|
CTL Computer Technologies Ltd. |
|
|
Terms and Conditions of trading
1 DEFINITIONS AND EFFECT OF CONDITIONS (a) The company means CTL Computer Technologies Ltd. (b) These conditions shall apply and be incorporated into every agreement between CTL Computer Technologies Ltd and any company, person or firm ("the customer") under which the company supplies services or goods at the request of the customer. (c) These conditions shall supersede all earlier and any other previous conditions of the company. (d) These conditions shall take precedence over any conditions of the customer and shall not be varied without the written consent of a Director of CTL Computer Technologies Ltd. 2 DELIVERY OF GOODS (a) Delivery of goods to the customers address or any other place stipulated by the customer shall constitute delivery and the risk therein shall pass upon such delivery to the customer. (b) The company shall be entitled to make deliveries by instalments or partial deliveries and these conditions shall apply to the deliveries by instalments and partial deliveries. (c) Any delivery dates which are quoted verbally or otherwise are only estimates and in regard to any such date and time shall not be the essence. 3 FRUSTRATION etc etc (Force Majuere) If the company is prevented at any time from performing contractual obligation or if any loss, injury, damage or delay in delivery is occasioned by or due to any cause beyond the company's control including ( but without prejudice to the generality of the foregoing expression) the commission of the criminal act, act of war (whether declared or not), accident, civil commotion, strike or lock outs, Act of God or any restriction imposed by local municipal government authority ( including Customs Authorities) whether foreign or British, the company shall be entitled forthwith to determine the contract and to be discharged from all liabilities whatsoever to the Customer and the company shall not be liable for any such loss or damage, injury or delay as foresaid. 4 PAYMENT FOR GOODS (a) The payment is strictly C.O.D. (b) The company reserve the right to suspend deliveries where payment is not received in accordance with paragraph (a) of this clause or in accordance with any alternative terms of payment agreed in writing. (c) Where payment is not made in accordance with the terms of paragraph 4(a) hereof the customers shall pay interest on any unpaid amounts calculated at 3% above National Westminster Bank Plc's base rate for the time being in force calculated on a daily basis. (d) No cash or other discount is allowed unless agreed in writing by a director of CTL Computer Technologies Ltd. (e) If the company is able to deliver some items comprising the goods the subject of an agreement but unable to deliver all such items due to causes beyond its control (including but not limited to the examples referred to CONDITION 3 hereof) the customer shall pay for such items as are delivered. 5 PRICE (a) Unless otherwise stated any prices quoted by the company are : 1. exclusive of value added tax or any other taxes. 2. exclusive of carriage insurance and packing. 3. exclusive of any release certification or documentation which the company shall charge extra in respect of the above items. (b) Prices quoted are those current at the time of quotation and the price payable by the customer shall be that which is current at the time of delivery to the customer. (c) Where agreed call off's are not adhered to by the BUYER, the company reserves the right to amend the price structure in accordance with the quantities delivered. 6 ORDERS FOR GOODS OR SERVICES BY TELEPHONE The customer agrees to send the company a written order in confirmation to any telephone orders made duly marked with a confirmation or purchase order reference otherwise the company can not accept any liability for any discrepancies of delivery made. 7 TITLE OF THE GOODS (a) Immediately upon delivery to the customer of any goods agreed to be sold by the Company to the customer the customer shall become the Bailee thereof and the legal title thereto shall be retained by the Company as Baylor, legal title in the goods shall not pass to the customer unless and until the customer shall have discharged all its indebtedness to the Company in respect of the goods. (b) Not withstanding the terms of (a) above the customer shall be entitled before discharging its obligations to the Company to resell the goods or any of them. Upon such resale and without derogation from the Company's other remedies ( including its right to trace ) the customer shall hold the proceeds of sale upon trust for the Company until such a time as all the customers indebtedness to the Company under any contract sale entered into between them or otherwise shall have been discharged. 8 DESCRIPTIONS All descriptive weights, descriptions, dimensions and illustrations contained in the price and sales literature are approximate only and shall not form part of this agreement. In addition, technical documents, drawings issued before or after conclusion of this Agreement for the use or information by the customer and such other information as may be supplied to the Customer including specifications shall not be copied , communicated or reproduced to any third party without the Company's prior written consent. 9 DAMAGE OR LOSS IN TRANSIT OF GOODS (a) The Company will not be responsible for damage or loss to any of the goods or part thereof in transit unless the Customer gives written notice of a claim to the Company and to the carrier. (b) In the case of damage within 24 hours after having received the goods and (c) In the case of shortage or loss within 24 hours of having received the goods and (d) The Customer will be asked to sign a copy of the Company's carriers delivery manifest as acknowledgement of receipt of goods. The customer should inspect the goods carefully as an unqualified signature shall be deemed to signify the customers acceptance that the goods are in good condition and having no damage.. (e) If the customer does not adhere to (d) above then the Company reserves the right to apply an insurance claim excess of £60.00 payable by the customer to the Company in respect of each claim made by the customer. 