GENERAL. (a) IQ in IT Limited shall be referred to in these Terms and Conditions as “the Supplier” and the purchaser or proposed purchaser of Goods shall be referred to as “the Customer.” (b) All quotations are given and all orders are accepted subject to these terms. The Customer hereby acknowledges that there are no representations outside these terms which have induced him/her to enter into the Contract and that these terms shall constitute the entire understanding between the parties for the sale of Goods.
Quotations. Quotations shall be deemed to be withdrawn unless accepted within 14 days. All quotations are issued based on current pricing and stock availability, and shall not constitute a guarantee of price or availability. The Supplier reserves the right to amend or withdraw a quotation if the cost of Goods changes, if any Goods become out of stock or end-of-life, or if the Supplier’s costs otherwise change prior to the Customer’s acceptance of the quotation. In such circumstances, the Supplier will make reasonable efforts to notify the Customer of any changes as soon as practicable.
The Price. All prices are quoted net of VAT or other taxable charges, which will be charged at the rate prevailing at the time of supply. Unless otherwise stated in writing, the price does not include any delivery or installation charges, which will be invoiced separately.
Payment Terms. Payment is due upon receipt of invoice unless otherwise stated in writing by the Supplier prior to Goods delivery. No variations will be accepted unless agreed in writing by the Supplier. Failure to adhere to these terms or breach of the Supplier’s Terms and Conditions under this or any other Contract with the Supplier will result in all further deliveries being withheld and at the Supplier’s discretion the cancellation of the whole or any part of the Goods remaining undelivered. Cheques received shall not be regarded as payment until cleared. In the case of late payment, the Supplier maintains the right to apply interest at a rate of 5% above the National Westminster Bank PLC base lending rate from the due day for payment until settlement is made in full. Changes to address or company details must be requested within 7 days from the invoice issue date. Requests for changes after this date will attract a £5 admin fee.
Delivery Dates. Delivery dates are approximate and are in no way the essence of the Contract. Every endeavour will be made to meet the Customer’s delivery requirements. The Supplier cannot, however, accept liability for delays caused by events beyond the Supplier’s control. Delivery may be delayed until the events described are terminated and the situation has returned to normal.
Passing of Title. The Supplier retains the title to the Goods until the Customer has paid all sums due and owing to him/her in respect of these Goods and any other Goods. During this period of non-payment the Customer will hold the Goods as agent on behalf of the Supplier. Whilst this condition prevails, the Customer may not: (a) sell or otherwise dispose of the Goods except in accordance with this condition; or (b) allow all the Goods to become mixed with or incorporated into other Goods without the consent of the Supplier. The Customer may deal with the Goods for the purpose of his/her own business, but if the Goods should be sold, the proceeds will be placed in a separate account earmarked for the Supplier. Should the Customer default in payment, the Supplier has a right of entry to the land and into the buildings of the Customer to retrieve the Goods.
Inspection of Goods. (a) The Customer should inspect the Goods on receipt and within 7 days advise the Supplier of any shortage or defect in material or workmanship. If no report is received within this timescale, the Goods shall be deemed to be delivered in accordance with the Contract. (b) Where the Supplier is reasonably satisfied that the Goods are not in accordance with the Contract or are defective in materials or workmanship, the Customer’s sole remedy, after payment in full of the invoice price, shall be limited as the Supplier may elect to either the exchange of the Goods or refund of the purchase price against return of the Goods.
Limited Warranty. (a) Manufacturer’s Responsibility. Unless otherwise expressly stated, the Supplier is not the manufacturer of the Goods. Any warranty with respect to the Goods (including hardware) is offered and provided by the original manufacturer, subject to the manufacturer’s terms and conditions. The Supplier will use reasonable efforts to pass on to the Customer the benefit of any applicable manufacturer’s warranty, to the extent the Supplier is permitted to do so. (b) Supplier’s Limited Warranty. The Goods are warranted by the Supplier against failure due to design faults, materials, or workmanship, provided that such failure is not due to misuse or operation under adverse or abnormal conditions. This warranty is limited to either (i) replacement of faulty materials or (ii) refund of the purchase price. The duration of this warranty is 12 months from the date of purchase on all items, except for refurbished or remanufactured products which are supplied with a 6-month warranty from the date of purchase. (c) Customer Remedies. Subject to the Customer having paid in full and complying with any applicable returns procedures, the Supplier’s obligation and liability for defective Goods under this clause shall be limited, at the Supplier’s sole discretion, to arranging repair or replacement (in accordance with the manufacturer’s warranty where applicable) or refund of the purchase price upon return of the Goods.
Specifications. Everything in the Supplier’s specifications, catalogues, brochures, photographs, etc. has been carefully prepared but their accuracy is not guaranteed and the Supplier shall not be responsible for any inaccuracies or omissions in or from such publications. The Supplier reserves the right to change specifications without prior notice.
Patents, Trade Marks, etc. The Goods are sold subject to the right of any person whether in respect of any patent, trademark, registered design, copyright or otherwise to prevent or restrict the sale or use of the Goods in any part of the world. The Customer will, in this respect, accept such title to the Goods as the Supplier may have.
Cancellation of recurring services. To cancel recurring services, 90 days’ notice before the start of a billing period is required.
Direct Debit. Customers not signed up to Direct Debit will be charged a £50 admin charge per invoice. If an agreement states that you must pay by Direct Debit, and the Direct Debit is not signed or is cancelled, the entire term of the agreement will be due.
Law. The Contract of Sale, whether verbal or written, shall be governed by English Law and the Courts of England shall have sole jurisdiction in respect of any dispute.
Limitation of Liability. (a) Non-Excludable Liabilities. Nothing in these Terms and Conditions shall exclude or limit the Supplier’s liability for (i) death or personal injury caused by the Supplier’s negligence, (ii) fraud or fraudulent misrepresentation, or (iii) any other liability that cannot be excluded or limited by law. (b) Exclusion of Certain Losses. Subject to sub-clause (a) above, the Supplier shall not be liable to the Customer (whether in contract, tort including negligence, breach of statutory duty, or otherwise) for:
any indirect, special or consequential loss;
any loss of profits, revenue, or business;
any loss of anticipated savings, goodwill, or opportunity;
any loss or corruption of data; or
any purely economic loss, arising out of or in connection with the supply or use of the Goods or any act or omission of the Supplier. (c) Cap on Liability. Subject always to sub-clause (a) above, the Supplier’s total aggregate liability to the Customer in respect of all losses arising under or in connection with a Contract shall in no circumstances exceed the total price paid by the Customer for the Goods or Services giving rise to the claim. (d) Manufacturer’s Warranty. To the extent that the Goods are covered by a manufacturer’s warranty, the Supplier’s liability shall be limited to (i) passing through the benefit of such warranty (as permitted by the manufacturer) to the Customer, and/or (ii) liaising with the manufacturer on behalf of the Customer to facilitate any repair, replacement, or refund, without prejudice to any other limitations or exclusions set out in these Terms. (e) Acknowledgement. The Customer acknowledges that the commercial terms and pricing in these Terms reflect the limitations and exclusions of liability set out herein, and that the Supplier would not be able to supply the Goods on such terms without such limitations and exclusions.
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