APEXIS (ICT) LTD - TERMS AND CONDITIONS OF SALE
Orders are only accepted subject to the Terms & Conditions set out
below. In the event of a Client’s order form containing further
printed conditions ApexIS will only accept the order for the goods
on the understanding that those conditions do not take precedence.
Definitions
1. The following terms and conditions apply to every quotation and
to any subsequent supply of goods and services made by ApexIS
(ICT) Ltd Apex House Little Common Road Bexhill-on-Sea East Sussex
TN39 4SB ("the Company") to the client whose name and address is
given elsewhere in this specification/quotation or agreement ("the
Client").
2. Quality
Software Licensing Regulations
1. The Client undertakes to comply strictly with any license
requirements on software supplied by the supplier that are imposed
by the supplier or any third party from whom the software has been
originally licensed.
2. Programs from third parties are supplied by The Company
according to the manufacturer's specification.
3. It is the Client's responsibility to confirm that all programs,
whether manufactured by The Company or by Third Parties, suit the
Client's purposes prior to purchasing them.
4. The Company accept no liability for any loss or damage (whether
consequential, economic or otherwise) from a failure on the part
of the Client to adhere to the licensing requirements of any
software.
5. The Client hereby agrees to reimburse or refund any costs,
legal expenses or damages incurred by The Company by reason of the
Client’s failure, intentional or otherwise, to adhere to the
licensing requirements of any software.
6. Programs designed and manufactured by The Company are only
warranted to work according to their specification provided that
the Client strictly complies with any instructions from The
Company and that the use or operation of any such software is not
hampered by third parties or unauthorised installation.
Data Security
1. It is the Client's responsibility to ensure that adequate
backup copies of system, program and data files are taken. ApexIS
may advise on the frequency and method of such backing up, but
will not take any responsibility for any problems arising from
inadequate backup process or availability.
2. It is the Client's responsibility to ensure that power supplied
to the computer and ancillary equipment is of a stable nature and
not subject to interference from other electrical or electronic
equipment. The Company cannot be held responsible for any loss or
damage resulting from an insufficient or unstable power supply.
Price
1. Prices charged will be those valid on the date of dispatch,
supply or installation of order unless a written quotation to the
Client is in force at the time, in which case the quoted price
will take precedence.
2. Prices quoted are exclusive of Value Added Tax.
Quotations
1. Any information contained in any printed or written material
from The Company is to the best of our knowledge, accurate at the
time. The Company do not accept responsibility for any damage,
injury, loss (consequential, economic or otherwise) or expense
howsoever caused resulting from any errors or omissions.
2. Quotations remain valid for a period of 30 days from the
quotation date, or for any longer period which may be stated in
writing.
3. Delivery
Late Delivery
Whilst the Company will use its best endeavours to deliver the
Goods in accordance with the Client’s requirements, the Company
will not be liable for any consequences of late delivery howsoever
caused..
Loss or Damage in Transit or Non Delivery
The Client shall examine the Goods immediately they are delivered
to him and notify the Company immediately of any shortages/damage.
The Company reserves the right to reject claims in respect of
shortages or damage in transit or non-delivery of the Goods, or in
the case of non-delivery 8 hours after the due date for delivery.
Cancellation
1. Cancellation of orders is not accepted other than by prior
written agreement.
2. Any agreed cancellation may be subject to a cancellation charge
up to 50% of the total contract price plus any disbursements or
monies paid out on behalf of the Client in pursuance of an order.
Risk and property/retention of title
1. After delivery of the goods to the Client and pending payment,
the Client shall hold the goods as the bailee for The Company at
the Clients risk, and The Company shall always be entitled to call
for the return or payment in cases such as loss, damage, etc.
2. Ownership of the goods sold on the invoice does not pass to the
Client until The Company has received payment in full for the
goods and if the Client purports to sell the goods before payment,
the proceeds from the sale shall belong to The Company until
payment in full for the goods has been received by The Company.
3. The Company reserves the right to enter any premises, including
premises belonging to third parties, to recover goods that remain
the property of The Company.
