Additional Terms
and Conditions
- 1.
Definitions
- 1.1 " Company"
means Rock Group Plc or one of its subsidiaries.
- 1.2 " Consumer"
any Customer falling within the definition of a consumer
as found in Section 12 of the Unfair Contract Terms Act 1977
- 1.3 " Contract"
means the contract between the Company and the customer to which
on any particular occasion these terms and conditions relate
- 1.4 " Customer"
means the customer of the Company under the Contract
- 1.5 " Goods"
means the goods to which the Contract relates
- 1.6 " Software"
means such (if any) of the Goods as are within the meaning of the
term as currently used in the computer industry
- 1.7 " Operating
System" means MS-DOS or Windows or such other Software as shall
be within the meaning of the term Operating System as
currently used in the computer industry .
- 1.8 " Equipment"
means such of the Goods as are not Software
- 1.9 " Special"
means only a special condition or term which has been agreed by
the Company and which is set out in the part of the Contract signed
on behalf of the Condition" Company by a director or other duly
authorised person
- 1.10 " RMA"
means a Return Merchandise Authority Number as more particularly
described in clause 9.2
- 1.11
Standard Charges means the charges normally made by the Company
from time to time as certified in writing by the Company
- 2.
General
- 2.1 These
terms and conditions shall apply to all Contracts made between the
Company and the Customer whether written expressly, mentioned or
not save that in respect of Contracts made after the Company has
notified the Customer of the issue of a later edition any Contract
shall be subject to such later edition.
- 2.2 These
terms and conditions shall apply to the Contract save so far as
varied by or inconsistent with any Special Condition.
- 2.3 No other
term or condition shall have any effect whatsoever, and if after
the existence of these terms and conditions has become known the
Customer makes or gives to the Company any conditional offer order
or acceptance, the Company shall have the right (but shall not be
bound) to treat the same as unconditional either in whole or in
part as it shall in its absolute discretion think fit.
- 2.4 No Contract
for the sales of Goods shall arise until the Company despatches
the Goods to the Customer or the Customer notifies the Company of
the Customers acceptance of the Companys quotation (whichever
shall first occur).
- 2.5 It is
intended that these terms and conditions and any Special Conditions
shall be reasonable as between the Company and the Customer having
regard to the nature of the Contract but if at any time any of them
is either unenforceable or void at law it shall not adversely affect
or prejudice the remainder of them or the Contract and it shall
be deemed to be excluded from these terms and conditions and (where
possible) to be replaced by such other enforceable and valid term
and / or condition as shall be as near as may be to the original
in both form and effect.
- 3.
Price
- 3.1 The price
for the Goods shall (in the absence of a separate written quotation
from the Company) be that on the Companys current price list.
- 3.2 The Company
reserves the right to revise prices up to the despatch of the Goods
to reflect any direct or indirect increase in costs to the Company.
- 3.3 All prices
are quoted exclusive of charges for carriage and Value Added Tax
on the total supply (at the prevailing rate).
- 4.
Payment
- 4.1 The price
shall be paid on or before delivery of the Goods to the Customer.
- 4.2 If the
Company grants any credit terms to the Customer (whether as a Special
Condition of the Contract or otherwise) if any sum payable by the
Customer to the Company is not paid within seven days of the due
date, the Company shall have the right to charge interest on the
balance from time to time outstanding at such annual rate as shall
be 5% above the base rate of Barclay's Bank Limited from time to
time in force calculated on a daily basis from the date on which
such sum became due down to the actual date of payment.
- 4.3 The Customer
shall make payment of all invoices due to the Company in full and
free from any deduction by reason of set-off counterclaim or any
other reason of any kind.
- 5.
Warranty and Liability of the Company
- 5.1 The Company
warrants that:-
- 5.1.1
the Goods will at the time of delivery correspond to the description
given by the Company.
