
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7.4 |
If the Buyer returns the goods in person, these goods
must be left with the Seller for testing. Goods will not
necessarily be tested whilst the customer waits .An RMA
number will be issued upon receipt of the sales invoice
number. No goods can be left without proof of purchase. |
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7.5 |
Upon receipt of the goods by the Seller, the Seller
shall repair or replace at the Sellers discretion and shall
be returned to the Buyers original invoice address. Goods
received by the Seller which are damaged, incomplete or
not of the Seller's origin shall not be processed and arrangements
for their return to the Buyer, at the Buyer's expense,
shall be made. |
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7.6 |
In the event that the goods are returned and subsequently
tested and found to be free of any faults the Seller shall
make a minimum charge of £15.00 plus VAT and the
return carriage charge. No goods shall be returned without
payment of these charges. In the event that payment has
not been made within 21 days of notification of the no
fault found charge, the goods shall be disposed of without
any liability to the Seller. |
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7.7 |
The Seller shall reserve the right to refuse to restock
any goods which have been:- |
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i) Supplied in accordance with the Buyers order. |
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ii) Returned incomplete. |
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iii) Returned not in manufacturers packaging or defaced
packaging.
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iv) Returned in a non-re-saleable condition.
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7.8 |
Goods that are returned for restocking will be charged
a minimum of 10% restocking fee (min. £5 plus VAT)
and a testing charge of £5.00 plus VAT. The Seller
shall reserve the right to refuse to restock any goods
which are incomplete and/or not in their original packaging. |
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| 8 |
Out Of Warranty Repair & Upgrades |
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8.1 |
Where a Buyer authorised the Seller to carry out repair
work not covered under any warranty or upgrades; The warranty
shall apply only to the parts fitted to the system at this
time and not the full system or any other part of the system.
The warranty on parts fitted at time of upgrade shall be
in accordance with the sellers standard component return
to base warranty detailed in clause 6 & 7. |
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8.2 |
The period of labour warranty is 14 days from the date
of the purchase invoice |
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| 9 |
Delivery of Goods |
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9.1 |
Delivery of Goods shall be made to the Buyer's address
on the Delivery Date. The Buyer shall make all arrangements
necessary to take delivery of the Goods whenever they are
tendered for delivery. |
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9.2 |
Where the goods are being dispatched via a carrier the
time quoted shall be for a nominal service and not guaranteed
within a time scale. No refund in full or part shall be
offered as a result of late delivery by the carrier. |
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| 10 |
Acceptance of Goods |
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10.1 |
The Buyer shall be deemed to have accepted Goods 24 hours
after delivery to the Buyer. |
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10.2 |
The Buyer shall advise in writing within 2 days of receipt
of the Goods any discrepancies in specification from the
Goods ordered, after which it shall be deemed acceptance
of the goods as the specification supplied. After this
period, the Buyer shall not be entitled to reject Goods
that are not in accordance with the Contract. |
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10.3 |
The Seller will not consider any claims for shortage
of delivery or damage in transit unless written notice
is given to the carrier and Seller within 2 days of the
receipt of goods. In this condition time shall be deemed
to be of the essence. |
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| 11 |
Title and risk |
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11.1 |
The Goods shall be at the Buyer's risk as from delivery. |
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11.2 |
In spite of delivery having been made, property in the
Goods shall not pass from the Seller until; |
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11.2.1 the Buyer shall have paid the price plus VAT in
full |
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11.2.2 no other sums whatever shall be due from the Buyer
to the Seller |
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11.3 |
Until property in the Goods passes to the Buyer in accordance
with Clause 11.2 the Buyer shall hold the Goods and each
of them on fiduciary basis as bailee for the Seller. The
Buyer shall store the Goods (at no cost to the Seller)
separately from all other goods in its possession and marked
in such a way that they are clearly identified as the Seller's
property. |
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11.4 |
Notwithstanding that the Goods (or any of them) remain
the property of the Seller the Buyer may sell or use the
Goods in the ordinary course of the Buyer's business at
full market value for the account of the Seller. Any such
sale or dealing shall be a sale or use of the Seller's
property by the Buyer's own behalf and the Buyer shall
deal as principal when making such sales or dealings. Until
property in the Goods passes from the Seller, the entire
proceeds of sale or otherwise of the Goods shall be held
in trust for the Seller and shall not be mixed with other
money or paid into any overdrawn bank account and shall
be at all material times identified as the Seller's money. |
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11.5 |
The Seller shall be entitled to recover the price (plus
VAT) notwithstanding that the property in any Goods has
not passed from the Seller. |
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11.6 |
Until such time as property in the Goods passes from
the Seller to the Buyer shall upon request deliver up to
such of the Goods as have not ceased to be in existence
or resold to the Seller. If the Buyer fails to do so the
Seller may enter upon any premises owned occupied or controlled
by the Buyer where the Goods are situated and repossess
the Goods. On the making of such request the rights of
the Buyer under Clause 11.4 shall cease. |
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11.7 |
The Buyer shall not pledge or in any way charge by way
of security for and indebtedness any of the Goods which
are the Property of the Seller. Without prejudice to the
other rights of the Seller, if the Buyer does so all sums
whatever owing by the Buyer to the Seller forthwith become
due and payable. |
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11.8 |
The Buyer shall insure and keep insured the Goods to
the full price against "all risks" to the reasonable
satisfaction of the Seller until the date that property
in the Goods passes from the Seller and shall whenever
requested by the Seller produce a copy of the policy of
insurance. Without prejudice to the other rights of the
Seller, if the Buyer fails to do so all sums whatever owing
by the Buyer to the Seller shall forthwith become due and
payable. |
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| 12 |
Force Majeure |
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12.1 |
The Seller shall not be liable in any respect whatsoever
for delay in the performance of, or the failure to perform,
any obligation pursuant to any order or contract, in each
case, as a result of circumstances beyond its control.
If such circumstances delay or prevent the performance
of any obligation under any order or contract for 30 days
or more, the Seller shall be entitled by written notice
to cancel or terminate such order or contract or its outstanding
obligations thereunder. |
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| 13 |
Remedies of Buyer |
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13.1 |
Where the Buyer rejects any Goods then the Buyer shall
have no further rights whatever in respect of the supply
to the Buyer of such Goods or the failure by the Seller
to supply Goods that confirm to the contract of sale. |
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13.2 |
Where the Buyer accepts or has been deemed to have accepted
any Goods then the Seller shall have no liability whatever
to the Buyer in respect of these Goods. |
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13.3 |
The Seller shall not be liable to the Buyer for late
delivery or short delivery of the Goods. |
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| 14 |
Data Protection |
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In compliance with the data Protection Act 1998, personal
data shall be obtained only for one or more specified and
lawful purposes, and shall not be further processed in
any manner incompatible with that purpose or those purposes. |
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We will use your details for fraud prevention purposes.
We will check your details with fraud prevention agencies
and if you give us false or inaccurate information and
we suspect fraud, we will record this. |
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| 15 |
Proper Law of Contract |
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15.1 |
This Contract is subject to the Law of England and Wales. |
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