Terms & Conditions
1. Definitions
1.1 "Buyer" means the person who buys or agrees to buy the goods from the Seller.
1.2 " Conditions " means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3 "Delivery Date" means the date specified by the Seller when the goods are to be delivered.
1.4 "Goods" means the articles, which the Buyer agrees to buy from the Seller.
1.5 "Price" means the price for the goods excluding carriage, packing, insurance and VAT.
1.6 "Seller" means Simtech Computer Systems Ltd of 8 Lenham Gardens, Garlinge, Margate Kent. CT9 5LT.
2. Conditions applicable:-
2.1 These conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all their terms and conditions including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions
2.3 Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions. If goods are rejected or not called for a restocking charge shall apply.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3. The Price and Payment
3.1 The price shall be the Seller's quoted price. The price is exclusive of VAT which shall be due at the rate ruling on the date of the Seller's invoice. The Seller reserves the right to amend prices at any time without prior notice. Errors and omissions are excepted. Any item(s) which is quoted at £0, shall be deemed as an error and no order shall be accepted for any such item(s). Any order sent to Simtech Computer Systems Ltd by whatever means, eg. Post, E-Mail , telephone etc. shall be deemed as an offer in response to our invitation to treat from whatever sources (printed advert, Internet site etc) and therefore we reserve the right to not accept any offer that maybe made to them.
3.2 Payment of the price and VAT shall be due and payable on the date of the invoice. Time for payment shall be of the essence.
3.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment. At a rate of 4% above TSB\Lloyds Bank Plc's base rate from time to time in force and shall accrue at such a rate after as well as before any judgement.
4. Orders
4.1 Written confirmation of telephone orders must be clearly marked as such. In default the Seller shall not be held responsible for duplication of an order.
4.2 In the event the buyer wishes to cancel an order the Seller reserves the right to apply a cancellation charge. The buyer must obtain a cancellation number from the Seller.
5.The Goods
5.1 The quantity and description of the goods shall be as set out in the Seller's quotation. Errors and Omissions excepted.
5.2 The buyer will ensure that the goods purchased are suitable and compatible with his requirements
5.3 Goods are supplied on the basis that the Buyer is competent in installing them and wherever necessary carrying out diagnostic tests.
6.Warranties and liability
6.1 The Seller warrants that the Goods at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all other warranties conditions or terms relating to fitness for purpose, merchantability or condition of the Goods and whether implied by statute or common law or otherwise are excluded.
6.2 Where the Buyer is dealing as a consumer (as defined in the Unfair Contracts Term Act 1977 Section 12) the Seller will replace , repair or refund strictly at the Seller's option any item found to be faulty within twelve months from the original invoice date, provided that the goods are returned to the Seller in accordance with the 'Returns Policy' Clause and the goods have not been mis-used, tampered with, improper application, neglected and/or physically damaged. Normal wear and tear will not be covered by the warranty i.e. mouse, joystick. The replacement will be to the original specification or above at the Sellers discretion. No refund shall be given unless the goods are returned to the Seller, with all documentation, software and accessories in the original packaging.
6.2.1 The warranty period between the Buyer and the Seller is strictly 12 months from purchase invoice date, regardless of any warranty replacements. This warranty can be extended by the Seller and would be communicated by the Seller either by post, email or fax to the Buyer. Acceptance of any warranty is only deemed as accepted when all monies due are paid and cleared by TSB\Lloyds Bank Plc.
6.3 In the case of hard drives which require replacement, these shall be to the same capacity or higher and not necessarily of the same specification or manufacturer.
6.3.1 All CD-ROMs are sold as "thirty-six" , "fifty", "fifty-two " etc. and a warranty replacement will be of the same type \ speed, etc. Not necessarily of the same specification or manufacturer.
6.4 If a faulty item is to be repaired then the Seller may take a reasonable time to effect such repair, which may include the time taken to return it to the original supplier. The Seller shall not be liable for any loss incurred whilst the goods are being repaired and tested.
6.5 The Buyer shall take necessary precautions to back-up the data, the Seller shall not be liable for any loss resulting from equipment failure.
6.6 The buyer shall take necessary Anti-Static precautions when handling any electronic component. Any damage as a result of improper handling will void any warranty.
7. After Sales Service / Returns Policy
7.1 The technical department is open between 9am and 9.30pm Monday to Saturday during which time the Buyer can telephone the technical department.
7.2 Where goods are supplied in component form, Warranty will only be honoured providing the goods are returned in component form with individual fault reports. Normal hourly rates apply for any additional Support.
7.3 The Buyer shall obtain a Returns Material Authorization number (RMA) from the Seller before returning any goods. Goods received without a valid RMA no. shall be rejected and returned to the Buyer.
7.4 The Buyer shall provide the sales invoice and the serial number on which the goods were purchased, upon verification by the Seller, the Seller shall issue a RMA no. which shall be valid for a period of thirty days.
7.5 The goods shall be returned to the Seller at the Buyers expense, sufficiently packaged so as to avoid damage in transit, with the original documentation, software and accessories. A valid RMA no. should be clearly displayed on the outside of the package. The Seller shall not be liable for loss or damage whilst in transit to the Seller's address.
7.5.1 If the Buyer returns the goods in person, these goods must be left with the Seller for testing. No goods shall be tested 'on the spot' whilst the customer waits .An RMA number will be issued upon receipt of the sales invoice number. No goods can be left without proof of purchase.
