Terms and Conditions
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Tech-World Computers 54 Walmersley Rd Bury BL9 6DP Tel: 0871 230 3729 Fax: 0871 433 1944 E-Mail: Sales@tw-uk.com Website: www.tw-uk.com |
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Definitions:
The Company:
Tech-World Computers
54 Walmersley Rd
Bury
BL9 6DP
The buyer/customer:
The purchaser of computer components / services from Tech-World Computers.
Conditions:
General
Carriage fees are not included in any published prices. Prices are updated
periodically and are subject to change without notice. Carriage charges apply to
Great Britain mainland only. Extra charges will be levied to residents of
Northern Ireland, The Republic of Ireland, the Shetland Isles, The Isle of Man
and all other offshore regions of the UK not mentioned herein.
Except where the buyer is dealing as a consumer (as defined in the unfair
contract terms act 1977, section 12 ) all other warranties, conditions or terms
relating to fitness for purpose, merchantability or condition of the goods,
whether implied by Statute, Common Law or otherwise are excluded and the buyer
warrants that the buyer is satisfied as to the suitability of the goods for the
buyers purpose.
The Company does not accept responsibility for the loss of any software or data
stored on any system or storage media handed to the company for inspection,
repair, upgrade or other.
The Company does not accept responsibility for any failures to the buyer’s
components within its possession, unless these have been damaged by the Company.
The Company reserves the right to decline service to any company or consumer.
If any act or proceedings shall be commenced in which the buyers solvency is
concerned, all monies under any transaction covered by these Conditions shall
become immediately due and payable.
The Company reserves the right to levy charges for any of the following
services:
i) Inspection of any piece of computer equipment and installation / replacement
of either software or hardware.
ii) Use of credit / debit cards or rapid cheque clearance facilities.
iii) Diagnosis and testing of any problems encountered with any piece of
hardware or software.
iv) Recovery of any hardware or software problems and backup of any data when
requested by the customer.
The Company accepts the responsibility of incorrectly dispatched goods (i.e
goods not matching the specification displayed on the accompanying invoice) if
notified to, and agreed by, the Company within 7 working days of receipt. The
Company agrees to pay the return postage and dispatch charges of the correct
goods. The Company does not accept any consequential loss to the customer during
this period and offers no compensation for such.
In accordance with the Distance Selling Regulations, the following applies to
all mail order and E-Commerce contracts:
The buyer is entitled to return the goods within 7 working days for a refund
subject to the following:
i) It is reasonable for the buyer to open the outer packaging and inspect the
goods. It is not acceptable to break any seals on the accompanying software or
on the item itself.
Ii) Any software that forms a part of the goods (driver and software disks) if
unsealed by the buyer are exempt from the right to cancel and return the goods
under the Distance Selling Regulations. However, if the goods are not as
specified, advertised or faulty, then the buyer may still reject the goods under
The Sales of Goods Act.
iii) Computer Systems built to the customers individual specifications are
exempt from the right to cancel under the Distance Selling Regulations. This
does not include our pre-specified Computer Systems available directly from
stock.
iv) If the buyer properly rejects any of the goods in accordance with the
Distance Selling Regulations within 7 working days in writing, the buyer shall
nonetheless be responsible for the return cost of the goods.
v) If the returned goods received by the Company are not in a sellable 'as new'
condition, then the Company reserves the right to charge a restocking fee.
Whether goods are returned in a sellable condition is to be judged by the
Company.
The Company accepts no responsibility for any consequential loss caused to the
buyer for the receiving of faulty goods. Faulty goods received shall be dealt
with as outlined below.
Whilst every effort shall be made to keep any delivery date, time of delivery
shall not be of the essence. The Company shall not be liable for any
consequential loss incurred by the buyer or any other person or company arising
directly or indirectly out of any failure to meet any estimated delivery date.
Unless otherwise agreed the Company may deliver by instalments and in such case
each instalment shall be treated as a separate contact and any delay, default or
non-delivery in respect of any instalment by the Company shall not entitle the
buyer to cancel the remainder of the Contract.
Compatibility
Goods are not supplied on a trial basis. Customers are responsible for verifying
suitability and compatibility of equipment before purchasing it. All equipment
with variable configuration is supplied at a default configuration, unless
specified otherwise in writing or so requested. All software items supplied are
subject to Manufactures licensing agreement the seal must not be broken if the
conditions of the license are not acceptable.
Prices
All prices published by the Company do not include VAT @ 17.5% unless stated
otherwise. E & OE. Prices are subject to change without prior notice at the
discretion of the Company. All prices are subject to change without notice.
Unless otherwise agreed in writing, all orders are executed subject to prices
ruling at the date of dispatch and no price list of the company, whether
published or not, shall affect the right of the company to charge for goods in
accordance with this clause. In the event of any variation or suspension of
orders through the buyers' instructions or lack of instructions, prices may be
increased to cover any extra expenses thereby incurred by the company. Where
applicable value added tax will be charged at the rate applicable at the date of
invoice.
Credit Terms
Any contract shall be subject to the company being satisfied as to the buyers
credit worthiness and without generality to the foregoing. The company may, in
its absolute discretion having informed the buyer that the goods are ready for
delivery, refrain from delivering the goods until such time as the buyer renders
the purchase money to the company in a form satisfactory to the company.
