Terms & Conditions for PC Southwest Ltd - Business to Business
A - Definitions and effects of Conditions
- PC Southwest Ltd - us, we, our, the Company.
- Customer – client, you, they,
Computer – any item of IT equipment, including PC, laptop, notebook, hand held, printer or peripheral, other IT equipment.
- Working week – Monday to Friday, 09:00 to 17:30
- Weekend – Friday 17:31 to Monday 8:59
- Communication – Phone, letter, email, fax, text, messenger.
- ‘In writing’ – letter.
- Verbal – An agreement made by discussion, any dispute to be in the Company’s favour.
- These conditions shall supersede all earlier conditions
- By contacting PC Southwest or by using our services you agree to abide with the prevailing terms. southwest
B - Delivery
- Any delivery dates quoted in writing or verbally are estimated only, the Company take no responsibility for matters beyond our control or costs incurred.
- The Company shall deliver services and products as requested and/or agreed in writing or verbally. All short shipments, damaged items, unsatisfactory products or services should be advised to us at the time of delivery or service and noted at that time on the appropriate acceptance/delivery consignment or Service report. All items delivered by third party courier or delivery Company should be signed for “Unchecked”. By receiving any items unchecked, you accept the item ‘as is’ and may incur fees should the delivery be faulty or the incorrect item. southwest
- Delivery will be deemed to have been made if an attempt has been made to deliver goods or services at an agreed time and this has been unsuccessful. Charges incurred will be passed on to the Customer. Any subsequent attempts will be made at an agreed time with any incurred cost being charged as appropriate.
C - Returned goods and cancellation
The Customer shall not return any goods or cancel any order without the Company’s written consent. Consent will not be given where goods have been specifically purchased by the Company to meet the Customer’s requirements. If consent is given by the Company, the Company reserves the right to charge a restocking fee of 25% of the total order price plus VAT. In addition :
- Components or Software where seals have been broken will not be consented for return unless the product is faulty.
- Where computers are built to order, from specification or quotation, the Company reserves the right to charge a restocking fee of 50% of the total order price plus VAT, unless the product is proven to be faulty. southwest
D - Title of Goods
- Even though the goods may have been delivered and the Customer may be responsible for any loss or destruction or of damage to the goods and not withstanding any other provision of these conditions, the legal and beneficial ownership of the goods will remain with the Company until the Company has received payment in full of all sums payable to the Company in relation to any other outstanding payments.
- Orders placed for good will require payment in advance on a pro-forma invoice. Payment and clearance will be expected before supply of goods.
- Where credit is given, until goods are paid for in full, see a), the Customer will ensure they are kept in as delivered condition. Should the goods be returned not in this condition a fee may be incurred. southwest
- Should goods be repossessed, all proceeds for the sale will belong to the Company. If the net proceeds are less than the amount of the goods supplied, the Company may recover the balance from the Customer.
E - Frustration etc (force Majeure)
The Company will not be deemed to be in breach of any of its obligations under any agreement or otherwise be liable to the Customer due to any delay in performing or any failure to perform any such obligations by reasons of any cause or event beyond the companies control (including without limitation breakdown of plant, machinery, computer or remote service, strike or industrial dispute, shortage of material or failure of or delay in receiving supplies, act of war, Act of God, or any law regulation of any government or any local or municipal authority.
F - Price
Unless otherwise stated all prices quoted by the Company are:
- Exclusive of VAT, at the prevailing rate.
- Products are exclusive of carriage, packing, and insurance.
- Prices quoted are those current at the time of quotation and the price payable by the Customer shall be that which is current at the time of delivery of service or product. southwest
- Our services are charged by contracted periods, these being either hours worked or part hours, half day or whole day. The rates are by contacting our office and are subject to change without notice.
- Visits to client premises are calculated from the time the engineer leaves our office until he leaves site. If the visit is from a different location an allowance will be made.
- Hours outside the standard working week may be charged at an uplifted rate; this will be at times x 2, at the Company’s discretion.
