Terms and Conditions of Sale
Disclaimers and Consumer Terms & Conditions of Sale (New, Re-Conditioned & Bespoke ‘Products’)
(The following Conditions imply the appropriate Terms and Conditions of any Sale)
IT-Co (the Catalogue or Website or any part thereof) has been prepared for informational purposes only. By utilising the Catalogue or Website and/or its Services, you agree to be bound by the terms and conditions of this notice regarding the use of the Catalogue or Website. If you do not agree with the terms and conditions of this notice, you are hereby instructed not to access or utilise information or services provided by the Catalogue or Website or to submit information to IT-Co via the Catalogue or Website.
All materials and services on any Catalogue or Website and any third-party Catalogues or Website are provided “as is” and maybe with or without warranty of any kind (as defined). Changes are periodically made to the information in any Catalogue or Website, and IT-Co and/or its suppliers may make improvements and/or changes in the Catalogue or Website at any time. With respect to the materials and services contained on any Catalogue or Website and in linked Catalogues and Websites directly or indirectly accessible from any Catalogue or Website, IT-Co and/or its suppliers make no representations and disclaim all warranties, express or implied, including, but not limited to: warranties of title, non-infringement, merchantability and fitness for a particular purpose regarding the suitability of the information; the accuracy, reliability, completeness or timeliness of the content, services, products, text, graphics, links, or other items contained within the Catalogue or Website; or the results obtained from accessing and using any Catalogue or Website and/or the content contained herein. IT-Co does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Catalogue or Website, including any server that makes a website available, are free of viruses or other harmful components. The user assumes the entire cost of all necessary maintenance, repair or correction.
Use of IT-Co Catalogue or Website is at your own risk. The Catalogue or Website may contain advice, opinions, and statements of various information and/or service providers and content providers. IT-Co does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information and/or service provider or content provider, or any user of the Catalogue or Website or other person or entity. Reliance upon any such opinion, advice, statement or other information shall also be at your own risk. Neither IT-Co nor its information and/or service providers or content providers shall be liable to any user or anyone else for any inaccuracy, error, omission, interruption, use of any content herein, regardless of cause, for any damages resulting therefrom. Transmission and/or receipt of the information contained in the Catalogue or Website do not constitute a professional-client relationship of any kind. Information in the Catalogue or Website of a legal nature should not be acted upon without seeking professional counsel. It is your responsibility to evaluate the accuracy, completeness and usefulness of any opinions, advice, services or other information provided. All information contained on any page is distributed with the understanding that the authors, publishers and distributors are not rendering legal, accounting or other professional advice or opinions on specific facts or matters and accordingly assume no liability whatsoever in connection with its use. The information and descriptions contained on the Catalogue or Website relative to any products or services do not comprise a contract.
- Payment accepted by PayPal, credit/debit card, or cash. Credit terms (subject to status) to approved accounts only.
- We do not accept cheques.
- Finance and leasing are subject to status. Details available on request.
- We do not warrant the suitability of goods for a particular purpose, and you should check specifications and suitability with manufacturers before ordering.
- Goods are not so limited on a trial basis.
- Goods offered are subject to being unsold. In the event of the non-availability of goods, we reserve the right to rescind the contract.
- All goods remain IT-Co property until paid for in full.
- Prices and manufacturers specifications are subject to change without notice. Minor specification variations do not entitle the purchaser to rescind the contract. Prices may change because of currency fluctuations.
- Claims for damage, non-functionality and mis-shipping must be made within 30 days of receipt.
- After dispatch date, and in all circumstances after 30 days, no refund or replacement will normally be offered.
- All returns must be in stock condition and be authorised by IT-Co.
- You are responsible for ensuring the safe delivery of the returned item.
- We are not responsible for any consequential loss or expenses, howsoever caused, including incidental returns costs.
- If part of these terms is found to be unlawful, it shall not affect the validity of the remainder.
(The following Conditions imply the appropriate IT-Co full Terms and Conditions in view of any printed or online catalogue, which is referred to) …
INTERPRETATION: –
In these Conditions unless the context otherwise permits: “The Company” is IT-Co.
“The Client” means the person, firm or company who accepts a quotation from the Company for the sale of goods or services or whose order for the goods or services the Company accepts;
“The Goods” means the products or services (including any instalments of the goods or any parts of them) which the Company is to supply in accordance with these Conditions;
“The Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Company and The Client;
“The Contract” means the contract for the purchase and sale of the Goods, and “Writing” includes email, telex, cable, facsimile transmission, email and comparable means of communication. The headings in these Conditions are for convenience only and shall not affect their interpretation.
