CAMELOT-TECH
LTD T/A CATS-WHISKERS.COM LTD
TERMS
AND CONDITIONS OF SALE
PLEASE
NOTE.
Products are not supplied on a trial or experimental basis; customers are
responsible for verifying the suitability and compatibility of all items before
purchase. We give reasonable technical support but do not give free computer
assembly and operating lessons. Computer components should be installed using
suitable anti-static precautions by competent and qualified persons only.NOTE:
The use of illegal/pirated operating systems or other illegal/pirated software
will invalidate your warranty.
Introduction.
All
orders accepted by Camelot Tech Ltd ltd having its place of business at 14,
Camelot Court, Somerton Business Park, Somerton, Somerset, TA11 6SB and
hereinafter referred to as the ‘VENDOR’ and any sale of goods made by the Vendor
to the Purchaser are subject to the following conditions that shall form part
and govern the contract of sale. Acceptance of goods by the Purchaser shall be
deemed to be acceptance by the Purchaser of these conditions of sale. Any term
sought to be imposed by a Purchaser either in a document or otherwise that
conflicts either, or adds to these conditions is not accepted. No agent or
representative of the Vendor has authority to vary these conditions unless
accepted in writing by the Vendor.
1. Payment and
Price.
(a)
The vendor reserves the right to vary the quoted price for the goods by
upward additions in accordance with market conditions at the date of actual
supply and the Purchaser shall pay such additions in addition to the quoted
price. Price lists do not constitute an offer.
(b)
All invoices are due for payment on the date shown on the invoice.
Payment to be made in Pounds Sterling.
(c)
All overdue accounts shall be charged on a daily basis at commercial
interest of 5% above the base rate of Lloyds-TSB Bank PLC applicable at the
time.
(d)
All goods remain the property of the Vendor until paid for in
full.
(e)
Any goods passed to the Vendor for repair shall be paid for in full
before the goods are returned to the customer.
2.
Availability of Goods. The
Vendor shall use its best endeavour to comply with the date named for despatch,
delivery or repair which date is given and intended as estimate only and is not
to be the essence of the contract. If owing to non-availability of the goods or
other causes beyond the Vendor’s control, the Vendor shall be unable to effect
delivery hereunder it shall be at liberty to determine the contract or part
thereof by giving notice in writing to the Purchaser.
3.
Property and Risk. For
so long as any amounts remain owing from the Purchaser to the Vendor (whether
immediately due or not) title to the property of the goods shall remain with the
Vendor and ownership shall not pass to the Purchaser until the Vendor has
received payment in full. In the event of the Purchaser reselling the goods, if
the Vendor has not received all amounts owing to it, the Purchaser shall account
to the vendor for the proceeds of any such sale and meanwhile hold all proceeds
of such sale of such goods upon trust of the Vendor until the Vendor has
received such amounts in full. The Vendor shall have the right to trace all
proceeds in accordance with the principles of R, v. Hallets Estates 1880
113CH.D96. At any time after the due date for payment from the Purchaser to the
Vendor, and so long as such amounts have not been received by the Vendor in
full, the Vendor, at the Purchaser’s expense, shall have the right to enter the
Purchaser’s premises and remove therefrom all goods which remain the property of
the Vendor, in the event of any unpaid invoices. The Vendor shall reserve the
right to reclaim any goods previously supplied to the value of the unpaid
invoice.
4. Design Variation.
Whilst
the Vendor makes every effort to ensure that goods supplied correspond to in
every respect with the sample, specification or description, provided as the
case maybe, the Vendor is not responsible for the minor variations in
specification, colour or other design features, and no such minor variation
shall entitle the Purchaser to rescind the contract or shall be the subject of
any claim against the Vendor by the Purchaser.
5.
Claims.
(a)
No liability for any claim for damage or non-functionality shall be
accepted unless the Vendor is notified by the Purchaser in writing within seven
days. This period may be extended at the sole discretion of the Vendor where the
manufacturer’s replacement exceeds this deadline.
(b)
No liability for any claim for missing items such as manuals, connecting
cables etc shall be accepted unless the Vendor is notified in writing by the
Purchaser within forty-eight hours of delivery.