Prospective customers wishing to open a credit account are requested to furnish
two trade references and one bankers reference. Until the opening of a credit
account has been confirmed delivery will not be made unless payment has been
received with order or made against the company's pro-forma invoice. In the case
of agreed credit account sales, payment is due in full on the terms of credit
agreed which shall be due no later than the agreed duration of credit from the
date of invoice (usually 30 days). Any failure to pay shall entitle the Company
at its option to treat the agreed credit account contract as repudiated by the
buyer or to delay the delivery of any outstanding goods until paid (in addition
to any other remedy). Also the Company reserves the right to charge 3% above the
National Westminster Bank PLC's base rate of interest on all aged invoices not
settled within the agreed terms of the buyers credit account.
Tech-World Computers reserve the right to alter the agreed status & payment
terms of any buyers account without agreement from or notice to the buyer and to
demand payment in full at any time.
Ownership of Goods
The Company remains the owner of all goods shipped to the buyer until the
Company has been paid in full.
If any payment due under these conditions is overdue in full or in part the
Company may, without prejudice to any of its other rights, recover and / or
resell all the goods or any part of them and may enter the buyers premises by
it's servants or agents to recover the goods and the buyer shall be liable for
all the Company's costs of so doing.
Warranty
The Company offers a one year Return To Base Warranty on all new products.
Refurbished items are sold with a 30-day warranty only. These items may be
second user, refurbished or discontinued stock. They may be missing drivers,
manuals, cables and accessories. Packaging, if supplied, may not be in new
condition. All items are tested working.
Should any products carry a manufacturer’s extended warranty period it is the
sole responsibility of the buyer to lease directly with the manufacturer of the
product for full details of the warranty agreement should it be found to be
faulty.
It is the responsibility of the buyer to return and collect goods to / from the
Company's premises (see definition for The Company).
All products advertised are subject to availability.
The Company reserves the right to charge carriage fees to the buyer in the
returning / dispatching of goods.
The Company gives no assurance as to the mutual compatibility of components sold
on any single invoice.
The company does not replace any faulty items in advance without first being
able to examine the faulty items for themselves
The company will repair or replace, at its discretion, faulty equipment, it will
be the customer's liability to pay carriage charges for returning goods to the
Company's premises
Damage caused to any returned goods which is due poor packaging is the
responsibility of the buyer.
Non UK Mainland The customer will be responsible for all carriage / customs
charges to get the defective equipment repaired / replaced under warranty.
Returned Goods
The Company cannot accept any returned goods found to fall into one or more of
the following categories:
i) The goods are in some way physically damaged by the buyer.
Ii) The warranty label is found to have been tampered with / torn.
iii) The goods are found not to have been sold to the customer by the Company.
iv) The goods are outside the 12-month warranty limit.
v) The goods do not have a corresponding RMA number displayed clearly on the
item(s). An RMA number must be obtained before any item is sent back to the
Company. The procedure for obtaining an RMA number can be found from the
company.
Goods received by the buyer that are found to be physically damaged by the
courier must be reported to the Company immediately. The maximum time allowed to
report physical damage is 72 hours. After 72 hours, any claims of physical
damage will not be accepted for refund or
replacement.
Upon return of goods found to be faulty, the Company offers the following
service:
To return a working replacement of equal or better specification to the customer
within 30 days from the commencement of the contract. If, after 30 days, a
replacement can not be sent for whatever reason, a full refund will be given if
requested at the current market value of the item. If this is not ascertainable,
then a refund will be given for the value of the nearest equivalent item.
With respect to items sold at the Sales Counter, the Company offers the
following services to buyers returning products:
Non-faulty items returned to our premises complete with packaging, manuals and
software disks within 7 working days of purchase may obtain a full refund. Goods
must be sellable as new in order to qualify for a full refund. Outside of 7
working days, non faulty items will not be refunded under any circumstances.
Faulty items returned within 30 days will be refunded or exchanged for an
identical product or nearest equivalent product. Over 30 days from the date of
purchase, faulty items will have to be returned to our suppliers which will take
a further 30 days. If, after 30 days, a replacement can not be obtained for
whatever reason, a full refund will be given if requested at the current market
value of the item. If this is not ascertainable, then a refund will be given for
the value of the nearest equivalent item.
Refurbished items are sold with a 30-day warranty only. These items may be
second user, refurbished or discontinued stock. They may be missing drivers,
manuals, cables and accessories. Packaging, if supplied, may not be in new
condition. All items are tested working.
Except as may be implied by law where the buyer is dealing as a consumer, in
event of any breach of these Conditions by the Company the remedies of the buyer
shall be limited to damages which shall in no circumstances exceed the price of
the goods and the Company shall under no circumstances be liable for any
indirect, incidental or consequential damages.
Force Majeure & Legal Construction
Unless otherwise agreed by the company in writing, these terms and conditions
are subject only to UK law.
The company shall not be liable for any delay in or failure to perform any of
its obligations hereunder if the delay or failure is due to causes outside the
reasonable control of the company.