7.6 Upon receipt of the goods by the Seller, the Seller shall repair or replace at the Sellers discretion and shall be returned to the Buyers original invoice address. Goods received by the Seller which are damaged, incomplete or not of the Seller's origin shall not be processed and arrangements for their return to the Buyer shall be made.
7.7 In the event that the goods are returned and subsequently tested and found to be free of any faults the Seller shall make a minimum charge of £15.00 plus VAT and the return carriage charge. No goods shall be returned without payment of these charges. In the event that payment has not been made within 21 days of notification of the no fault found charge, the goods shall be disposed of without any liability to the Seller.
7.8 The Seller shall reserve the right to refuse to restock any goods which have been:-
- i) Supplied in accordance with the Buyers order.
- ii) Returned incomplete.
- iii) Returned not in manufacturers packaging or defaced packaging.
- iv) Returned in a non-resalable condition.
7.9 Goods which are returned for restocking will be charged a minimum of 10% restocking fee (min. £15 plus VAT). The Seller shall reserve the right to refuse to restock any goods which are incomplete and/or not in their original packaging.
7.10 Simtech Computer Systems Ltd Warranty applies to the system only. ie. Monitor, Keyboard and Base Unit. All other components are covered by our standard Return To Base warranty.
8. Out Of Warranty Repair & Upgrades
8.1 Where a Buyer authorized the Seller to carry out repair work not covered under any warranty or upgrades; The warranty shall apply only to the parts fitted to the system at this time and not the full system or any other part of the system. The warranty on parts fitted at time of upgrade shall be in accordance with the sellers standard component return to base warranty detailed in clause 6 & 7.
8.2 The period of labour warranty is 14 days from the date of the purchase invoice
9. Delivery of Goods
9.1 Delivery of Goods shall be made to the Buyer's address on the Delivery Date. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
9.2 Where the goods are being despatched via a carrier the time quoted shall be for a nominal service and not guaranteed within a time scale No refund in full or part shall be offered as a result of late delivery by the carrier.
10. Acceptance of Goods
10.1 The Buyer shall be deemed to have accepted Goods 24 hours after delivery to the Buyer.
10.2 The Buyer shall advise in writing within 3 days of receipt of the Goods any discrepancies in specification from the Goods ordered, after which it shall be deemed acceptance of the goods as the specification supplied. After this period, the Buyer shall not be entitled to reject Goods which are not in accordance with the Contract. The buyer must check the specification of goods received against the goods ordered prior to using the goods as this will deem acceptance.
10.3 The Seller will not consider any claims for shortage of delivery or damage in transit unless written notice is given to the carrier and Seller within three days of the receipt of goods. In this condition time shall be deemed to be of the essence.
10.4 The Seller undertakes to deliver Mail Ordered goods to the delivery address, as opposed to an individual. A signature provided by an individual at the delivery address will deem acceptance of goods.
11. Title and risk
11.1 The Goods shall be at the Buyer's risk as from delivery.
11.2 In spite of delivery having been made, property in the Goods shall not pass from the Seller until;
11.2.1 the Buyer shall have paid the price plus VAT in full; and
11.2.2 no other sums whatever shall be due from the Buyer to the Seller
11.3 Until property in the Goods passes to the Buyer in accordance with Clause 11.2 the Buyer shall hold the Goods and each of them on fiduciary basis as bailee for the Seller. The Buyer shall store the Goods (at no cost to the Seller) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Seller's property.
11.4 Notwithstanding that the Goods (or any of them) remain the property of the Seller the Buyer may sell or use the Goods in the ordinary course of the Buyer's business at full market value for the account of the Seller. Any such sale or dealing shall be a sale or use of the Seller's property by the Buyer's own behalf and the Buyer shall deal as principal when making such sales or dealings. Until property in the Goods passes from the Seller, the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Seller's money.
11.5 The Seller shall be entitled to recover the price (plus VAT) notwithstanding that the property in any Goods has not passed from the Seller.
11.6 Until such time as property in the Goods passes from the Seller to the Buyer shall upon request deliver up to such of the Goods as have not ceased to be in existence or resold to the Seller. If the Buyer fails to do so the Seller may enter upon any premises owned occupied or controlled by the Buyer where the Goods are situated and repossess the Goods. On the making of such request the rights of the Buyer under Clause 11.4 shall cease.
11.7 The Buyer shall not pledge or in any way charge by way of security for and indebtedness any of the Goods which are the Property of the Seller. Without prejudice to the other rights of the Seller, if the Buyer does so all sums whatever owing by the Buyer to the Seller forthwith become due and payable.
11.8 The Buyer shall insure and keep insured the Goods to the full price against "all risks" to the reasonable satisfaction of the Seller until the date that property in the Goods passes from the Seller and shall whenever requested by the Seller produce a copy of the policy of insurance. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.
11.9 The Buyer shall promptly deliver the prescribed particulars of this contract to the Registrar in accordance with the Companies Act 1985 XII as amended. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.
12. Force Majeure
12.1 The Seller shall not be liable in any respect whatsoever for delay in the performance of, or the failure to perform, any obligation pursuant to any order or contract, in each case, as a result of circumstances beyond its control. If such circumstances delay or prevent the performance of any obligation under any order or contract for 30 days or more, the Seller shall be entitled by written notice to cancel or terminate such order or contract or its outstanding obligations thereunder.
13. Remedies of Buyer
13.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which confirm to the contract of sale.
13.2 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of these Goods.
13.3 The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.
14. Proper Law of Contract
This Contract is subject to the Law of England and Wales.