Sec.1
General: –
All orders are accepted by IT-Co on these conditions of sale, which supersede any other terms appearing in any previous catalogue or elsewhere, and, unless otherwise specifically agreed in writing on IT-Co documentation by a Director/Manager of IT-Co, these conditions of sale override and exclude any other terms stipulated or incorporated or referred to by the Customer, whether in the order or during any negotiations or any course of dealing established between IT-Co and the Customer, and constitute the entire understanding between IT-Co and the Customer for the sale of products or services. Customers purchasing from IT-Co agree to be bound by these terms and Conditions.
All descriptions and illustrations contained in this Catalogue or Website or any price list or otherwise communicated to the Customer are intended merely to present a general idea of the products or services, and nothing contained in any of them shall form part of the contract between IT-Co and the Customer.
1.1 Any notice given under this Contract shall be given in writing and be signed by or on behalf of the party giving the notice and shall be delivered to the other party or sent to the other party by pre-paid first-class post to the address specified in this contract or such other address as may from time to time be notified by one party to the other in writing.
1.2 No waiver by the seller of any breach of the contract by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
1.3 If any provision of these is held by any authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provisions in question shall not be affected thereby.
Sec.2
PRICE OF GOODS / SERVICES: –
Prices of products and services will be those ruling in the IT-Co Catalogue or Website current at the date of dispatch. Prices quoted are ‘Net Trade’ and include ‘Value Added Tax’ (VAT) (if applicable). Whilst every endeavour shall be made to maintain the prices quoted on this Website IT-Co reserves the right to effect changes without prior notice at any time before dispatch. All orders shall show the total price to pay when the order is confirmed and dispatched.
Prices are inclusive of all goods and labour except where indicated in the relevant sections. Normally a schedule of the goods and labour required will indicate the total price payable on completion of the work. Sometimes a deposit or payment in full will be first requested before the bespoke work is to be carried out.
2.1 The price of the Goods and/or Services provided by the Company shall be the Company’s quoted price or where no price has been quoted (or a quoted price is no longer valid) the price listed in the Company’s price list current at the date of acceptance of the order.
2.2 All prices quoted are valid for 30 days only or until earlier acceptance by The Client after which the Company with or without notice to The Client may alter them.
2.3 The Company reserves the right by giving notice to The Client at any time before delivery, or whilst providing any service, to increase or decrease the price of the Goods or Service to reflect any increase or decrease in the cost to the Company which is due to any factor beyond the control of the Company (such as without limitation any foreign exchange fluctuation, currency regulation, alteration of duties, the appointment of any specialist person, a significant increase in the price charged to the Company by its supplier for the Goods or any change in delivery dates, quantities or specifications for the Goods which is requested by the Client or any delay caused by instructions of the Client or failure of the Client to give the Company adequate information or instructions).
2.4 All prices include the costs of normal packaging but exclude the cost of delivery and commissioning (where commissioning is applicable).
2.5 The price is inclusive of any applicable Value Added Tax (unless otherwise stated and if applicable, which The Client will be additionally liable to pay to the Company when applicable).
2.6 Labour charges are calculated on hourly increments or part thereof (if applicable).
2.7 Chargeable Time may include time taken to collect goods not available from the visiting specialist person stock whether collected en route to the client or as part of the site attendance.
2.8 Quotations and estimates are given on the basis of subject to change.
2.9 Where rectification of other faults is required before the defect can be remedied, or the equipment follows non-standard practices and requires additional work beyond that estimated, charges shall be applied for the additional work.
Ordering: –
IT-Co executes orders to the Customer’s requirements and shall only substitute one product for another where specifically instructed to do so by the Customer and where the exact order is not in stock, or where the product has been superseded. Subject to stock availability, the Customer may place orders for any quantity of products, however large or small. To the extent that orders with cash or credit card cannot be met completely ex-stock, any balances of such orders are considered cancelled, and the appropriate amount of cash shall be refunded or credit made to the credit card account. Goods shall only be dispatched following the clearance of payment.
NB: The auto-response email for online orders is not an acceptance of your order but for peace of mind only and you must not assume that a contract exists between yourself and IT-Co for the sale of goods or services until IT-Co specifically confirms it in writing (including email). It is IT-Co responsibility to confirm acceptance of your order and for despatch.
ORDERS AND SPECIFICATIONS: –
3.1 The Client shall be responsible to the Company for ensuring the accuracy of any order.
3.2 The quantity, quality and description of the Goods and/or services shall be those given in the Company’s quotation (if accepted by The Client) or the Client’s order (if accepted by the Company), or to a higher specification at the same price.
3.3 The Company reserves the right to make any changes in the specification of the Goods and/or services which are required to conform with any applicable safety or other statutory requirements, or which do not materially affect the quality or performance of the Goods and/or services.
3.4 No order which has been accepted by the Company may be cancelled by The Client except with the agreement in writing of the Company and on terms that The Client shall indemnify the Company in full against all loss (including loss of profit), costs, damages, charges and expenses incurred by the Company because of cancellation.
