Conditions of
Sale Issue 4 (lu May 2008)
1.1
Introduction
All sales made by CompuSage are made on the conditions of
sale stated in the following paragraphs. No variation of these conditions of sale or any terms supplied with any
order form or other document provided by you will be binding on CompuSage
unless confirmed in writing by a Director of CompuSage.
Although CompuSage will advise customers of the options for
their particular requirement you are ultimately responsible for deciding on the
suitability of the goods offered for any particular purpose and for the
consequences arising from modification of the goods at your request.
1.2
Prices and Payment
All prices exclude VAT and are valid for 14 days unless otherwise stated. CompuSage reserves the right to change prices
after this time. All goods are subject
to availability. As a result of
continuing product development the specification or design of goods may vary.
Unless otherwise specified, at least 10% of the total
payment is required prior to delivery of the goods. CompuSage accepts payment by cheque, credit
card (which will be debited at the time of your order), or cash where goods are
collected from our warehouse. If you
wish to open a credit account with CompuSage please ask for details (accounts
subject to status).
For so long as any amount to be paid for the goods
remains owing to CompuSage title to the goods will remain with CompuSage and
will not pass to you until CompuSage has received payment in full including any
interest due.
Subject to any special terms agreed by the parties in
writing, CompuSage shall be entitled to invoice you for the price of the goods
on delivery and payment shall be made within the time limit specified on the
invoice.
If you fail to make any payment by the due date then,
without prejudice to any right or remedy available to the company, we reserve
the right to cancel the order or suspend any further deliveries to the
purchaser.
CompuSage may charge interest at 4% above National
Westminster Bank base rate from time to time on any payment not received by the
due date until such sum is received, both before and after judgement.
1.3
Delivery
Risk of loss or damage to the goods shall pass to you
upon delivery.
Claims for damage to goods must be noted at the time of
delivery and notified to CompuSage within 48 hours of receipt of the
goods. Claims for non-delivery of goods
must be notified to CompuSage within 48 hours of the invoice date.
CompuSage regret that where goods do not appear in the
catalogue or WebSite and have been specially ordered for you, CompuSage cannot
accept cancellation of the order or the return of the goods unless they are
defective and returned within 7 days of delivery to you.
CompuSage are unable to accept the return of goods
without a customer return number (CRN). Please contact our Customer Services Department if you wish to return
goods on telephone number 08456 123440. Faulty goods will be accepted for return within 7 days of delivery to
you if they are returned undamaged, complete and in the original packaging.
Non-faulty goods will be accepted,
entirely at CompuSage’s discretion, within 7 days of delivery to you provided
that they are returned unopened and in perfect condition. Non-faulty returns, including those returned
as faulty when no fault is found, will be credited at the selling price less a
handling charge of 15% of that price. Any goods returned to CompuSage without a CRN or which are not complete
or in perfect condition will be rejected and returned to you at your cost.
Until such time as the property in
the Goods passes to you, CompuSage shall be entitled at any time to require you
to deliver up the Goods to CompuSage and, if you fail to do so forthwith, to
enter upon any premises of the Company or any third party where the Goods are
stored and repossess the Goods.
The Purchaser shall not be
entitled to pledge or in any way charge by way of security for any indebtedness
any of the Goods which remain the property of CompuSage, but if you do so, all
monies owing by you to CompuSage shall (without prejudice to any other right or
remedy of CompuSage) forthwith become due and payable
.
1.4 Guarantee and Liability
Every product CompuSage sells
is guaranteed in accordance with the terms of the manufacturer’s warranty
provided with the goods.
CompuSage
accepts no liability whatever nature arising as a result of any
representations, breach of contract, negligence or otherwise including
but not
limited to any liability for indirect or consequential loss, loss or corruption
of data, or loss of profits, revenue, business or goodwill
except for liability
for death or personal injury caused by CompuSage’s negligence.
All conditions, warranties, guarantees and
representations, express or implied, by stature, common law or otherwise in relation
to the goods
(other than any liability which CompuSage is not permitted by law
to exclude or restrict) are hereby excluded.
1.5
Technical Services
CompuSage is able to provide
technical services (such as the configuration or upgrade of goods) at your
premises. Please ask for details.
1.6
Gifts
From time to time promotional free gifts may be
offered with goods. If acceptance of a
gift contravenes your policies or practices please let us
know and CompuSage
will not provide the free item.
1.7
Loss of Data/Software
It is your responsibility to backup your data and
software correctly in accordance with good business practice and to make a
backup copy
before any goods are installed or returned for repair or
replacement. CompuSage accepts no
responsibility for the loss or corruption of data or software.
1.8
Status
CompuSage may at its absolute discretion decline to
accept orders or to offer credit terms. This Contract shall be governed by the
laws of
England
,
and the Purchaser agrees to submit to the non-exclusive jurisdiction of the
English Courts. Telephone calls may be recorded for
training purposes
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