In these terms and conditions "Buyer" means the person, individual Firm Company or Corporation placing an order and "Seller" means Making I.T. Happen "Equipment" refers to computer hardware software and services "Contract" means any quotation contract documentation order or order acknowledgement
|(1) These terms and conditions shall prevail over any printed or conflicting terms contained in the Buyers Purchase Order and may be modified or waived only by a written agreement signed by authorised representatives of the Seller |
(2) Any notice required to be given hereunder shall be given by sending the same by first class recorded delivery post, addressed to the party required to be served at the address for such party shown in this Agreement or such other address as he shall have given forty-eight hours after the time of posting and service thereof shall be sufficiently proved by proving that the notice was duly dispatched through the post in a prepaid envelope addressed as aforesaid
Prices quoted are firm for a period of (30) days on hardware and software from quotation date, subject to the following
(a) errors and omissions being corrected
(b) any unavoidable increase in the cost to the Seller of bought out items, services, materials or changes in exchange rates between contract date and date of dispatch will be passed on to the Buyer
(c) prices do not include VAT delivery or Installation
(d) all services unless explicitly stated in writing are charged on the time they take, each period of work is rounded up to the nearest tenth of an hour for billing purposes.
Whilst every reasonable effort will be made to meet any stipulated delivery date delivery will not form part of the contract. In no event shall the Seller be liable for loss of profits injury to goodwill or any special or consequential damage for any delay or non-performance. If the buyer shall fail to accept goods or services at the appointed time then he shall be responsible for all storage charges and cost of further delivery
Any computer hardware specified is offered subject to availability and the seller reserves the right to substitute equivalent and compatible hardware.
Unless otherwise specifically agreed in writing, payment shall be made as hereafter provided
(a) Software and Hardware Payment against pro-forma invoice prior to dispatch or payment on delivery
(b) Services Non-Credit Customers - Payment against pro-forma invoice or payment on delivery Credit Customers - Payment due 7 days from date of invoice
(c) Title to all goods and services remains with the Seller until paid for in full
(d) Overdue accounts will incur a interest of 1.5% per month or part month on the outstanding balance Plus statutory late fees
(e) Unless agreed in writing, all preliminary work carried out at the client's request will be charged Written proposals requested by the client which do not result in further work will be charged at our standard hourly rate unless alternative terms are agreed in writing
7.INTELLECTUAL PROPERTY RIGHTS
All specifications, drawings and technical descriptions submitted with or in connection with the Seller`s copyright All such copyright material and all information and "know-how" whenever supplied shall at all times be treated by the Buyer as confidential and shall not without the Seller`s consent be used by the Buyer except for the purposes of
(a) Adjudicating the tender
(b) The contract (if any) placed with the Seller
(c) The operation of the system supplied there under nor shall they without the Seller`s consent be communicated to third party save insofar as may be necessary for the permitted purpose
(a) The Seller undertakes to treat as confidential all information contained or embodied in any computer system or any document made available to it and shall not, disclose the same in whole or in part to any third party without prior written consent of the Buyer
(b) The provision of sub-clause (a) shall not apply to information which
(i) is in or comes within the public domain other than by breach of confidentiality by the Buyer and/or
(ii) was already in possession of the Seller prior to receipt of information from the Buyer and/or
(iii) is received from a third party free from restriction
(c) Seller shall effect and maintain reasonable security measures to safeguard the information from theft or access by any person other than the employees of the Seller in the normal course of their employment
(d) The foregoing obligations as to information from the Buyer shall survive for five years after the termination under this Agreement howsoever caused.
Notwithstanding any other provision of this Agreement in no event shall the Seller be liable for any indirect or consequential loss of whatever nature howsoever caused including but not limited loss or spoiling of data or materials whether occurring in contract tort negligence or otherwise.
The Buyer acknowledges that save as set forth in the Agreement the Seller does not and shall not have any liability to the Customer (whether in contract or tort) for loss damage or injury of any kind howsoever arising except for liability for death or personal injury to the extent that the same arises from the negligence of the Seller its employees agents or authorised representatives as arises under Part 1 of the CPA.
The buyer warrants that Equipment not supplied by the Seller is properly licensed and comes from a legitimate source where trial software is supplied the Buyer must purchase or cease to use the software at the end of the trial period.
If owing to war act of God civil commotion Government order strikes lock-outs fire accident prohibition of exports or imports or inability to obtain any export or import or other licence shortage of labour materials fuel power or transport or any other cause whatsoever beyond the control of the Seller the Seller is unable to make delivery of equipment the Seller may cancel any order so far as it relates to the delivery in question.
|If you wish to sell products and or service to us, you should comply with all relevant regulations and industry codes of practice. You agree our fee of £286 excluding VAT for each breach. Use of webforms to solicit business constitutes a non compliance. |
This Agreement constitutes the entire Agreement between the Seller and the Buyer as to the subject matter hereof and supersedes all previous communications representations and agreements whether written or oral and the Buyer hereby acknowledges that no reliance is placed on any representation made but not embodied in this agreement.
The parties hereby agree that any agreement between them and constituted on these Terms and Conditions shall be construed in accordance with the laws of England.