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CONSULTANCY     AFFILIATES    SBS 2003 PRICING  RESTOREIT SUPPORT COSTS

 

RESTORE IT LTD

 
 
RESTORE IT LTD is a business. By authorising work to be carried out, you are accepting our terms and conditions. Your existing statutory rights are not affected by these conditions.

1. Definitions
1.1 The "Customer" means the applicant or person who accepts an estimate, for work to be carried out.
1.2 The “Company” means RESTORE IT LTD
1.3 "Conditions" means the conditions of work set out in this document and any special and/or additional conditions agreed in writing by the Company.
1.4 "Good" or "Goods" means the goods (including any instalment of goods or any parts for them) which the Company is to supply in accordance with these Conditions.
1.5 "Writing" includes facsimile transmission, [email] and other comparable means of communication.
1.6 "Including" and "in particular" shall be construed as not limiting any general words or expressions in conjunction with which either of those expressions is used.

 

2. Conditions
2.1 These conditions shall apply to all contracts for sale of Goods by the Company to the Customer to the exclusion of all other terms and conditions including any which the Customer may purport to apply under any purchase order, confirmation of order or any such similar document.
2.2 Where the Company has agreed to provide the Customer with system design, installation or other consultancy services, then the provision of such services shall be governed by the Company's Conditions and those items shall be classed as “Goods”.
2.3 No variation or addition to these Conditions shall be effective unless agreed in Writing by the Company.
2.4 The Company's employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Company in Writing and in entering into the contract the Customer acknowledges that it does not rely on any such representations which are not so confirmed.
2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company and without any prior notification.
2.6 No contract for the sale of Goods shall arise until the Company despatches the Goods to the Customer or the Customer notifies the Company in writing of its acceptance of the Company's quotation (whichever shall first occur).
2.7 Acceptance of delivery of Goods shall be deemed conclusive evidence of the Customer's acceptance of these Conditions.
2.8 Nothing in these Conditions shall affect the statutory rights of any consumer.

 

3. Prices
3.1 The price shall be that on the Company's current list price or as otherwise agreed in writing by the Company and the Customer should confirm prices (including any promotional prices and special offers) at the time of ordering. All special offers are strictly subject to availability.
3.2 The Company reserves the right to revise prices prior to despatch of Goods to reflect any indirect or direct 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 All prices are exclusive of VAT and charges for packing, postage and carriage (plus VAT) shall be paid in addition.
3.4 Website pricing may differ to sales literature pricing.

 

4. Payment
4.1 Credit accounts are available for corporate customers against approved references.
4.2 In the case of sales to Customers who do not qualify for credit accounts, payment must be made in full on completion of the agreed work being satisfactorily carried out.
4.3 Payment may be made by cash, cheque or BAC's .
4.4 In the case of sales made to customers with credit accounts, payment is due in full on the terms of credit agreed which shall not be more than 30 days from the date of the invoice unless otherwise agreed in writing by the Company notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Customer.
4.5 Time for payment shall be of the essence and any failure to pay shall entitle the Company at his option to treat the contract as repudiated by the Customer, to delay delivery until paid or appropriate any payment made by the Customer to such of the Goods as the Company may think fit notwithstanding any purported appropriation by the Customer (without prejudice to any other remedy that the Company may have). Receipts for payment shall be issued only on request.

 

5. Interest on Overdue Invoices
5.1 Interest on overdue invoices shall accrue on any unpaid amounts from the date when payment becomes due at 2 per cent per annum above HSBC Bank plc base rate from time to time until the date of payment (a part of a month being treated as a full month for the purpose of calculating interest), to accrue both before and after any judgment.
5.2 All invoices shall be paid in full, free from any deduction for any set-off, counterclaim or otherwise howsoever.

 

6. Delivery
6.1 Whilst every reasonable effort shall be made to keep to any estimated 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. The Goods may be delivered by the Company in advance of the quoted delivery date upon giving reasonable notice to the Customer.

 

7. Ownership and Risk
7.1 The risk in Goods shall pass to the Customer upon delivery of the Goods or upon the Goods being appropriated to the Customer but kept at the Company's premises at the Customer's request.
7.2 The Company remains the owner of the Goods affected by the contract until the Company has been paid in full in cash or cleared funds for such Goods and all other Goods agreed to be sold by the Company to the Customer for which payment is due.
7.3 Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as the Company's fiduciary agent and bailee and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as the Company's property.
7.4 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 on the Customer's premises by its servants or agents to recover the Goods and the Customer shall be liable for all the Company's costs of so doing.
7.5 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Company, but if the Customer does so all moneys owing by the Customer to the Company shall (without prejudice to any other right or remedy of the Company) immediately become due and payable.

