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1) Definitions
Wherever
the following words and phrases appear in these
Terms and Conditions they will always have the
following meanings:-
a) You, Your - The Customer purchasing the
Goods.
b)
We, Our, Us - The Seller E & S
Computers, 21 Highfield, West Chinnock, Crewkerne,
Somerset, TA18 7QE.
c)
Cleared Funds - Payment by the following
methods is deemed to represent Cleared Funds
:- Cash and
Postal Orders. Credit and Debit Cards only
accepted when using Google Checkout where validity
and payment can be confirmed, Cheques supported by
a valid Guarantee Card not exceeding the limit
authorised by the Guarantee Card, Credit Cards
where validity, identity and payment can be
confirmed and where a Handling Charge of 2.5% is
paid by You in addition to the price of the Goods.
d) Consumer - A person purchasing Goods from
Us who is not purchasing for the purpose of a
business, organisation or Official Authority and
is not a Limited Company, PLC, Government
Department, Organisation (whether Corporate or
Unincorporated) or Institution.
e)
Delivery Date - Where we have agreed to
deliver the Goods to You, the date which is
agreed for delivery.
f)
The Goods - The items and/or equipment sold
or to be sold by Us to You.
g)
Services and Advice - Any Service and any
Advice in connection with the Goods, whether given
before or after Purchase (but not in any case
including commissioning of Goods) which We may
provide or have provided or agree or have agreed
to provide to You.
2)
Introduction
We have
agreed to sell the Goods to You and You have
agreed to purchase them from Us on the basis of
these Terms and Conditions and You acknowledge
that You have been given a sufficient opportunity
to read and understand these Terms and Conditions
prior to or upon ordering the Goods and/or
Services and Advice.
No other Terms and Conditions
stipulated or referred to by You verbally or in
any documentation whether signed or otherwise
shall be incorporated at any time into any
agreement between Us.
3)
Our Responsibilities
a)
Description of Goods:- We will supply the
Goods in accordance with the written description
given on Our invoice except if such is not
reasonably practicable in which case we will
supply an alternative of equivalent or superior
quality and specification. Any information,
illustration and/or specification given Us on our
internet site or verbally should be taken as a
guide only and is not contractually binding.
b)
Delivery:- If so agreed, We will deliver
the Goods to You. The Delivery Date should be
taken as the anticipated date of delivery but it
is an estimate only and should not be taken as
contractually binding. Whereas we will make
reasonable efforts to deliver the Goods on the
Delivery Date or shortly before or after that date
We will not be liable for late delivery arising
due to factors outside Our direct
control, stock availability or due to
default of Our Sub-Contractors for which we are
not to blame. Time of delivery shall not be of the
essence in the Contract. We reserve the absolute
right to cancel delivery of any goods where
payment by You has not been made in accordance
with the Contract or where any security check has
proved negative. In regard to Trade Customers no
liability shall attach to Us for any losses
arising from failed or late delivery or for damage
to Goods during delivery.
c)
Services and Advice:- We try wherever
possible to supply Services and Advice to all Our
customers but We accept no contractual obligation
to do so and We accept no liability for any
Services and Advice supplied to You in connection
with the Goods. We are not responsible to
commission or to ensure the compatibility of the
Goods with any system, software or equipment with
which You intend or attempt to use Goods.
d)
Our Contract:- When You place an order with
Us, Your order represents Your offer to purchase
from Us and is not contractually and/or legally
binding until You receive the actual delivery of
the order. Your order is processed through various
phases including order notification/s, payment/s
and security check/s, none of these phases
represent Our acceptance of Your order.
4)
Your Responsibilities
a)
Deposits:- A Non-refundable 50% deposit is
required for all Custom Built
Systems.
b)
Payment:- Unless otherwise agreed in
writing, you must make Payment in Cleared Funds of
the Goods and/or services on placing an Order and
the Goods will not be supplied until such Payments
have been made. In the case of failed Payment or
negative security checks the Contract between us
shall be cancelled and we will have no obligation
to supply or deliver the Goods to you but this is
without prejudice to our rights for compensation
and/or damages for breach of Contract.
c)
Delivery:-
i)
Delivery Dates are estimated only unless
expressly quoted by Us in writing.
ii)
You are responsible for accepting delivery
at such location as has been agreed with Us. If
Payment has been made by credit/debit charge we
reserve the right to deliver to the name and
address registered on the Credit/Debit Card.
iii)
Any request for change to Delivery Date or
location must be notified to Us in writing as soon
as practicable and in any event not less than 48
hours before the Delivery Date.
iv) We
will make reasonable efforts to accommodate Your
reasonable requests for change of the Delivery
Date but You will be liable for any additional
costs incurred by Us as a result.
