Terms
& Conditions - the business!
1.
General
1.1. These Conditions
shall supersede all earlier conditions of NePCS.
1.2. These conditions shall take precedence over any conditions of the
Customer and shall not be varied without the written consent of NePCS
2.
Definitions
2.1. "NePCS" means Northeast Personal Computer Services.
2.2. "Customer" means the person, firm or company buying or
agreeing to buy goods and services from NePCS.
2.3. "Price Paid" means the price paid by the Customer for
the Product including delivery and installation. The Price Paid is stated
on the Order Confirmation.
2.4. "Order Confirmation" means the acknowledgement of the
Customer's order sent to the Customer by NePCS.
2.5. "Product" means any computer components supplied to the
Customer by NePCS.
3.
Prices and Ordering
3.1. Unless otherwise stated all prices are inclusive of VAT at the
prevalent rate, delivery and installation.
3.2. The price payable by the Customer will be the price current at
the date of the order.
3.3. Orders are accepted by email or telephone. Orders are only binding
when the customer receives an Order Confirmation in writing. Please
check the Order Confirmation carefully and notify NePCS of any mistakes
at once, or the Order Confirmation will apply.
4.
Payment
4.1. A 10% deposit
is payable by the customer on agreement with the Order Confirmation.
4.2. The 10% deposit may be waived at the discretion of NePCS
4.3. Payment of the balance is due on demand and in any event must be
made within 30 days of the invoice date.
5.
Delivery
5.1. Any delivery date stated is only a warranty by NePCS to use reasonable
endeavours to effect delivery by that date. No liability will be accepted
by NePCS for failure to meet a stated delivery date.
5.2. Delivery and installation is included in price for orders within
a 15 mile radius of Whitley Bay, Tyne & Wear
5.3. Delivery and installation for orders over 15 mile radius of Whitley
Bay, Tyne & Wear will be added to total cost of order, to be agreed
by customer prior to order acceptance.
5.4. Deliveries made by carrier will charged at the prevalent rate and
installation is not included.
6.
Consumer Rights
6.1. If you are a consumer (a private person buying for their personal
use) then you may cancel your purchase at any time within 7 days of
receipt and we will give you a refund of the Price Paid. You must inform
NePCS in writing and return the Products to us immediately in the same
condition you received them, at your own cost and risk.
6.2. If a system has been assembled by NePCS to the consumer's specification,
or the consumer has assembled or tried to assemble any of the goods,
then clause 6.1 does not apply.
6.3. If a customer wishes to return Products not covered by clause 6.1
then such Products will be accepted at the discretion of NePCS. The
customer must obtain a RMA number from CCL and quote this when returning
the goods. The customer will be credited with the current market price.
7.
Guarantee
7.1. If within 12 months of being delivered a defect in any Product
is discovered which is directly due to faulty goods or workmanship then
NePCS shall at its option repair or replace the Product free of charge
for labour and materials.
7.2. A Product covered by a direct warranty from the manufacturer is
not covered by this guarantee. The Customer will receive a warranty
direct from the manufacturer and should claim under this warranty.
7.3. The Customer should advise the return the Product, in its original
packaging, to NePCS by email.
7.4. This clause does not affect your statutory rights.
8.
Limitation of Liability
8.1. NePCS accepts liability for any private property loss or damage,
death or personal injury caused directly by the negligence or deliberate
misconduct of NePCS or its employees. Except for death or personal injury,
this liability shall be limited to the Price Paid.
8.2. NePCS shall not be liable for any financial consequential indirect
or other losses suffered by the Customer or any third party whether
such loss arises in contract or tort or in any other way.
9.
Uncontrollable Events and Delays
9.1. In case of delays caused by circumstances beyond the control of
NePCS or its suppliers, NePCS shall have the right to either suspend
delivery or to cancel the contract without liability.
9.2. Examples of Uncontrollable Events are (by way of example and not
limited to) strike, lockout, riot, revolution, war, epidemic, working
difficulties, transportation difficulties, fire, and failure of suppliers
or official regulations.
10.
Customers Obligations
10.1. You must provide reasonable courtesy information and co-operation
to NePCS.
11.
Title and Risk
11.1. Until full payment has been received by NePCS for all Products
whatsoever, supplied at any time by NePCS to the Customer: -
11.1.1. property of the Products shall remain in NePCS;
11.1.2. the Customer shall store the Products in such a way that they
can be readily identified as being the property of NePCS, and at all
times in accordance with NePCS recommendations;
11.1.3. subject to 11.1.4 and 11.1.5 below the Customer shall be at
liberty in its own name (but not on behalf of or in the name of NePCS)
to sell the Products in the ordinary course of business, on the basis
that any proceeds of sale shall be the property of and be held on trust
for NePCS;
11.1.4. NePCS may at any time suspend or revoke the Customers power
of sale by notice in writing to the Customer if the Customer is in default
for longer than 14 days in payment of any sum whatsoever due to NePCS
or if any Bill of Exchange, cheque or other negotiable instrument drawn
or accepted or endorsed by the Customer is dishonoured on presentation
for payment;
11.1.5. the Customer's power of sale will automatically determine if
a Receiver is appointed over any of the assets or the undertaking of
the Consumer or a winding up order is made against the Consumer or the
Consumer goes into voluntary liquidation (otherwise than for the purpose
of reconstruction or amalgamation) or causes a meeting of, or makes
any arrangement or composition with creditors or commits any act of
bankruptcy;
11.1.6. upon revocation of the power of sale under clauses 11.1.4 and
11.1.5 above the Customer shall place the Products at the disposal of
NePCS, who shall be entitled to enter upon any premises of the Customer
for the purposes of removing the Products from the premises.
12.
Miscellaneous
12.1. If any part of these Terms and Conditions are found to be invalid
or unenforceable by a court the rest are unaffected.