TERMS AND CONDITIONS OF SERVICE.
1. GENERAL
1.1 These Conditions or an updated version issued by Anglesey Computer
Solutions (“we/us”) shall apply to all contracts for the provision of
Work by us to the customer (“you”) to the exclusion of all other
terms and conditions including any terms or conditions which you may
purport to apply under any purchase order, confirmation of order or
similar document. The customer shall mean the company, firm, person,
corporation or public authorities engaging us to provide Work for a
price ("the Price"). Where the context so permits, "Work" shall
include goods supplied as well as services provided by us and
“Equipment”
shall include equipment supplied by us or your equipment in which we
have supplied and installed a part.
1.2 Unless the context otherwise requires, references to the singular
include the plural and references to the masculine include the
feminine and neuter genders and vice versa. The headings in these
Conditions are inserted for convenience only and shall not affect
their construction.
1.3 Any variation to these Conditions shall be inapplicable unless it
is agreed in writing by the proprietor of Anglesey Computer Solutions.
1.4 The Contract shall in all respects be governed by and construed
and interpreted in accordance with the laws of England and Wales and
the parties hereby submit to the exclusive jurisdiction of the English
and Welsh Courts.
2. ANGLESEY WARRANTY
Within 30 days from the date when our Work has been completed, we
promise to repair any faulty Work supplied by us at free cost to you
subject to the conditions in this clause. If we carry out the original
Work at your premises or collect or deliver the Equipment at or from
your premises, we shall do the same at free cost. If otherwise, you
are responsible to bring and collect the Equipment to and from our
address. Should we fail to repair the fault, we promise to refund the
relevant part of the Price which has been paid by you. This Warranty
is given in addition to your Statutory Rights as a consumer and
shall not affect your Statutory Rights.
2.1. What is not covered:
i. Problems which can be resolved by soft ware programming.
ii. This Warranty shall be void if
• The computer case has been opened or our security seals, if any,
have been tampered with or the replacement part has been handled,
tampered with or removed in whatsoever manner by any person other than
our
employee without our prior written permission.
• If hardware repairs, alteration, modification or interference in any
way has been carried out to the Equipment by any person other than our
employee.
• The Equipment has been misused.
• You have parted with the possession of the Equipment either by
lending or transfer.
• You have not followed or executed the Supplier’s instructions or our
advice given to you under the contract for the Work (‘the Contract’)
• You have not paid any payment under the Contract.
2.2. Conditions:
i. You must report the fault and if appropriate return the Equipment
to us as soon as practicable and within 30 days after we have
completed the Work. It is your sole responsibility to ensure that we
receive
any returned Equipment.
ii.If this Warranty is void, the scope of repair is not covered by
this Warranty or our Work is not proven to be faulty, you shall be
responsible to pay for our testing and labour charge inclusive of any
call out charge. It is therefore important that you make sure that you
used and tested the Equipment carefully but without repairing the
hardware yourself before invoking this Warranty.
3. OTHER WARRANTIES
We offer a one year return to base warranty on all new products.
Should any product carry a manufacturer’s warranty it is your sole
responsibility to liaise directly with the manufacturer in respect of
such
warranty.
4. PRICE & PAYMENT
4.1 Unless otherwise agreed in writing, when a custom built personal
computer is ordered, the payment terms shall be 65% of the Price as a
non-refundable deposit when you place an order then the balance of
35% shall be payable on delivery or collection.
4.2 Payment for the Price plus any applicable taxes and/or duties
shall be due in accordance with the payment terms as above or
otherwise agreed between the parties. Time for payment shall be of the
essence.
If you have failed to make any payment in accordance with the
Contract, the relevant provisions under Clauses 9 & 11 below shall
apply. Interest on overdue payments shall accrue after as well as
before any
judgment from the date when the payment becomes due until the date of
payment at a rate of 1.5% per calendar month or part calendar month.
Further, you shall indemnify us in full all our reasonable
administrative and legal costs of recovering overdue payments. As an
indication, each reminder and debt recovery letter issued by us will
be charged at £15 each.
4.3 Adjustments and testing are sometimes required after the
completion of the major part of the Work. You have no right to
withhold any payment under the Contract for the reason that such
adjustments and
testing are outstanding.
5. WORK WITH COMPUTER GENERAL CONDITIONS
5.1 We accept no liability or responsibility for any data lost it is
therefore recommended that you should back up all data before we carry
out any work.
5.2 We have experienced situations where customers’ equipment has
already been infected by a virus before we commence the Work. We will
take all reasonable care when we carry out the Work and before
returning the Equipment, we normally carry out a virus scan. You
acknowledge that we shall not be held responsible for any virus
transmitted during the Work performed by us and that some viruses may
escape
our detection. It is your responsibility to ensure that you have
adequate anti-virus protection.
5.3 You acknowledge that some applications and/or programs may not
function properly as they did before the service, upgrade, repair or
other Work performed by us due to the installation of various software
or hardware components.
5.4 Due to the intermittent nature of some hardware faults, the
complete resolution of problems or issues cannot be guaranteed.
5.5 We only service, repair or upgrade computers with Windows
operating system and an AMD or Intel processor.
6. WRITE OFF
6.1 If a customer’s equipment is, in our opinion, beyond repair, we
have full discretion to refuse your order. Under such circumstances,
you are responsible to pay our testing charge. If you buy new
equipment from us within 3 months after this testing charge has been
raised, we shall offer you a 7.5% discount on the list price of the
equipment to the maximum of the value of the mentioned testing charge.
