Computer Services – Terms of Service
1. Interpretation In these Terms and Conditions ( Terms ), the following words and phrases shall have the following meanings:
“the Buyer” means the person, firm or company who purchases the Goods from the Company:
“the Company” means Caterham Computing;
“Contract” means the contract between the Company and the Buyer which shall be deemed to incorporate these Terms;
“Goods” means any goods agreed in the Contract to be supplied by the Company to the Buyer;
“Place of Delivery” means the place to which the Goods are to be delivered.
In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
2. The Contract The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer.
No terms and conditions contained in the confirmation of order, purchase order or other document of the Buyer will form part of the Contract.
3. Suitability The Company shall strive to act in the Buyer’s best interest but regardless of any advice, recommendation or quotation, whether written, verbal or implied by the Company, the onus is firmly upon the Buyer (before placing an order) to satisfy themselves in all respects and in particular about the viability and suitability of the Goods for their purposes.
4. Cancellation The Buyer may not cancel an Order for Goods (or Repair) without the Company’s written agreement, such agreement not to be unreasonably withheld.
5. Delivery Unless otherwise agreed in writing, the Place of Delivery shall be the Company’s premises and the Buyer shall take delivery within 7 days of the Company notifying the Buyer that the Goods are ready for delivery.
Any dates specified by the Company for delivery of the Goods are intended to be an estimate only. If no date is specified for delivery of the Goods, delivery shall be within a reasonable time.
Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 60 days.
The Buyer’s signature on the Company’s Delivery Note, Repair Note or Invoice shall constitute full and conclusive proof of satisfactory Delivery accepted by the Buyer.
The Buyer must notify the Company immediately by telephone and in writing within seven days of any incomplete Delivery or faulty Goods. Failure to do so may invalidate any claim.
6. Risk in and Ownership of the Goods Risk in the Goods shall pass to the Buyer on delivery and stay regardless of return for repair or other purposes.
Ownership in the Goods shall not pass to the Buyer until the Company has received in full in cleared funds all sums due to the Company in respect of the Goods and all other sums which are or may become due to the Company from the Buyer on any account.
Until ownership of the Goods has passed to the Buyer, the Buyer shall:
hold the Goods on a fiduciary basis as the Company’s bailee;
store the Goods separately from all other goods of the Buyer or any third party in such a way that they remain identifiable as the Company’s property;
not destroy or deface any identifying mark on the Goods or their packaging;
maintain the Goods in satisfactory condition insured with the Company’s interest noted on the policy and hold any proceeds of such insurance on trust for the Company and not mix them with any other money.
Regardless of title the Company may refuse to release or may sell or otherwise dispose of the Buyer’s Goods if all charges (including storage) are not settled in full or if the Goods are not collected within six months of Repair Note date.
It is the responsibility of the Buyer to insure the Goods against theft, loss in transit, damage, loss of data and all other risks.
7. Price The price for the Goods shall, unless otherwise agreed, be the price set out on the date of delivery in the Company’s price list. The price for the Goods shall be exclusive of all costs of carriage and insurance and applicable VAT which the Buyer shall pay in addition.
The Buyer shall pay such deposit as the Company shall direct.
8. Payment The Company’s normal terms are payment of a 50% deposit upon ordering, with the remainder to be paid upon invoice or upon Delivery of Equipment if sooner.
Payment shall not be deemed to have taken place until the receipt by the Company of cleared funds.
The Company shall charge interest at 2% per month or part month on overdue accounts. The Company shall also charge the Buyer all legal fees and expenses incurred in the collection of overdue accounts.
9. Returns and Credits The Company shall not accept (except at their sole discretion) the return of Goods for full or partial refund or credit.
10. Warranties Unless otherwise stated on the Company’s documentation, all Goods have a “Return To Base” warranty under which the Company shall repair free of charge or at its sole discretion return to manufacturer for repair or replacement any Goods supplied by the Company within its warranty period that is established by the Company to be defective or have developed a fault under normal usage. The Company may levy handling charges to cover packaging, carriage and any other expenses thus incurred.
Unless otherwise stated on the Company’s documentation, the Warranty period for “New” goods shall be nine months and for “Second Hand” goods shall be one month, or the remainder of the original manufacturer’s warranty period if greater. Warranty period for “Minimum Repairs” shall be three months and for “Full Repairs” one year from date of first repair.
If the Buyer wishes to make a claim under this warranty, the Buyer shall give written notice to the Company within 30 days of the discovery of the defect and give the Company a reasonable opportunity to inspect the Goods in question.
The Company shall not be liable for any breach of warranty if the Buyer makes any further use of the Goods after giving such notice or alters or repairs the Goods without the agreement of the Company.
The Company’s liability under the warranty shall be limited to repairing or replacing the Goods in question or refunding the price of such Goods.
11. Limitation of Liability The Company’s liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed the cost of the Goods and be limited to the Warranty period. The Company shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages. It is the Buyer’s responsibility to insure against these risks.
12. Software The Buyer shall not acquire title to software, merely a “licence to use”. The Buyer agrees to comply with terms of such licence and in particular guarantees not to pass on, sell or copy the software except for the Buyer’s own security purposes.
13. Repairs It is the Buyer’s sole responsibility to take and keep adequate backup or copy of all software and data. The Company shall not be liable for any loss or damage resulting from a loss or corruption of the Buyer’s software or data.
The Company shall strive to complete all repairs as speedily as possible but the Company shall not be liable for any loss or damage resulting from any delay in effecting repairs or from incomplete or faulty repairs whether under warranty or not.
14. Repair types A “Minimum Repair” is the repair to cure the observable or readily identifiable symptom of the fault as specified on the Repair Note, but not necessarily the cause of the symptom or fault and it does not include a service or general overhaul of the equipment. If the symptom should return or develop again, the Company may at their sole discretion levy a fresh charge for a fresh repair or re-repair.
A “Full Repair” is a repair to the symptom as well as the cause of the fault as specified on the Repair Note. This does not infer or make any further guarantees other than that any subsequent occurrence of the fault within the warranty period shall be repaired free of charge or if uneconomic (at the Company’s sole discretion) a full refund shall be made. It does not include a service or general overhaul of the equipment.
15. Repair charges A Minimum handling Charge shall be levied on all repairs undertaken by the Company, regardless of the outcome, including cases when the attempted repair is unsuccessful or aborted for any reason, or when there is no fault found or when the equipment is beyond economic repair.
16. Force Majeure If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
17. General If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect.
18. Errors & Omissions The Company may correct any errors or omissions in their documentation without prejudice to their interests.