Unless otherwise agreed in writing by us all services are supplied on the following conditions to the exclusion of any terms and conditions stipulated by the customer and any previous warranties or communications not expressly incorporated herein.
1. DataDay Technology Ltd (hereinafter referred to as the Company) submits all quotations and price lists and accepts all orders subject to the following conditions of Contract which shall apply to all Contracts for goods supplied or work done by the Company its servants, agents or sub-contractors to the exclusion of all other representations conditions and warranties statutory or otherwise expressed or implied.
(a) All orders must contain sufficient written information to enable us to repair goods required but no order shall result in a binding
contract of sale unless and until it is accepted by us in writing.(b) A test & Evaluation fee of £45.00 will be administered to each item if a repair is not undertaken.
3. Prices
a) We reserve the right to amend prices at any time up to delivery to the extent of any variations in costs of or relating to their repair which are deemed not within the normal fix price. All prices quoted are exclusive of carriage and VAT.
(b) Prices can be re quoted if the equipment is physically damaged, abused or previously re-worked.
4. Exclusions
(a) The Company excludes in their repairs LOPT,CRT,LCD,Plasma,Hard Disk,CPU, Simms, Scanners, Fuser Units, Printheads or Consumables. These will be charged at an agreed rate at the time of repair.
(b) Any Data held on equipment for repair could be overwritten or formatted unless the Company is informed in writing prior to the repair.
5. Payment
(a) Payment by customers with established ledger accounts is net thirty days from the date of invoice. Payment by other customers must be cash with order or COD. Any COD charges will be added to the invoice.
(b) In addition to any right of lien to which we may be entitled by law we shall (in the event of the customers insolvency) be entitled to a general lien on any or all of the Customers goods in our possession (although such goods may have been paid for) for the unpaid price of any other goods sold and delivered to the Customer under the same or any other contract.
(c) The goods shall remain our sole property until payment has been received by us in full, and the Customer shall meanwhile, if so required by us, keep the goods marked and/or separately stored so as to be clearly identifiable as our property.If the goods are mixed with, or incorporated or processedby the Customer in other articles, such articles shall from the time that they come into being become our property until such payment has been made, and shall if we so require be marked and/or stored by the Customer as aforesaid.
Provided that:
(1) The risk of loss or damage to the goods shall pass to the Customer on delivery.
(2) Nothing in this condition shall prevent the Customer from re-selling the goods to third parties in the normal course of business, on condition that the proceed or any such re-sale are held by the Customer in trust for us and that the Customer shall, whenever so required by us, assign all itsrights against the third parties in connection with the goods or articles incorporating or made from the same.
(d) Prompt payment of all accounts is a condition precedent of further deliveries.
(e) The Company reserves the right to charge interest for the term in which money is due at the then
CURRENT BANK OF ENGLAND BASE RATE PLUS EIGHT PER CENT.
6. Telephone and Verbal Orders
Official order numbers must be quoted in all cases. All orders must be confirmed in writing.
Carriage packing and documentation is charged on all deliveries.
(a) All delivery dates are quoted in good faith. The Company shall not be liable for any loss or damage (whether direct or consequential) whatsoever arising from the late delivery of goods or materials and the Customer shall not be entitled to treat the contract as repudiated by reason of any such late delivery.
(b) Delivery shall be deemed to take place when the goods leave the Company and all risk in the goods shall pass to the Customer upon delivery.
(c) No liability will be accepted by the Company in respect of damage or shortage of goods unless a separate notice in writing is given to the carriers concerned and to the Company giving full details, within seven days of date of invoice.The Company shall have no liability in respect of damage or shortages caused by the acts or omissions of the Customer or of others or by causes beyond the Company’s control.
(a) The Company shall repair an item previously repaired by us free of charge if the fault is notified to the Company within a period no greater than ninety days from the actual repair.
(b) The Company’s liability in respect of goods repaired shall be only to the Customer and shall be strictly limited to free repair or replacement of goods at Company’s option notified as above and returned carriage paid to the Company provided always that the Customer shall not be entitled to receive from the Company any greater benefit under the provisions of this clause than the original cost of repair.
(c) Our liability in terms of these Conditions is in lieu and to the exclusion of all other warranties conditionsor obligations imposed or implied by statute otherwise in relation to the quality or description of the goods of their fitness for any particular purpose.
(d) All liability for consequential or indirect loss or damage howsoever arising is hereby expressly excluded.
10. The Company will not accept the return of goods without prior agreement in writing except in the case of goods covered by Clause 9 above.
11. In the event of an order being cancelled by the Customer the Customer shall be liable to indemnify the Company against all losses (including loss of profit) costs and other expenses and damages (whether direct or consequential) occasioned by suchcancellation. Clause 2b will be the minimum rate claimed.
No liability whatsoever can be accepted for incorrectly ordered sales or repairs.
13. Governing Law
These conditions shall be construed and governed in accordance with English Law, and any dispute or differences arising between The Company and the Customer or relating to these Contains shall be submitted to the exclusive jurisdiction of the courts of England and Wales.
14. Penalty Clauses
Penalty clauses on Customers’ orders or contracts cannot be accepted unless a specific undertaking in writing is secured.
15 . Errors and Omissions
We reserve the right to correct all typographical and clerical omissions and the Customer may not rely on any such information thus erroneously provided.
OVERDUE ACCOUNTS
THE COMPANY RESERVES THE RIGHT TO CHARGE INTEREST FROM THE DATE PAYMENT WAS DUE, AT THE THEN CURRENT BANK OF ENGLAND BASE RATE PLUS EIGHT PER CENT.
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