COMPUTERISED ENGINEERING SERVICES LTD.
GENERAL CONDITIONS OF SALE
• GENERAL
All orders are accepted subject to these conditions of sale and any special stipulations set out by the Supplier in his quotation, order acknowledgement and invoice. They shall prevail over any put forward by the Buyer unless it is otherwise agreed in writing.
• DEFINITIONS
In these terms and conditions "Buyer" means the person, individual, Firm, Company or Corporation placing an order and "Seller" means Computerised Engineering. "Contract" means any quotations contract document order or order acknowledgement.
• SPECIFICATION
Unless otherwise specified in the Seller's tender, all specifications, drawings and technical description submitted therewith are approximate only, and the descriptions and illustrations contained in the Seller's catalogues, price list and advertisement matter are intended merely to present a general idea of the facilities offered described therein, and none of these shall form part of the contract.
All specifications, drawings and technical descriptions submitted with or in connection with the Seller's quotation are the Seller's copyright. The Buyer purchases the licence to use the sellers software, but no software, media, documentation or security device (dongle). Such material remains the property of the seller and the seller's copyright.
All such copyright material and all information and "know how" whenever supplied, shall at all times be treated by the Buyer as confidential and shall not without the Seller's consent be used by the Buyer except for the purpose of: -
• Adjudicating the tender; (b) the contract (if any) placed with the Seller, and (c) the operation of the equipment supplied thereunder nor shall they without the Seller's consent be communicated to third parties save insofar as may be necessary for the permitted purpose.
4. PRICE
Prices quoted are firm for a period of (28) twenty-eight days from quotation date, subject to the following:
• errors and omissions being corrected as detailed in the relevant Software Licence Conditions;
• any unavoidable increase in the cost to the Seller of bought out items, services, materials or changes in exchange rates between contact date and date of despatch will be passed to the buyer;
• unless specified to the contrary, prices do not include packing postage freight or insurance charges;
• prices do not include VAT.
5. DELIVERY
Whilst every effort will be made to meet any stipulated delivery date, delivery will not form part of any contract.
In no event shall the Seller be liable for loss of profit injury to goodwill or any other special or consequential damage for any delay or non-performance. If the buyer shall fail to accept goods or services at the appointed time, then he shall be responsible for all storage charges and cost of a further delivery visit.
6. PAYMENT
Unless otherwise specifically agreed in writing, payment shall be made as hereinafter provided:
• Software, Hardware or Services - Non-credit Customer
Payment by PayPal prior to despatch - An invoice will be issued on delivery;
• Credit Customer - Payment of total - 30 days Nett .
All payments not received when payable will be considered overdue and remain payable together with interest for late payment at 2.5% per month or part thereof, compound, against subsequent invoice or when payment is otherwise tendered.
• ACCEPTANCE
Hardware and Software.
• The buyer shall inspect the goods immediately on arrival and shall within three days after delivery give notice in writing to the Seller of any matter or thing by reason whereof the Buyer alleges the goods are not in accordance with the Contract. If the Buyer fails to give such notice, the goods shall be deemed to be in all respects in accordance with the Contract and the Buyer shall be bound to accept and pay for the same accordingly.
• If the Buyer gives notice within the said period of three days that he rejects the goods and such rejection shall afterwards become ineffectual by reason of the Buyer dealing with the goods as owner or by reason of any other conduct on the part of the Buyer inconsistent with such rejection, the Buyer shall be bound to pay the purchase price thereof in full and shall have no claim to damages or compensation by reason of any non compliance of the goods with the contract.
• The Buyer shall test the equipment in accordance with the relevant installation instructions, user manuals, training notes, software licence conditions and product documentation.
• RISK
The goods shall be delivered by or on the instructions of the Seller to the Buyer at the site specified in the quotation or (acknowledgement of the order) PROVIDED nevertheless that from the time of despatch thereof from the Seller's premises and until such delivery, the risk of any loss or damage to the deterioration of the goods from whatever cause arising, shall be borne by the Buyer. The Buyer shall effect adequate insurance of the goods in the full value thereof and shall procure that any note of the Seller's interest is endorsed on the policy of insurance.
• WARRANTIES
• Examination of the goods has been made by or on behalf of the Buyer and no warranty description or representation on the part of the Seller is given or implied by this Agreement, nor is any warranty condition description or representation to be taken to have been given or implied from anything said or written in the state, quality or fitness of the goods subject to this Agreement is hereby expressly excluded.
• The Seller shall repair or at its option replace without charge any equipment supplied by it which proves defective within (90) ninety days from the date of delivery (date when risk passes to the Buyer) provided that:
• Such defects are the direct result of faults in the material or construction;
• The equipment has not been structurally modified or misused by the Buyer and has been properly cared for and maintained;
• The equipment is returned to the Seller or its nominated agent, carriage paid, properly identified with a Returns Authorisation Reference and Buyer's purchase order reference.
• All terms for payment have been strictly complied with; and
• The Buyer notifies the Seller within (3) days of such defect being discovered.
• The goods purchased by the Seller for resale to the Buyer and covered by a manufacturers warranty.
• FORCE MAJEURE
If owing to war, act of God, civil commotion's Government order, strikes, lock-outs, fire, accident, prohibition of export or imports or inability to obtain any export or import or other licence, shortage of labour, materials, fuel power or transport, or any other cause whatsoever beyond the control of the Seller, the Seller is unable to make any delivery of equipment, the Seller may cancel any order so far as it relates to the delivery in question.
• LAW
The Contract shall be governed by English Law.
Computerised Engineering Services Ltd Registered in England No 1683277 |
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Contact Number : 07767 834329 01653 669083 |
E-Mail Address : sales@ces-ltd.co.uk |
