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TERMS AND CONDITIONS OF SUPPLY / SERVICE
1. DEFINITIONS 1.1 “Customers” or "Clients" means the party identified as the Customer in this agreement to whom Essex PC Doctor may agree to supply with these terms and conditions. 1.2 “Essex PC Doctor” means Essex PC Doctor or any subsidiary or associated company. 1.3 “Products” means goods including but not limited to computer hardware and software items to be provided by Essex PC Doctor to the Customer in accordance with these terms and conditions. 1.4 NO FIX - NO FEE(1). This offer excludes TFT, PLASMA, LCD OR CRT Monitors, all printers, scanners, digital cameras and external hard drives, portable media devices, mobile phones, consoles and pda devices. Initial diagnosis of faulty broadband / network equipment will be chargeable labour but the installation of the replacement equipment will be free of charge as this usually requires a second appointment to be made to install replacement equipment. This offer also excludes items deemed by Essex PC Doctor or their appointed agents to be beyond economic repair, or items that cannot be repaired due to non-available parts from manufacturer or 3rd party supplier. If a computer cannot be repaired but personal data is recovered as a service, a labour charge still applies. If the engineer is booked to attend a site to install equipment supplied by the Customer and the equipment is of the incorrect specification, inappropriate or faulty, a standard labour charge still applies. 1.5 ANY COMPETITORS QUOTE MATCHED OR BEATEN(2). Any written quotation on headed stationary from a supplier who has their registered offices within 15 mile radius of the Customer's own address, will be matched or beaten on a like for like basis. Should any additional work be identified once the repair is undertaken, then this offer becomes null and void and all work will be completed at the standard labour rates. 1.6 DISCOUNTS SCHEME FOR CLIENT REFERRALS(3). When booking an appointment for an Engineer to visit, please ensure that you mention that you were referred to our services by an existing customer. This will be recorded on the booking system. The engineer will then offer a £5 discount on the standard labour cost of the completed repair for that Customer's visit. In addition, the Customer who made the recommendation will receive a discount of £5 on the standard labour cost of the repair for their next booking. Only one discount can be applied / honoured for any client, visit, or repair in any 30 day period. 1.7 SAME DAY APPOINTMENTS CAN BE MADE IMMEDIATELY(4). Subject to availability, appointments can be made for an Engineer to visit on the same day as the call. Appointments must be booked with a receptionist during normal office hours. Appointments can only be booked two hours after the time of the call to make the booking. Same day appointments cannot be cancelled once confirmed with the receptionist. The last appointment available is 4 p.m. on normal working days. 2. ORDER ACCEPTANCE 2.1 All orders placed with Essex PC Doctor by the Customer for Products shall constitute an offer to Essex PC Doctor, under these terms and conditions, subject to availability of the Product and to acceptance of the order by Essex PC Doctors’ authorised representative 2.2. All orders are accepted and Products supplied to subject to these express terms and conditions only. No amendment of these terms and conditions will be valid unless confirmed in writing on or after the date hereof by Essex PC Doctors’ authorised representative. 2.3. It is agreed that these terms and conditions prevail over the Customer’s terms and conditions of purchase unless these latter terms and conditions are amended by Essex PC Doctor in writing and signed by Essex PC Doctors' representative. 3. INDEPENDENT CONTRACTOR The relationship between Essex PC Doctor and the Customer is that of independent contractor. Neither party is the agent of the other, and neither party has any authority to make any contract or make any obligation expressly or impliedly in the name of the other party, without that party’s prior written consent for express purposes connected with the performance of the Agreement. 4. DESPATCH 4.1 Any time quoted for despatch is to be treated as an estimate only, but despatch may be postponed because of conditions beyond Essex PC Doctors’ reasonable control, and in no event shall Essex PC Doctor be liable for any damages or penalty for delay in despatch or delivery. 4.2 Risk shall pass to the Customer at the time the Products are despatched by Essex PC Doctor,. Essex PC Doctor accepts no liability for loss or damage caused by the carrier. 4.3 If Products have not been received, or are received damaged, the Customer must notify Essex PC Doctor within 30 days of the date of the invoice. If proof of delivery is required, this must be requested within 7 days of the date of the invoice. 5. CANCELLATION AND RESCHEDULING Subject to clause 8.2, any request by the Customer for cancellation of any order or for rescheduling of deliveries will only be considered by Essex PC Doctor if made at least 24 hours before despatch of the Products, and shall be subject to acceptance by Essex PC Doctor at our sole discretion, and subject to a reasonable administration charge therefore by Essex PC Doctor. The Customer hereby agrees to indemnify Essex PC Doctor against all loss, costs (including the cost of labour and materials used and overheads incurred), damages, charges and expenses arising out of the order and its cancellation or rescheduling. 6. PRICES 6.1 Catalogues, price lists and other advertising literature or material as used by Essex PC Doctor are intended only as an indication as to price and range of goods offered and no prices, descriptions or other particulars contained therein shall be binding on Essex PC Doctor. 6.2 All prices are given by Essex PC Doctor at the time of the order on an ex-works basis and the Customer is liable to pay for transport packing and insurance. 