- 5.1.2
the Equipment will be capable of supporting the Operating System
installed on or supplied with the Equipment but not that any
software not supplied by the Company but described as being
compatible with the Operating System shall be capable of being
supported by the Equipment in whole or in part.
- 5.1.3
any Software installed on Equipment by the Company at the time
of the supply of the Goods will be supported by the Equipment
in whole or in part.
- 5.1.4
any Software sold by the Company and specifically described
as being capable of being supported by any particular piece
of computer equipment generally supplied by the Company will
be capable of being supported on such Equipment in whole or
in part.
- 5.2 The Company
warrants that it is entitled to sell any Software forming part of
the Goods:-
- 5.2.1
where the Company has loaded Software onto the Equipment such
Software is supplied on the basis that it is licensed for use
only on the Equipment onto which it is loaded.
- 5.2.2
where Software is supplied separately on the basis of the manufacturers
license enclosed with its packaging.
- 5.3 Save to
the extent set out in clause 5.1 above the Company gives no warranty
that any Goods supplied by the Company are suitable for any purpose
for which the Customer may wish to use them and the Customer shall
establish the suitability of the Goods for the Customers purpose
without reference to the Company.
- 5.4 The Company
accepts no responsibility for faults related to Software not supplied
by it and reserves the right to charge for (any) technical support
given or repair undertaken to correct faults.
- 5.5 Except
where otherwise provided in favour of the Customer by statute, all
other warranties conditions or terms relating to fitness for purpose
merchantability or condition of the goods whether implied by statute
of otherwise are excluded.
- 5.6 Under
no circumstances shall the Company have any liability for normal
wear and tear or if (other than by the Company) any part of the
Goods is modified or repaired improperly stored or used damaged
by accident or neglect or maintained otherwise than or not maintained
in accordance with any maintenance requirements specified by the
Company to the Customer.
- 5.7 The Company
shall not be liable for any loss of use of the Goods or any consequential
loss arising out of any defect in the Goods or otherwise.
- 5.8 Save as
expressly stated in these terms and conditions the Company shall
have no liability whatsoever in respect of any representation warranty
undertaking term or condition not expressly incorporated herein
and any such as might be implied by statute or otherwise is hereby
expressly excluded.
- 5.9 The Company
and the Customer have freely and openly negotiated the Contract
in the knowledge that the liability of the Company is to be limited
in accordance with these terms and conditions and the price has
been calculated accordingly the Customer acknowledging that a higher
price would be payable but for such limitation.
- 5.10 Unless
we have a fully completed warranty card, the warranty will be invalid.
- 5.11 This
warranty applies to approved hardware only, and not others or software.
- 5.12 The product
has been officially registered by return of the guarantee registration
card or registered online, within 28 days of purchase.
- 5.13 Non-standard
product applications are excluded.
- 5.14 The Company
does not cover any damage to exterior surfaces however caused.
- 5.15 We will
repair/replace any notebook if it has more than 5 bad pixels on
the screen.
- 5.16 Batteries
are a consumable item and as such are not covered under warranty.
Any defective battery will only be repaired/replaced within 6 months
of purchase.
- 5.17 The Company
is not responsible for any of your confidential, proprietary or
personal information contained in a machine which you return to
the company for any reason. You should remove all such information
from the machine prior to its return.
- 5.18 The Company
resurves the right to charge (for testing or otherwise) any product,
which is ineligible for repair or found to be in satisfactory working
condition after initial testing.
- 5.19 Any alteration
of equipment not authorised by the company shall constitute a waiver
of the warranty by the owner of the equipment or any person acting
on behalf of.
- 5.20 The Companies
warranties do not cover any equipment which has been abused or misused,
or on which the serial number has been altered or removed.
- 5.21 Neither
party shall be under any obligation to the other for any delay or
failure to perform obligation stated herein except failure to pay
if the same is wholly or partially caused, whether directly or indirectly
by circumstances beyond their reasonable control.
