INTERPRETATION 1.1 In these conditions 'BUYER' means the Asset I.T. member who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller. `GOODS' means the Goods (including any instalment of the Goods or any parts for them) which the Seller is to supply in accordance with these Conditions `SELLER' means Asset I.T. whose office is at:
`CONDITIONS' means the standard terms and conditions of sale set out in this document and including any special terms and conditions agreed in writing between the Buyer and the Seller. `CONTRACT' means the contract for the purchase and sale of the Goods. `WRITING' includes facsimile transmission, electronic mail and comparable means of communication.
1.2 Any reference in the Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. 1.3 The headings in these conditions are for convenience only and shall not affect their interpretation.
2. CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS 2000 2.1 The Buyer is entitled to cancel the contract with the Seller up to 7 business days from the date after receipt of the Goods. The Buyer is under a duty to restore Goods to the Seller and in the mean time take reasonable care of them. The consumer must pay for the safe return of the Goods to the Seller, where the Buyer does not return the Goods then the Buyer must pay the Seller all reasonable charges to recover them. 2.2 The Seller may deduct the cost of collecting the Goods from any refund if the Buyer fails to return the Goods. 2.3 The contract may only be cancelled in writing, either by email, fax or letter, a telephone call is not enough. 2.4 Where a consumer exercises the right to cancel under the cooling off period, the Goods should be returned or be available for collection within 5 days of the notice being given. 2.5 Where the Seller has dispatched Goods to the Buyer but the Goods are not delivered (due to the Buyer either refusing to accept or not be available to take delivery) then the Seller shall refund the cost of the Goods minus any reasonable charges in recovering the Goods.
3. ORDERS AND SPECIFICATIONS 3.1 No order by the Buyer shall be deemed as accepted by the Seller unless payment has been taken.
3.2 We currently only accept orders within the United Kingdom. 3.3 The quantity, quality and description of and any specification for the Goods shall be those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller) 3.4 Any order that has been accepted by the Seller may be cancelled before delivery or after delivery under the Distance Selling Regulations. Cancellations must be made in writing by fax, email, or writing to our office. Notification by phone is not sufficient. 3.5 Any amendments or cancellations to orders must be received in writing by either email or fax. If no written confirmation is received then no changes will be made to the order and Goods will be delivered as per the order. 3.6 Orders placed before 4:00pm on a business day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available.
4. PRICE OF GOODS 4.1 The price of the Goods shall be the Sellers quoted price on the website. Buyers shall make an offer to purchase the Goods from the Seller by placing an order on the website. This offer to purchase does not constitute the Sellers acceptance to supply the Goods at the price shown. The contract shall be made at the point where the Seller takes a payment from the Buyer in total. Where there are delays in taking payment the price of the Goods cannot be guaranteed. The Seller will notify the Buyer within 48 hours if the offer to purchase is not accepted. 4.2 Except as otherwise stated under the terms of any quotation or in any price list of the Seller, and unless otherwise agreed in Writing between the Buyer and the Seller, all prices are given by the Seller on an ex works basis, and where the Seller agrees to deliver the Goods otherwise than at the Seller's premises, the Buyer shall be liable to pay the Seller's charges for the transport, packaging and insurance.
5. TERMS OF PAYMENT 5.1 Payment for the Goods and delivery charges can be made by any method shown on the Seller's website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be of the essence. 5.2 There will be no delivery until cleared funds are received.
6.CREDIT POLICY
6.1 The Seller’s standard terms for payment are cleared funds only. Accounts with outstanding balances will be placed on credit hold. This means that no further Goods will be shipped and all support and repair/warranty services withdrawn until the account is brought into order.This can only be altered with the written agreement of the Seller’s management.All orders will be subject to our in-house security procedures and only upon verified checks will these orders be dispatched.This will apply to all new customers and existing customers should we feel it necessary.
7. DELIVERY 7.1 The Goods you order will be delivered to the address you give when you place your order, except that deliveries are not made outside the United Kingdom. 7.2 Orders placed before 4:00pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
7.3 The Seller shall make delivery of the Goods to the Buyer as agreed. 7.4 Every effort will be made to deliver the Goods as soon as possible after your order has been accepted. Goods will be despatched on a cleared funds basis so delivery may take up to 7 days, longer if additional security checks are required or there is a stock shortage. Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods however caused. The Seller will not be liable for any loss or damage suffered by the Buyer through reasonable or unavoidable delay in delivery. In this case, the Seller will inform you as soon as possible. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the quoted delivery date.
7.5 If we cannot deliver within 28 days you will be offered the option of cancelling the order or agreeing another date with us. Any monies paid by you will be refunded in full if you prefer to cancel the order. 7.6 The Seller may elect to deliver the Goods on different days by different couriers. The Seller in the interests of convenience to the Buyer will keep these instances to a minimum.