6.3 All quoted or listed prices are based on the cost to Essex PC Doctor of supplying the Product to the Customer. If before delivery of the Products there occurs any increase in any way of such costs in respect of Products which have not yet been delivered, the price payable may be subject to amendment without notice at Essex PC Doctors’ discretion. 6.4 All prices are inclusive of Value Added Tax and any similar taxes. All such taxes are payable by the Customer and will be applied in accordance with UK legislation in force at tax point date. 7. PAYMENT TERMS 7.1 Invoices will be raised and dated by Essex PC Doctor on the date of despatch of the Products. Unless otherwise specifically negotiated and agreed, invoices will be payable by the Customer immediately in cash on receipt of the goods, unless payment terms have previously been agreed upon. Payments which are not received when payable will be considered overdue and remain payable by the customer together with interest for late payment from the date payable at the rate of 4% per annum above the base rate for the time being of Barclays Bank plc. Such interest shall accrue on a daily basis and be payable on demand after as well as before judgement. 7.2 Unless the Company shall otherwise specify in writing all goods sold by the Company to the Purchaser shall be and remain the property of Essex PC Doctor until all prices, taxes and charges due in respect of the Products and any products supplied previously to the Customer have been paid in full. 7.3 Notwithstanding despatch and the passing of risk in the Products to the Customer pursuant to Clause 4, or any other provision of these conditions, the property in the hardware Products shall not pass to the Customer until Essex PC Doctor has received in cash or cleared funds payment of the price of the Products and all of the products agreed to be sold by Essex PC Doctor to the Customer for which payment is then due. 7.4 The Customer’s power of sale or right to use such Products shall immediately cease of an Administrative Receiver is appointed over all or any part of its assets or if it is adjudicated bankrupt or enters into liquidation whether compulsory or voluntary, or if the Customer makes an arrangement with its creditors, or generally becomes unable to pay its debts within the meaning of the Insolvency Act 1986. 7.5 On the termination of the Customer’s power of sale or right to use the products the Customer will Immediately hold the Products to the order of Essex PC Doctor. 7.6 The Customer shall not be entitled to pledge or in any way charge by way of security for any Indebtedness any of the Products which remain the property of Essex PC Doctor, but if the Customer does so, all monies owing by the Customer to Essex PC Doctor shall (without prejudice to any other right or remedy of the seller) forthwith become due and payable. 7.7 Essex PC Doctor receives the right to cease supplies of goods of Products to the Customer at any time. On such cessation of supplies, Essex PC Doctor reserves the right to withdraw any credit facility such that the whole of the Customer’s account becomes due for payment forthwith. 8. SPECIFICATION OF PRODUCTS 8.1 Essex PC Doctor will not be liable in respect of any loss or damage caused by or resulting from any variation for whatsoever reason in the manufacturer’s specifications or technical data and will not be responsible for any loss or damage resulting from curtailment or cessation of supply following such variation. Essex PC Doctor will use its reasonable endeavours to advise the Customer of any such impending variation as soon as it receives any notice thereof from the manufacturer. 8.2 Unless otherwise agreed, the Products are supplied in accordance with the manufacturer’s specification as these may be improved, substituted or modified. Essex PC Doctor reserves the right to increase its quoted or listed price, or to change accordingly in respect of any orders accepted for Products of non-standard specifications and in no circumstances will it consider cancellation of such orders or the return of the Products. 9. RETURNS 9.1 Essex PC Doctor reserves the right to levy an administration charge in respect of the return of products. 9.2 Returns must be made subject to the following:- a) prior authority having been obtained from Essex PC Doctor which will be given at our sole discretion. b) the Products must be returned in original undamaged packing together with all original material. c) claims for Products which are dead on arrival will only be considered if made within 7 days of the date of invoice. 9.3 Essex PC Doctor reserves the right to reject any Products returned which do not comply with the conditions set out in clause 9.2. 9.4 If Essex PC Doctor nevertheless agrees to accept any Products returned in a non-saleable condition, Essex PC Doctor reserves the right to charge the cost to the Customer of bringing the Products to a saleable condition. 10. WARRANTY 10.1 Essex PC Doctor warrants that it has a good title to or license to supply all Products to the Customer. 10.2 If any part of the hardware Products should prove defective in materials or workmanship under normal operation or service, such Products will be repaired or replaced in accordance with 12 months warranty from date of invoice provided that no unauthorised modifications to the Product or to the system of which the Product forms part have taken place. Essex PC Doctor is not responsible for the cost of labour or other expenses incurred in repairing or replacing defective or non-conforming parts. 10.3 If the Products are rejected by the Customer as not being in accordance with the Customer’s order pursuant to clause 10.2 Essex PC Doctor will only accept return of such Products provided that it receives written notification thereof giving detailed reasons for rejection. Essex PC Doctor will not consider any claim for compensation, indemnify or refund until liability, if any, has been established or agreed with the manufacturer and where applicable the insurance company. Under no circumstances shall the invoiced Products be deducted or set off by the Customer until Essex PC Doctor has passed a corresponding credit note. 10.4 Except as specifically set out in this clause 10, Essex PC Doctor disclaims and excludes all other warranties, whether express or implied, by statute or otherwise, including but not limited to the warranties of description, design, merchantability and fitness for a particular purpose, or arising from any previous course of dealing, usage or trade practice. 