@IT Terms and Conditions
1. General Terms
"The Company" means @I.T Ltd. Registered office 133 Parkstone Avenue, Poole, Dorset, BH14 9LP, VAT registration number 7304 14 571, company registration number 3727336.
"The Customer" means the individual, partnership, firm or company ordering or buying goods from the Company.
"The Goods" means the any products or services that the company has sold or is proposing to sell to the customer.
These terms and conditions shall apply to and be incorporated into every agreement between the company and the customer.
These terms and conditions supersede any previous terms and conditions of the company.
These terms and conditions shall take precedence over any terms and conditions of the customer and shall not be varied without the written consent of the company.
Placing an order or requesting delivery or other confirmatory conduct on behalf of the Customer shall constitute acceptance by the Customer of these terms and conditions.
2. The Price
- Prices quoted include the cost of normal packaging and delivery by post and VAT. The company shall be entitled to apply additional delivery charges where the customer requests partial delivery of an order. Prices quoted are those current at the time of quotation. The company shall be entitled to alter prices to those current at the time of order, or withdraw the quotation where the goods can no longer be supplied. The company shall be entitled to alter prices to correct errors or omissions.
- The Customer shall pay the Company the total amount of each invoice within 30 days of the date of the invoice delivered by the Company failing which the Company shall charge interest at the rate of 4% per annum above Lloyds TSB Bank Plc base rate from time to time in force on any overdue amount and the interest shall remain due to the Company not withstanding late payment of the original price of goods on any invoice.
- Where a price is quoted for delivery then unless expressly agreed in writing by the Company delivery shall be to ground floor only of the Customer's address who shall also ensure that there is an authorised representative at that address to accept and sign for the delivery of goods.
- The Customer is not permitted by reason of any purported claim under any contract against the Company to withhold the payment of the price of any goods or to claim setoff against due payment to the Company.
- The Company may at its discretion issue credit notes or grant refunds to the Customer.
- Risk of loss or damage to the goods pass to the Customer upon delivery by the Company and the Customer shall insure accordingly.
- The Customer shall carefully examine the goods upon delivery and notify the Company in writing within 3 business days of any defect or shortfall failing which the Company shall accept no responsibility in respect of such matters.
- Delivery dates mentioned in any quotation order or other documents are approximate only and not of any contractual effect.
- Non-delivery of the goods on the delivery dates agreed as in Clause c. above does not entitle the Customer to do any of the following: reject the goods, terminate the contract, withhold payment of any part of the contract price, and the Company also reserves the right to deliver goods prior to any delivery date mentioned on giving reasonable notice to the Customer.
4. Loss or Damage in Transit
- The company will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to the company within three working days of delivery or expected delivery.
- In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by the company or it's representatives on request.
5. The Company's Liability
The Company limits its liability in accordance with the following provisions.
- The Company shall not be liable for any consequential or indirect loss suffered by the Customer whether this loss arises from breach of express or implied duty in contract or tort or in any other way (including loss arising from the Company's negligence).
- The Company's total liability shall not exceed the value of the goods as set out in the Company's invoice. After accepting liability in respect of goods the Company shall have the option of refunding the goods price to the Customer or of replacing the goods in question within a reasonable time and any replacement goods shall be accepted by the Customer in substitution for any rights in respect of the replaced goods.
- The Customer is not entitled to reject the goods or any part of them for
The Company have an absolute discretion of whether to accept any returned goods or issue a refund to the Customer.
- breach of Section 13 of Sale of Goods Act 1979 relating to description
- breach of Section 14 of Sale of Goods Act 1979 relating to merchantable quality and fitness for purpose
- breach of any express term relating to the description or quality of the goods
- any misrepresentation relating to the description or quality of the goods
unless the goods delivered are substantially different in nature from the contract goods and the Customer is under a duty to ensure that the goods ordered from the Company will suit the Customer's requirements.
The company shall be entitled by notice in writing to terminate any agreement without prejudice to any claim or right the company may otherwise make or exercise where
- The customer is in breach of any term, condition or provision of this agreement or required by law.
