Terms & Conditions~
Portable Technology Solutions Terms and Conditions 1 June 2004
DEFINITIONS
The following terms used herein have the meaning as stated;
- "Buyer" means the person, company or educational institution with whom the contract is made;
- "Seller" means Portable Technology Solutions Ltd.; its assignees and successors to title
- "Contract" means the contract between the seller and the buyer for the sales of the goods of which these conditions form
- "Goods" means goods and services or any part thereof agreed to be sold as described by the delivery note
GENERAL TERMS
All quotations are made and orders accepted by the Seller subject only to the terms and conditions set forth herein, which shall prevail notwithstanding any other terms and conditions which the Buyer shall bring to the Sellers notice and any changes thereto shall have force only if agreed by the Seller in writing. The Seller reserves the right to accept or refuse orders.
The Seller will not accept orders unless they are in writing and are duly authorised orders, the exception being credit card transactions.
The placing of an order following a quotation given by the Seller shall not be binding upon the Seller unless and until accepted by the Seller in writing.
PRICES
The prices contained in any quotation or price list exclude VAT, unless stated otherwise, and will be payable by the Buyer at the current ruling rate of VAT and at the applicable tax point. The Seller shall be entitled to make such additions to the contract price as may be reasonable to allow for increased costs of raw materials, manufacturing, labour or transport.
Unless otherwise stated the price for the Goods shall include for the provision of the Seller's standard packing suitable for transportation by air, road or rail.
The Buyer shall not be entitled to make any deduction from the price in respect of any set-off or counter claim.
DELIVERY
The Seller shall discharge its obligations to deliver the goods to the Buyer, by delivering them at its own risk and expense to the Delivery Address nominated by the Buyer. The Seller reserves the right to charge the Buyer reasonable delivery charges. In the event that the Buyer shall request non-standard delivery arrangements of any form, e.g. delivery to a location outside mainland United Kingdom, or to a Delivery address outside Normal Working Hours.
The Seller shall be entitled to make partial deliveries or delivery by instalments. Each such delivery shall be deemed to be a separate contract and failure to effect any delivery shall not effect the contract as to other deliveries.
The Seller shall use reasonable efforts to deliver the Goods to the Buyer promptly, but shall not be liable for any loss or damage, direct or consequential, special or otherwise, to the Buyer, in respect of failure to fulfil any orders or for any delay or error in responding to any such orders for any reason whatsoever. In the event that orders for the Seller's goods exceed its existing levels of stock the Seller shall allocate the available stock at its own discretion.
Any delivery date specified by the Seller is intended to be an estimate and time and delivery shall not be of the essence. If no dates are so specified, delivery shall be made within a reasonable time.
If for any reason the Buyer will not accept delivery of any of the goods when they are ready for delivery, or the Seller is unable to deliver the goods on time because the Buyer has not provided appropriate instruction: risk in the goods shall pass to the Buyer; the goods shall be deemed to have been delivered; and the Seller may store the goods until delivery whereupon the Buyer shall be liable for all related costs and expenses (including without limitation storage and insurance) from the agreed delivery date.
The Buyer shall provide at its expense at the delivery address adequate and appropriate goods and manual labour for unloading the goods.Any defect, deficiency or discrepancy in the goods delivered must be notified by the Buyer in writing to the Seller within seven days of receiving the invoice. The Buyer shall be deemed to have accepted all Goods delivered to it by the Seller if the Buyer has failed to notify the Seller in writing of any defects, deficiency or discrepancy in the Goods delivered within the time limit specified above.
PAYMENT TERMS
The Seller reserves the right to require payment of cash with order. Credit card payment is subject to General Terms as above. Where cash with order is not required the Seller shall be entitled to render its invoices to the Buyer for any Goods supplied under any contract concurrent with delivery.
`The Buyer shall pay the full amount of any invoice so rendered without any deduction by no later than thirty days from the date of the invoice (the due date).
No payment shall be deemed to have been received until the Seller has received cleared funds.All payments payable to the Seller under these standard terms shall become due immediately upon notification by the Seller.
Payment shall fall on the due date despite the fact that title to the Goods has not passed to the Buyer, and the Seller shall accordingly be entitled to sue for the price as of the due date, notwithstanding the fact that title thereto has not passed to the Buyer.
If the Buyer fails to pay any invoice by the due date, the Seller shall be entitled, as its option, to enter the Buyer's premises and recover the Goods, or to charge the Buyer interest on the new sum due and unpaid from the due date until payment is actually received by the Seller in full together with any of the accrued interest at the rate of two percent (2%) per month above the Barclays plc minimum lending rate current at the time of any claim for overdue payments.
WARRANTY TERMS
All Goods sold under these terms and conditions are sold with the benefit of an end user warranty.
The warranty shall not apply to any part of the Goods supplied which can reasonably be deemed as expendable, or which in the process or normal use and service could be required to be replaced before the expiry of the warranty period (e.g batteries).
If a fault occurs which is covered by the warranty, then both parts and labour are free of charge within the goods stated warranty period. Certain goods supplied will carry warranties provided by Manufacturers or Third Party Service Providers who will carry out repairs under the warranty.