(c)
No liability for any claim shall be accepted in the case of goods
differing in quantity or description from the particulars given on the delivery
note or invoice unless the Vendor is notified in writing by the Purchaser within
forty-eight hours of delivery and the onus is upon the Purchaser to prove any
shortage.
(d)
In the case of manufacturers who operate direct product support and
returns procedures, the Purchaser accepts an obligation to process their claim
directly through the manufacturer.
(e)
No warranty is extended to consumable items e.g. printer cartridges and
blank media.
(f)
No liability for any claim shall be accepted for damage whether
mechanical, electrical or software or data loss to equipment (including complete
systems, peripherals and components) supplied by the Vendor to the Purchaser, or
equipment owned by the Purchaser but not supplied by the Vendor, where such
damage is caused by the Purchaser adding, removing or modifying in any way any
item of hardware, software, programs, or inappropriate use of the same, or
computer software viruses whether introduced by the Vendor or the Purchaser.
(g)
No liability for any claim shall be accepted for damage caused by
electrical storms or electricity supply power surges.
6.
Guarantee. Excluding
re-furbished goods and goods covered under clauses 5(a) and 5(e) and 5(f) above,
all goods are warranted free from manufacturing defect for a period of 365 days
from the date of invoice, unless otherwise stated at the time of purchase. Goods
falling within this period shall be exchanged, repaired or credited at the sole
discretion of the Vendor except where such failure can be attributed to
reasonable wear and tear or user error or misuse, providing the goods are
returned subject to conditions outlined in clause 7. Excluding goods covered
under clauses 5(a) and 5(e) and 5(f) above, or unless otherwise stated at the
time of purchase, all goods are warranted on a ‘back to base’ basis. The
Purchaser shall be responsible for all carriage, telephone, postal and
incidental charges incurred during the guarantee period.
7.
Returned goods.
(a)
The vendor shall not accept goods for credit or rectification unless such
a return has been authorised by the Vendor, and that the goods are received by
the Vendor in stock condition with all the original packaging. The Vendor
retains the right at its sole discretion whether to accept the return of goods
or whether to issue a credit note in respect thereof. The Vendor reserves the
right not to issue credit for goods returned after 30 days from the date of the
original invoice and where such credit is granted the credited amount shall not
exceed the current market value or the invoiced value, which ever is the lower.
The Vendor reserves the right to charge a restocking fee on goods returned for
credits which are not in stock condition or that are not returned complete with
the original packaging or that have been ordered in error by the
purchaser.
(b)
All returned goods must be received at the Vendor’s premises within the
warranty period, irrespective of when any returns authorisation may have been
given. The Purchaser shall, unless otherwise stated, be responsible for the cost
of outward and return carriage and insurance of all goods returned by the
Purchaser to the Vendor. The onus of proof of such delivery shall rest with the
Purchaser.
(c)
All goods returned to the Vendor by pre-arrangement and found to contain
no fault shall be subject to a 25% restocking charge, providing the goods are in
original stock condition. Any variation of this restocking charge shall be at
the sole discretion of the Vendor.
(d)
No credit shall be allowed for goods until they have been received
complete and tested by the Vendor.
8.
Consequential Loss. The
extent of the Vendor liability to the Purchaser for any default or breach
whatsoever and howsoever arising shall in no case exceed the invoice value of
the goods and as in clause 5 (f) above, the Vendor shall in no circumstances be
liable to the Purchaser in respect of any loss or damage including loss of data
whether suffered by the Purchaser or any customer of the Purchaser and whether
direct, inconsequential or however else arising.
9.
Law
(a)
If any part of these terms and conditions shall be found to be unlawful
it shall not effect the validity or enforceability or the remainder of the
conditions.
(b)
This contract is and shall be deemed to been made in England and shall in
all respect be governed by English Law.
(c)
In respect of consumer sales only, statutory rights are unaffected by
these terms and conditions.
Camelot
Tech Ltd ltd reserves the right to vary these terms and conditions without
notice. Full terms and conditions are available upon request or from our
web-site
www.ctl-computers.com
Company
No. 4302537 registered in England.
Camelot Tech Ltd Oct
2006
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