TERMS and CONDITIONS OF SALE/SERVICE
Southwell Computer Centre / Southwell Computer Services
Priory Road, Thurgarton, Notts, NG14 7GW
"SCC" and “the Company” means Southwell Computer Centre or Southwell Computer Services. "The Customer" means the person to whom this document has been forwarded and/or addressed, or whoever authorised the requested works.
These Terms and Conditions shall form the basis of the entire contract between SCC and the customer, all orders placed by the customer upon SCC, are accepted on the condition that the terms and conditions herein shall apply to the contract formed thereby to the exclusion of all terms and conditions that may be proposed by the customer. These conditions shall apply except so far as expressly agreed in writing by the Company Secretary of SCC. No servant or agent of SCC has power to vary these conditions orally, or to make representations or promises about the goods, their fitness for any purpose or any other matter whatsoever. Acceptance by the customer of a delivery of any goods or services supplied by SCC will be treated by SCC as an unqualified acceptance of these terms and conditions.
Unless otherwise expressly stated in writing, all quotations and estimates by SCC are invitations to treat. The customers order is an offer and will become binding upon SCC posting its confirmation of the order. A confirmed order may only be cancelled or varied with SCC consent; the giving of SCC consent shall not in any way prejudice SCC right to recover from the customer full compensation for any loss or expense arising from such cancellation or variation. SCC does not provide goods on a 'trial' or 'sale-or-return' basis, unless by specific prior agreement in writing. SCC will provide any necessary technical specification / data as required in order to match suitability with the customers needs. Ultimately, it is the customers own responsibility to ensure that equipment purchased is suitable for their needs and fits with their intended purposes.
Return of goods purchased
In all cases, the customer must contact SCC for an RMA (returns material authorisation) number prior to return of any goods. Shipping / P&P costs (either way) are not refundable. Returns will only be accepted for the following reasons:-
During the first 7 days after delivery, SCC will refund or replace any DOA (dead on arrival) equipment. After 7 days an automatic replacement is not available unless specifically catered for within the manufactures warranty procedure. Many manufacturers operate an in-transit / on-site swap-out warranty service and this should be used in preference to returns to SCC as this is often the most expedient method of obtaining a repair or replacement unit. SCC will perform to and in accordance with the manufactures warranty and timescales where goods are returned to the Company.
Goods returned as unwanted or incorrectly ordered – these will only be accepted subject to the goods being returned to SCC in full working order, without defect or defacement of any kind. Any loss of items, defect or defacement will be deducted from the refund using the rates set out below. The goods must also be returned with all retail packaging, ancillaries, cables etc. and without defacement and in such condition as to allow the goods to be resold in new retail condition. The following returns / re-stocking fees apply:-
Perfect condition (able to be resold as new): 10%
Missing / defaced retail packaging (cannot be resold as new): 15%
Missing parts (or other serious loss of value): 20% + cost of replacement items
Serious loss/damage to the goods: 25% plus cost of repair / replacement parts as required to return the goods back to merchantable quality
The customer shall note any claim for short delivery and/or for damage to goods on the delivery note at the time of delivery and shall confirm such claims in writing to SCC registered office within five working days from that of delivery. Compliance with this requirement shall be a condition precedent to any claim of short delivery and/or damaged goods. If short delivery does take place the customer undertakes not to reject the goods, but accept the goods delivered as a part performance of the contract. Unless within three days of delivery the customer gives notification in writing to SCC in respect of any damage and/or short delivery of goods, SCC shall be under no liability to the customer and will make no allowance for any loss or damage caused thereby. In the case of non-delivery written notification must also be made within fourteen days of receipt of invoice and SCC will not be liable for non-delivery or damage in transit if the above conditions are not met. SCC shall use its best endeavours to deliver the goods to the customer on the due date for delivery, but does not guarantee to do so and shall not be liable for any expense, loss or damage arising out of any delay or late delivery or for any failure to make delivery. Time of delivery shall not be the essence of the contract unless expressly so stipulated and agreed to by the Company Secretary of SCC in writing. If goods are not available, SCC will notify the customer accordingly and if the customer so requests, SCC will use its reasonable endeavours to supply suitable substitute products. Where the goods are not delivered by SCC, but by an independent carrier, delivery to the carrier shall be delivery to the customer. If the customer fails to take delivery on the agreed delivery date or, if no specific delivery date has been agreed, when the goods are ready for despatch SCC shall be entitled to store and insure the goods and to charge the customer a reasonable cost for so doing and to render its account for the price. The customer shall not be entitled to terminate his order if such delay, late delivery or failure to deliver shall occur directly or indirectly by reason of any cause outside the control of SCC, including, but not limited to, any enemy action, break-downs, transport delays, force majeure, Government prohibition or restriction of fire. In any case, short, incorrect or faulty supplies found after our representative has left must be reported within 10 days of delivery.