- The customer shall go into liquidation, or if any petition or resolution to wind up the customer shall be presented, or if a receiver is appointed, or if the customer shall commit any act of bankruptcy.
7. The Law
This contract and these conditions shall be governed and construed in accordance with the law of England and Wales and the Customer shall ensure it complies with all requirements of the said law or regulations appertaining to the possession or use of goods delivered to it by the Company in particular those regulating proprietary rights and of data protection.
8. Force Majeure
- The Company accepts no liability for failure to deliver the goods arising from circumstances outside the Company's control. Non-exhaustive illustrations of the circumstances are Act of God, war, riots, explosion, abnormal weather conditions, fire, flood, strikes, lockouts, government action or regulations (UK or otherwise), delay by suppliers, accidents and shortage of materials labour or manufacturing facilities.
- If the Company is prevented from delivering in the above circumstances it shall notify the Customer of the fact in writing within seven calendar days commencing with the contractual delivery date.
- If the circumstances preventing the delivery are still continuing three months from and including the date the Company sends such notice then either party may give notice to the other cancelling the contract. Such written notice must be received whilst the circumstances are still continuing.
- If the contract is cancelled in this way the Company shall refund any payment which the Customer has already made on account of the price subject to deduction of any amount which the Company is entitled to claim from the Customer but the Company accepts no liability to compensate the Customer for any further loss or damage caused by the failure to deliver.
- Even where goods have been delivered and the customer is responsible for any loss, destruction of or damage to them, the legal and beneficial ownership of the goods will remain with the company until the company has received payment in full of :-
Until the customer becomes the owner of the goods in accordance with 9.1 above, the customer shall
- all amounts payable to the company in relation to the agreement, and
- all other amounts due from the customer to the company in respect of any and all other agreements.
After the company has repossessed any goods it may sell them and the proceeds of sale will belong to the company absolutely and the customer will have no right or interest in those proceeds. If the net proceeds received by the company are less than the amount payable to it in relation to the agreement, it may recover the balance from the customer.
The customer will become responsible for any loss, destruction of or damage to any goods on their delivery.
If ownership of the goods has not passed to the company, in the event of any loss, destruction of or damage, all insurance proceeds receivable by the customer in respect of the goods shall be held in trust by the customer for the company in a separate account and first be applied towards discharging any sums payable under the agreement.
Even if ownership of the goods has not passed to the customer, the company may recover all sums payable to it in relation to the agreement.
- hold the goods on behalf of the company, who may, at any time and without prior notice, require the customer to deliver the goods to the company and, if it fails to do so, enter the premises where the goods are situated with its representatives to repossess the goods;
- not sell, part with possession of, use, or do anything else detrimental to the company's ownership of the goods and will ensure that they are kept separate from any other item, properly stored, protected and clearly identified as the company's property, and are insured to their full replacement value against all normal comprehensive risks.
10. Sales information
- All pictures, photos, and other information contained on the website, sales literature and price lists are representative, for guidance only and do not form part of this agreement.
- The customer should check specifications, compatibility, suitability and legality of goods with manufacturers before ordering. Any advice or opinion offered by the company or its representatives should not be relied upon to make a purchasing decision.
Please do not send goods back to us without an authorised returns number.
- You should inspect your order when you receive it for defects or any damage. If you find a defect or any damage in your deliveries from us then you must contact us no later than within 3 working days of receiving the relevant product(s). We will then issue you with an authorised returns number and arrange for the product's return to us at no cost to you. Do not send goods back to us without an authorised returns number. If the goods are found to be damaged prior to delivery to you, or defective in any way (unless such defect or damage is caused by you), we will (at our discretion) replace the goods or refund the price you paid.
- If you wish to exchange goods that you have purchased from us then you must contact us no later than within 3 working days of receipt of the relevant product(s). We will then issue you with an authorised returns number at our discretion. You must arrange to send the product(s) back to us at your expense and you must ensure that they are unused, undamaged and in exactly the same state that you received them in. To prevent incidence of software piracy, opened products will not be exchanged. Upon receipt of the unopened goods in original condition you will be credited with the value that you paid for them less a handling charge of £15.