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TERMS AND CONDITIONS FOR SHEPLEY COMPUTERS,DIGITAL SECURITY CONTRACTS LTD,CCTV, DIRECT, ON-LINE SHOP
1. Definitions
The company
The company is Shepley Computers (Also known as ShepleyDirect, Shepley CCTV, Shepley On-Line Shop) based in Lickey End, Bromsgrove, Worcs.All the names listed are trading names of Digital security Contracts Ltd -Company number 05181490
The customer
A company or persons agreeing to purchase goods from or use the services of Shepley Computers (Also known as ShepleyDirect, Shepley CCTV, Shepley On-Line Shop) products
The contract
The contract is the terms and conditions which bind the company and the customer for the sale and purchase of goods and/or services on any particular occasion and shall only have been deemed to have been made wherein in the company accepts an order placed by the customer.
The consumer
A customer buying and using Shepley Computers products for private, education or business use.
Software
Means computer operating systems or applications and/or goods within the meaning of the term used in the computer industry from time to time.
Third party products
Third Party products are products which have not been manufactured or branded by Shepley Computers and supplied to Shepley Computers by third parties for, re-supply by Shepley Computers to its customers. See Third Party warranties details.
Shepley Computers products
Shepley Computers products are the goods as described and acknowledged in the Order confirmation.
2. General Points Relating to the Terms & Conditions
2.1 This Agreement applies to the supply by Shepley Computers to the customer of the products and/or services incorporating these terms and conditions. Variations to this agreement may be made in writing by Shepley Computers.
2.2 Placing your order means acceptance of this agreement save that in respect of contracts made after Shepley Computers has notified the customer of the issue of a later edition than any contract shall be subject to such later edition.
2.3 These terms and conditions shall apply to the contract save so far as varied by any special condition or term agreed by Shepley Computers and set out in the contract and signed by an authorised person, furthermore Shepley Computers shall have the right (but shall not be bound) to treat the same as unconditional either in whole or in part as it shall be in its absolute discretion.
2.4 These terms and conditions and any special conditions shall be reasonable having regard to the nature of the contract but if any part of this agreement is unenforceable or void at law it shall not adversely affect or prejudice the remainder of the agreement and it shall be deemed to have been excluded from these terms and conditions and wherever possible to be replaced by such other enforceable and valid term and/or a condition as shall be as near as may be to the original in both form and effect.
3. Order Confirmation Form
Orders are accepted and are only binding when Shepley Computers confirm the order by sending an order confirmation form in writing and unless the customer notifies Shepley Computers of any mistakes contained therein, within seven days in writing this said order confirmation form would apply to this agreement. Final product prices will be given on this form. Up to this point any advertised prices even the on-line shop are not final.
4. Price / Quotations
4.1 All quotations will be valid for 7 days unless otherwise stated not withstanding third-party products that will be valid for 5 days. Shepley Computers reserves the right to change or modify any product including third-party products at any time but will endeavour to provide equivalent specification and performance.
4.2 Any price quoted or given will be subject to VAT and carriage charges. Shepley Computers reserves the right to revise prices up to the dispatch of goods to reflect in/direct increase in costs to Shepley Computers.
4.3 The price does not include installation or operator training and if any such services are provided by the seller then the customer shall pay Shepley Computers its standard charges for them.
5. Payment
5.1 Payment shall be made prior to supply or service unless otherwise agreed, and in any event within 30 days of the invoice date. Payment will be in full and not subject to any deduction by reason of set off, counter-claim or any other reason whatsoever.
5.2 Shepley Computers will suspend delivery of goods or service until full payment is received unless otherwise agreed in writing. Cheques will only be accepted conditionally.
5.3 Interest on any sums due to Shepley Computers shall accrue from the date payment became due from day to day until the date of payment at the rate of 6% above the Base Rate of Barclays Bank Plc from time to time in force and in addition will accrue to run before and after any judgement.
5.4 Credit and Debit card sales will attract a charge to cover the extra cost of the transaction. This charge will depend on the type of card and the size of transaction. Customers who request there card issuer to action a chargeback against Shepley Computers for any reason will still be liable for payment in full under this contract.
5.5 Under this contract any costs (Legal Costs, Court Fees, Investigation agency charges etc) bourne by Shepley Computers recovering unpaid monies will be recoverable in full from the customer.
6. Delivery / Collection / Title / Risk
6.1 Shepley Computers will reasonably endeavour to deliver the goods or services within the approximate time specified in the Order confirmation form. Time of delivery shall not be of the essence and Shepley Computers will not be liable for any losses whatsoever as a result of any failure to meet any estimated delivery date.
6.2 Title to goods passes on full payment and until then the customer must insure and store Shepley Computers goods separately and in their original packaging and without modification whatsoever.
6.3 Unless otherwise agreed Shepley Computers may deliver by instalments and in such case each instalment shall be treated as a separate contract and any delay, default or non delivery in respect of any instalment shall not entitled the customer to cancel the remainder of the contract and furthermore Shepley Computers shall not be liable for any losses whatsoever arising out of any failure or late delivery.