Additional fees may be charged at the Company’s discretion for callout, travel costs, mileage or standby fees. These additional fees will be calculated as:
- X stand-by fee + Y pence per mile + Z pence per minute. This is may be in addition to the onsite hourly or contracted period. The Company may charge this at our discretion
- The Company reserves the right to charge the Customer for fees incurred for parking or travel expenses while attending the Customer’s site.
G - Payment
- The fees for all products, services, advice, support or other time or item, where feasible will be discussed and agreed in writing or verbally.
- Where feasible a quotation will be given in writing or verbally, a valid period will be stated.
- The Company reserve the right to alter any quotations by giving notification either in writing or verbally.
- Payment will be requested at a time agreed in writing or verbally where feasible.
- Receipt of payment is expected by return of post and no later than 14 days from invoice date. Any Customer wishing to extend this must place this in writing to the Company and agreed by the Company in writing.
- Pro-forma invoices, where issued, will have a stated date for payment and date for supply of goods or service.
- Payment will become due at the prevailing rate where work is carried out in response to an emergency.
- Payment will be accepted in cash, credit/debit card, cheque, BACS transfer or direct debit.
- Failure to make payment on the due date; the Company shall be entitled to suspend any further services, supply, contract or any item. Any contract will be deemed as suspended, supply of services or product will be suspended. The Customer’s account will be placed in a ‘cash with order’ state, which will remain in place until 30 days after full payment and any outstanding payments are made. The Customer will be notified in writing if this should happen and a statement of outstanding payments will be issued. Request for services or products will require payment before services or products will be supplied, by either cash on attendance or before delivery by cheque or BACS payments, both to be cleared before attendance or delivery. southwest
- These terms and conditions shall prevail in the outcome of discrepancies with any contracts or agreements.
- All bank charges incurred for represented cheques or related to a Customer decision will be charged for plus administration. The Company reserves the right to charge interest on overdue accounts at 10% per 1 month period. PCSW
H - Services
- The Company offer the following, services (but not exclusively):
- Support by phone if felt appropriate. This support may be charged for at our current hourly rate at the Company’s discretion. You agree to these terms by calling us for support. Calls may be recorded for security and training purposes.
- Email support when time is available. This support may be charged for at our current hourly rate at the companies’ discretion.
- Call-out to the Customer’s premises, which will be discussed and offered if appropriate and charged at our current rate. (Pre-planned call-out will be charged at a rate discussed and confirmed verbally or in writing). This may include the repair to computer equipment, upgrades, network support, cabling, configuration of internet and email access and additional works. All will be detailed on either a sign-off document at the end of visit or with the invoice. A sign-off sheet will require a Customer’s signature at the end of each visit to confirm the correct hours were worked and product supplied. This information will be transferred to invoice where appropriate.
- Remote support (PC to PC), where available, is offered on an hourly basis. This may be charged for at our current hourly rate in 10 minute intervals.
- Advice by any communication process may incur a fee where it is deemed appropriate and notification will be given to the Customer.
- Supply of computer equipment as per a quotation verbally or in writing.
- Installation of computer equipment supplied by us or the Customer, the later with subject to detailed specification from Customer. Agreement of fee will be confirmed in writing.
- Expansion or upgrade to computer equipment or network. This will be agreed and a fee confirmed verbally or in writing.
- Cabling - Design, supply, installation, will be agreed and detailed in writing.
- Web page design, alteration, support and ordering of domains, internet access (dial-up and broadband), web space, web hosting or other related service. This will be confirmed in writing/verbally. Web hosting agreements will be issued and require a signature.
I- Visit to Customer site
The Company’s shall supply personnel to visit the Customer’s site and perform duties as requested and covered in these terms and conditions and by contract. The Company stipulate the following:
- All mains powered equipment shall connect to a safe supply, certified by qualified electrician at the expense of the Customer. The Company will have the right to request any mains point is tested prior to commencement of work if deemed necessary.