v)
In the event of a failed payment or failed
security check we will not be responsible for any
delay in delivery or failure to deliver.
d)
Installation, maintenance and
compatibility:- You are responsible for ensuring
that the Goods are properly installed,
commissioned and maintained and that they are
compatible with any equipment or system with which
You use or attempt to use them.
e)
Confirmation of Order:- You must ensure
that any written confirmation of any Order is
clearly marked as confirmation of an existing
Order. Any written Orders not so marked may (at
Our absolute discretion) be treated as Second
Orders for which You must pay and to which these
Terms and Conditions will apply.
f)
Reporting of Damages/Omissions:- Any
damages, omissions, defects or errors in Goods
delivered to You must be reported by You within 3
days of receipt of the Goods using a Recorded
Delivery method and in the absence of such Report
you will have no claim for damages, refund,
replacement or otherwise in relation to the Goods.
g)
Return of Goods:- If Goods are returned to
Us by You or by a person acting on Your behalf
then it is Your responsibility to ensure that the
Goods are returned in the same condition as they
were when supplied to You without any damage,
omission or otherwise. You will be solely liable
for the risk of loss or damage to the Goods in
transit and the Goods must be returned in the
original boxes, with manual, Drivers Disk and any
other accessories provided with the Goods when
supplied.
h)
Prior to returning items with Data held on
them You must make adequate back up of data for
which we shall not be responsible.
i)
You must take reasonable precautions to
back up data at regular intervals as We cannot be
held liable for loss whether consequential or
otherwise if the component fails causing data
loss.
j)
Marking of Returns:- If Goods are returned
to us they must be returned with an RMA Number
(Return Merchandise Authorisation Number) which
can be obtained from Our Customer Services
Department by email, telephone, letter or fax. All
Goods should be clearly marked with the RMA
Number on the packaging. You must also leave any
labels (Batch Number/Bar Code/Serial
Numbers/Security Seals) on the Goods and/or on
their packaging. If such are removed or damaged
then we reserve the right to reject the return or
invalidate any Warranty or claim to refund or
damages by You. On returning Goods you must
provide a written description of the defect which
you claim is covered under Warranty.
5)
Our Rights
a)
Title to Goods:- We shall retain full title
and ownership of the Goods and of any other items
which You may have received or which You may
receive from Us until all and any sums actually
due or agreed to fall due in the future from You
to Us (whether in respect of these Goods or
otherwise) have been paid in full. You remain
solely responsible for the Goods whilst they are
in your possession, custody or control or in the
possession, custody or control of any third party
whether such third party has obtained possession,
custody or control with your consent or not.
b)
Return of Goods:- You will be liable to
compensate us for depreciation in value to Goods
damaged, or loss of the Goods, charges incurred
for collection/retrieval of the Goods and Our
reasonable administrative and/or legal costs. If
You fail to pay to Us any sum due by the date
agreed for payment We reserve the right to demand
return of the Goods which must be returned
together with all hardware, software, manuals,
disks, boxes and other items supplied with the
Goods in the same condition as they were in when
delivered to You.
c)
Cancellation of Order:- If You cancel any
Order, We reserve the right to charge the greater
of £50.00 or Our actual loss of profit, costs and
expenses caused by the cancellation. You must
obtain a Cancellation Number from Us to make a
Cancellation of Order valid.
d)
Uncollected Goods:- Which have been ordered
or returned may be disposed of by Us after 90 days
without liability to You. Whilst we hold such
Goods, we will not be liable for any damage or
theft of the Goods unless such is covered by our
Insurers and liability accepted by them or such be
proved to be Our fault.
e)
Pricing :- We reserve to right to vary Our
prices between our sales departments,
including but not limited to Our online, mail
order department.
6)
Your Rights
a)
Warranty:-
i)
If you are purchasing as a Consumer (by
which we mean somebody who is not purchasing for
the purpose of a business), You may, if agreed in
writing with ourselves, have the benefit of a
Warranty of up to 12 months, or such lesser period
as may have been agreed.
ii)
Our liability to You under Warranty extends
to parts and labour but is limited to cases where
the Goods are proved to Our satisfaction not to be
functioning properly and where the Goods have been
properly installed, maintained and commissioned by
You and are compatible with any equipment or
system with which You have used or attempted to
use them.
iii)
To make a claim under
Warranty, You must notify Us in writing,
telephone, email or fax Customer Services of
the alleged fault as soon as it is detected and
You must provide full and proper details.
