1.1. This Agreement is made between M2 Computing Ltd (hereinafter referred to as the Company ) and the Customer (hereinafter referred to as the Customer ).
2.1. No order submitted by the Customer shall be considered acceptable by the Company until the goods have been despatched by the Company.
2.2. The Customer shall be responsible for ensuring the accuracy of any order submitted by the Customer including confirming in writing any telephone orders and for giving the Company any necessary information relating to the contract and delivery (as the case may be) within a sufficient time to enable the Company to deliver the goods to the premises notified to the Company by the Customer.
2.3. Written confirmation of any telephone orders shall clearly indicate that they are only confirming an earlier telephone order and shall contain details of the Customers account number and purchase order number.
3.1. The prices of the goods shall either be the price payable for the goods at the time of acceptance of the Customer’s order in accordance with the provisions of Clause 2.1 or in cases where the Customer at the time of payment cleared subject to the Company reserving the right to give notice in writing to the Customer at any time before delivery to increase the price of goods to reflect any increase in cost of the goods to the Company which is due to any matters beyond the Company’s reasonable control including (without limitation) any increase in Value Added Tax (VAT), transport costs, shipping insurance, carriage, postage and packaging and any other applicable duties and taxes.
3.2. The prices for any goods quoted in any catalogues sales literature or price lists is exclusive of any applicable VAT and carriage charge, shipping insurance, postage and packaging and any other duty taxes and applicable charges in relation to the goods, which the Customer shall additionally be liable to pay the Company.
3.3. The price of goods stated in any invoice shall be exclusive of VAT.
3.4. The Customer shall be liable for any reasonable costs incurred by the Company in the event of variation or suspension of any order by the Customer.
4. PAYMENT AND PAYMENT TERMS
4.1. Currency: The Company accepts payment in Pound Sterling (GBP) for transactions within the British Isles. Payment Methods: Credit/Debit Cards, Direct Debit, Cheque, BACS, Internet Banking.
4.2. Equipment Purchases: – Strictly cash on delivery/cleared funds/ immediate settlement. 30 day equipment purchasing accounts available to Established Account Customers, Government Bodies, Local Authorities & Selected Established Businesses (subject to credit searches). Please call for details.
4.3. Subject to any provisions in these conditions all invoices shall be paid by the Customer within the specified time from date of the Company’s invoice.
4.4. The time of payment of any invoice shall be the essence of the Contract and Receipts for payment shall be issued to the Customer only on request.
4.5. The Company does not recognise “pay on statement” and/or “payment at end of following month” policies and no goods or services are supplied under these terms unless pre-arranged with the Company.
4.6. If the Customer fails to make any payment on the due date then (without prejudice to any other rights or remedies the Company may have) the Company shall be entitled to: –
4.6.1. Cancel the Contract and suspend any further deliveries to the Customer, and
4.6.2. Charge interest on a day-to-day basis on all overdue sums owed at the rate of 8% over the base rate of the Lloyds TSB bank PLC. Interest shall be calculated from the last date the sums in question were due payable to the date of actual payment. Any debt administration and legal fees or charges that may be incurred in the collection of overdue accounts will be chargeable to and payable by the Customer. Including losses and costs incurred after or to enforce a County Court Judgement or High Court Judgement.
4.7. The Company at its discretion shall be entitled to apply a minimum debt administration charge of £35.00 (inc VAT) to all undisputed/unpaid debt exceeding our terms and conditions.
4.8. The Company at its discretion shall be entitled to apply a minimum legal administration charge of £178.00 (inc VAT) to all undisputed/unpaid debt exceeding our terms and conditions.
4.9. The Customer may not assign any invoice to another party without written consent from the Company.
5.1. The Company may at its sole discretion offer the Customer credit and in cases where credit is offered to the Customer, payment shall be made by the Customer in accordance with the provisions of Clause 4.2
5.2. Credit shall be offered to the Customer subject to the Company being satisfied as to the Customer’s credit worthiness and the Customer acknowledges that the Company may carry out status enquiry checks and/or submit the Customer’s details to credit reference agencies who will maintain a record of a credit search. The Company requests upon application for credit account and at periodic intervals thereafter that the Customer meets the necessary criteria required to hold such credit account and the Company is entitled to seek/request bank and trade references at any time. The Company may request from the Customer copies of audited accounts and/or management reports. The Company may withhold despatching goods to the Customer until such times as the credit worthiness of the Customer has been approved or the Customer has provided sufficient security to the Company or the Customer has made payment in full for the goods in question. Failure to provide sufficient security or to make payment in full for the goods shall entitle the Company at its discretion to suspend despatching any goods or cancel the Contract without the Company incurring any liability to the Customer.
6. FINANCIAL EXPOSURE (CREDIT PROTECTION, RECOVERY AND ENFORCEMENT)
6.1. The Customer as a (Private individual, Business Proprietor, Business Partner or Company director) agrees to guarantee and indemnify the Company from bad debt and permits the Company to counter the risk of bad debt. The Customer agrees to reimburse the Company in full for all losses, legal fees and all other collection costs and expenses incurred in enforcement of these conditions. The Company reserves the right to assign or factor debt at time of invoice or to recover unpaid debt by means of appointed collection agencies or to collect unpaid debt by use of its own procedures for debt recovery. If for any reason you cannot make full payment of our invoices please contact our accounts department.
