STANDARD TERMS AND CONDITIONS OF TRADING – Last Amended September 2006
Definitions
‘Company ‘ means Binary-Box Computer Services
‘Customer’ means the Client of the Company.
‘Contract’ means any contract for the sale of Goods or Services by the Company to the Customer.
‘Goods or Services’ means any goods or services forming the subject of contract including and components of or parts incorporated in them
‘System’ or ‘System installation’ means a complete computer system installation of the main box unit housing the motherboard, CPU, memory & hard disk. (not laptops).
‘Hardware’ means any electronic components as part of the main case housing the motherboard also the keyboard, mouse and monitor.
Price
- Quoted prices are subject to change without notice. Before the order is placed the price will be confirmed and agreed between the company and the customer.
- Price lists and other advertising literature or materials used by the company are intended only as indications as to price and range of goods offered and no prices, descriptions or other particulars contained therein shall be binding on Binary-Box Computer Services.
- All prices quoted are inclusive of delivery within 5 miles from the centre of Peterborough , otherwise additional charges will be made unless agreed otherwise.
- VAT will be charged at the rate appropriate at the date of invoice, if and when the company becomes registered for V.A.T.
- Due to the volatile nature of component costs all prices quoted are valid for 14 days. Any change after this time will be confirmed to you before you place your order.
Payment
- The company will retain title to goods supplied until payment for those goods is received in full.
- A deposit of 50% or greater is to be paid upon receiving an order for a ‘system installation’, the balance to be paid immediately upon receipt of the goods. No order will be considered such until the due deposit is paid. On components, goods, and services supplied, 100% payment is required immediately upon completion or receipt of the goods. ‘Laptop machines and PDA devices’ or any other 'special order' component, full payment is required with order.
- Payment methods are: cash, bank electronic transfer and banker’s draft. Cheques are also accepted but must be submitted 4 working days prior to delivery to allow for clearance.
- Failure to make payment on the agreed date, then the company shall be entitled to cancel the contract or suspend any further services and remove goods not paid for in full.
- The company reserves the right to implement charges (including interest charges) on accounts beyond the credit terms.
- The company shall be entitled to charge £35.00 for all cheques represented, returned or dishonoured by its bank.
- Legal action through the courts to recover any outstanding amount will commence unless special credit arrangements have been agreed. Notice of such will be lodged with credit agencies for their future records.
Order
- The description of goods shall be that on the price list, quotation or final specification sheet.
- Where individual components are purchased for self-installation, the customer will be responsible for verifying their suitability and compatibility. They must also be aware of the requirements and his or her technical ability to carry out the task for which the component has been purchased, based on their existing computer installation.
- The company will not be liable for damage caused to any hardware and personal injury in whole or part caused by incorrect installation or the wrong choice of component/s.
- Under no circumstances shall the liability of the company under each contract exceed the price for each item and the company shall be under no liability whatsoever to the customer for any direct or indirect loss and/or expense (including loss of profit) suffered by the customer.
- Any order accepted by the company is not subjected to change or cancellation by the customer without the consent of the company and without reasonable notice being given to the company. A minimum of 20% of the value of goods as handling charge may be applied to orders changed or cancelled.
Delivery
- Delivery will be to the invoice address unless indicated to the company and agreed prior to despatch.
- While the company will use all reasonable endeavours to meet the delivery date, the company will not be liable for any loss or damage incurred by the customer as a result of any failure to deliver on such particular date. The delivery date is therefore not of any contractual effect.
- In the event of damage, delay or loss due to the mishandling in transportation, the customer shall deal directly with the common freight carrier.
- The customer shall instruct the company with shipping instructions, if no specific instructions are given, the company will select a reasonable delivery method to provide a timely delivery.
- The customer shall inspect the goods on delivery and shall within 24 hours notify the company of any alleged shortage in quantity, damage or failure to comply with description. If the customer fails to notify the company within such time then the goods shall be conclusively presumed to be in accordance with the contract.
Hardware Warranty
- The hardware warranty period is the time indicated from the date of delivery. Normally 12 months from the date of receipt, unless specified.
- A twelve month warranty is given to all ‘system installations’ and individual NEW hardware components sold by Binary-Box Computer Services.
- Laptop and PDA warranty is given directly by the manufacturer and will need to be sent back to the manufacturer directly as the customer’s expense.
- A one month warranty is given on all second user hardware components unless specified.
- The warranty will become INVALID IF ANY SECURITY LABELS ARE REMOVED.
- Under no circumstances are these labels to be removed within the warranty period. By removing these labels the customer agrees to forfeit the benefits of the warranty and it will be assumed that the main computer case containing the motherboard has been opened and tampered with.
- During the warranty period all goods will be repaired or replaced (at the companies discretion) free of charge if the fault has occurred through normal use due to electrical or mechanical breakdown of individual components.
- Warranty is void if goods are damaged in consequence of any act or neglect, abuse, misuse or accident by the customer and in particular of any mishandling or careless installation or connection of ancillaries.
- The company is not liable to repair or replace the defective goods until it has had an opportunity to examine them and under no circumstances will the company replace goods until all defective goods have been returned to the company.
- If during the period of the warranty a service call is made due to an apparent hardware failure and subsequently it transpires it is due in any way to software (including installation, a program setup or software conflict) or inexperience of the customer to run the software or operating system then the normal call-out charge of £35.00 will be charged in addition to the engineer’s time.
- If during the period of the hardware warranty the customer wishes to upgrade the system in any way, any work must be done by the company. Failure to do this will result in the hardware warranty becoming void. Standard rates for parts and labour apply which will be quoted on an individual basis.
Returns, Repairs & upgrades (NO FIX – NO FEE POLICY)
Any base system covered by our hardware warranty in (5) above is normally collected at the expense of the company and will be repaired or replaced within a reasonable time, normally within 2 working days for parts in stock, with no cost to the customer. Special order items are subject to availability, which is out of our control.
- ‘Systems’ that are ou t of warranty or ‘systems’ not originally built by the company may be subject to a charge to cover the cost for collection and delivery of the system back to the customer.
- The customer will not be charged (other than collection and delivery costs, if applicable) if we cannot fix the system hardware. If new replacement components are needed then we will inform the customer of the cost before proceeding at which point the customer will decide if he wishes to go ahead with the repair. If the customer does not wish to proceed he will only be charged for the engineer’s work carried out by the company to date..
- The company must be notified in writing of any suspected fault within one week of dispatch from the company. The customer MUST OBTAIN AN RMA NUMBER before sending back the perceived faulty product and complete a ‘Returns Report Form’ which can be emailed / faxed for completion.
- Where possible all items are tested prior to dispatch. We reserve the right to test any replacement goods before a refund or replacement is given.
- All returned goods must be complete in original packaging, including cables, manuals, driver CD’s etc. Observing anti-static precautions otherwise a replacement can not be considered.
- All returned goods must be adequately packed to prevent damage and must be have adequate insurance to cover further damage or loss by the carrier.
- ‘NO FIX NOT FEE’ policy refers to HARDWARE only and DOES NOT cover any software issues relating to the operating system or other installed software.
- Conditions shall in all respects be constructed and operate under English Law.
- All orders accepted by the company shall be subject to the company’s standard terms and conditions; your statutory rights are not affected.
