"Company" means CVS Computing Ltd
"Customer" means the person, firm or company who has agreed to purchase the goods and services subject to the terms set out herein.
"Product" means the goods and services supplied to the Customer by Company
"Due Date" means the date by which an invoice is due to be paid by the Customer. Normally with order or on delivery, unless other arrangements are made and stated in writing on the invoice.
"Failed Payment" means that the Company has not received full payment of the amount(s) owed by Customer by the Due Date or The Customers payment is rejected by the Customer's bank (e.g. Cheque bounced).
"Service Call" is chargeable at the current hourly rate with minimum charge being half an hour.
AGREEMENT
1. The Company agrees to supply the Customer all goods and services as stated in writing on the invoice in exchange for the Customer making payment of the invoiced price to the Company by the Due Date.
2. This contract constitutes the entire Agreement between the Company and the Customer.
3. No variation or modification of these Terms and Conditions of Sale will be acceptable or binding on the Company unless such variations or modifications are in writing signed by the parties.
4. In any case where these terms and conditions conflict with any other terms or conditions, for example but not limited to, conditions on Customer purchase order, the conflicting conditions shall be of no effect against the Company and these terms and conditions shall be deemed to be incorporated into those other conditions as special conditions.
5. Placement of an order, or any payment to the Company, confirms Customer acceptance of this agreement.
6. Any oral statement or offer to be included must be confirmed in writing on the invoice.
7. Any product or service not written on the invoice is not included within the invoiced price whether implied or referred to in oral statement or not.
8. Goods and services supplied in addition to those written on the quote or invoice are to be charged separately.
9. The Company owns the product until payment is received in full and funds cleared.
10. The Customer agrees to give the Company, and its authorised agent(s), access to the premises and to the equipment referred to in this agreement to carry out any and all tasks related to this agreement during business hours and at other times as requested by the Company. If the Company representative visits the customer's site and access is denied, the visit is chargeable as a Service Call.
PRICING
11. All prices quoted are exclusive of GST unless specified otherwise in writing.
12. All prices quoted are based on supply ex-stock. New stock may arrive at new pricing. If new stock pricing increases the price by more than 10% the Company will re-negotiate with the Customer and the Customer will have the right to cancel their order for the affected product or products.
13. All products quoted are believed to be available to the company at time of offer but may become unavailable at time of supply for reasons beyond the Company's control. If any product or products become unavailable between time of offer and time of supply, the Company may, at its discretion, either decline the order in part or in full and refund or credit the portion of the value of the invoiced price relating to the part(s) affected by the obsolescence, or supply new specification products within quoted price or supply new specification products of superior specification with price adjustment of 10% without seeking new authorisation from the Customer.
14. Payment Terms are always Payment with order unless otherwise specified in writing on the invoice.
15. Payment by Cheque and credit card subject to clearance.
16. Credit card payment attracts additional charges over and above the invoice total, which are added to the credit card transaction.
FAILED PAYMENT
17. Failed Payment, as defined above, voids all discounts, which may have been offered at the time of invoice. Full price, which may be in excess of invoice total, is then due plus any collection costs, plus interest on outstanding balance of 3% per month, plus related disbursements and legal costs on a solicitor and client basis. Follow up calls made by the Company due to Failed Payment are chargeable as Service Calls.
18. In the event of Failed Payment, as defined above, the Company, or any agent authorised by the Company to act on its behalf, may repossess the Product supplied, including any computer or system in which the Product is housed or installed. If the Customer makes full payment of all outstanding amounts(s) owed within seven (7) days of repossession the Product will be returned to the customer and its return is chargeable as a Service Call. If payment is not made in full within eight (8) days the Company may sell the repossessed item(s) to recover costs and balance owed. All the proceeds of such sale are fully the property of the Company. Any portion of the balance owed by the Customer and not recovered by such action is still owed. The full cost of any repossession action is at the Customers expense and no claim for loss nor damage can be made against the Company in any regard whatsoever.
19. The Company has the right to pass any failed payment or unpaid invoice(s) or part thereof to any debt collection agency in which case the Customer is also liable for any collection cost and legal costs that such an agency adds to the balance owing.
LIABILITY
20. The Company shall not be liable for any consequential, indirect or special loss or damage arising directly or indirectly from any defect in materials or labour in any product or service supplied.
20. The Company's liability in respect of defective products shall not exceed the price of such products.
21. The Customer and CVS Computing Ltd agree that the provisions of the Consumer Guarantees Act 1993 shall not apply to the provision of goods and services where this purchase is for Business purposes.
21. Liability is limited to the Products supplied by the Company and does not cover any system into which such Products may be installed or associated with.
WARRANTY
24. All warranties given are manufacturer warranties and are therefore bound by the terms put in place by the individual manufacturer. Standard warranties are "Parts Only" with labour chargeable as a Service Call unless the warranty is specified as an "On-Site Parts and Labour Warranty"
25. If any Customer claim is not accepted by the manufacturer under the terms of that manufacturers warranty then the Company has no liability and can invoice the Customer for labour and disbursements related to the failed warranty claim.
26. Warranty is limited to the Products supplied by the Company and does not cover any system into which such Products may be installed or associated with.
