Whitebarn IT Services Limited
Terms and Conditions of Business
All orders and contracts for the sale of goods and services are accepted by WHITEBARN PC SERVICES LIMITED (‘the Company’) on these Terms and Conditions which supersede any previously published terms in this, or any other previously published or distributed document, or elsewhere.
1. Offers and Acceptance
No obligation can arise as a result of a contact, quotation or any other offer until the Company accepts an order from the person, company or other organisation with whom the sale or supply of products or services is conducted (‘the Purchaser).
In the event of any inconsistency between the Company’s and Purchaser’s terms and conditions, the Company’s terms and conditions of sale shall prevail unless, and until, both parties accept variation by express agreement in writing.
Where possible, order should be made using the Company’s order codes and/or other information requested of the Purchaser by the Company. Please make a note of your customer number and/or account number and quote them on all orders. Services are supplied as described in writing by the Company, unless they have been superseded by another service. Products are supplied to the Purchaser as they are supplied to the Company by the Manufacturer, unless they have been superseded by another product. Telephone orders for products or services will only be accepted on account when a purchase order number is given. Confirmation orders are not required, but if they are sent they must be marked ‘Confirmation Only’. Failure to mark written confirmation orders may result in duplicate deliveries, and in such case the Purchaser will be liable for the full purchase price, or alternatively, be subject to the Company’s returns procedures.
Prices and delivery for items covered by scheduled orders need to be made in writing and are strictly in accordance with the terms quoted by the Company and accepted by the Purchaser. Any variations in delivery requirements maybe subject to price alteration. The Purchaser will be liable for any stocks held against order at the end of the contract period.
Schedules will only be accepted when the sum total of products and services on order to the customer is greater than £50.
The Company reserves the right to alter prices at any time, without prior notice. In general, prices are reviewed every 3 months, at which time some prices may change. The price charged for all goods will normally be that ruling at the date of acceptance of the order. All prices are subject to Value Added Tax (VAT) at the relevant rate ruling on the date of dispatch and/or installation. If the installation is spread over a number of dates, the earliest date will be taken.
(a) All Orders payable upon demand, within 30 days of invoice date
(b) Terms of payment are strictly cash with order unless a credit account has been established with the Company.
(c) Where a credit account has been established with the Company, payment must be made within 30 days of each delivery, whether the goods or services delivered are the whole order or only part-order.
(d) The Company reserves the right to suspend deliveries where the payment is not received in accordance with paragraph (a) or (b) of this clause, or in accordance with any alternative arrangement which has been agreed in writing between the Company and the Purchaser. In such case, the Company reserves the right to charge interest on the unpaid amount from 30 days after the invoice date, at a rate of 5% above the current London Inter-Bank Borrowing Rate (LIBOR) per annum.
1. Back Orders
Any subsequent deliveries to complete an order will be dispatched as soon as the item becomes available. Charges are only made when goods are dispatched. The Company reserves the right to cancel any outstanding items in the event of unforeseen circumstances.
2. Order Cancellation
Cancellation of Purchasers’ orders can only be accepted after prior negotiation and agreement, but in any case within 30 days of dispatch. On no account can cancellation be accepted for items ordered specially on the Purchaser’s behalf. In the case of any default, the Purchaser shall be liable to compensate the Company for any partly finished products, stock, materials, services and tools held for the manufacture or supply of such goods.
If the Company agrees to accept cancellation, part-cancellation or return of an order for certain items, a charge of 20% of order value will be made, subject to a minimum charge of £10.
The Company reserves the rights to impose a back billing charge for part-cancellation if the reduction in quantity affects the unit price.
3. Non-delivery and Returns
No goods may be returned to the Company without prior written consent, unless they were sent in error by the Company or received by the Purchaser in damaged or faulty condition. The Purchaser shall give the Company reasonable opportunity to examine the goods in respect of which any claim for damages is made. If the Company agrees to accept the return, a charge of 20% total order value will be made, subject to a minimum charge of £10.
It is the Purchaser’s responsibility to ensure that returned goods are received in as-new condition. This includes all associated packaging and literature. Appropriate precautions must be taken by the Purchaser regarding the handling of any static-sensitive devices.