Sec.4
Carriage Costs / Delivery: –
All products are normally dispatched within 2-5 working days unless any specific delivery instructions are received at the time that the order is placed e.g. Next Day Delivery, Delivery on a Particular Date, etc (additional charges may apply). All deliveries are subject to the reliability of the Courier Service used at the time of dispatch and IT-Co cannot accept responsibility for delays caused which are beyond the control of the Company i.e. Postal Strikes, etc. Deliveries are normally only made to the Customer’s usual Business Address as notified to IT-Co or to the Personal Address where the Customer has requested delivery (unless otherwise stated). In the unfortunate event of a delay in the delivery of any goods and where the delay is through no fault of IT-Co please allow up to 30 days from the date of the order placed, for the delivery of any goods ordered.
Northern Ireland, Channel Islands and all other U.K. Offshore Islands are chargeable at the applicable rate stated by IT-Co at the time of ordering. Please confirm the carriage cost with IT-Co Staff before purchasing any Products or Services. Deliveries outside the U.K. and in all other cases a carriage charge will be made (ask for details before purchasing).
Carriage and packing are normally charged for the collection and return of items. Sometimes special carriage options may be offered by IT-CO and these may be implemented, changed or removed by giving at least 30 day’s clear notice in writing to do so. FREE RETURNS within 30 days are normally offered on New, Re-Conditioned & Bespoke ‘Products’.
4.1 The Company delivery of Goods and/or services will normally be made to such place as shall have been agreed between the Company and the Client.
4.2 Unless the Client notifies the Company in writing within 30 days of the date of the Company’s invoice that the Goods have not been delivered, and then delivery shall be deemed to have taken place on the date of the Company’s invoice.
4.3 Any dates quoted for the delivery of the Goods and/or services are approximate only and the Company shall not be liable for any delay in delivery of the Goods howsoever caused.
4.4 Time for delivery shall not be of the essence of the Contract. Deliveries may take up to 30 days and the Client must allow for this.
4.5 The Goods and/or services may be delivered by the Company in advance of the quoted delivery date upon giving reasonable notice to the Client.
4.6 If the Company is unable to deliver the Goods and/or services due to variation of agreed delivery date or delivery location by the Client then without prejudice to any other right or remedy which may be available to the Company, the Company may either store the Goods until actual delivery and charge the Client for the reasonable cost (including insurance) of storage or sell the Goods at the best price readily available and (after deducting all reasonable storage and selling expenses and any interest which may be due to the Company under the Contract) account to the Client for the excess over the price under the contract or charge the Client for any shortfall below the price under the contract which shall be a debt to the Company.
4.7 Where the goods and/or services are to be delivered in instalments each delivery shall constitute a separate contract and failure to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Client in respect of any one or more instalments shall not entitle the Client to treat the contract as a whole as repudiated.
Sec.5
Export Business: –
These conditions do not apply to export transactions for which separate conditions of sale exist (available at request). However, in the event that the Products supplied are ultimately exported, the Customer shall be responsible at their expense for obtaining any license and complying with any export regulations in force within this country and the country for which goods are destined. Customers’ outside the U.K. should first confirm the final purchase price from IT-Co before any purchase.
Sec.6
Inspection, Transit Delay’s and Non-Delivery: –
The Customer must inspect the Products as soon as is reasonably practicable after the delivery and shall within 30 days of the receipt of the delivery give notice to IT-Co in detail of any defect in the Products or of any other complaint, which the Customer may have in relation to the Products. If the Customer fails to give such notice, the Products shall be conclusively presumed to be in all respects in accordance with the contract and free from any defect, which would be apparent on reasonable examination, and the Customer shall be deemed to have accepted the Products accordingly. IT-Co reserves the right to offer a full refund in exchange for defective goods, subject to the circumstances of the cause of the defect.
Queries regarding shortages of Products must be made within 30 days of the dispatch date and must be accompanied by its documentation. Queries regarding Products invoiced but not delivered must be made within 30 days of the invoice date and the invoice number must be quoted. The Customer is advised to contact IT-Co by telephone or send an email to the General Information Department if neither the Products nor an invoice in respect of the Products are received within 30 days of the dispatch date.
The Customer must refuse Parcels delivered to him or her in a damaged condition. Except as set out above in no circumstances shall IT-Co be liable to compensate the Customer in damages or otherwise for non-delivery or late delivery of the Products or any of them for whatever reason or for any loss consequential or otherwise arising from defects, non-delivery or late delivery.
