Terms & Conditions
Compuwight aim for 100% customer satisfaction and believe in being open and making our Customers aware of our standard Terms and Conditions. Please read these Terms and Conditions carefully as they will form the basis of a contract for the supply of Goods and Services. By placing an order with Compuwight you enter into a contract and agree to be bound by these Terms and Conditions. These Terms and Conditions shall supersede all earlier Terms and Conditions of Compuwight and shall take precedence over any Terms and Conditions of you the Customer.
The headings in these conditions are for convenience only and shall not affect their interpretation.
These Terms and Conditions shall be construed in
accordance with English Law. Any reference to any provision of a statute shall
be construed as a reference to that provision as amended, re-enacted or extended
at the relevant time.
”Customer” is defined as the person, firm or company that enters into these Terms and Conditions.
“Goods” is defined as the products, services or information provided by Compuwight.
“Quote” is defined as an offer to provide Goods at a Price, by verbal or written (includes text and email) means.
“Order” is defined as any request to provide Goods by verbal or written (includes text and email) means.
“Price” is defined as Compuwight’s quoted price.
BASIS OF THE CONTRACT
Unless otherwise provided for by law or statute a Contract shall come into existence when the Customer Orders the supply of Goods.
Compuwight has a policy of continuing product improvement and reserves the right to alter the specification of goods providing that the alteration provides at least the same or better functionality.
Any delivery date stated is only a warranty by Compuwight to use reasonable endeavours to effect delivery by that date. No Liability will be accepted by Compuwight for failure to meet a stated delivery date.
Customer agrees that Compuwight can act on any instructions given to Compuwight
by representatives of the Customer, even if these instructions were not
authorised by the Customer. The Customer must make sure that any instruction is
accurate and complete and Compuwight are not liable if this is not the case.
With the exception of the case in which Compuwight has been contracted to supply equipment specifically to meet your requirements, it is your responsibility to ensure the equipment purchased meets the needs for which it was intended, and Compuwight shall not be held responsible for any loss or damages of any nature arising from the use or misuse of any equipment supplied or installed by Compuwight, including the failure of goods to perform as expected.
Orders may only be amended or cancelled by the Customer with the agreement of Compuwight and on terms that the Customer shall indemnify Compuwight in full against all costs incurred.
Compuwight may cancel any Order without penalty by giving not less than three days notice to the Customer to expire at any time before the stated delivery date.
ACCEPTANCE OF THE GOODS
The Customer is responsible for inspecting all goods immediately upon delivery. Any claim by you which is based on any defect in the quality or condition of the goods or their failure to correspond with specification, shall be notified to Compuwight in writing within five days from the date of delivery.
If the Customer fails to take delivery of the Goods then, without prejudice to any other right or remedy available to Compuwight, Compuwight may: store the Goods until actual delivery or sell the Goods and invoice the Customer for any shortfall below the price quoted.
All risks and responsibilities for all goods pass to you immediately upon delivery.
Any software configuration, installation or virus removal carried out and demonstrated to the Customer as working correctly, is from that stage a completed task. If a similar fault occurs it will be treated as chargeable and will form a new contract.
TERMS OF PAYMENT
Payment is due upon delivery, unless a credit term has been agreed in writing at the time of Order. All Goods remain the property of Compuwight until all due funds have cleared. The Customer agrees that Compuwight, may enter premises at any reasonable time in order to recover Goods for which payment is outstanding. In the event of payment being overdue, Compuwight reserves the right to suspend all support obligations pertaining to that equipment (even if it is still under warranty) unless the account has been settled in full.
WARRANTIES AND LIABILITY
Compuwight guarantees that if within 12 months of being delivered a defect in any Product is discovered which is directly due to faulty goods or workmanship, then Compuwight shall at its option repair or replace the Product free of charge for labour and materials. Products covered by a direct warranty from the manufacturer are not covered by this guarantee; claims should be made directly with the manufacturer.
Compuwight does not guarantee second user equipment in any manner whatsoever. By accepting second user equipment, you indicate your satisfaction with the equipment, and no claims will be entered into whatsoever.
guarantee will be void should equipment be damaged due to incorrect installation
or use by the Customer. The guarantee expressly excludes repairs or adjustments;
should they be necessary following incorrect installation or use by the
Customer, and does not imply free tuition or instruction for new equipment.
Compuwight shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, misuse or alteration of the goods.
shall be under no liability in respect of any defect in the Goods arising from
any drawing, design or specification supplied by the Customer.
shall not be liable in respect of any breach of contract due to any cause beyond
its reasonable control including (but without limitation) act of God, inclement
weather, flood, lightning or fire, industrial action or lockouts, riot,
hostilities, pandemic, non-availability of goods and/or services or any other
event outside the control of Compuwight; and Compuwight shall not be held liable
for any breach of contract resulting from such an event.
OBLIGATIONS OF THE CUSTOMER
The Customer is responsible for maintaining accurate and frequent Backup copies of all Data. Compuwight will use reasonable endeavours to ensure safe handing of Customer’s Data. In the event that data is lost or damaged, irrespective of the circumstances, Compuwight will not be held liable for any direct or indirect losses sustained by the Customer.
The Customer shall supply to Compuwight all appropriate information, software licences and media as may be required by Compuwight to provide the goods as defined in the contract. Failure to provide such, may result in cancellation of the contract, at which point all costs will be payable.
LIMITATION OF LIABILITY
Except in respect of personal injury caused by Compuwight’s negligence, Compuwight shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Compuwight) and the entire liability of Compuwight under or in connection with the Contract shall not exceed the price of the Goods.
Compuwight accepts liability for any private property loss or damage, death or personal injury caused directly by the negligence or deliberate misconduct of Compuwight or its employees. Except for death or personal injury, this liability shall be limited to the lesser of £1000 or the Price Paid.
Compuwight shall not be liable for any financial consequential indirect or other losses suffered by the Customer or any third party whether such loss arises in contract or tort or in any other way.
If the services are to be provided in accordance with a specification submitted by the customer, the customer shall indemnify Compuwight against all loss, damages, costs and expenses awarded against or incurred by Compuwight in connection with or paid, or agreed to be paid, by Compuwight in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from Compuwight’s use of the customer’s specification.
Any typographical, clerical or other error or omission in any document or information issued by Compuwight shall be subject to correction without any liability on the part of the Compuwight.
In any event in no circumstances shall Compuwight be liable in contract tort or otherwise for loss (whether direct or indirect) of profits business or anticipated savings or for any indirect or consequential loss whatever.