It is the Purchaser’s responsibility to refuse any damaged parcels or check that all goods conform to requirements as soon as it is practicable after delivery. Any error of dispatch, including omissions or damage in transit, must be notified within 10 days of receipt of the package.
Any queries regarding the non-delivery of goods should be made within 10 days of the expected dispatch date. The Company cannot accept liability for non-delivery if the Purchaser has failed to clearly identify the correct delivery address.
If the Company is not advised in accordance with specified notice periods relating to returns and non-delivery, as shown in the above paragraphs of this clause, it will be assumed that the Purchaser has examined the goods and accepted liability, in accordance with the contract. Notification of faulty goods must be made to the Company within 10 days of receipt.
The associated dispatch note must accompany all returned goods.
The Purchaser must notify the Company, within 10 days of receipt of a service, if they have not received what was ordered. The Purchaser shall give the Company reasonable opportunity to examine the service provided, and, at the absolute discretion of the Company, the service may be re-applied, or a credit may be given.
The Company will at its discretion, repair or replace a product, or re-apply a service, if, under proper use, and within 12 months of dispatch, defects appear due to faulty materials or workmanship. Alternatively, a refund of the purchase price may be given, or where the Company is owed sums by the Purchaser, a credit note may be issued. Acceptance of liability is at the discretion of the Company.
All products should be returned at the Purchaser’s risk, suitably packaged and carriage paid, within 12 months of dispatch, with an advice note stating the original invoice number relating to the product in question, and detailing the claimed defect.
Should any modification or attempted repair be made to the product, for whatever reason, this will invalidate the warranty. Any item added to the product by the purchaser should be removed before turn to the Company. If such products are turned, the Company will accept no liability for any item attached to or associated with any product returned under warranty. The Company will assume it is authorised to remove any attachments but will not be obliged to reconnect such items before returning the product to the Purchaser.
This warranty excludes, and no liability can be accepted for, consequential damage, loss or injury arising from defective products.
6. Risk and Ownership
Whilst the responsibility for the safe-keeping passes to the Purchaser upon the receipt of any goods, ownership does not pass until full payment is received by the Company.
The Company shall have no liability in respect of damage, expense of consequential loss arising from the failure or delay in delivery of in performance of any obligations under contract, due to any cause within or outside the Company’s control. Causes shall include, but not be limited to, act of God, fire, floods, war, civil disturbances, riots, act of Government, industrial disputes or failure by any subcontractor.
The Company ensures that every care and attention is given to the provision of correct information, whether technical or otherwise. However, no liability can be accepted by the Company for any expense or subsequencial loss arising from either the failure to provide information, or any statement made by the Company’s agents or representatives as to the specification of any product or suitability for a defined purpose, unless that information is confirmed in writing.
The Company shall have a general lien in respect of all sums due from the Purchaser upon all goods to be supplied, or upon which work has been done on the Purchaser’s behalf, and twenty-eight days from written notice to the Purchaser, may sell such goods and apply the proceeds towards the satisfaction of the sums due to the Company.
9. Patents and Copyright
Products offered for sale by the Company may be the subject of patents or other such protectable devices. The Company maintains full copyright in respect of any documentation produced by the Company, and its whole or partial reproduction without the Company’s consent is prohibited.
10. Illustrations, Specifications and Product Information
Whilst every effort is made to maintain accuracy, no liability can be accepted by the Company for any errors or omissions in supplying any technical information.
No illustration or specification should be taken to represent the manufacturer or source of origin.
The company reserves the right, without prior notice, to discontinue or supersede any product as part of its continuous programme of product improvement. It is the Purchaser’s responsibility to ensure that all products are suitable and fit the purpose or their intended application.
11. Termination of Contract
If the Purchaser commits any breach of these terms and conditions of business, or becomes insolvent or commits an act of bankruptcy, or enters into any arrangement with his creditors or goes, or it put, into liquidation (other than solely for the purposes of reconstruction whilst solvent), or if a receiver is appointed over any part of the Purchaser’s business, the Company may, without prejudice to any rights which may accrue, terminate the contract summarily by notice in writing.
Any question relating to any contract subsequent to these terms and conditions of business, or agreed amendment to same, shall be determined in all respects by English law