- 5.22 Products
are to be returned to the company with a Returns Material Authorisation
(RMA) number, obtained from mobile-support.net on 08700 667 999,
clearly marked on the outside of all packaging.
- 5.23 Warranties
are not transferable and only applies to the initial purchaser of
the product.
- 5.24 - Carriage is
only covered, if included in your warranty package for UK mainland
only.
- 6.
Delivery
- 6.1 Whilst
ever reasonable effort shall be made to keep to any delivery date,
time of delivery shall not be of the essence and the Company shall
not be liable for any losses costs damages or expenses incurred
by the Customer or any other person or company arising directly
or indirectly out of any failure to meet any estimated delivery
date.
- 6.2 Unless
otherwise agreed the Company may deliver by installments and in
such case each installment shall be treated as a separate Contract
and any delay, default or non-delivery in respect of any installment
by the Company shall not entitle the Customer to cancel the remainder
of the Contract.
- 6.3 Failure
by the Customer to pay for any installment or delivery when due
shall entitle the Company to withhold further deliveries and the
Customer shall be liable for any costs incurred by the Company relating
to such Goods which the Company is then entitled to withhold.
- 6.4 Delivery
of the Goods shall be made at the Companys premises and the
Customer shall make all arrangements necessary to take delivery
of the Goods whenever they are tendered for delivery.
- 6.5 The Company
will on request by the Customer make arrangements for carriage of
the Goods within the United Kingdom on the Customers behalf
and at the Customers expense.
- 6.6 Any shortages
must be reported in writing within 24 hours of the delivery being
made.
- 6.7 The customer
will also abide by the terms and conditions of the carrier used
on behalf of the company.
- 6.8 The Company
reserves the right to charge for failed collections.
- 7.
Risk and Insurance
- 7.1 The risk
in the Goods shall pass to the Customer upon delivery to the Customer
or consignment by the Company of the Goods to a carrier for delivery
to the Customer
- 7.2 The Company
shall only be responsible for Customer's goods at the Company's
premises if the said Goods have been duly authorised for return
by way of a RMA Number. In the event of theft, loss or damage of
any Goods at the Company's premises without authorisation the Company
shall not be liable in whole or part.
- 7.3 Until
the price payable has been paid to the Company in full and the Customer
has complied with all its obligations under the Contract the Goods
shall remain the property of the Company and clauses 7.4 7.5 and
7.6 hereof shall apply.
- 7.4 The Company
shall have the right at any time prior to the price being paid in
full to repossess the Goods whether they be at the premises of the
Customer or elsewhere and without prejudice to the other rights
and remedies of the Company under this Contract the Customer shall
be liable for all transport and other costs and expenses of recovering
the same.
- 7.5 If the
Customer should sell or otherwise dispose of the Goods to a third
party at any time before the Company has received full payment for
the same the Customer shall hold and keep the proceeds of sale on
trust and/or in a fiduciary capacity for the Company, and the said
proceeds of sale shall be and remain the property of the Company
(for the avoidance of doubt the Customer shall place the said proceeds
of sale in a separate bank account in the name of the Company whether
collected by the Customer or not).
- 7.6 The Customer
shall adequately insure the Goods with reputable insurers against
all insurance risks from not later than the time of their leaving
the premises of the Company and at the same time shall also insure
them for the benefit of the Company and the Customer and all other
people as may in any way connected with the Goods against all known
and insurance risks to persons and property which might in any way
arise out of the Goods or their use and such insurance shall be
for the invoiced value of the Goods plus five hundred thousand pounds
on terms whereby the insurers shall be precluded from any rights
of subrogation or other rights whereby they would be capable of
claiming against the Company or any if its employees or other persons
in any way connected with the Company.
- 8.