Sec.7
Passing of Risk & Property: –
Risk of loss of or damage to the Products shall pass to the Customer at the time of delivery. The property in the Products shall not pass to the Customer until all sums due or owing to IT-Co by the Customer on any account have been paid, and until payment, the following provisions of this paragraph shall apply. Except where full payment is made in cash, the whole of the price shall not be treated as paid until any cheque or other instrument of payment given by the Customer has been met on presentation or otherwise honoured in accordance with its terms. If the Customer defaults in the punctual payments of any sum owing to IT-Co, then IT-Co shall be entitled to the immediate return of all Products so Limited by IT-Co to the Customer in which the property has not passed to the Customer, and the Customer hereby irrevocably authorises IT-Co and it employees’ and agents to recover the Products and to enter any premises of the Customer for that purpose. Demand for or recovery of the Products by IT-Co shall not of itself discharge either the Customer’s liability to pay the whole of the price and take delivery of the Products or IT-Co right to sue for the whole of the price.
7.1 Risk of damage or loss of the Goods shall pass to the Client at the time of delivery or if the Client wrongfully fails to take delivery of the Goods the time when the Company has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of the risk of the Goods or any other provisions of these Conditions title to the Goods shall not pass to the Client until the company has received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be sold to the Client for which payment is then due.
7.3 Until such time as the property in the Goods passes to the Client, the Client shall hold the Goods as the Company’s fiduciary agent and shall keep the Goods separate to those of the Client and third parties and properly stored, protected and insured and identified as the company’s property.
Sec.8
Warranty: –
IT-Co warrants that it will, at its option, replace Products supplied by IT-Co in which under proper use defects appear, or repair the same, or refund the purchase price thereof, subject to the valid claim being made in writing to IT-Co within 30 days after dispatch, or such other period as may be indicated by IT-Co for specific Products from time to time, provided that Products or Parts to which the claim relates are returned to IT-Co within that period suitably packaged and carriage paid and, where relevant, in accordance with any particular instructions which IT-Co may have notified to the Customer at the time of supply.
Returned Products must be accompanied by their documentation acquired at the time of the purchase and the original invoice number must be stated in respect of the Products and the nature of any claimed defect, together with such further information as IT-Co may at the time of supply have stipulated. Any Products, which are replaced by IT-CO, shall become the property of IT-Co and the date of the exchange shall determine the time left of the warranty, which shall be the remaining time up to 30 days from the date of the original purchase. This warranty shall be in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose of the Products except any implied by law, which by law cannot be excluded.
8.1 Patent Defects and Incorrect Deliveries: The Client shall inspect the goods immediately on arrival thereof and shall within 5 working days of their arrival give notice to the Company of any defect in the goods or any other matter by reason whereof the Client alleges that the goods are not in accordance with the Contract.
8.2 If the Client fails to give such notice, the Goods shall be deemed to be free of patent defects and in all respects in accordance with the contract and the Client shall be bound to accept and pay for them accordingly.
8.3 If the Client gives such notice and the delivered goods are proved to be defective, the company shall at its own discretion replace or repair the goods free of charge or refund the purchase price and the Client shall have no further rights to damages or otherwise against the Company.
8.4 The company warrants for a period of 30 days, from the date of despatch, that the goods shall be free of patent defects. This period will not be extended for any product returned and replaced under these warranty provisions.
8.5 The warranty will not extend to faults caused by incorrect or inappropriate use or handling of the goods nor to any goods which have been repaired or in any way altered without the consent of the Company in writing nor to any consequential loss, damage or expense howsoever arising.
8.6 Goods must be returned in original packaging and in a re-saleable condition as a condition of the warranty.
8.7 Goods shall be returned at the Client’s expense and re-delivered to the Client at the company’s expense.
8.8 No warranty is made, given, or implied as to the merchantability, quality, life or wear of the goods supplied or that they will be suitable for any particular use or for use under any particular conditions, notwithstanding that such purpose or condition may be known to the Company and the company accepts no liability for loss, direct or consequential, arising from the use of products supplied or recommended for use: liability shall be limited to replacement or refund of the cost of the goods subject to their return complete, in the original packaging and in a saleable condition: any recommendation as to fitness for purpose shall depend on the accurate description of purpose given in advance by The Client: all Goods supplied shall be of merchantable quality.
8.9 The Client’s Statutory Rights are not to be affected by any of the foregoing.
8.10 All work done specifically benefits from the company’s 30-day warranty, during which time any defect arising directly from faulty workmanship will be rectified free of charge.
8.11 All new goods supplied normally benefits from a 30 day, or longer, manufacturer’s warranty.
8.12 Where a claim is made under warranty the company will, subject to its general terms and conditions, provide support services during its normal working hours and will make no charge for rectifying the failure or defect nor charge for replacing any faulty parts supplied by the Company, provided that the failure or defect is due directly or solely to defect in the parts supplied by the Company.
8.13 Charges will be applied for labour to rectify failures or defects, where inspection of the parts supplied by the Company is confirmed to be faultless, or where the need to carry out the work was either not apparent or not requested by the Client at the time of authorisation of the repair, or where the Client has been previously advised that a proposed remedy may not work as required.