This discount offer shall not be used in conjunction with other
discount or special offers.
6.2 On your request, we may issue our write off certificate at our
absolute discretion. We may also issue conditional write off
certificate when part of the equipment may be usable. We are entitled
to charge
£25 for each write off certificate issued.
7. DELIVERY & COMPLETION
7.1 Unless otherwise has been specifically agreed in writing, time for
completion of the Work is given in good faith as an indication and is
not of the essence. You shall have no right to damage or to cancel
the Contract for failure for whatever cause to meet any completion
time stated.
7.2 The Work shall be regarded as substantially completed even if some
adjustments and testing stated in Clause 4.3 remain outstanding.
7.3 The risk in the goods shall pass to you upon our delivery or your
collection.
7.4 Unless otherwise agreed, we may deliver or complete the Work by
instalments and in such cases each instalment shall be treated as a
separate contract and any delay, default or non-delivery in respect of
any instalment shall not entitle you to cancel the remainder or the
initial contract.
7.5 If you fail to collect or take delivery of any equipment or goods
within 45 days after we have notified you to collect the same or we
have attempted to make delivery to you, we shall, without prejudice
to our other rights in the Contract, dispose of the equipment or goods
at our absolute discretion and we may charge you a disposal fee.
7.6 We shall dispose of any faulty or replaced part unless you have
instructed us otherwise before or when you place your order with us.
8. FORCE MAJEURE
8.1 We shall not be liable to you for any loss or damage which may be
suffered by you as a direct or indirect result of the duties and/or
obligations of us being prevented, hindered, delayed or rendered
uneconomic by reason of any Force Majeure Circumstances.
8.2 In these Conditions "Force Majeure Circumstances" shall mean any
act of God, war, riot, strike, industrial action, accident, breakdown
of plant or machinery, fire, flood, storm, difficulty or increased
expense in obtaining materials or transport or other circumstances
beyond our reasonable control.
8.3 If any delay shall continue for a period of 30 days we shall be
entitled to terminate the agreement by giving written notice to you.
We shall continue to be entitled to all Price and disbursements
incurred only up to the date of such a termination.
9. INSOLVENCY AND NONPAYMENT ETC.
If you fails to make any payment in accordance with the Contract or
commits any material breach of the Contract or if any petition in
bankruptcy/winding up is presented against you or if a receiver
administrative receiver or manager shall be appointed over the whole
or any part of your business or assets, we may in our absolute
discretion and without prejudice to any other rights which we may have
suspend all future Work or terminate the Contract without liability
upon our part.
10. INFORMATlON
You shall supply at free cost to us promptly all information,
materials and necessary software which are required for the
performance of the Work. We shall be entitled to reasonable extension
of time to
carry out the Work or terminate the Contract for any delay in such
supplies. It is the sole responsibility of you to ensure the accuracy
of the information and materials provided and that the uses of them
are lawful.
11. PROPERTY
In spite of any delivery having been made, property in the goods and
Work supplied shall not pass from us until:
(i) You shall have paid the Price plus related tax in full; and
(ii) No other sums whatever shall be due from you to us.
12. SCOPE OF LIABILITY
12.1 Unless otherwise is agreed in writing by the parties, we shall be
under no liability whatever to you for any indirect loss and/or
expense (including loss of profit) suffered by you arising out of a
breach by us of the Contract. Under no circumstances shall the
liability of us exceed the Price.
12.2 Nothing in the Contract shall restrict or exclude liability for
death or personal injury caused by the negligence of us or affect the
statutory rights of a Client dealing as consumer.
13. MODIFICATIONS
13.1 Our policy is one of continuous improvement and the right is
therefore reserved for us to make modifications to the Work for
improvement or compliance with relevant laws and regulations.
13.2 We shall wherever possible try to make exact replacements of any
part when necessary. If for any reason it is not possible to make an
exact replacement we shall be entitled to replace any part with a
part of a similar or better design or capability. We may occasionally
use refurbished/reconditioned second hand parts.
14. INVALIDITY OF PART OF THE AGREEMENT
If any part of this Contract is held to be a violation of any
applicable law, statute or regulation, it shall be deemed to be
deleted from this Contract and shall be of no force and effect and
this Contract
shall remain in full force and effect as if that part had not
originally been contained in these Conditions.
15. ASSIGNMENT & SUBCONTRACT
You shall not assign any part of the Contract without the prior
written consent of us. We shall be entitled to sub-contract part of
the Agreement to a third party.
16. WEBSITES
16.1 Anglesey Computer Solutions owns the copyright to all websites
designed by them unless written change of ownership has been provided
by Anglesey Computer Solutions
16.2 Anglesey Computer Solutions will place an advertisment at the
bottom of every Webpage they design, and a Hyperlink back to their
Website.
16.3 Anglesey Computer Solutions will place a link to all Websites
designed by Anglesey Computer Solutions,on their Satisfied customers
Webpage
17. E-MAIL
17.1 By supplying Anglesey Computer Solutions with your E-mail
address, it is acknowledged that you give permission for Anglesey
Computer Solutions to contact you, via E-mail.
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I/we have received, read and understood Anglesey Computer Solutions
pricing policy, furthermore by signing this agreement I/we agree to
pay Anglesey Computer Solutions the full amount shown on their invoice
immediately on production of the said invoice.