Price & Cost Variation
Quotations and estimates issued by SCC are, unless otherwise stated, based on current costs of production and supply and are subject to amendment on or after acceptance to meet any recognised rise or fall in such cost. The prices payable for all goods supplied by SCC will be those in force on the date of despatch of the goods in question. Unless otherwise stated all prices are exclusive of packing and delivery charges and all such reasonable charges shall be payable by the customer.
Government Taxes or Levies
Any variation to prices quoted as a result of Government taxes and levies will be for the customers account.
Risk in the goods supplied shall pass to the customer on delivery. SCC shall retain title to the goods supplied until such time as the purchase price and packing and delivery charges for those goods and all other goods from time to time supplied by SCC shall have been paid in full by the customer. The customer shall ensure that the goods supplied by SCC are identifiable as such and kept separate and apart from all other goods of a similar nature. Until the title to the goods passes to the customer, the customer grants to SCC free, unconditional license to enter on the customer premises at any time for the purpose of repossessing any such goods. Should the goods become constituents of, or converted into other products while subject to an equitable and beneficial ownership, SCC shall have the equitable and beneficial ownership in such other products as if they were solely and simply the goods and accordingly the operation of the clause shall as appropriate apply to such other products.
Payment for goods and services becomes due 7 days (30 days for business customers with an agreed credit account) from the date of the invoice and the customer shall pay all accounts in full and not exercise any rights of set-off or counter claim against invoices submitted. In the event that payment is not made within that period interest shall accrue on a daily basis from the date of invoice of the amount outstanding at the rate of 5% per annum above Barclays Bank plc base rate and further, SCC shall be entitled to withhold delivery of any further orders from the customer then outstanding, but without prejudice to any other rights SCC may have. In the event of payment not being made when due, SCC may remove and repossess the goods and for that purpose SCC shall be entitled to enter upon the premises occupied by the customer in addition to exercising such other rights or remedies as may be conferred upon it by law.
User files and Licensed software
Your data files / folders are your own responsibility, and whilst the company will exercise normal professional due diligence with regards to your computer and its live-data, the Company will not be liable for any loss of data whatsoever. Unless specifically requested by you, our engineer will not backup your data / files. SCC does not supply and will not install or re-install illegal copies of any licensed software which would result in SCC committing a breach of the software licence terms or its contract with those suppliers.
SCC shall not be liable to the customer for, or in respect of any consequential loss of the customer, whether for or arising out of any breach of the agreement, or error (whether negligent or not) in information supplied to the customer before or after the date of this agreement in connection with its subject matter. A "consequential" loss shall include loss of profit, use or goodwill (or similar financial loss), any payment made or due to any third party and any loss or damage caused by delaying delivery or installation or in supply of products or services to be provided under this agreement. Any liability of SCC to the customer, whether for or arising out of any breach of this agreement or error (whether negligent or not) in information supplied to the customer before or after the date of this agreement in connection with its subject matter shall not exceed in total the amount paid to SCC under this agreement.
Goods held in Trust
Where the company has been provided with goods belonging to the customer for the purpose of repair, upgrade, insurance assessment, estimates or similar activities; the company shall keep those goods securely for 90 days from the date of the original job booking. If the goods have not been collected within 90 days, the company at its discretion shall dispose or destroy those goods in order to release the storage space. If the job has an amount owing to the company which remains unpaid after 90 days, then the goods will be sold in order to recover our losses and costs incurred.