Sometimes it may not be possible to precisely predict the exact number of hours required in any project. Therefore, it may sometimes be necessary to adjust the initial quoted number of hours previously given in any project. Sometimes immediate specialist or technical repairs may be required, and these are surcharged at the higher charge rate prevailing at the time.
Sec.9
Product & Services Availability Information: –
Unless otherwise stated, electrical ratings represent safe working limits. Dimensions and other physical characteristics are subject to normal commercial tolerances. The Customer shall be responsible for ensuring the fitness of the Product for the Customer’s application. IT-Co reserves the right without prior notice to discontinue any Products or Services or to make design changes as part of its continuous programme of Product improvement, or to assist product availability. Where possible future design changes shall be indicated against the description and such changes may take place during the life of this Website or any other existing Catalogue. IT-Co recommends that the Customer verify dimensions; specifications and other data published in this Website or any other Catalogue together with future availability, before incorporating Products into designs or for other critical purposes. The information contained in this Website was, as far as IT-Co was aware, correct at the time of going to press. Where the Customer intends to supply the Products to any other person, the Customer shall ensure that all warnings, labels, instructions, manuals and other information in respect of the Products or Services or their use, which are supplied with the Products, are not lost or damaged in any way whilst the Products are in his or her possession or under his or her control and that they are supplied with the Products when he or she releases them from his or her possession.
Sec.10
Quality Statement: –
A statement of quality conformance may be provided for some Products. The statement of quality conformance is normally a condition of the sale of the manufacturer of the Product and is included with the Product documentation at dispatch.
Sec.11
Liability: –
IT-Co shall not be under any liability for damage, loss or expense resulting from the failure to give advice or information or the giving of incorrect advice or information (including, without limitation, advice or information given or not given by or through the IT-Co technical information facility) whether or not due to IT-Co negligence or that of its employees, agents or sub-contractors. These Conditions set out IT-Co entire liability in respect of the Products and Services and IT-Co liability under these conditions shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities express or implied statutory or otherwise in respect of the quality or the fitness for any particular purpose of the Products or otherwise howsoever except any implied by law which by law cannot be excluded. Save as provided in these conditions and except as aforesaid IT-Co shall not be under any liability, whether in contract, tort or otherwise, in respect of defects in the Products or failure to correspond to specification or sample or for any injury, damage or loss resulting from such defects or failure.
In no event shall any breach of contract on the part of IT-Co or tort (including negligence) or failure of any kind on the part of IT-Co or that of its employees, agents or sub-contractors give rise to any liability for loss of revenue or any cause whatsoever. IT-Co liability (if any) whether in contract, tort or otherwise in respect of any defect in the Products or any duty owed to the Customer in connection herewith shall be further limited in the aggregate to the maximum insured at the time (details on request).
Nothing in this liability paragraph shall exclude or limit the liability of IT-Co for death or personal injury caused by the negligence of IT-Co or its employees, agents or sub-contractors, or for fraud.
Sec.12
Indemnity / Limitation of Liability: –
As a condition of use of the Site, the user agrees to indemnify IT-Co and its suppliers from and against any and all liabilities, expenses and damages arising out of claims resulting from the user’s use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by the user of these terms and conditions. If you are dissatisfied with any material on the Site, or with any of the terms and conditions for using the Site, your sole and exclusive remedy is to discontinue using the Site.
Sec.13
Country of Origin: –
Unless otherwise confirmed, nothing in this catalogue or web shop is to be taken as a representation of the source of origin, manufacture, or production of the Products or any part thereof.
Sec.14
Payments: –
Credit terms, subject to satisfactory references, may be made available. Payment is normally due at the point of sale at the end of the month following the month in which the Products are dispatched or any Services done unless otherwise agreed. If any sum is not paid on the due date for payment, all sums then outstanding (inc ‘On-Account’) from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date.
Cash, PayPal, MasterCard and Visa or any other option/card IT-Co chooses to accept are accepted as payment only when ordering, not as payment of accounts (unless otherwise agreed), and are subject to authorisation with any subsequent refund being made to the Client, PayPal/ Credit Card account. If any sum is not paid on the due date for payment, all sums then outstanding for the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date. All payments must be made without any set-off, deduction or counterclaim.
14.1 Unless the Company shall have previously agreed in writing with the Client that the Goods and/or services shall be supplied on credit, payment for the Goods and/or services shall be made in full by the Client with the Client’s order or with The Client’s acceptance of the Company’s quotation.
14.2 Where the Company has agreed to supply the Goods and/or services on credit, the Company shall be entitled to invoice the Client for the price of the Goods and/or services on or at any time after delivery of the Goods and/or services and the Client shall pay the price of the Goods and/or services within 30 days (unless agreed otherwise) of the date of the Company’s invoice notwithstanding that title to the Goods does not pass to the Client until full payment is made.
