Consumer terms of sale Please find below
our terms and conditions for consumers. Please read our terms before placing an
order. Remember you can always print them off to keep as a copy for yourself. By
placing an order with us and by using our website you are agreeing to our terms
and conditions. Definitions In this document the following words shall
have the following meanings:
1.1 "Consumer" shall have the meaning ascribed in section 12 of the Unfair
Contract Terms Act 1977;
1.2 "Customer" means any person who purchases Goods and Services from the
Supplier;
1.3 "Goods" means the articles specified in the Proposal;
1.4 "Proposal" means a statement of work, quotation or other similar document
describing the Goods and Services to be provided by the Supplier;
1.5 "Services" means the services specified in the Proposal;
1.6 "Supplier" means MCC Solutions Ltd trading as Computer Services Co
1.7 "Terms and Conditions" means the terms and conditions of supply set out in
this document and any special terms and conditions agreed in writing by the
Supplier. General 2.1 These Terms and Conditions shall apply to all
contracts for the supply of Goods and Services by the Supplier to the Customer and
shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless
agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or
warranty, express or implied, or any legal remedy to which the Supplier may be
entitled in relation to the Goods and Services, by virtue of any statute, law or
regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory
rights as a Consumer. The Order 3.1 Any quote attached to these Terms
and Conditions shall remain valid for a period of 30 days.
3.2 The Customer shall be deemed to have accepted the Quote by placing an order
with the Supplier ("the Order") within the period specified in Clause 3.1.
3.3 All Orders for Goods and Services shall be deemed to be acceptance of the
Proposal pursuant to these Terms and Conditions.
Price and Payment
4.1 The price for the Goods and Services is as specified on our website and is
inclusive of VAT and any applicable charges outlined on the website
4.2 Payment of the price shall be in the manner specified on the website
4.3 If the Customer fails to make any payment within 7 days of it becoming due,
the Supplier shall be entitled to charge interest at the rate of 4.00% per month
on the outstanding amounts. Delivery 5.1 The date of delivery specified
by the Supplier is an estimate only. Time for delivery shall not be of the essence
of the contract and the Supplier shall not be liable for any loss, costs, damages,
charges or expenses caused directly or indirectly by any delay in the delivery of
the Goods.
5.2 All risk in the Goods shall pass to the Customer upon delivery. Title
6. Title in the Goods shall not pass to the Customer until the Supplier has been
paid in full for the Goods. Customers Obligations To enable the
Supplier to perform its obligations the Customer shall:
7.1 co-operate with the Supplier;
7.2 provide the Supplier with any information reasonably required by the Supplier;
7.3 obtain all necessary permissions, licenses and consents which may be required
before the commencement of the services, the cost of which shall be the sole
responsibility of the Customer; and
7.4 comply with such other requirements as may be set out in the Proposal or
otherwise agreed between the parties.
We will use the information which you provide and the records of items you buy to
constantly monitor and improve our service and for marketing purposes in
accordance with our Privacy Policy. Suppliers Obligation 8.1 The
Supplier warrants that the Goods will at the time of delivery correspond to the
description given by the Supplier.
8.2 The Supplier shall perform the Services with reasonable skill and care and to
a reasonable standard in accordance with recognised standards and codes of
practice.
8.3 The Supplier accepts all responsibility for the condition of tools and
equipment used in the performance of the Services and shall ensure that any
materials supplied shall be free of defects.
8.4 In addition to the Customer's statutory rights, the Supplier guarantees all
Goods against faulty workmanship and materials for a period of 1 year from the
date of delivery.
8.5 The Supplier provides the following guarantee(s) in relation to the Services
carried out:
As per manufacturers warranty or warranty agreed with Computer Services Co
Cancellations and Refunds 9.1 Where the Goods are faulty or do not comply
with any of the contract, the Customer must notify the Supplier within 14 days of
delivery and the Customer shall be entitled to replacement Goods or a full refund.
9.2 The Customer may cancel an Order by notifying the Supplier in writing at the
address above within 1 day of placing an Order and any deposit paid will be
refunded in full.
9.3 If the Customer fails to cancel the order within the time specified in Clause
9.2 any deposit paid may not be returnable. Limitation of Liability
10.1 Nothing in these Terms and Conditions shall exclude or limit the liability of
the Supplier for death or personal injury, however the Supplier shall not be
liable for any direct loss or damage suffered by the Customer howsoever caused, as
a result of any negligence, breach of contract or otherwise in excess of the price
for the Goods and Services.
10.2 The Supplier shall not be liable under any circumstances to the Customer or
any third party for any indirect or consequential loss of profit, consequential or
other economic loss suffered by the Customer howsoever caused, as a result of any
negligence, breach of contract, misrepresentation or otherwise.
10.3 For the avoidance of doubt, time shall not be of the essence and the Supplier
shall incur no liability to the Customer in respect of any failure to complete the
Services by any agreed completion date. Force Majeure 11. Neither party
shall be liable for any delay or failure to perform any of its obligations if the
delay or failure results from events or circumstances outside its reasonable
control, including but not limited to acts of God, strikes, lock outs, accidents,
war, fire, breakdown of plant or machinery or shortage or unavailability of raw
materials from a natural source of supply, and the party shall be entitled to a
reasonable extension of its obligations. Severance 12. If any term or
provision of these Terms and Conditions is held invalid, illegal or unenforceable
for any reason by any court of competent jurisdiction such provision shall be
severed and the remainder of the provisions hereof shall continue in full force
and effect as if these Terms and Conditions had been agreed with the invalid,
illegal or unenforceable provision eliminated. Governing Law 13. These
Terms and Conditions shall be governed by and construed in accordance with the law
of England and the parties hereby submit to the exclusive jurisdiction of the
English courts. |