 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
.............................
|
Comcen Computer SUpplies
Bruce Road, Swansea West Industrial Estate
Swansea
SA5 4HS
GB
Call Us
01792 515508
Customer FeedBack
|
|
|
|
|
 |
1. These Conditions
(1) In these terms and conditions the word Comcen means Comcen Computer
Supplies, the words "the customer" shall mean the person, firm or company
purchasing or agreeing to purchase goods or services from Comcen, the words
"these conditions" shall l mean the terms and conditions of sale set out herein
and the word "goods" shall mean all equipment, spare parts, other goods, repairs
or services to be provided to the customer by Comcen.
(2) All agreements by which Comcen agrees to supply goods and services to the
customer shall be subject only to these conditions notwithstanding any variation
or attempted variation of these conditions made by the customer in its order
form or otherwise and (save as provided by clause 1 (3) of these conditions) the
making of an order by the customer for the goods or services supplied by Comcen
shall for all purposes be deemed to be acceptable by the customer of these
conditions to the exclusion of any other terms and conditions. Any brochure in
which these conditions are incorporated shall constitute an invitation to treat
by Comcen and any order placed by the customer which Comcen in its discretion
accept in writing or by telephone, fax. No cancellation of an order by the
customer shall be valid unless made in writing and accepted by Comcen.
(3) No variation of these conditions is permitted unless expressly accepted in
writing by a Director of Comcen.
2. The Goods
(1) Subject to the warranty contained in Clause 6(1), all descriptions,
drawings, and particulars relating to the goods in any catalogues, leaflets,
brochures, or other documents are for illustrative purpose only and do not form
part of the agreement between Comcen and the customer. All representative as to
performance of the goods are based on information supplied by the manufacturer
of the goods and relate to their performance in normal conditions and when used
correctly.
(2) Unless otherwise expressly agreed, goods supplied will be in accordance with
manufacturers normal designs and specifications current at the date of
manufacture or delivery and the supply by Comcen of goods differing from any
contractual or pre-contractual specifications or descriptions shall not be a
breach of the agreement between Comcen and the Customer insofar as the goods are
of approximately equivalent performance to the goods referred to in such
specifications or descriptions.
3. Delivery, Installation, and Risk
(1) Unless otherwise expressly agreed the cost price shown in the current
price list of Comcen is exclusive of value added tax and the cost of packaging
and carriage which will be charged at Comcen's normal rates.
(2) The time for delivery or installation of the goods is not of the essence.
The agreed dates for delivery or installation are estimates only and a failure
by Comcen to comply with them shall not be a breach of these conditions.
(3) The goods shall be at the customers risk at the time of delivery or
installation, or if the customer has requested that he has arranged the
collection of the goods at his risk on the date that Comcen has notified the
customer that the goods are ready for collection.
(4) Where the goods are installed by the seller it is the customers
responsibility to "make available" all necessary facilities required to
undertake installation. The customer is responsible for payment of all licences,
permits, way leaves, easements, mains electric power supply conducts sockets and
such like as are necessary for the installation of the goods by the agreed date
for the commencement of the installation and to provide all the necessary
access, information and co-operation to enable the installation to proceed from
that date.
5) The customer is required to inspect the goods on receipt and to notify Comcen
of any defects or complaints within 24 hours.
6) If any payment due to Comcen is overdue for 30 days or if the Customer ceases
to trade or enters into any arrangement with its creditors or shall become
insolvent or has a receiver or administrative receiver appointed or a petition
is presented or a resolution is passed for the winding up of the Customer (if
the Customer is a Company) other than for the purpose of a solvent
reconstruction or amalgamation previously notified to Comcen, Comcen shall then
be deemed entitled (without prejudice to any other rights or remedies available
to it) to stop any goods in transit and to cancel any further deliveries.
4. Property in the Goods
(1) Notwithstanding the risk in the goods passed to the Customer in
accordance with clause 3(3) of these conditions the goods shall remain the sole
and absolute property of Comcen and title to and legal and equitable ownership
of the goods shall not pass to the Customer until payment is received by Comcen
of all the monies due from the Customer and the Customer acknowledges that until
such payment is made in full it is in possession of the goods solely as
fiduciary of Comcen.
(2) The customer is licensed by Comcen to use or to agree to sell the goods
provided that the entire proceeds or any sale of such goods are held in trust
for Comcen and are not mixed with other monies or paid into an overdrawn bank
account and shall at all times be identifiable as Comcen money.
(3) Until title of the goods passes to the Customer the goods shall be kept
separate and distinct from all other property of the customer and of third
parties and in good condition and stored in such a way as to be clearly
identifiable as belonging to Comcen and the Customer will not cause or permit or
suffer any labels, badges, serial numbers or other means of identification to be
removed or obscured.