14.3 The time of payment of the price shall be the essence of the Contract. If the Client fails to make a payment on the due date then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the Contract or suspend any further delivery or suspend any services to the Client, appropriate any payment made by the Client to such of the Goods as the Company may think fit (notwithstanding any purported appropriation by the Client), charge the Client interest (both before and after judgement) on the amount unpaid at the rate of 2% above Bank Rate per month or part month until payment in full is made, such interest being calculated on a daily basis, and enter the premises of the Client without notice during normal working hours and without impediment recover goods supplied under the contract for which payment has not been made, if necessary using reasonable force to enter the premises.
Sec.15
Late Payment: –
IT-Co reserves the right to seek any legal advice or to take any lawful action necessary for the purposes of recovering any Property or Monies owed by the Customer or for any other purpose. IT-Co reserves the right to charge interest on any late payment, which at that time becomes immediately payable in whole to IT-Co, at a % rate applicable per annum (currently 8%) above the Bank of England base rate prevailing at the time of default, on the whole of the monies owed by the Customer until such time the monies owed has been paid. IT-Co reserves the right, after 30 clear days of any late payment, to routinely nominate any third party or other Company or Person to recover any debt owed by a Customer to IT-Co and IT-Co also reserves the right to recover any expenses that occurred in the process of doing so.
Sec.16
Amendment to Terms of Business: –
IT-Co reserves the right to amend its Terms of Business upon giving 30 days clear notice.
Sec.17
RETURNS AND REPAIR: –
17.1 Where the Company has agreed to carry out repairs or replace Goods (or any parts thereof) and/or services other than for the purpose set out above, the Client irrevocably authorises the Company to carry out repairs or provide such replacements as shall place the goods in proper working order.
17.2 The Company shall accept no liability for any damage to or loss in transit of Goods returned to the Company for whatever reason they may be sent.
17.3 If the Company has agreed to accept the return of Goods for any reason the Goods must be returned in their original packaging and in a clean re-saleable condition failing which the company will refuse to accept the same and the Client shall remain liable for the cost thereof.
Returns & Handling Charge Policy – The Customer may only return Products to IT-Co, and receives a credit or refund, on the following conditions:
(i) The Customer may only return Products to IT-Co for a refund or credit with the prior consent of IT-Co.
(ii) Return must be made within 30 days of the date of delivery (as stated on the delivery documentation). Products must be returned to IT-Co in their original condition and packaging and in a condition, which will enable them to be immediately fit for re-sale. Certain Products may not be returnable once opened or where a seal is broken, and these Products will be clearly labelled. The Customer must state the relevant IT-Co order number and invoice details on the IT-Co ‘Customer Return Form’, on the rear of the dispatch note or available on request, enclosing it with the Product (including proof of purchase).
(iii) Where specific instructions appear in this Catalogue or Website or with any product regarding its return to IT-Co, the Customer must follow such instructions.
(iv) If the Customer does not quote invoice details or the IT-Co order number, as on the original dispatch note, the credit will be based upon the lowest sales price, if at all.
(v) For Products returned due to Customer error or no longer required and returned in accordance with (i)-(iii) above a handling charge of 20% of the invoice value, subject to a £5.00 minimum, may be applied to cover any charges that might have been raised as a result of the order. This charge is only applicable where IT-Co raises costs in order to supply the goods ordered as most returns are FREE within the 30 day’s period.
(vi) Where the Customer return Products to IT-Co not in accordance with (i)-(iii) above (for example after 30 days from the date of dispatch and in an unfit state) IT-Co will refuse delivery or may apply a handling charge which relates to the actual cost of reprocessing or restocking (subject to a minimum 20% of the invoice value or £5.00 minimum).
(vii) Most goods are sold with a ‘Risk Free 30 day’s Money Back Guarantee’ unless otherwise clearly stated. Where FREE RETURNS are offered, if within the risk free 30 days money back guarantee period, IT-Co will cover the cost of return (by supplying a PAID FOR RETURNS LABEL). The easiest way to return a product is by logging in to ‘My Account’ online (at: https://it-co.org) to initiate the return (we will send you a postage paid label by email). FREE RETURNS are at the cost of, and risk of IT-Co, if within the risk free 30 days money back guarantee period. However, it is the Customers responsibility to attach the returns label to a correctly packaged parcel, to post the parcel at the post office and provide a receipt (or proof of postage). Please make sure the parcel is correctly packaged, and you get a receipt – just in case proof is requested by Courier and/or IT-Co). Where the 30 days free returns period has expired, or the product is sold without the ‘Risk Free 30 day’s Money Back Guarantee’, then Sec. 17 – (vii) is invalidated from the Terms of Sale, but all remaining Sections of the Terms and Conditions of Sale still apply. For clarity, the first day of cover of the ‘Risk Free 30 Day’s Money Back Guarantee’ is the invoice date, the last day being exactly 30 days from the invoice date (e.g. from 1st – 30th inclusive, is within 30 days free returns period). You may return the product within this timeframe, for whatever reason, for a full refund.