10 GUARANTEE In respect of the goods the subject matter of any warranty, or guarantee given by the manufacturers of the same, the Company guarantees to the customer that such goods will be free from defects caused by poor workmanship or faulty materials for the period of the warranty or guarantee , 7 days on chassis and 12 months on power supply units. Under this warranty the Company will at its discretion either replace with a similar product or repair any product which the Company has supplied as a result of faulty components or workmanship provided that (a) That the Company is informed in writing within 2 days of the Customer first discovering any such defects and in any event during the manufacturers warranty period. (b) The defective goods are returned to the company at the customers expense. (c) Examination by the Company of such goods discloses to its satisfaction that such defects exist and have not been caused by courier damage, misuse, abuse, neglect, accident, handling, installation or repair or modification not effected by the company. (d) The customer shall pay the Company the cost ( as certified by the company ) of any examination of such goods as a result of which the Company denies liability. (e) No guarantee for mechanical or cosmetic damage , misuse , abuse , incorrect application or courrier damage for any products. (f) Any Company or manufacturers warranty seals or labels which have been broken, defaced, altered of removed whether intentionally or unintentionally will void any warranty or guarantee which the company offers on its products. (g) The company shall not be liable in any way for products which have failed outside the guarantee period' (h) Guarantee periods can not be extended on any products. 11 EXCLUSION OF LIABILITY (a) Except where provided otherwise in these conditions, the Company shall be under no liability of whatsoever kind however caused whether or not due to the negligence or wilful default of the Company or its servants or agents arising out of or in connection with goods. All conditions, other terms and warranties , whether express or implied, statutory or otherwise, are hereby expressly excluded provided that nothing in this paragraph shall exclude or restrict any liability of the Company for death or personal injury resulting from the negligence of the company or its agents or servants. (b) In any event, the Company's liability shall be limited to direct loss and shall not include ensuing, indirect or consequential loss. (c) The Company shall not be liable for the damage or loss to Software Programs , Data or hardware during the upgrade or repair of any goods whether or not the same are under warranty. 12 RETURNED GOODS AND CANCELLATIONS The customer shall not return goods or cancel orders without the company's written consent. If the Company agrees to give such consent, it reserves the right to make a cancellation charge Such consent will not be given for goods which have been specially purchased by the Company to the customers specifications. Goods which are returned for credit must be in pristine saleable condition, complete with all accessories and in the original unmarked packing. Failure to satisfy these criteria to the company will result in the goods not being accepted for credit. 13 INTELLECTUAL PROPERTY RIGHTS, COPYRIGHT, PATENT AND TRADE MARKS (a) The customer acknowledges that rights in respect of trade marks, trade names, copyrights, patents and other intellectual property rights connected with the goods do not pass to the customer. (b) The customer agrees to indemnify the company against all liabilities, costs and expenses which the Company may incur as a result of work done in the accordance with the customer's specifications which involve infringement of any patent or proprietary right. 14 SUBCONTRACTING OF SERVICES The Company reserves the right sub-contract any part of any work or supply of any goods or services. 15 CONSTRUCTION AND USE OF GOODS The Company shall not be responsible for adapting or modifying any goods to conform to statutory requirements not current at the time of the acceptance of order. 16 HEADINGS The headings of these conditions are for convenience only and shall have no effect on the interpretation thereof . 17 TERMINATION The Company shall be entitled by notice in writing to terminate any agreement with prejudice to any claim or right the Company may otherwise make or exercise where (a) The customer is in breach of any term, condition or provision of this agreement or required by law. (b) The customer shall go into liquidation ( except for the purpose of reconstruction ) or if any petition or resolution to wind up the customer shall be presented or if a receiver is appointed of the customers undertaking property of assets or if a distress shall be levied upon any of the customers property or if the customer shall commit any act of bankruptcy. 18 JURISDICTION The agreement shall be governed and construed in accordance with English law and the courts of England shall have jurisdiction to hear all disputes arising in connection with the agreement. 19 DECLARATION Whilst all or any part of the sum or sums due to CTL Computer Technologies Ltd. for goods supplied to the buyer remain outstanding then the ownership of and title to goods supplied by CTL Computer Technologies Ltd. to the buyer shall at all times be and remain with CTL Computer Technologies Ltd. who retain all rights to deal with and or dispose of the goods in any manner whatsoever. 20 EMC/EMI/LVD/CE Chassis and power supply units supplied by CTL Computer Technologies Ltd comply with EMC/EMI/LVD and CE directives. The Company will not accept any liability whatsoever for systems which have been assembled by the companies customers in respect of EMC/EMI/LVD/CE. It is the customers responsibility to have their systems tested and approved by a NAMAS approved test house in accordance with E.E.C. directives before release into the E.E.A.. 21 Web Site Contents Every effort has been made to ensure that the accuracy , definitions ,specifications and contents of this web site are correct. Errors in the web site content may occur for which CTL Computer Technologies Ltd or any of its Directors hold no liability or responsibility. 22 Web Site Property Rights The contents of CTL Computer Technologies Ltd web site contain trade marks and images which are the property of the respective manufacturers. Replication of the content of any part of the CTL Computer Technologies Ltd web site is prohibited. 23 Changes in terms and conditions of trading The company reserve the right to change the contents or amend its terms and conditions of trading without prior written or oral notice to any of its clients. Any changes being evident on the companies web site and the visible date at the end of each web page. A copy of the company terms and conditions of trading is available from the company at the clients written request.
|
Copyright © 2004 CTL Computer Technologies Ltd View in 1024 X 768 Medium size Last modified: 13 June 2007 |