(4) Comcen may for the purpose of recovering its goods enter upon any premises
where they are stored or where they are reasonably thought to be stored and may
repossess the same.
5. Price and Payment
(1) Unless otherwise expressly agreed, the price is payable on delivery of
the goods with invoice, if the Customer does not take delivery when requested,
the price is payable seven days after Comcen has requested the Customer to take
delivery, together with a reasonable charge for the care and storage of goods.
(2) Time for payment is of the essence and if payment is not made by the end of
month following the month of invoice. Comcen may require the Customer to pay
interest per month from the date of invoice compounded monthly.
(3) If payment should not be made in thirty days Comcen will be entitled to
charge (in addition to interest and any legal costs ordered by the Court and
without prejudice to any other rightsremedies available to Comcen) the sum of
£100 plus VAT by way of liquidated damaged and as contribution to the
administrative costs incurred by Comcen in taking steps to secure payment.
(4) Unless otherwise stated, all payments are to be made in sterling to the
Comcen address as stated on invoice.
(5) Where any agreement to supply goods provides for goods to be delivered by
installments which are to be separately paid for, such agreement should not be
severable and failure by the Customer to pay for or accept delivery of any
installment by the due date shall entitle Comcen at its option to treat the
whole agreement with the Customer as repudiated.
(6) Price may be increased, or decreased, by Comcen, at its discretion to take
account of fluctuations in exchange rates or taxes or other price changes
outside the control of Comcen.
(7) The price shall be payable without any deduction or set-off unless expressly
agreed by a Director of Comcen.
6. Warranty and Liability of Comcen
(1) For a period equal to the manufacturers stated warranty period (unless
otherwise agreed in writing from a Director of Comcen) after the date shown on
the specific invoice for the particular goods. Comcen undertakes to credit the
account of the Customer (if any) or to remedy free of charge by repair or
replacement any defects in the goods covered under the manufacturers guarantee
provided that the Customer notifies Comcen promptly of such a defect and where
the customer arranges for the prompt return to Comcen of the defective goods at
the Customers risk and expense.
(2) Save as herein specifically provided and save to the extent that the same
cannot be statute be excluded all conditions and warranties and representations
express or implied statutory or otherwise in relation to the goods are hereby
excluded. Nothing in this clause 6(2) of these conditions shall exclude the
undertakings implied by section 12 of the Sales of Goods Act 1979.
(3) Comcen does not exclude liability in respect of death or personal injury,
which results from the negligence of Comcen, its employees, agents and
subcontractors.
(4) Comcen shall not be liable for any financial consequential of indirect loss
suffered by the Customer or any third party whether such loss arises from breach
of a duty in contract or tort or in any other way including without limitation
to the generality of this exclusion, loss of profits, economic loss, loss of
goodwill, loss of contract, loss of data, damage to the property of the Customer
or anyone else (other than damage caused by the negligence of Comcen or any of
its employees, agents or sub contractors) and personal injury to the Customer or
anyone else (except so far as such injury is attributable to Comcen's
negligence).
(5) To be valid any claim against Comcen whether in contract or in tort must be
brought within two years of the date of invoice and any such claim shall be
limited to an amount by way of liquidated damages equal to the invoice value of
the goods in respect of which the claim was made.
7. Force Majeure
Comcen shall not be liable to the Customer for any failure to perform its
obligations due to any circumstances beyond its control (including without
limitations strikes, lock-outs, industrial disputes, failure or power supply
delays caused by any other person, firm or company delays caused by manufactures
of goods, riots, civil disturbances, war or war like activity, embargoes, fire,
explosion, flood or natural causes) and in such event Comcen may elect by
written notice to cancel any agreement with the Customer or elect that the time
for performance shall be extended until such time as Comcen can reasonably
effect performance.
8. Waiver
If the customer shall be in breach of any of these conditions then failure
by Comcen to require the Customer to rectify the same shall not create any
assumption that such a breach has been waived by Comcen.
9. Notices
All demands, notices and other communications shall be in writing and be
addressed to Comcen at its address shown in invoices delivered by it and to the
Customer at the address given by it for delivery and invoices (or as
subsequently notified by one to the other in writing) and shall be deemed to be
duly given or made by letter 48 hours after being posted by first class postage
pre-paid or if delivered by hand at the time of delivery or if given or made by
telex when the Sender shall receive the answer back of the person to whom it was
sent.
10.Law
These Conditions shall be governed and constructed in accordance with
English law.
Signed:
Position:
Date:
|
|