All Products are returned to IT-Co at the cost to the Customer (or otherwise at IT-Co discretion if FREE RETURNS are offered) and at the Customer’s risk. IT-Co accepts no responsibility for any loss of or damage to them or any items received by IT-Co with them. Products to be returned to IT-Co should be adequately packed and dispatched freight prepaid and be clearly labelled.
Sec.18
Order Cancellation: –
The Customer may cancel orders (or partial orders) once accepted by IT-Co only after prior negotiation and agreement to terms, which will indemnify us against any expense incurred. In the event of cancellation, in whole or part, IT-Co may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered. IT-Co reserves the right to cancel any order at any time for any reason in return for a full refund.
Sec.19
Services: –
IT-Co offers various services and the list is not exhaustive. The conditions, which apply to these services and others unless otherwise stated, are subject to the availability of parts, staff flexibility where demand is high, the provision that IT-Co is at the time capable of performing such services and subject to any other terms, which might be presented at the time by IT-Co.
Sec.20
Additional Conditions Relating to Services: –
The Customer must pay the relevant charges, which shall be agreed prior to any services being carried out, to IT-Co no later than the date of receipt of the Product by IT-Co. Where the Customer has an authorised credit account with IT-Co and encloses a properly authorised written order the Customer may pay through such account and will be invoiced in due course.
Sec.21
Force Majeure: –
IT-Co shall not be in breach of contract with its Customer for any delay in performing, or failure to perform, its obligations under these terms and conditions of sale if that delay or failure was due to any cause or circumstances beyond IT-Co reasonable control or by its inability to procure services, materials or articles required for the performance of the contract except at enhanced prices.
In these circumstances, IT-Co may at its sole option delay the performance of, or cancel the whole or any part of, the contract without liability to the Customer. In particular, although IT-Co will use reasonable endeavours to deliver backorders by the date stated by IT-Co, IT-Co shall not be responsible for any delay in the delivery of such orders.
Sec.22
Choice of Law & Jurisdiction: –
All contracts between IT-Co and the Customer shall be governed by and interpreted in accordance with English Law and the Customer submits to the jurisdiction of the High Court of Justice in England, but IT-Co may enforce any such contract in any court of competent jurisdiction.
Sec.23
Data Protection & Customers’ Information: –
Any Staff Member of IT-Co may keep and use personal details of the Customer and its employees for the purpose of providing Services to the Customer. In addition, IT-Co may need to disclose the Customers’ and its employee’s details to organisations working on behalf of IT-Co anywhere in the world (for example, credit reference agencies, organisations who manage our IT Systems, mailing houses and call centres). IT-Co may send the Customer and its employees’ details of other Products and Services offered by IT-Co that may be of interest to the Customer. If the Customer does not wish to receive details of these Products, Services or Offers then please contact the Marketing Department of IT-Co or send an email to admin@it-Co.org.
Sec.24
Privacy Statement for IT-Co: –
IT-Co is committed to assuring users that their privacy will be respected and protected. IT-Co has created this privacy statement in order to demonstrate our firm commitment to user privacy. The following discloses the information gathering and dissemination practices for all information collected or submitted to the Site.
Sec.25
Information Automatically Logged: –
We sometimes use your IP address to help diagnose problems with our server and to administer our Website.
Sec.26
Cookies: –
The Site may use cookies to enhance your online experience with IT-Co Online. A ‘cookie’ is nothing more than a small file that your Web browser will place on your hard drive. It allows us to remember you and keep track of preferences and IT-Co passwords. The use of cookies allows us to deliver content specific to your interests, and to save your password so you don’t have to re-enter it each time you visit our site. You can, of course, set your browser to reject cookies – but keep in mind that this may affect the experience you have on the Site.
Sec.27
Registration Forms: –
The Site’s registration forms may require users to give us contact information (like their name, email, and postal address) and demographic information (like their zip code, age, or income level). Contact information from the registration forms is used to ship materials and information about our company or its products and services. The customer’s contact information is also used to get in touch with the customer when necessary. Users may opt out of receiving future mailings. Financial information that is collected is used to bill the user for products and services.
Demographic and profile data are also collected at the Site. We use this data to tailor our visitor’s experience at the Site showing them content that we think they might be interested in, and displaying the content according to their preferences. Specific information about you will not be released to any entity not affiliated with IT-Co. An ‘affiliate’ entity is an organisation either owned or managed by IT-Co. We will not disclose information about your individual visits to the Site or personal information that you provide, such as your name, address, e-mail address, telephone number, credit card number, personal preferences, etc. to any outside parties unless required to do so by law.
