Terms and Conditions

Terms and Conditions

DEFINITIONS
“ITSupportCentral” ITSupportCentral UK and, or subsidiary companies
“(The) Customer” The person of firm or company purchasing from ITSupportCentral.
“(The) Goods” The products and/or services being the subject of a contract of sale to which these conditions apply.
“(The) Conditions” The Terms and Conditions of ITSupportCentral herein contained relating to the supply of goods other than the provision of service facilities.
“(The) Order” The order placed by the Customer for the supply of the Goods.

2. ORDERS
a) All orders are deemed to have been made by the Customer and accepted by ITSupportCentral upon and subject to these conditions.

3. PRICES
a) ITSupportCentral shall establish the prices to be charged to the Customer form the Goods, from time to time, which may be published in a ITSupportCentral price list.
b) Unless otherwise stated on ITSupportCentral’s invoice the price of the equipment shall mean and include ITSupportCentrals costs of standard, packing normal insurance and delivery to the address in the United Kingdom specified in writing by the Customer to ITSupportCentral on or with the order. Unless otherwise indicated prices are exclusive of Value added Tax. The cost of any special packing and all other transport requested by the Customer shall be payable by the Customer and the Customer must make this own special insurance arrangements.

4. PAYMENT
a) The Customer shall make payment in full by the due date shown on the invoice without any deduction or withholding whatsoever on any account.
b) If payment is not received in full when due, the customer shall pay interest at a rate per annum which is 5% (percent) above Barclays Bank Plc base lending rate as it may vary from time to time.
c) If payment is to be made by installments, the failure of the Customer to pay an instalment in due time shall entitle ITSupportCentral to treat such failure as a repudiation of the whole contract by the Customer and to recover damages for breach of contract from the Customer.
d) ITSupportCentral reserves the right to defer without penalty delivery of any goods which have been ordered by the Customer for so long as amounts due to ITSupportCentral remain overdue for payment or any credit limit is exceeded.

5. PROPERTY AND RISK
a) Under the provisions of S19 of the Sale of Goods Act 1979, ITSupportCentral reserves the right of disposal of the goods which are the subject matter of this contract, until they have been paid in full by, or on behalf of the customer. Should the goods be sold by the Customer before the above condition regarding payment has been met, ITSupportCentral’s interest shall attach to the proceeds of such resale, whether received or receivable, without prejudice to any further claim ITSupportCentral may have against the customer under this contract.
b) Notwithstanding the conditions set out in paragraph 5(a) above, the goods shall be at the Customer’s risk from the time of delivery to him, or to any carrier or agent acting on his behalf.
c) The terms of this contract set out in paragraph 5(a) above, do not entitle the Customer to return the goods, or refuse or delay payment on the grounds that the property in them has has not passed to him.

6. DELIVERY AND INSTALLATION
a) All delivery and installation dates are estimates only and ITSupportCentral shall not be liable for any loss, cost, damages or expenses suffered by the company or any other person or company, howsoever arising wether directly or ndirectly out of failure to meet any estimated delivery or installation date.
b) ITSupportCentral reserves the right to suspend delivery of any order.
c) Delivery against an order(s) placed for the goods shall be clearly evidenced by the return to ITSupportCentral of its authorised carrier(s) official Packing/Delivery Note which must be signed and dated by and employee of the Customer whose signature should be legibly identified in capital letters on thebr Packing/Delivery Note. Receipt by ITSupportCentral of the signed Packing/Delivery Note howsoever signed as acknowledgement of receipt of the goods shall be absolute and irrevocable proof of delivery of the special (numbered) items entered on the Packing/ Delivery Note and no claims for shortages will be accepted or considered.
d) ITSupportCentral reserves the right not to deliver the goods and to cancel the order where the prices quoted are clearly wrong.

7. SHORTAGES AND DAMAGES
a) The customer shall inspect the goods immediately upon delivery and shall
within 14 days of such delivery, give notice in writing to ITSupportCentral if it is alleged that the goods are not in accordance with the order. Any claim outside the 14 days will not be accepted.
b) The customer shall in respect of alleged visible damage to the goods at the time of delivery, make a note of the alleged damage on the Packing/Delivery Note reffered to in 6.a above and shall additionally within 14 days give notice in writing to ITSupportCentral of such alleged damage.
c) If the customer shall fail to give notice as required in 7.a and 7.b above (as applicable), then the goods shall be deemed in all respects to be in accordance with the order and the customer shall be deemed to have irrevocably and unconditionally accepted the goods as being completely satisfactory.
d) Any of the goods in respect of which the customer makes a claim hereunder, shall be preserved by the customer as delivered and at its risk for a period of 21 days from notification of the claim whitin which time ITSupportCentral or its authorised agent shall have the right to investigate the complaint and inspect the goods. All original packaging should be retained until inspected by ITSupportCentral.
e) ITSupportCentral will repair or replace free of charge, any of the goods damaged or lost in transit provided the customer shall give ITSupportCentral in writing notification of such damage or loss within 14 days as provided under 7.a and 7.b above. Any claim outside the 14 days will not be accepeted.

8. CONSEQUENTIAL LOSS
ITSupportCentral hereby expressly excludes to the extents permitted by Law any liability (arising in contract or in tort, howsoever otherwise arising) for:-
i. Consequential loss or damage caused by or arising out of the use of the goods or occurring respect of the goods, and
ii. Loss or damage due to fair wear and tear and negligence or improper use, operation, storage or handling of the use or operation of the goods other than strictly in accordance with ITSupportCentral’s or the manufacturer’s written instructions as supplied with the goods, and
iii. Loss, Injury or Damage (including consequential loss) arising from fire, accident, industrial dispute, civil disturbance or any other act or accidental default interfering with the manufacture despatch or delivery of the goods and beyond the control of ITSupportCentral.
9. CANCELLATION
ITSupportCentral will only accept cancellation of the customer’s order prior to delivery if ITSupportCentral can return the goods to its supplier(s) without any cost to ITSupportCentral and in such circumstances ITSupportCentral will be fairly compensated if it receives payment from the customer equal to 30% of the net value of the order.
10. NO WAIVER
ITSupportCentral’s failure to insist upon a strict performance of any provision of these conditions shall not be deemed to be a waiver of its rights and remedies or any subsequent default by the customer in the performance or compliance with any of these conditions.
11. ASSIGMENT
Unless otherwise agreed in writing the customer may not assign either the benefit or the burden of any contract with ITSupportCentral.
12. SEVERABILITY
The invalidity of any individual provisions of these conditions shall not affect the validity of the remaining provisions.
13. RELATIONSHIPS OF THE PARTIES
Both ITSupportCentral and the customer are independent contractors under these conditions and the parties acknowledge that neither of them is an agent or partner of the other for any purpose and that each of them is entirely without authority to act on behalf of the other in any manner. ITSupportCentral shall not be responsible to third parties for for any claim arising out of the activities of the customer and the customer shall hold ITSupportCentral harmless against any claim arising in connection herewith and indemnify and hold harmless ITSupportCentral for any amount, which ITSupportCentral may be required to pay as a result of any claim.

14. CONSTRUCTION
The heading of paragraphs in these conditions are for reference purposes only ad shall not affect in any way the meaning or interpretation of these conditions.
15. GOVERNING LAW
These conditions shall in all respects be governed by and construed in accordance with English Law.

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