INTELiGENt COMPUTERS LTD
STANDARD TERMS AND CONDITIONS OF BUSINESS.
A1. Definitions: - "The Company" and “The Seller” means INTELiGENt COMPUTERS LTD. "The Buyer" means the person, firm or company ordering or buying the goods from the company. "The Goods" means the products or subject matter of the relevant order of sale. "The Price List" is the list of goods and their relevant sales price in £ Sterling published by the company from time to time.
A2. The company reserves the right to reject any order received for goods. Any order received that amends these terms is subject to written acceptance by the company.
A3. All orders shall be subject to these Terms and Conditions as Specified by the company. The acceptance by the seller any order from the buyer shall be deemed to incorporate these conditions and no variation contained in any document of the buyer shall have any force or affect whatsoever unless the seller has expressly agreed thereto in writing.
A4. No order will be deemed to constitute a contract of sale to the seller unless and until the goods have been despatched by the seller.
B1. Prices quoted on price lists issued by the company sometimes exclude VAT, which is payable at the then current rate. We do however aim to make customers aware of price including VAT at time of purchasing.
B2. If goods that have been paid for prior to dispatch no revision in prices may take place without the prior agreement of the buyer and in writing.
B3. The seller reserves the right to revise the prices prior to dispatch of goods should the seller sustain any direct or indirect increase in costs. This does not apply to goods that have been paid for in full prior to dispatch.
B4. Shipping charges, where applicable, are not included in the prices quoted on the pricelist. Free delivery and installation is offered with some systems but is only guaranteed within a 25 mile radius of an Inteligent Computers store.
B5. The company reserves the right to revise prices of goods in pricelist as and when they see fit.
C1. The goods remain the property of the company until all due funds relating to the goods have cleared. Payment may be made by the following: cash, credit card, debit card, personal cheque, company cheque, banker's draft, cashier's cheque, paypal or electronic transfer of funds into an account nominated by the company. Payments accepted via the web are only as stated on each individual website.
C2. The time for performance of the buyers obligation (whether as to payment or otherwise) shall be of the essence so that failure to perform shall entitle seller at it’s option to treat the contract as repudiated by the buyer or to delay delivery until seller is satisfied that the failure has been corrected.
C3. The buyer agrees that the company or its representatives may enter the buyer's premises at any reasonable time in order to recover goods originally supplied by the company for which payment is outstanding beyond any previously written, agreed credit term.
C4. The Buyer shall make all payments in advance, free and clear of and without deduction for any set off or counterclaim or, as required by law, any tax or other matter.
D. Ownership and Risk
D1. The ownership of the goods passing under this contract shall remain with the seller who reserves the right to dispose of the goods until payment in full for the said goods has been received by the seller.
D2. The risk of the goods for insurance purposes shall pass to the buyer: a) When the seller delivers the goods in accordance with the terms of this contract to the buyer or it’s agents or any other persons to whom the seller has been authorised by the buyer to deliver the goods or b) If the goods are appropriated by the buyer but kept at the seller’s premises at the buyer’s request the seller shall have no responsibility in respect to the safety of the goods thereafter and accordingly the buyer should insure the goods against whatever risk it considers appropriate.
E1. The company will make its best endeavours to deliver all goods as instructed by the buyer. The company will not be responsible for late deliveries outside of its control, howsoever caused.
E2. Delivery dates are estimates only and the company shall not be held responsible or liable for any losses, costs, damages or expenses incurred by the buyer, or any person or company however so associated, whether directly or indirectly, out of failure to meet any estimated delivery time.
E3. The buyer shall inspect all goods immediately upon delivery. The company reserves the right to reject claims for incorrect delivery 48 hours after the due date for delivery.
F. Shortages and Damage
F1. Notification of damage or incompletely shipped goods must be made within 48 hours of the due date for delivery. Any claim outside this time may be rejected.
F2. Any goods in respect of which a claim is being made shall be preserved intact as delivered by the buyer. This is also at the buyers risk for a period of up to ten days within which the seller, or seller’s agent, shall have the right to inspect the goods.
F3. All original packaging must be retained until inspection by the seller.
G. Defective Products and Warranty
G1. All new products supplied by the company are supplied with a minimum one-year warranty.
G2 Defective goods must be returned to the supplier at the buyer's expense, and the company may replace, issue a credit note or repair the goods at the company's discretion within a specified time period. The company is not responsible for goods returned to us that are lost, or further damaged in transit. On site warranty upgrades and maintenance agreements may be purchased at an optional extra cost. Customers are advised that it is their responsibility to back-up their data. The company takes no responsibility for any loss of data resulting from system break down.
G3. Warranty is also subject to the manufacturer’s terms of warranty.
G4. Defective goods returned must be returned with original packaging, a copy of the original invoice and in a clean condition. Goods returned otherwise will, at our discretion, either be refused or subject to restocking fee to cover our expense. The company cannot be held responsible for problems caused by third party hardware or software installed by the end user.
G5. Goods returned to the company must be packaged correctly. The seller holds the buyer liable for any costs incurred in remedying the damage to goods returned where such damage has in the opinion of the seller been caused by inadequate packing.
H. Force Majeure
H1. The company reserves the right to cancel, suspend or vary the operation of contract of sale if events occur which are in the nature of force majeure including (without prejudice to the generality of the foregoing) fire, flood, storms, plant breakdown, strikes, lock outs, riot, hostilities, non-availability of material or suppliers or any other event outside the control of the company; and the company shall not be held liable for any breach of contract resulting from such an event.
Except where the buyer and seller have expressly agreed in writing the buyer is deemed to have satisfied himself as to the suitability of the goods for which the buyer requires them and the buyer so warrants the seller.
J. No Waiver
The company’s failure to insist upon the strict performance of any provision of these terms and conditions shall not be deemed to be a waiver of its rights or remedies or any waiver by it of any subsequent default of the buyer in the performance or the compliance with any of the terms and conditions.
K1. Seller will not be liable to any indirect, incidental or consequential damages.
L1. In the event of dispute between the buyer and seller and should the seller so wish the buyer agrees to submit the dispute to a professional third party arbitration as a legally binding alternative to court action.
M1. These conditions of sale shall be constructed and operated in accordance with UK Governing Law.