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(a) Unless otherwise agreed in writing these conditions constitute the only conditions upon which Computer Care (South) Ltd. (Herein after known as “The Company” are willing to supply goods to any person wishing to purchase goods (herein after known as “The Purchaser”). All orders are accepted and executed on the understanding that the Purchaser is bound by these conditions. These conditions shall prevail over any terms and conditions in the Purchaser’s order or other documents issued by the Purchaser except where expressly agreed by the Company in writing.
(b) No employee, servant or agent of the Company has any authority whatsoever to amend, vary, modify or waive any of the conditions herein save that the Directors of the Company may expressly in writing amend, vary, modify or waive such items as they see fit
(c) The rights and obligations of the Company and the Purchaser under the conditions are wholly independent of their rights and obligations under any other agreement or contract between them.
All Orders are executed subject to the quoted price which shall supersede any price list of the Company whether published or unpublished.
(a) Unless otherwise agreed in writing, payment is due within twenty eight days of the invoice date and all accounts not paid within that time will, at the Company’s discretion, be charged interest from the date of despatch of the goods at the rate of four per cent above the base rate of Natwest Bank Plc, from time to time subject to a minimum rate of 15 per cent per annum.
(b) The Company shall be entitled to recover in addition to interest in respect of late payments or direct expenses reasonably incurred in collecting or attempting to collect such late payments and in particular any costs of debt collection agencies, Solicitors, Accountants and others.
Unless otherwise specified, the price quoted does not include delivery to the Purchaser. The Company reserves the right to select the method of transport and to charge for deliveries. If a fixed time is quoted for delivery, such time shall be extended by a reasonable period if delay in delivery is caused by instructions or lack of instructions from the Purchaser, industrial dispute or any other reason beyond the Company’s control
Passing of Property and Risk
The ownership of the goods shall not pass to the Purchaser until such time as the goods are paid for in full (including interest and other charges in accordance with these conditions) provided nevertheless that there is title in the goods which shall pass to the Purchaser or to any third party on the Purchaser’s instructions whichever shall first occur. In the event of the Purchaser selling or otherwise disposing of the goods before the same shall have been paid for in full the Purchaser shall hold the proceeds of the sale or disposal in trust for the Company. Goods supplied by the company shall be at the Purchaser’s risk immediately on delivery to the purchaser of into custody on the purchaser’s behalf
Should default be made by the Purchaser in paying any sum due under any order as and when it becomes due the Company shall have the right to either cancel or suspend further deliveries until the default be made good or to cancel any order so far as any goods remain to be delivered under such order
The Purchaser is entitled to the benefit of any warranty guarantee received by the Company from the Manufacturer of the goods supplied. The Purchaser at all times shall observe all and any requirements imposed by the manufacturer, In the event of any faults arising the Company reserves the right to carry out repairs itself or return the goods for repair to the manufacturer as the Company in its absolute discretion sees fit. No goods will be accepted for repair if the Purchaser has himself attempted to carry out any such repair or instructed a third party to do so. The Company’s guarantees will not extend to goods returned from abroad by carrier. In the event of an exchange for any reason there will be a nominal charge for the transferring or reinstalling of software, as the afore mentioned procedure is not covered by warranty. The Company may, at its absolute discretion, make a charge for each item returned as faulty where no fault is found. Unless otherwise expressly stated in writing the warranty on any “Cyclone” PC sold by the company covers parts and labour only for a period of 12 months from the purchase date, it is the responsibility of the Purchaser to return items to the Company for repairs or replacements to be effected under such a warranty
Return of Goods
Although the Company makes every effort to supply only products that are in full working order, faults must be reported to the Company within fourteen days. The product must be returned in the original packaging together with all other contents, in the condition in which supplied. Goods confirmed to be faulty upon inspection will be exchanged. The Company will not be responsible for any rectification or exchange of faulty goods not reported within the afore mentioned period. In the case of software we maintain that returns can only be accepted if the product is unopened with all original seals intact, or is confirmed by us as having a manufacturers fault. A handling charge of 15 per cent will be deducted from any credits allowed by the Company where it is established that the reason for the return of the goods was not subject to provisions of clause 7 of these conditions or through any error on the part of the company. Although products incorrectly specified and ordered by the customer may be exchanged at the manager’s discretion subject to them being returned undamaged in the original packaging, it may be necessary to charge for handling or reconfiguration. This in no way affects your statutory rights.
Unless otherwise agreed in writing, any goods rejected by the purchaser as not complying with the order must be so rejected within five working days of delivery of the goods to the purchaser.
In the event of actions of the Queen’s forces, civil commotion, accident, plant breakdowns, interference by strike or lock-out of employees, acts of God, any restrictions, regulations, orders of omission, operation by any local or municipal authority of Government department the Company shall be released of liability under this Contract wherever and to the extent to which the fulfilment of such Contract is prevented, frustrated or impeded as a consequence of such event or by any statute rules, regulations orders or requisitions issued by any Government department, council or any duly constitutional authority beyond the company’s control.
(a) The Company shall not be liable for any loss sustained by any personal damage to any property whatsoever and howsoever arising directly out of or in consequence of any act or omission by the Company in the supply of goods including delay, loss of profit and liability to third parties
Invoices must be retained as there will be a nominal charge for reprints
This contract and these general conditions of sale shall at all times be construed in accordance with and subject to the jurisdiction of the courts in England