Terms of Business and Conditions of Sale.
All orders for goods accepted and the contract for sale arising between Remtek (hereafter referred to as the "Seller") and the Buyer shall be governed by the following terms and conditions, and the acceptance of the contract by the Buyer shall be deemed to be an acceptance of these conditions of sale. No other terms and conditions, except those implied by law, shall be of any effect unless the same are expressly agreed to in writing by both the Seller and the Buyer.
The price stated is the net price of the goods after deduction of any discounts for delivery in accordance with the contract and overrides any quotation. Price lists and quotations are for guidance only and do not constitute an offer of sale.
The price is exclusive of value added tax and any imposition, where applicable, shall be paid in addition by the Buyer. All overdue accounts shall be due immediately upon the commencement of any act or proceeding in which the Buyer's solvency is involved.
The Seller will use it's best endeavours to comply with estimated despatch or delivery dates given, but in any event shall not be of the essence of the contract. If owing to unavailability of the goods or for any other reason the Seller shall be at liberty by notice in writing to determine the contract or part thereof without incurring any liability to the Buyer. The Seller is at liberty to deliver the goods by instalments and each delivery shall be deemed to be a separate contract.
All specifications, descriptions and samples are approximate only and are intended to be a guide, and the Seller accepts no liability for their accuracy.
The Seller may alter the goods to introduce improvements. No such variations shall entitle the Buyer to rescind the contract or shall be the subject of any claim against the Seller.
The Seller and Buyer agree that the title to the goods shall remain with the Seller who has the sole and unencumbered right to dispose of the goods until payment has been made in full to the Seller.
The Seller may (without prejudice to any other rights) recover or resell the goods and the Buyer agrees that the Seller or it's servants or agents may enter upon the Buyer's premises for that purpose. The Buyer agrees that so long as the goods are upon it's premises, the Buyer shall ensure that they are stored in their packaging or boxes as supplied by the Seller, undamaged and free of charge, and in such a way that they are shown to be the property of the Seller and are therefore marked accordingly.
Until payment has been made in full the Buyer has no title right or authority (unless so confirmed in writing by the Seller) to sell, mortgage, charge or lease any of the goods.
Any charges incurred by the Seller in the recovery of the said goods, as a result of the Buyer's unwillingness or inability to pay for the said goods will be deemed to be an integral part of the initial contract and will be chargeable against the Buyer's assets or holdings in any solvency proceedings.
The basis of the charges are based upon the said equipment being in "new" condition and the original packaging being available to the Seller. Should either or both of the above not be available, then the Seller is entitled to either make a charge to reinstate the said equipment to the original condition or make a charge which will reflect the loss of value of the said equipment.
Any licence granted in respect of software systems either installed or ordered is deemed to be the property of the Seller and is not transferable unless authorisation has been obtained in writing from the Seller.
Any software systems and accompanying documentation supplied by Remtek are protected by the copyright laws of the United Kingdom, Europe and International copyright treaties. As a user of software, you have certain rights under copyright. Applicable copyright law grants you the right to make a single copy of the software for backup or archival purposes. Any supplied documentation may not be copied. In addition to the rights you have to use the software and documentation under copyright, the possession and use of the software and documentation is subject to the restrictions of the license as supplied by Remtek.
No dealer, distributor, company or person has been authorised to change or add to the terms of this agreement and Remtek will not be bound by any representation to the contrary. Remtek LICENCES ALL PRODUCTS TO YOU "AS IS" AND DOES NOT WARRANT THAT THE Functions CONTAINED IN THE PROGRAMME WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE PRODUCT WILL BE ERROR FREE.
Remtek does warrant that any programme, diskettes or materials are not defective in workmanship for a period of 60 days from the date of invoice. Remtek will replace any defective product returned during such limited warranty period. THE WARRANTIES SET FORTH IN THIS SECTION ARE Exclusive AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, BY operation OF LAW OR OTHER WISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OF MERCHANTABILITY AND IN NO EVENT SHALL REMTEK BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY NATURE, WHETHER DIRECT OR CONSEQUENTIAL, IN CONNECTION WITH OR RESULTING FROM THE LICENSING OR USE OF THE PRODUCTS.
No claim for damages shall be accepted unless the Seller is notified in writing by the Buyer within three days of delivery. No claim for non-delivery shall be accepted unless the claim is notified to the Seller within seven days from the invoice date.
No claim shall be accepted for goods differing in quantity or description from the particulars on the delivery note unless the Seller is notified in writing by the Buyer within three days of delivery, and the onus is on the Buyer to prove any shortage.
The Buyer shall be solely responsible for and shall keep the Seller indemnified against all liability in relation to the use of the goods other than in strict accordance with the Seller's or manufacturer's operating instructions.
The Seller will not accept returned goods for credit or rectification unless such return has been authorised and the goods are returned back to the Seller's place of business at the expense of the Buyer in stock condition within three days of delivery. The Seller reserves the right to charge a restocking fee, not exceeding 30% of the purchase price, providing the goods are in original stock condition.
The Seller's liability to the Buyer for any default or breach, whatsoever howsoever arising, shall in no case exceed the invoice value of the goods. If any of these terms and conditions shall be found to be unlawful, it shall not vary or affect the validity or enforceability of the conditions stated herein.
A 'back to base' warranty is provided unless on-site warranty has been specified on computer equipment and peripherals which is valid for 12 months from the date as shown on the Sellers invoice which describes the equipment. The warranty covers any parts which have failed under normal use. Failure caused by any other method of misuse or tampering will invalidate the warranty and will be subject to charges for replacement or repair of the equipment.
The Buyer is responsible for returning the goods to the Seller by an insured carrier using adequate packaging. The Buyer must firstly obtain a returns authorisation number from the Seller which must be clearly stated on the outside of the package.
This contract is and shall be deemed to have been made in England and shall be governed by English Law.