The Seller's sole liability under the warranty shall be the replacement at its sole discretion of any Goods or component parts thereof found to be defective within the warranty period, and notified to the Seller in writing within seven days of first discovery.
The Seller shall have no liability for any damage or defects in the Goods thereof that have been caused by improper storage or transportation; or neglect, abuse or improper use, maintenance, installation or repair.
The Buyer shall obtain the Seller's prior approval before returning any Goods or component parts thereof under Warranty. The Seller shall approve the return of such Goods under Warranty by issuing a Return Materials Authorisation number. The Buyer shall ensure that any such Goods being returned are properly packaged for transit. Transportation costs and insurance risk incurred by either party hereto in sending the Goods or parts thereof to the other under the said Warranty shall be borne by the sending party in each instance. Any Goods or parts thereof so repaired or replaced shall be subject to the said Warranty during the balance of the Warranty Period only and replaced Goods shall become the Seller's property. The Seller reserves the right to charge the Buyer, at its current rates for the time being in force, in respect of Goods which are returned under warranty and declared "No Fault Found".
The Seller makes no other representation on warranties, other than any exclusions thus far stated and expressly excludes the same whether express, implied, statutory or otherwise, especially as to quality or fitness of the Goods for any particular purpose.
EXCLUSION OF LIABILITY
The Buyer is relying on its own skill and judgement in relation to the suitability and compatibility of the Goods supplied under this Contract and the Seller accepts no liability whatsoever as to the purpose for which the Goods are supplied.
Except as provided in Warranty of this Agreement all conditions, warranties and liabilities, whether express, implied statutory or otherwise, are hereby excluded and the Seller shall not be liable for any loss or damage sustained by the Buyer resulting from any fault or failure in the Goods or any technical information relating thereto, or lateness in delivery or failure to deliver unless such fault or failure is caused by the Negligence or wilful misconduct of the Seller, its employees or agents, and then only to the extent not excluded by the terms and conditions contained herein. In all other cases The Seller's liability in respect of any one event, or series of events shall not exceed the value invoiced and paid in respect of the Goods.
No exclusion or limitation shall apply in respect of the death or personal injury of any person caused by the Seller's Negligence.
Notwithstanding any other provision contained herein, the Seller shall not be liable to the Buyer for consequential loss caused by negligence, breach of contract, or otherwise.
The Seller shall not incur liability for failure to perform any obligation under any Agreement if such failure is the direct result of anything beyond the Seller's control, including (without prejudice to the generality of the foregoing) any act of god, refusal, failure to grant suspension or withdraw of any license or consent or other act or remission of any Government, fire, explosion, flood, break-down of machinery; strikes, lockout, labour disputes, shortages of materials, fuel, components or transport facilities, war or insurrection.
OWNERSHIP AND RISK
Risk in the Goods supplied to the Buyer shall pass to the Buyer upon delivery in accordance with the provisions of Delivery hereof. The Buyer shall insure all Goods delivered by the Seller for their full replacement value with a reputable Insurer until ownership has passed to the Buyer.
All Goods supplied to the Buyer subject to these Standard Conditions of Sales shall remain the property of the Seller until all and any sums due to the Seller for all or any Goods supplied at any given time are paid in full. This shall be the case notwithstanding the receipt by the Seller of any payments made by the Buyer pursuant to the settlement of any specially designated claims for the recovery of sums due to the Seller.The Seller shall at any time before title has passed, without any liability, be entitled to: terminate the Buyer's rights to use, sell or deal in the Goods; enter the Buyer's premises and re-possess the Goods; or use or sell the Goods.
ORDER CANCELLATION
The Buyer shall not be entitled to cancel whole or in part any order where the Seller has already allocated Goods to the order, unless granted special permission by the Seller. For online orders the buyer has the right to withdraw from the purchase of an item within seven days of the day after the date the item is delivered, provided the item(s) is/are in pristine stock condition i.e. as delivered with no seals broken. The exception is for goods made to a customer's specification or software/services supplied with an activation key. Returning purchased goods is entirely at the Buyers own risk and cost, while goods must been returned in condition sent with undamaged packaging and complete. Refunds for returned unwanted goods may be subject to a restocking fee of 15% if goods are not normal stock items and have been ordered in specially (e.g. products marked *Special stock item). Refunds are also calculated less the cost of the carriage charged to the Buyer at the time of purchase.
TERMINATION OF CONTRACT
The Seller reserves the right to terminate any contract arising under these Standard Conditions of Sale (but without prejudice to any other rights or remedies available to the Seller) immediately upon written notice, if: the Buyer commits a material breach of any of the terms and conditions hereof, and if capable of remedy, shall have failed to so remedy the breach within fourteen days of notice from the Seller to do so; or the Buyer becomes insolvent or subject to winding up proceedings, or goes into involuntary liquidation, enters into a composition with its creditors, or has a receiver appointed or has any knowledge of any of the foregoing events; or the Buyer is involved in illegal activity, financial irregularity or any activity which, in the opinion of Seller would materially damage Seller's brands and image.
Your Acceptance of These Terms
By using this site, you signify that you agree with the above PORTABLE TECHNOLOGY SOLUTIONS TERMS AND CONDITIONS which are governed by UK and EU law.~~~498~501~~