6.4 Delivery/hand over of the goods to the customer shall be made at Shepley Computers premises unless otherwise agreed. Shepley Computers will on request by the customer making arrangements for carriage of the goods within the UK and at the customer's expense.
6.5 Until title to the goods has passed Shepley Computers shall have the right at any time 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 Shepley Computers under this contract. The Customer shall be liable for all transport and other costs and expenses of recovering the same.
6.6 Shepley Computers shall only be responsible for the customer’s goods at its premises if the said goods have been duly authorised for return by Shepley Computers. 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.
6.7 Should the customer sell or otherwise dispose of the goods before title passes, the customer will become Shepley Computers agent and keep such sale proceeds on trust and/or in a fiduciary capacity for Shepley Computers, and the said proceeds will be kept in a separate bank account whether collected by the customer or not.
6.8 Shepley Computers may also sue for the price before title has passed. If the customer fails to take delivery of any part of the goods as agreed and as required under the contract then Shepley Computers may charge the customer reasonable storage charges until such time as delivery.
6.9 Shepley Computers may also give written notice requiring the customer to take delivery within 14 days of the date of notice and in the event of the customer failing to take delivery then Shepley Computers may treat the contract as having been repudiated by the customer. The customer will be liable to Shepley Computers for all losses, damages and costs occasioned to Shepley Computers by virtue of such repudiation.
6.10 Delivery of goods paid for on Credit or Debit card must be to the card holders address.
7. Acceptance
The customer will inspect the goods promptly and in any event within 7 days. After this period, the customer will have accepted the goods. If Shepley Computers agree to return of goods at its choosing, it must be new and unused in its original condition with packaging, together with a return note and proof of purchase; the return costs will be payable by the customer unless otherwise agreed. The packaging must be undamaged and not written upon.
8. Warranty Obligations
8.1 New Shepley Computers products will be free from defects for 12 months (unless otherwise stated) in workmanship construction and material (excluding third-party products & second user or refurbished goods of any type). If any defects appear during this period Shepley Computers will endeavour to repair or replace the product or item within a reasonable time providing it is notified within three days of the discovery of any such defect by the customer, and in writing. Refunds will only be given if the product cannot be repaired or replaced unless Shepley Computers choose to give a refund.
8.2 If goods are refused without inspection or returned unused, or returned used, with no defects attributable to the goods supplied, or the customer cancels the order, then a handling and restocking charge of 30% of the total invoice will apply (unless otherwise agreed in writing).
8.3 The customer will allow Shepley Computers to examine the product at its premises (if appropriate) and providing the product is (if applicable) returned to Shepley Computers and transport charges are pre-paid by the customer.
8.4 All reasonable care and endeavour shall be used to resolve the problem at Shepley Computers expense providing such defect was not caused by neglect, misuse, accident, improper handling, storage, installation or by a repair or alteration not affected by the company.
8.5 If the customer caused the aforesaid defect then the customer shall pay to the company the reasonable cost as specified by the company of any examination of the goods, which does not reveal a defect for which the company is responsible.
8.6 If a defect is revealed then Shepley Computers will remedy the defect, however, if such a defect is a third party product then the customer shall not be entitled to receive any greater benefit then will have been received by the company under any guarantee or warranty given to the company by a manufacturer thereof for the same. Any part replaced or repaired will be done so in accordance with Industry standards and practice.
8.7 If the contract relates to the upgrading of goods previously purchased by the customer from Shepley Computers then the customer warrants that those goods are in a proper working order or that any fault or defect in those goods has been fully disclosed to Shepley Computers prior to Shepley Computers performing the upgrade.
8.8 The customer also warrants that it has kept a back up of all data from the Hard Drive and has verified that the back up is good and Shepley Computers shall have no liability for loss of data during upgrading or repair works.
8.9.1 The customer agrees to indemnify Shepley Computers against all liability whatsoever arising out of any claims which may be made against Shepley Computers by a third party for damage to persons or property alleged to arise out of the use of the goods by the customer save insofar as the right to such indemnification is excluded by statute or arises from defects in the goods which Shepley Computers is liable to repair or replace under these terms and conditions. Shepley Computers shall not in any circumstances be liable to indemnify the customer against any third party claim for economic loss.
8.9.2 Second hand, pre-used or refurbished equipment carries no warranty and is sold at customers risk. Used Notebook screens/display panels are never warranted even if a warranty is supplied with the rest of unit.
8.9.3 Shepley Computers are not responsible in any way for the actions of third party engineers involved in On-site warranty repairs.
8.9.4 It is the customer’s responsibility to ensure that items returned for warranty repair whether on Return to Base or Collect and Return are packaged in a secure manor. PC’s DVR’s and Notebooks must be double boxed with filler to withstand a fall from at least waist height. Goods that have been damaged in transit due to improper packaging will not be repaired under warranty.
9. Liability
9.1 Except where otherwise provided Shepley Computers 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 customer’s purpose without reference to the company.
9.2 Shepley Computers accepts no responsibility for faults related to software not supplied by it and reserve the right to charge for (any) technical support given or repair undertaken to correct the faults. Furthermore, it shall not be liable for any loss of use of the goods or any indirect or consequential loss; loss of the business profits; salary; revenue and savings arising out of any defect in the goods or otherwise.