Terms of payment
1. Credit terms for account customers are subject to satisfactory
references with payment being due strictly within 30 days of the
date of invoice.
2. Payment for supplies and services is required on delivery or
installation unless an account with The Company has been opened
and accepted by The Company in advance.
3. Where equipment is purchased on a leasing plan the Company will
require confirmation of funding from the leasing company before
any equipment can be supplied.
4. All orders are to be paid 50% plus VAT with Order, 50% plus VAT
on delivery of goods. Additional labour and services will be
invoiced on an on-going basis.
5. Any order in excess of £ 5000 that is on a ‘supply only’ is to
be paid by either
a) ‘Cash with Order’ whereby payment is received with written
order; or
b) ‘Cash on Delivery’ where it has been previously agreed that
payment will be collected on delivery. Goods will not be left
unless payment is received.
6. Payment terms for new business and orders deemed by The Company
as major projects will be quoted on an individual basis.
Time limit for raising disputes
Any disputes arising from invoices received are to be notified to
the Accounts Department within 7 days of date of invoice.
Right to interest and compensation for debt recovery costs
1. The Company reserve the right to charge interest on overdue
accounts at the annual rate of 4% over the daily base rate of
NatWest bank plc from the due date of payment to the receipt of
payment.
2. Force majeure
Neither party shall be liable for any delay or failure to perform
any of its obligations if the delay or failure results from events
or circumstances outside its reasonable control, including but not
limited to acts of God, strikes, lock outs, accidents, war, fire,
the act or omission of government, highway authorities or any
telecommunications carrier, operator or administration or other
competent authority, or the delay or failure in manufacture,
production, or supply by third parties of equipment or services,
and the party shall be entitled to a reasonable extension of its
obligations after notifying the other party of the nature and
extent of such events.
Warranties and liability
1. Goods supplied by The Company will be subject to the
manufacturers’ warranty, however, it is always recommended that
the Client purchase a Hardware and/or Software Maintenance
contract in addition to any warranty.
2. The Company shall not be under any liability for any damage or
loss (whether consequential, financial or otherwise) arising or
said to arise from the use of any products sold by The Company.
Where goods (whether software or hardware) are supplied by The
Company and are used in conjunction with goods supplied by a third
party, The Company responsibility shall be limited solely to the
correct working and functioning of the goods it has supplied.
3. The Company shall not be under any liability whether in
contract, tort or otherwise and whether or not resulting from our
negligence or that of our employees, servants or agents, in
respect of goods delivered or for any damage or loss resulting
from use of goods.
Limitation of Liability
1. Except in respect of death or personal injury due to negligence
for which no limit applies, the entire liability of the Supplier
to the Customer in respect of any claim whatsoever or breach of
this Agreement, whether or not arising out of negligence, shall be
limited to the price paid by the Customer to which the claim
relates.
2. In no event shall the Supplier be liable to the Customer for
any loss of business, loss of opportunity or loss of profits or
for any other indirect or consequential loss or damage whatsoever.
This shall apply even where such a loss was reasonably foreseeable
or the Supplier had been made aware of the possibility of the
Customer incurring such a loss.
3. Nothing in these Terms and Conditions shall exclude or limit
the Supplier’s liability for death or personal injury resulting
from the Supplier’s negligence or that of its employees, agents or
sub-contractors.
Miscellaneous
1. The parties intend that no term of this agreement may be
enforced by a Third Party pursuant to the Contracts (Rights of
Third Parties) Act 1999.
2. The Client warrants that it shall not engage, employ or
otherwise make use of any employee, representative or agent of The
Company whether independent or otherwise during the life of this
Agreement or within a period of 12 month following termination of
this Agreement. Should such a person be engaged, employed or
otherwise used by the Client, the Client shall make payment to The
Company a placement fee equivalent to 12 months remuneration, or a
such fee as is likely (in The Company’s opinion) to be the
equivalent thereto.
By accepting delivery of the goods you have agreed to abide by the
Terms and Conditions contained herein.
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