You must allow Us a reasonable
opportunity to inspect and test the Goods at Our
premises or elsewhere as We may specify.
iv) If
the Goods are proved to be faulty in the
circumstances stated in (ii) above and You have
followed the procedure in (iii) above, We will
either repair the Goods or at Our discretion we
will replace the Goods with others of equivalent
or superior specifications which need not be from
the same Manufacturer and which may be repaired,
refurbished, second hand or ex-demo Goods.
v)
If You make a claim under Warranty but the
Goods are found not to be faulty, (amount to be at
Our discretion) shall be charged to You and shall
be payable prior to the return of the Goods to You
over which we shall exercise a Lien (a right to
retain the Goods) until payment of any other sums
due from You to Us whether in respect of the Goods
or otherwise.
vi)
Where the Goods comprise components which
are separate or capable of being separated any
Warranty shall apply to each such part separately
and Our obligations to replace or repair (if any)
shall only extend to the component which is proved
to be faulty and not to the whole of the Goods.
vii) Any extended
and/or enhanced warranty provided by any
third party including the Manufacturers
Extended and/or Onsite warranty is
to be dealt with by You and the third party
only.
viii) The Warranty under
Clause 6 (a) hereof is valid only with proper use
and installation of the product by You and does
not cover any part of any Product or complete
Product which has been modified with Our consent
or which has been subjected to unusual physical,
electrical or other stress or where such repair is
required as a result of causes other than the
ordinary use or installation.
b)
Refunds:-
i)
If You are purchasing as a Consumer You may
have a right to refund of the monies paid by You
in respect of the Goods in the following
circumstances (but not otherwise):-
i.
If the Goods are proved to have been faulty
at the time of supply and cannot be reasonably
repaired or replaced (whether by new, refurbished
ex-demo Goods or otherwise) and
ii.
You have notified us in writing immediately
or so soon thereafter as practicable upon becoming
aware of the fault giving precise details of the
fault alleged and
iii.
You have followed the correct procedure
specified in 4 (g) above in ensuring return of the
Goods.
iv.
You have allowed us to test the Goods at
our Premises or elsewhere as we may specify and
v.
A test fee may be payable for functioning
Goods returned to us for testing. Test fee rates
can be quoted at a time when you return the Goods.
vi.
Functioning Goods returned for refunds will
be accepted at our complete discretion. A minimum
restocking charge of 25% of the original price of
the Goods shall be charged if we accept the
functioning Goods for a refund.
ii)
In clause (i) above "faulty" shall mean
that the Goods or any component of them do/does
not function at all or malfunctions to such an
extent that they are incapable of reasonable use
for any purpose.
iii)
We may at Our discretion replace or repair
the Goods rather than giving a refund and if part
only of the Goods is faulty the amount of the
refund shall be limited to the value of the
component effected.
c)
Fitness for the purpose:-
i)
If You have a particular purpose in mind
for the Goods, We will not be liable if the Goods
are not reasonably fit for that specific purpose
unless We have been advised of the specific
purpose in reasonable detail by You in writing
before or at the time when you placed your Order
with Us and have agreed in writing to be so
liable. Otherwise, our liability for fitness for
the purpose shall be that the Goods supplied will
be fit for the purpose of which such Goods are
generally supplied and shall not be any more
specific than that.
d)
Statutory Rights:-
i)
Nothing in these Terms and Conditions shall
operate to diminish or limit Our liability for
Death/Personal Injury of which we might be liable
apart from the Terms and Conditions. .
ii)
If you are dealing as a Consumer then your
Statutory Rights are not affected.
7)
Terms and Conditions to be Read
Separately
Each and every
clause and element of clause in these Terms and
Conditions shall, so far as reasonably
practicable, be construed separately from any
other clause or part of clause in these Terms and
Conditions and shall if necessary be applied
separately.
8)
Indemnity as to Costs and Expenses
a)
In the event that you make any claim,
whether for repair, replacement, refund or damages
or otherwise, in respect of the goods and whether
arising from these Terms and Conditions or
otherwise, You shall be liable to pay to Us the
amount of any costs, expenses, legal fees and
disbursements which we may incur should we have to
expend monies in considering or defending any such
claim which is not proved to have been correctly
made.
b)
In the event that You fail to make payment
in accordance with these Terms and Conditions or
in any other way are in breach of the Terms of
Your Contract with Us, You shall be liable to pay
to Us monetary compensation for any loss or
damages, including consequential loss, loss of
business and loss of profits, arising from or in
connection with Your breach of Contract, to
include all losses which actually occur whether
foreseeable to You or not and in addition You
shall be liable to pay to Us the amount of any
costs, expenses, legal fees and disbursements
which We may incur should We have to expend monies
in bringing any claim against You whether in
correspondence, through proceedings, enforcement
or
otherwise.
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