Default of the Customer
- 8.1 If the
Customer fails to take delivery of any part of the Goods at the
time or place required under the Contract the Company shall have
the right:-
- 8.1.1
to charge to Customer with reasonable storage charges until
such time as delivery is taken and/or
- 8.1.2
at any time thereafter to give written notice to the Customer
requiring the Customer to take delivery of the Goods in accordance
with the Contract within a period of 14 days from the date of
sending such notice and in the event of the Customer failing
to take delivery within such period the Company may by sending
further written notice to the Customer treat the Contract as
having been repudiated by the Customer and recover from the
Customer all losses damages and costs occasioned to the Company
by virtue of such repudiation.
- 8.2 If the
Customer fails to pay any monies due under the Contract within 60
days of the due date the Company shall (without prejudice to its
other rights under this Contract) have the right:-
- 8.2.1
to treat the Contract as having been repudiated by the Customer
on the same terms as set out in the foregoing paragraph and/or
- 8.2.2
to enter any premises of the Customer and recover any part of
the Goods which have been delivered to the Customer.
- 8.3 The Company
shall also have the right to treat any Contract in respect of which
the Customer has not paid for the Goods as repudiated by the Customer
forthwith an without notice should the Customer become bankrupt
or insolvent or make any arrangement or compound with the creditors
or should any receiver be appointed in respect of its undertaking
or any of its assets or should a judgment be obtained against it
and remain unpaid for a period in excess of 28 days.
- 9.
Maintenance and Repair
- 9.1 Goods
are supplied on the basis that the Company will for the period of
one year after the delivery of the said Goods to the Customer repair
or replace any Goods which may be defective (for reason other than
normal wear and tear or improper modification or repair not carried
out by the Company improper storage or use accidental damage neglect
or the lack of maintenance carried out in accordance with the Companys
specifications) provided that the said Goods are delivered to the
Companys workshop premises at the cost of the Customer and
at the Customers risk during transit.
- 9.2 Before
returning Goods in accordance with clause 9.1 the Customer must
first contact the Companys Technical Support Department which
will issue an RMA Number which will be valid for a period of 14
days from the date of issue by the Company and the Company reserves
the right to refuse delivery of Goods after this period.
- 9.2.1
Any Goods returned must have the RMA Number marked clearly on
the package and the Company reserves the right to refuse delivery
of any Goods returned without a RMA Number or arriving at the
Companys workshop premises after the expiry of the RMA
Numbers validity.
- 9.3 The Company
will carry out repairs at is Standard Charges
- 9.3.1
following the period of one year mentioned in clause 9.1 or
- 9.3.2
during the said period if the Company determines that it is
under no liability to make such repairs provided that the Goods
requiring repair are delivered to the Companys workshop
premises at the cost of the Customer and at the Customers
risk during transit.
- 9.4 Where
the company is unable to make contact with the customer to return
the product, after one month the company retains the right to dispose
of the product in any way it deems suitable.
- 10.
Force Majeure
The Company shall be under no liability
for any failure to perform all or any part of is obligations under the
Contract if such failure shall be due to act of God strikes lock-out
labour disputes the effects of any statute or any regulation of any
Government public or local or other Authority delay or defaults of suppliers
or sub-contractors or non-availability of parts (without prejudice to
the generality of the aforegoing) any other causes beyond the reasonable
control of the Company and this condition shall apply notwithstanding
that is may conflict with any Special Condition.
- 11. No
Waiver
The Companys failure to insist upon strict performance of any
provision of the Contract on any one occasion shall not be deemed to
be a waiver of its rights or remedies in respect of any other present
or any future default on the part of the Customer in performance of
the Contract.
- 12. Entire
Agreement
These terms and conditions and the Special Conditions (if any) constitute
the entire agreement between the Company and the Customer and may not
be modified waived amended or supplemented except by written agreement
between the Company and the Customer signed by a director or other duly
authorised person on behalf of the Company.
- 13.
Law
The Contract shall be governed by and implemented in all respects in
accordance with the laws of England and any disputes or differences
in connection with or arising out of the Contract shall be referred
to the Courts of England.
T&C
- 13/ 05 / 1997 |