7.1. The Company shall deliver the goods to any premises notified to the Company by the Customer and for the avoidance of doubt the Customer shall be liable for any costs incurred by the Company in relation to carriage postage and packaging and any other applicable duties and charges.
7.2. The Company shall use its reasonable endeavours to deliver the goods to the premises stated by the Customer by any delivery date estimated by the Company and for the avoidance of doubt the Customer acknowledges that the delivery date is not guaranteed or the essence of the Contract and that the Company shall in no circumstances be liable to the Customer for any losses, damages or charges incurred by the Customer due to the late delivery of goods.
7.3. Goods delivered to the Customer shall be deemed accepted by the Customer and the Customer shall inspect the goods immediately upon delivery and in all cases inform the Company in writing within ten days of any damage, shortages or non-delivery of the goods.
7.4. Where the goods are being delivered in instalments each delivery shall constitute a separate contract and failure by the Company to deliver one or more of the instalments in accordance with these conditions or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the contract as repudiated.
7.5. If the Customer fails to take delivery of the goods (or fails to give the Company adequate delivery instructions at the time stated for delivery otherwise that by reason of any cause beyond the Customer’s reasonable control or by reason of the Company’s fault) then without prejudice to any other rights or remedies available to it the Company may: –
7.5.1. Store the goods until the actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or
7.5.2. Sell the goods at the best price readily obtainable (after deducting all reasonable storage and selling expenses) and charge the Customer any shortfall below the price obtained under the contract.
8.1. Risk of damage to or loss of the goods shall pass to the Customer:
8.1.1. In the case of goods being collected by the Customer at the Company’s premises after notifications from the Company that the goods are ready for collection, at the time when the Customer collects the goods from the Company’s premises: or
8.1.2. At point of delivery to the Customer’s premises at the time of delivery, or if the Customer wrongfully fails to take delivery of goods, at the time when the Company has tendered delivery of the goods to the Customer.
9. TITLE OF OWNERSHIP
9.1. Not withstanding delivery and the passing of risk of goods, title of ownership in the goods shall not pass to the Customer until the Company has received payment in full for the goods.
9.2. Until such time as title of ownership in the goods passes to the Customer the Customer shall keep the goods verifiably separate from the Customer’s goods and those of any third parties and property stored, protected and insured and identified as the Company’s property. Until such times as property in the goods passes onto the Customer the Company shall be entitled at any times to require the Customer to deliver up the goods to the Company without liability. If the Customer fails to do so immediately the Customer shall permit the Company or its appointed agents or representatives to enter upon the Customers premises or any premises of any third party where the goods are stored and repossess the goods without liability.
10.1. No order which has been accepted by the Company in accordance with the provisions of these conditions may be cancelled by the Customer except with the agreement in writing of an authorised representative of the Company and on the terms that the Customer may be required to indemnify the Company in full for any costs, damages, losses charges and expenses (including any loss of profit) incurred by the Company as a result of the cancellation.
11.1. If you are not 100% satisfied with your purchase, you can either return your order for a full refund or exchange it for something else. You can return or exchange your purchase for up to 30 days from the purchase date. Returned or exchanged products must be in the condition you received them and in the original box and/or packaging.
12.1. Most new products are sold with a manufacturer direct warranty, or the Company’s own warranty programme, the repair or replacement of a product is subject strictly to the respective manufacturer’s policies. Where a Customer notifies the Company of a defect in the goods within the time provided for the applicable manufacturers policy, which defect is subsequently verified by the manufacturer and/or the Company’s technical inspectors, the Company will repair/replace the goods. The Company does not give a warranty guarantee protection for:
12.1.1. Damage caused by incorrect installation, use, modifications or repair by any unauthorised 3rd party or yourself
12.1.2. Damage caused by any party (except the Company) or other external force
12.2. We do not sell items on a test or trial basis and we strongly advise Customers to check suitability and all specifications before ordering. (Please always check with our technical department for suitability of a product.)
13. CORPORATE RESPONSIBILITY
13.1. When requested to dispose of redundant equipment and/or packaging by the Customer, the Company will undertake this in accordance with the current EC regulations and guidelines. In some instances this may incur costs, which will be invoiced to the Customer by the Company accordingly.
13.2. If whilst undertaking any work or services for the Customer, the Company or representative of the Company identifies the existence or suspects the existence of paedophilic related material, the Company will contact the appropriate legal authorities.
14. COMPLETE AGREEMENT
14.1. The terms of this Agreement constitute the whole of the Agreement between the parties. Any enlargement, variation, exclusion or addition shall be without effect. No variation to these conditions (including the incorporation the Customers standard terms and conditions of business) shall be binding upon the Company unless agreed in writing by the Company and signed by an authorised representative of the Company.
14.2. The Company’s employees, agents or representative are not authorised to make any legal representations concerning the Company unless such representations are confirmed in writing by an authorised representative of the Company.
14.3. This Agreement is governed by the law of England and Wales.
14.1. In order to provide a quality service we may record or monitor phone calls between the Customer and the Company.
M2 Computing Ltd is a wholly owned subsidiary of Swiftescrow Ltd.