SCC provides a level of DOA warranty cover over and above those provided by the manufacturer where a terminal fault is reported to SCC within the first 7 days after purchase. DOA (dead on arrival) and PEF (premature equipment failure) will be immediately exchanged for another like-for-like item. After 7 days the company will revert to the manufacturers standard warranty policy. You are required to provide SCC with enough time and opportunity to investigate, and if applicable, remedy the problem prior to you taking any additional action. Please note - no refund will be provided where a 3rd party has interfered with the goods prior SCC having an opportunity to investigate your claim. Most equipment supplied by SCC will carry an ‘anti-tamper’ warranty seal. Where these are fitted you must contact SCC prior to breaking the seal for entry permission. Failure to do so is likely to invalidate your warranty. Any warranty claims subsequently found to be caused by user-error, misuse, neglect, or physical damage will be deemed to be chargeable work by SCC.
Installation and Commissioning Services
SCC provides on-site services for many products where the customers feels unable to complete a successful self-installation of the equipment. A product having been installed by SCC does not imply any change of applicable warranty cover, and specifically does not alter extend or improve upon it. The offer of an installation service by SCC does not offer or imply any extended suitability, or fitness for customer purposes. A product found to be faulty during the warranty period will be entitled to the standard warranty provision only (see warranty). Re-installation and/or configuration of said equipment is not included in any warranty.
Internet Connections and Email Problems
Internet/email connections are inherently prone to service-outages. These can include telephone line failure, Internet Service Provider (ISP) contention ratios and/or slow ISP response times or other external factors, all of which are beyond the control or liability of SCC. Where SCC has provided an on-site commissioning service which included configuration of internet and/or email then the Companies liability is for a maximum period of 7 days, and is restricted to ensuring that the necessary connection/server parameters are correctly configured as required by the ISP. Any connection problem found after 7 days should in the first instance be referred to the appropriate ISP. SCC can help to investigate email/connection problems and will happily act as an appointed professional representative of the customer to act on your behalf. Our standard hourly rate then applies.
Returns following on-site Installation by SCC
As mentioned previously, it is the customers own responsibility to ensure suitability and fitness for your purposes unless you have paid an additional consultancy fee for the company to provide consultancy. Should a return be necessary (see returns) any installation/commissioning changes will remain due as these services are offered as a separately professional activity and are not provided pre-conditionally to any equipment performance factors. Any re-installation of a suitable replacement item will be entirely at the discretion of SCC, and SCC reserved the right to charge for such re-installation as necessary. If SCC is to provide an installation/commissioning service, then the companies liability extends to ensure that any equipment purchased is technically able to provide the stated connectivity (e.g. that a keyboard is electrically compatible with the customers PC), However, the company does not provide any additional guarantee of performance, speed, reliability or suitability of the equipment purchased.
Upgrade / replacement recommendations
During a repair/upgrade inspection, SCC engineers may recommend an appropriate upgrade or replacement due to issues of performance, identified fault, known reliability issues, product longevity, supportability or compatibility. Should a problem arise after our inspection, and the customer has chosen not to act upon our recommendations, then any additional remedial work will be charged at our normal rate plus parts required.
Any information provided, or statements made by SCC to the customer (whenever made) in respect of the delivery and/or performance of the products shall be deemed to be expressions of SCC expectations and not the representations of facts. The customer represents and warrants to SCC that no information has been given or statement has been made which the customer intends to rely upon except that contained in writing and signed by or on behalf of SCC.
All notices to SCC herein provided for shall be sent by the customer in writing by first class post recorded delivery for the attention of the Company Secretary and the customer must retain the relevant receipt, otherwise a notice shall not be considered as having being duly given unless SCC so concedes in writing.
Contracts with SCC shall be governed by and shall be enforced in accordance with the law of the England and SCC and the customer hereby submit to the jurisdiction of the English courts.
Southwell Computer Centre is a member of the Professional Computing Association. As such we operate entirely in accordance with the Code of Practice and Code of Ethics as prescribed by the Association. A copy of these documents can be obtained from http://www.pcassociation.org