 

8. Warranties and Liabilities
8.1 Subject to the conditions set out below the Company warrants that the Goods will at the time of delivery correspond to the description given by the Company.
8.2 The above warranty is given by the Company subject to the following conditions:

 

8.2.1 The Company shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Customer;
8.2.2 The Company shall be under no liability in respect of any defect or System failure arising from: fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company's instructions (whether oral or in writing) or the loading of software, including Games and other none certified programs.
8.2.3 The Company shall be under no liability under the above warranty (or any other warranty, conditions or guarantee) if the total price for the Goods has not been paid by the due date for payment;
8.2.4 Where the Goods are covered by manufacturer's warranties, details of which will be supplied to the Customer on delivery of the Goods the Customer shall only be entitled to the benefit of such warranties or guarantees as are given by the manufacturer to the Company.

 

8.4 Subject as expressly provided in these conditions and except where the Customer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, section 12) all warranties, conditions, or other terms implied by statute, common law or otherwise are excluded to the fullest extent permitted by the law.
8.5 Where Goods are sold to a consumer (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Conditions.
8.6 The entire liability of the Company under or in connection with the contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.

 

9. Returns/Cancellations/Replacements
9.1 Subject to clause 10, no contract shall be cancelled once accepted by the Company nor shall any Goods which are delivered in accordance with the contract be returned without prior written approval of the Company and on terms to be determined at the absolute discretion of the Company.
9.2 Unless the Company at its discretion decides otherwise, if the Company agrees to accept the return of any such Goods then:

 

9.2.1 A Goods return number must be obtained from the Company and be clearly shown on the returned parcels and must be returned in the original manufacturer's packaging (which shall not be defaced) complete with accessories, manuals and documentation. Software packages must be returned unopened with the software seal intact. Except in the case of faulty Goods, returned items not complying with these requirements will be rejected.
9.2.2 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.
9.2.3 Where the Company accepts the return of Goods, the Company reserves the right to make a handling and restocking charge of 25% on Goods which are returned if they were ordered in error or are no longer required by the Customer.

 

9.3 Any claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with the specification shall (whether or not delivery is refused by the Customer) be notified to the Company within 5 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused and the Customer does not notify the Company accordingly, the Customer shall not be entitled to reject the Goods and the Company shall have no liability for such defect or failure, and the Customer shall be bound to pay the price as if the Goods had been delivered in accordance with the terms of the contract.
9.4 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or conditions of the Goods or their failure to meet specification is notified to the Company in accordance with these conditions, the Company shall be entitled to replace the Goods (or any part thereof) free of charge or at the Company's sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price), but the Company shall have no further liability to the Customer.
9.5 The Company shall not give any credit for returned Goods where the Company deems the Goods not to be faulty unless otherwise agreed in writing by the Company.
9.6 Any Goods in respect of which any claim of defect or damage is made by the Customer shall be preserved by the Customer intact together with the original packaging at the Customer's risk and shall at the request of the Company be:

 

9.6.1 retained by the Customer for a reasonable period to enable the Company or its agent to inspect the Goods; or
9.6.2 Collected from the Customer by the Company if the Goods are defective.

 

 

10. Customers dealing as Consumers
10.1 A Customer dealing as a consumer shall have 7 days from the date of receipt of the Goods to cancel his order by giving notice by letter, fax or email to the Company.
10.2 The effective date of cancellation is the date on which the notice is sent.
10.3 If the Customer fails to return the Goods to the Company within 7 days of the date of cancellation, the Company shall be entitled to recover the Goods and deduct the cost of so doing from any monies owed to the Customer.
10.4 The Company shall refund any monies paid by the Customer as soon as reasonably possible but in any event no later than 30 days from the date the notice of cancellation was given. The refund shall be made by the same method as payment.
10.5 The Customer shall be liable for the cost of returning the Goods to the Company.
10.6 This clause 10 shall not apply to:

 

10.6.1 Sealed computer software which has been opened by the Customer.

 

 

 

 

 

 

 
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