7.7 The Buyer shall examine the Goods immediately that the Goods are delivered. Upon receipt of your order you will be asked to sign for the Goods received in good condition. If you are unable to check the contents of the package at that moment in time please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.
7.8 Should work be suspended at the request of or delayed through any fault of the Buyer for a period of 30 days the Seller shall then be entitled to charge for additional costs including storage. If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may: 7.8.1 store the Goods until actual delivery and charge the Buyer for reasonable costs includingwork already carried out, materials specially ordered, insurance, storage; or 7.8.2 sell the Goods at the best readily available price and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract. 7.9 The Goods shall be delivered to the Buyer at the Buyer’s address. The risk on the Goods passes to the Buyer upon delivery.
7.10 An extra charge will be levied to cover any extra insurance costs. A charge will be made to cover any extra costs for delivery to a different address.
7.11 Should expedited delivery be agreed an extra cost may be charged to cover any overtime or any other additional costs involved.
7.12 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Seller shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the Goods, less the cost of return (including the cost of collection where relevant).
8. RISK/TITLE 8.1 The Goods are at your risk from the time of delivery. 8.2 The Seller and the Buyer expressly agree that until the Seller has been paid in full ownership of the Goods shall not pass to the Buyer or any associated or subsidiary or holding of the Buyer or from any director or shareholder of the Buyer or any other such Buyer. The Goods shall remain the property of the Seller until the Seller has received in full (in cash or cleared funds) all sums due to it in respect of: 8.2.1 the Goods, and 8.2.2 all other sums which are or which become due to the Seller from you on any account. 8.3 The Seller shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Seller.
8.4 At any time the Buyer may recover from the Buyer the unpaid Goods remaining in the Buyers possession and for the purposes thereof may enter upon any premises of or occupied by the Buyer or any third party (with the consent of that third party).
9. WARRANTIES AND LIABILITY 9.1 All new Goods purchased will be supplied with a 12 month guarantee. The Seller guarantees to the Buyer that new Goods will be free from defects caused by faulty materials or poor workmanship,but specifically not from defects arising from Year 2000 compliance. In cases where the manufacturer has set up a direct warranty relationship with the End User then that procedure will be applied. Second User Goods will carry a 30 day warranty or the period stated on the sales order or sales invoice from the date of delivery.
9.2 The Buyer should notify the Seller of any physical damage or defect or specification error (whether or not delivery is refused by the Buyer) in writing via the email address or fax number or mail address shown below within 7 business days from the date of delivery. If delivery is not refused and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract. * We urge our customers to sign for Goods as "contents not checked" * if it is not possible to check the Goods whilst in the presence of the delivery driver.
9.4 In the event that the manufacturer replacing or repairing the Goods and the Seller receiving these Goods back from the manufacturer, the Seller shall immediately despatch those Goods at his own cost to the Buyer. 9.5 The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, misuse or alteration of the Goods without the Seller’s approval. 9.6 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or refund to the Buyer the price of the Goods (or a proportionate price of the Goods), but the Seller shall have no further liability to the Buyer. Where a replacement unit is available a refund will be offered within 30 days. Where a refund is requested the item(s) must be returned to the Seller within 14 days.
9.7 Examination by the Buyer of such Goods shall disclose to its satisfaction that such defects exist and have not been caused by misuse, neglect, accident, improper storage, installation or handling, or by repair or alteration not effected by the Buyer.
In the case of a consumer transaction this condition shall not affect the statutory rights of the Buyer.
9.8 The Seller’s liability to the Buyer in either contract shall not extend either under this condition or any other provision or in any circumstances at all to indirect or consequential loss or damage or loss of profits sustained by the Buyer. This does not affect consumers’ statutory rights.
