Our general terms and conditions of business. These terms apply to everything we do, although product and service-specific terms may also apply.
These terms govern all our dealings with you as a customer. It is important that you know and understand these terms. Computercentric pride ourselves on transparency, and we know you don't want to have to read through reams of statements and clauses, so here are the main points of this document:
• The price agreed on our order documents is final, unless you decide to change what is being supplied / developed.
• The manufacturer, not Computercentric is responsible for any product warranty. Computercentric may offer to assist and advise in the event of a warranty claim.
• Invoices must be paid according to the terms stated on the invoice otherwise we can collect unpaid goods and withdraw services.
• Computercentric are not liable for any loss or damage you may suffer.
• Ownership of goods does not pass to the customer until paid for in full.
• Liability for goods passes to the customer on receipt.
• Although we may advise solutions, it is your responsibility to ensure these solutions are fit for purpose and used legally within your organisation.
• We won't sell your data to anyone, but we might send you information which may be useful to you. If you no longer want to receive this information, just tell us.
If you do like reams of statements and clauses, please continue!
Customer - The organisation who agrees to purchase goods or services from Computercentric Ltd.
Computercentric - Computercentric Ltd, registered at Anchor House, Anchor Road, Aldridge, WALSALL WS9 8PW.
Sales Order / Quotation - Document stating the goods / services to be supplied.
Invoice - Document requesting payment for goods / services.
2.1 These conditions shall form the basis of the agreement between Computercentric and the customer in relation to the sale of goods and services, and the provision of support. Further terms and conditions of use may apply in addition to these, in relation to particular services such as web hosting and connectivity services.
2.2 All sales orders and quotations shall be deemed to be an offer by the customer to purchase goods and services pursuant to these conditions.
2.3 Acceptance of a sales order or quotation shall be deemed to include acceptance of these conditions.
2.4 These conditions supersede any other conditions previously agreed.
2.5 These conditions are subject to change, which will be notified in writing to the customer.
2.6 Other services such as telephony and connectivity services will have their own terms and conditions of use which can be supplied on ordering, or on request.
2.7 These term and conditions may be supplemented by additional terms and conditions specific to the service or services concerned.
3. Price and charging for support and installation work
3.1 The price stated on an agreed sales order or quotation is final, and will be subject to VAT at the rate in force at the time of the invoice date.
3.2 Acceptance of these terms indicates acceptance of our standard rates which can be provided on request.
3.3 Chargeable off-site and on-site time will be charged at our standard rates based on the number of hours or part-hours.
3.4 If the customer requires Computercentric to obtain a Purchase Order or approval from appointed staff prior to commencing work this must be indicated to Computercentric.
3.5 For ad-hoc, non-quoted work, Computercentric will provide a job visit report on completion of a chargeable site visit. This will detail the time of attendance and the work completed. Once approved by the customer this will form the basis of the job invoice and will not be questioned by the customer.
3.6 Computercentric reserve the right to charge for travelling time for customers with a regular support agreement. This will only apply to exceptionally long or occasional journeys which the customer requires Computercentric to make. In this event, notification will be made to the customer beforehand of the expected travelling expenses.
4. Payment & Returns
4.1 Payment of invoices is strictly on agreed terms. These terms of payment will be stated on each invoice.
4.2 Computercentric reserve the right to charge a nominal finance charge to cover costs, plus interest on unpaid balances at a rate equivalent to the prevailing Bank of England Base Rate plus 5%.
4.3 Any invoice disputes must be advised by email or by post within 14 days of the invoice date in order that we can resolve any disputes fairly and quickly.
4.4 Computercentric reserve the right to alter credit terms without agreement or prior notice.
4.5 Computercentric reserves the right to terminate services in the event of non-payment of any invoices, and accepts no liability for loss or damage which may occur as a result of the withdrawal of such services.
4.6 With effect from February 2017, all recurring service invoices must be settled by means of a Direct Debit mandate. In rare circumstances where this may not be possible, for example, the absence of a suitable business bank account, other payment methods are acceptable, with the inclusion of a 5% non-Direct Debit administration fee.
4.7 As the majority of products we sell are bought to order, Computercentric reserve the right to charge a restocking fee should you wish to return goods that you no longer require. Restocking fees vary between 10% and 50%, dependent on the supplier. We may offer to accept an item back into our own stock at 0%, at or discretion, in the case of items that we can easily resell.