Sec.28
Public Forums: –
This site may make chat rooms, forums, message boards, and/or news groups (email) available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. IT-Co is not obligated to monitor any transmission made through the Web pages. However, IT-Co has the right, but not the obligation, to monitor any transmission made to and from the Site.
Sec.29
Links to Third Parties’ Websites: –
The Site may contain links to other sites maintained by third parties. IT-Co does not operate or control in any respect any information, products or services on such third-party sites and does not guarantee that the links or any information contained therein will be accurate at the time of your access. Third-party links are included solely for the convenience of users and do not constitute any endorsement, approval or certification by IT-Co, its affiliates and/or its suppliers of the content of any site referenced by a link or otherwise. IT-Co believes that links to publicly accessible web pages and newsgroups is legally permissible and consistent with the common and customary expectations of those who make use of the Internet. User assumes sole responsibility for use of third-party links and pointers and disclaimers set forth herein are equally applicable to such third-party sites. The Site may contain links to other sites maintained by third parties. IT-Co does not operate or control in any respect any information, products or services on such third-party sites and does not guarantee that the links or any information contained therein will be accurate at the time of your access. Third-party links are included solely for the convenience of users and do not constitute any endorsement, approval or certification by IT-Co, its affiliates and/or its suppliers of the content of any site referenced by a link or otherwise. IT-Co believes that links to publicly accessible web pages and newsgroups is legally permissible and consistent with the common and customary expectations of those who make use of the Internet. Users assume sole responsibility for use of third-party links and pointers and disclaimers set forth herein are equally applicable to such third-party sites.
Third-Party Content – Any opinions, advice, services, or other information made available by third parties, including information providers and users are those of the respective authors (or distributors) and not of IT-Co.
Sec.30
Copyright & Patents: –
The Customer acknowledges that IT-Co owns the copyright in this Website or Catalogue and that its whole or partial reproduction without IT-Co prior written permission is prohibited. Only a Director of IT-Co may give permission. All materials, including graphic images, buttons, layout and text posted on the Site are subject to copyrights owned by IT-Co and other individuals or entities. Any reproduction, retransmission, or republication of all or part of any graphic images, materials or documents found on the Site is expressly prohibited unless IT-Co or the copyright owner of the material has expressly granted its prior written consent to so reproduce, retransmit, or republish the material. All other rights are reserved. The names, trademarks, service marks and logos of IT-Co, appearing on this site may not be used in any advertising or publicity, nor otherwise to indicate IT-Co sponsorship of or affiliation with any product or service, without IT-Co’s prior express written permission.
Sec.31
BASIS OF ANY SALE: –
31.1 The Company shall sell and The Client shall purchase the Goods and/or services in accordance with any quotation of the Company which is accepted by The Client or any order of The Client which is accepted by the Company subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted or any such order made or purported to be made by The Client.
31.2 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Company and of The Client.
31.3 The Company’s employees or agents are not authorised to make any representations concerning the Goods and/or services unless confirmed in writing when entering into the Contract.
31.4 The Client acknowledges that it does not rely on and waives any claim for breach of any such representations, which are not so confirmed.
31.5 Any advice or recommendation given by the Company or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by the Company is followed or acted upon entirely at The Client’s own risk and accordingly the Company shall not be liable for any such or recommendation which is not so confirmed.
31.6 The Company, hereby, reserves the right at any time to make such revisions to the Goods and/or services, as the Company shall at its discretion deem fit.
31.7 The service requested will be provided as quickly as is reasonably practicable subject to constraints of existing workload, availability of personnel, weather, traffic conditions, and availability of parts and personnel.
Sec.32
INSOLVENCY OF CUSTOMER: –
32.1 This clause applies if The Client makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation otherwise than for the purposes of amalgamation or reconstruction, an encumbrance takes possession or a receiver is appointed of any of the property or assets of the Client, the Client ceases or threatens to cease carrying on business or the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Client and notifies the Client accordingly.
32.2 If this clause applies then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the Contract or suspend any further deliveries or services under the Contract without any liability to the Client and if the Goods have been delivered and not paid for then the price shall become immediately due and payable notwithstanding any previous agreement to the contrary.
32.3 The Company shall be entitled to enter the premises of the Client during normal working hours, if necessary, using reasonable force and without impediment by the client, and recover goods supplied under the contract or goods which would realise on sale the full value of the contract for which payment has not been made.
Sec.33
Blank…
Sec.34
DISCLAIMER: –
Whilst every effort is made to ensure that the information contained within these Terms & Conditions is accurate and up to date, it is important to remember that the IT-Co is constantly seeking to improve its products and therefore it is possible that images and or product specifications may have changed. IT-CO reserves the right to offer refund, repair or supply alternative products or services at a similar or of higher specification in order to fulfil any scheduled or estimated work assignment. These Terms & Conditions are in addition to any other Terms & Conditions of Trade prevailing at the time the Service is carried out.