9.3 Shepley Computers accepts no liability for any damage remedied by Shepley Computers within a reasonable time and for any loss avoidable by you through reasonable conduct, including backing up of all the data and following Shepley Computers advice generally, except where otherwise provided in favour of the customer by statute.
9.4 Except where otherwise provided in favour of the customer by statute, all other warranty conditions, goods or terms relating to fitness for purpose, merchantability or condition of the goods whether implied by statute or otherwise are excluded.
9.5 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
9.6 Shepley Computers accepts no liability for loss of CCTV data due to the failure of any of it equipment. The customer should ensure proper backup procedures are in place relative to the importance of the data.
10. Copyright
10.1 The customer shall not be entitled to any right whatsoever of copyright or design in respect of any goods and Shepley Computers shall be free to prepare, produce and sell similar goods to other parties without any restriction whatsoever.
10.2 The customer also warrants that any specifications or plans produced to Shepley Computers do not infringe or breach any copyright, design or similar rights in favour of any other party and will indemnify Shepley Computers against any liability, expenses and legal costs whatsoever reasonably incurred by Shepley Computers in respect of any claim which may be made against it for an alleged breach of any right.
11. Force Majeure
11.1 Shepley Computers accepts no liability whatsoever for delays in performance and any failure to perform all or any part of its obligations including delivery and service caused by circumstances beyond its control and if such failure shall be due to any act of God.
11.2 Without prejudice to the generality of the foregoing this condition will also apply to any other causes such as strikes; supplier/transport/production disputes; the effects of any statute or any regulation of any Government or regulatory body.
11.3 Either party may terminate this agreement without compensation should this last for more than 28 days.
12. Termination
Shepley Computers may terminate this agreement if you fail to pay within the time specified and either party may terminate this agreement if the other commits a material or persistent breach of this agreement and fails to remedy the same within 28 days of receipt of written notice.
13. Networks, CCTV Instalations and On-Site Work
13.1
Shepley Computers accepts no responsibility for any damage caused to a customers property or possessions whilst we are working On-site either at a private or business location. We will be working as invited contractors and it is the customer’s responsibility to provide an adequate level of insurance to protect valuables and property. During network or system installation damage to skirting board, walls, floors, ceilings paintwork may occur while laying the cables etc. Unless Shepley Computers have included a price in the contract to make good such damage no compensation or repair work will be entertained.
13.2
Shepley Computers (unless otherwise stated in the job contract) do not provide network support as standard. All network support work is fully chargeable. Customers requiring support after installation must sign up to a maintenance contract. If no specific contract has been entered into them all hardware support and warranty work will be on a strict return to Shepley Computers basis. If Shepley Computers are called out to repair a hardware network fault and the hardware is under a Return to Base warranty the customer will be charged a call out fee every time we attend (this may be more than one call out fee per repair).
13.3
Shepley Computers takes no responsibility for networks that contain computers, hubs or other network related hardware from other suppliers. This includes situations where customers add items of hardware or software to a network. Any repairs or maintenance in such situations will be chargeable.
13.4
If Shepley Computers designs and installs a new network or CCTV system for a customer, it is the customer’s responsibility to seek independent advice to ensure the products and design offered fulfils the customer’s individual requirements. After agreement has been reached and the contracts exchanged on any project Shepley Computers will not accept any liability regarding the final outcome once the project is completed if in the event the network system or CCTV equipment does not reach the customers expectations. Payment will be due in full as stated in the contract.
14. Assignment
This contract and all benefits and obligations arising herein shall not be assigned or sublet without prior written consent of Shepley Computers. However, any benefit or obligation may be assigned or sublet by Shepley Computers to a competent third party. If any part of the agreement is found to be invalid or unenforceable by a Court, the rest will remain unaffected.
15. Miscellaneous
The customer is responsible for the choice of product to best suit the purpose it is intended for. You must also provide Shepley Computers with all care and attention, co-operation, and access in order that it may carry out it’s duties. If the customer Fails to do this Shepley Computers will be released from all further obligations and shall not offer any further assistance. Any software or operating systems that may be loaded by Shepley Computers on any IT / Computer products are to be considered as for demonstration purposes only. It is the customer’s responsibility to ensure they are properly licensed before using any such software. Shepley Computers take no responsibility for any legal action taken by third parties against the customer for use of incorrectly or none licensed software. Customers are welcome at Shepley Computers by appointment only. Visitors / Customers come strictly at there own risk as we are not retail premises. We accept no liability of any kind.
16. Law of Contract
English Law shall govern this Agreement and any disputes arising thereof shall be referred to the Courts of England.
17. Statutory Rights
These Terms and Conditions and all benefits and obligations shall apply to and without prejudice to any consumer rights at common law and statue. Furthermore they are not intended to infringe The Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1994.
Without prejudice to the generarality of the foregoing you may with draw from this contract within 7 working days (although this does not apply to certain computer software or products made/assembled to order or specification) subject to the return of goods in their original condition with packaging, together with a return note and proof of purchase; the return costs will be payable by the customer.
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