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. |
|
|
|
|
|