9.9 The Seller does not provide a warranty for second hand laptop batteries.
10. RETURNS/CANCELLATION 10.1 You have the right to cancel the contract at any time up to the end of 7 working days from the day after you receive the Goods (see below) 10.2 To exercise your right of cancellation, you must give written notice to the Supplier by letter, fax or e-mail, at the fax number or e-mail address shown below, giving details of the Goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
10.3 Goods being returned will only be accepted with the returns authorisation number issued by the Buyer clearly labelled on the outer packaging. Any item(s) returned without a valid RMA number on the outside may be refused. 10.4 If you exercise your right of cancellation after the Goods have been delivered to you, you will be responsible for returning the Goods to the Supplier at your own cost. The Goods must be returned to the address shown below. You must take reasonable care to ensure the Goods are not damaged in the meantime or in transit. 10.5 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the Goods. 10.6 If you do not return the Goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the Goods. 10.7 You do not have the right to cancel the contract if the order is for computer software that has been unsealed by you, or for consumable Goods that, by their nature cannot be returned. GOODS RETURNED MUST BE IN THE ORIGINAL PACKAGING, UNDAMAGED, COMPLETE AND WITH ALL THE ORIGINAL MANUALS AND LITERATURE SUPPLIED WITH THE GOODS. GOODS NOT RETURNED IN SATISFACTORY CONDITION, WILL, AT THE SELLER’S DISCRETION, BE REFUSED OR THE SELLER WILL BE ENTITLED TO CHARGE FOR APPROPRIATE PACKAGING, MANUALS AND LITERATURE IN ORDER TO RETURN THE GOODS TO THE SELLER’S OWN SUPPLIER. THE SELLER WILL NOT BE LIABLETO THE BUYER UNDER THIS CLAUSE IN RESPECT OF GOODS WHICH ARE RETURNED IN A DAMAGED CONDITION.
10.8 The Buyer does not have the right to cancel a computer system that has been made according to the their own specifications. This does not apply to upgrade options on pre-built systems.
10.9 If it is the responsibility of the Buyer to ensure that any items returned are properly insured. The Seller will not be responsible for any items lost or damaged in transit.
The Seller accepts no responsibility for the durability of consumables e.g. toner, cartridges, ribbons etc.
11. DATA PROTECTION/CONFIDENTIALITY 11.1 The Seller hereby acknowledges and confirms that it will keep all information confidential (except for that which is already in the public domain) in relation to the Buyer or the Buyer’s business that is disclosed to it or its advisors by the Buyer or its advisors and will not without the Buyer’s consent divulge such information.
11.2 The Seller will take all reasonable precautions to keep the details of your order and payment secure but unless the Seller is negligent, the Seller will not be liable for unauthorised access to information supplied by you.
12. FRAUD PREVENTION
12.1 We take fraud seriously and in our own and genuine cardholders interest will take all reasonable steps in its prevention. We employ fraud prevention procedures including card number and cardholders address checks, and may contact you and/or your card issuer for identity verification. We may do a search to verify your identity. This involves checking the details you supply against those held on any databases that Experian - the credit reference agency - has access to. This includes information from the Electoral Register and fraud prevention agencies. We will use scoring methods to verify your identity. A record of this search will be kept that may be used to help other companies to verify your identity. We may also pass information to financial organisations and others involved in fraud prevention to protect us from theft and fraud. If you give us false or inaccurate information and we suspect fraud, we will record this and share this information with other organisations. By agreeing to our Terms & Conditions you agree to this search and all checks being carried out.
13. REPAIRS (Please read fully)
13.1 Diagnostic Fee/Guarantees/Labour Rates/Surcharges:Asset I.T. charge no fee for basic diagnosis. However, if we have to strip a laptop extensively to establish the diagnosis this will carry a charge of £79+VAT. We do not guarantee we can fix any Laptop at any time. Replacement parts (if available) needed to attempt a repair will be charged to the customer. We reserve the right to refuse to undertake a repair.
13.2 Loss or Damage:Asset I.T. are not responsible for loss of, or damage to computer equipment, Laptops,or software left for repair in case of fire, theft, natural disasters, or any other causes beyond our control. Due to the nature of electronic components Asset I.T. cannot be held responsible for data loss, or other component failures that occur during attempted repairs, testing, or at any other time. Asset I.T. shall not be held liable for loss of profit or any direct, indirect, special, incidental, or consequential damage occurring from or after Laptop testing or repairs.
13.3 Abandonment:Any Laptops not retrieved and/or paid for within 30 days from notification of job completion (whether repair has been possible or not) will be considered abandoned, and subject to sale.
13.4 Warranty:Repairs carry a full 3 month Return to Base warranty unless otherwise specified on invoice. Any attempt to repair or service any Laptops not authorised by the Management of Asset I.T. will void any and all warranties. Second hand parts supplied carry a 30 day RTB warranty from delivery. New parts carry a full 1 year RTB warranty.
13.5 Turnarounds: approx 2 to 3 Business Days or longer depending on repair. Please call us for status. Software required must be supplied as soon as possible along with the Serial Number to avoid delays.
13.6 Software: PLEASE DON’T ASK US TO INSTALL UNLICENSED COPIES OF SOFTWARE. ONLY ORIGINAL SOFWARE WITH A LEGITMATE LICENCE + SERIAL NUMBER ARE ACCEPTABLE. ASK US IF YOU ARE IN ANY DOUBT AS WE CAN SUPPLY SOFTWARE.
14. LEGAL JURISDICTION 14.1 This agreement is made under Scottish law, and both parties submit to the jurisdiction of the Scottish courts.