11. INDEMNITIES AND LIMITS OF LIABILITY 11.1 Essex PC Doctor disclaims and excludes all liability to the Customer in connection with these terms and conditions including the Customer’s use of the Products and in no event shall Essex PC Doctor be liable to the Customer for special indirect or consequential damage, including but not limited to loss of profits arising from loss of data or in connection with the use of the Products. All terms of any nature, express or implied, statutory or otherwise, as to correspondence and any particular description or sample, fitness for purpose of merchantability, are hereby excluded. 11.2 The Customer shall indemnify and defend Essex PC Doctor and its employees in respect of any claims by third parties which are occasioned by or arise from any Essex PC Doctor performance or non performance pursuant to the instructions of the Customer or its authorised representative. 12. TERMINATION FOR CAUSE This agreement may be terminated forthwith by notice in writing; 12.1 By Essex PC Doctor if the Customer fails to pay any sums due hereunder by the due date notwithstanding the provisions for late payment in clause 7.1. 12.2 If either party fails to perform any of its obligations under this Agreement and such failure continues for a period of 14 days after written notice thereof, by the other party. 12.3 If either party is involved in any legal proceedings concerning its solvency, or ceases trading, or commits an act of bankruptcy or is adjudicated bankrupt or enters into liquidation, whether compulsory or voluntary, other than for the purpose of an amalgamation or reconstruction, or makes an arrangement with its creditors or petitions for an administration order or has a Receiver or Manager appointed over all or any part of its assets or generally becomes unable to pay its debts within the meaning of Section 123 of Insolvency Act 1986, then without prejudice to any other rights or remedies available to it, the other party shall have the right to terminate this Agreement forthwith. 12.4 Any termination of this Agreement pursuant to this clause shall be without prejudice to any other rights or remedies a party may be entitled to hereunder or at law, and shall not affect any accrued rights or liabilities of either party. 13. EXPORT AND/OR RE-EXPORT LIMITATION Having regard to the current statutory or other United Kingdom regulations in force from time to time and, in the case of Products manufactured in the United States of America, to the current export rules and regulations of the United States Department of Commerce in force from time to time and regardless of any disclosure made by the Customer to Essex PC Doctor of an ultimate destination for any Products, the Customer will not export or re-export directly any Products without first obtaining all such written consents or authorisations as may be required by any applicable government regulations. 14. CONTRACT 14.1 The headings in this Agreement are for ease of reference only and shall not affect its interpretation or construction. 14.2 No forbearance, delay or indulgence by either party in enforcing its respective rights shall prejudice or restrict the right of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or any later breach. 14.3 The Customer agrees to assign any of its rights herein without the prior written consent of Essex PC Doctor. 14.4 In the event of any of these terms and conditions or any part of any of them being judged illegal or unenforceable for any reason, the continuation in full force and effect of the remainder of them shall not be prejudiced. 14.5 Neither party shall be liable to the other for any delay in or failure to perform its obligations hereunder (other than a payment of money) where such delay or failure results from force majeure, act of god, fire, explosion, accident, industrial dispute or any other cause beyond its reasonable control. 14.6 Any documents or notices given hereunder by either party to the other must be in writing and may be delivered personally or by recorded delivery or registered post and in the case of post will be deemed to have been given 2 working days after the date of posting. Documents or notices shall be delivered or sent to the addresses of the parties on the first page of this Agreement or to any other address notified in the normal course of trading in writing by either party to the other for the purpose of receiving documents or notices after the date of this Agreement. 14.7 These terms and conditions shall be governed and constituted in accordance with English Law. 15. RETENTION OF TITLE 15.1 Products delivered to the Customer will remain the property of Essex PC Doctor until all sums due to Essex PC Doctor from the Customer whether in respect of the Products or otherwise are paid to Essex PC Doctor. In the event of any default by the Customer in payment of any such sum Essex PC Doctor shall be entitled to retain possession of the Products. 15.2 Until sums due from the Customer to Essex PC Doctor have been paid or until resale in accordance with sub- Paragraph 15.3 of this clause the Customer will keep and mark the Products in such a way as to show they are the property of Essex PC Doctor and shall hold the same as bailee of Essex PC Doctor. 15.3 The Customer shall be entitled as agent of Essex PC Doctor before the property and the Products has passed (but subject to any lien or right of retention on the part of Essex PC Doctor):- a) To resell the Products or any part thereof but shall pay to Essex PC Doctor the proceeds of sale or such part thereof as may be necessary to pay all sums due to Essex PC Doctor from Essex PC Doctor and until such payments shall hold the proceeds of sale on trust for Essex PC Doctor |
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