- All mains powered equipment shall be PAT tested and a label attached to confirm this. The Company have the right to request that mains equipment be tested prior to work, at the expense of the Customer.
- Computer equipment believed to have been modified in anyway, whether physically or electrically and deemed to be unsafe will be notified to the Customer for attention. southwest
- The Company have the right to refuse work upon equipment believed to be unsafe, physically or electrically and will terminate the call-out, fee’s will be due.
- The Company offer to supply on-site support, subject to the site being in a safe condition. The Customer to indemnify that all equipment, flooring, furniture, roofing and all other surroundings are in a condition fit for use. The Customer shall be liable for injury to any of the Company’s personnel on the Customer’s site.
- All software installed or to be installed shall be of legal standing, the Customer to produce purchase receipt or similar to prove ownership. All software requiring a certificate or authority to use shall have the certificate or other proof, available for inspection if requested by the Company. Failure to comply with this request will be deemed as ‘Contrary to use’ and the call-out may be terminated at our discretion, fees will be due. An offer to replace software may be made if appropriate and at the cost to the Customer.
- Parking shall be made available to the Company’s personnel where available.
- Chemicals or dangerous materials or substances, plant or machinery, must be advised to all of the Company’s personnel while on the Customer’s site. The Customer will be liable for injury to any of the Company’s personnel on the Customer’s site.
- Any damaged, broken or otherwise unserviceable equipment whether the Company personnel are there to attend it or not, shall be advised of its state. The Customer shall be liable for injury to any of the Company’s personnel on the Customer’s site.
J - Copyrights, Patents, Trades marks and intellectual property right.
- The Customer acknowledges that rights in respect of trade marks, trade names, copyrights, patents and other intellectual property rights connected with the goods and services do not pass to the Customer.
- The Customer agrees to indemnify the Company against all liabilities, costs and expenses which the Company may incur as a result of work done in accordance with the Customer’s specifications which involve infringement of any patent or other proprietary right.
- The Company will advise the Customer if any software in use on their premises is breaking any copyright or trade mark agreement, with any third party.
K - Termination
The Company shall be entitled by notice in writing to terminate any agreement without prejudice to any claim or right the Company may otherwise make or exercise where:
- The Customer is in breach of any term, condition or provision of these term and conditions or required by law.
- The Customer shall go into liquidation (except for the purpose of reconstruction) or if any partition or resolution to wind up the Customer shall be presented or if a receiver is appointed of a Customers undertaking property of assets or if a distress shall be levied upon any of the Customer’s property or if the Customer shall commit any act of bankruptcy.
L - Liability
- The Company will not be liable in contract or in any other way for any consequential or indirect loss, liability or damage or for any other claim consequential compensation whatsoever (including loss of profits, cost of expenses or loss of data) arising however from or in connection with the agreement or any breach or non-performance of any provision of it by the Company or any fault in or the supply, service, use, presence or re-sale of goods. PCSW
- The Company shall not be liable for the loss or damage to software programs or user data during the repair or upgrade of any goods whether or not the same are under any warranty.
- Excluding the Company’s liability arising from all warranties and conditions implied by law regarding the goods and without affecting a) and b) above the aggregate liability of the Company whether arising in contract or tort (including negligence) or otherwise howsoever for any loss, cost, damage, injury or liability (whether consequential or direct or otherwise) resulting from or in connection with the agreement or any such breach or other matter as is referred to (b) above, will be limited to an amount equal to the net invoice value of the goods.
- No warranty for service is offered or implied unless a separate agreement is in place. All hardware warranty and liability is passed without prejudice to the original manufacturer.
- The limitation on any exclusions from liability contained in these conditions shall be subject to the provisions of section 2 (1) of the Unfair Contract Terms Act 1977.
The above terms and conditions supersede any previous ones and are subject to change without notice. The latest terms and conditions are available on the Company web site at www.pcsouthwest.co.uk – Version 19 - 29/01/2010.