4.8 In the case of a faulty item, Computercentric will work with the supplier to obtain a fix or replacement on your behalf. If a supplier agrees a fix is not possible, and is happy to authorise a full refund, we will refund your purchase price and help you obtain a suitable replacement.
5.1 Computercentric do not provide any hardware or software warranties, however we may act on behalf of the customer to obtain fixes or repairs under the terms of a manufacturer's warranty.
5.2 In the presence of a suitable support agreement, Computercentric may decide to act to the contrary, however it is accepted that it is the responsibility of the customer to liaise with the manufacturer in the event of any warranty claim.
5.3 In the event of a hardware failure outside of the manufacturer's warranty period, Computercentric may offer to liaise with a manufacturer on behalf of the customer to obtain a quotation for repair, however any associated costs, and the decision to proceed with such a repair are the responsibility of the customer.
6.1 Computercentric shall under no circumstances be liable for any loss, damage, expense or injury of any kind in excess of the order value, be it direct, consequential or otherwise arising in connection with the act of supplying, installing or maintaining equipment or services.
6.2 If Computercentric offer Live Support as a means of resolving a problem, providing advice or demonstrating software, and your representatives accept this invitation, you accept that whilst all reasonable measures have been taken to ensure this system is problem free, Computercentric shall not be liable to the customer for any loss, damage or disruption experienced by the customer as a result of using our Live Support system.
6.3 Computercentric gives no assurance as to the suitability or compatibility of any hardware or software.
6.4 Except where the customer is dealing as a consumer (as defined in the Consumer Rights Act 2015, c15, s2(3)) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of goods, whether implied by Statute, Common Law or otherwise are excluded.
6.5 Whilst Computercentric may monitor and advise on the performance of any backup solutions, it is the responsibility of the customer to ensure that all data that is required to be backed up is included in any backup routine, and that the backup routine is functional and recoverable.
7.1 Computercentric does not guarantee the date of delivery or supply of its products or services. Reasonable efforts will be made to adhere to agreed dates, however Computercentric cannot take responsibility for the actions of its suppliers and couriers.
7.2 Unless otherwise agreed in writing, Computercentric shall not be liable for any loss or damage to the customer's equipment in the event that it is removed to our premises for work.
7.3 Carriage will be due on all sales which are delivered to the customer's premises at the rate stated on the sales order / quotation.
8. Title and risk
8.1 Title to all goods does not pass to the customer until said goods are paid for in full.
8.2 Liability for the safekeeping of goods shall pass to the customer on receipt of goods. The customer must ensure they have sufficient insurance in place to protect the goods.
8.3 Computercentric may at any time before title passes, and without liability to the client repossess, dismantle and re-use any equipment or software. In this event, the customer agrees to facilitate inspection and collection of goods by Computercentric.
8.4 Where Computercentric are providing a bespoke solution, title to the solution is transferred to the customer upon receipt of full payment. Computercentric reserve the right to charge a reasonable fee to cover the costs of transferring source code and raw data to the client, should this be required.
9.1 It is the responsibility of the customer to ensure data is safe and has been backed up satisfactorily prior to Computercentric undertaking any work.
9.2 Computercentric may recommend, install and monitor methods of data backup, however Computercentric shall not be responsible for the failure of such systems and any costs incurred as a result.
10. Transfer of Services / Change of Billing Details
10.1 Computercentric will amend billing details for the provision of services only if the account is in good standing and no invoices remain unpaid outside of our payment terms.
10.2 If the new details relate to a new business entity, this is treated as a transfer of service. All existing and applicable contracts with the losing party must be re-negotiated and agreed with the receiving party.
10.3 If the new details relate to a new business entity, and in the absence of authorisation from the losing party, the receiving party must be able to provide evidence that title to any data, licences or hardware and software is maintained.
11.1 Computercentric may recommend and assist with the correct licensing of software, however it is the responsibility of the customer to ensure that any software in use is licensed accordingly, and is used in compliance with the license.
12.1 Although Computercentric may provide advice, It is the customer's responsibility to ensure that all applicable civil liability legislation and personal privacy safeguards are complied with when using software supplied by Computercentric, both those enshrined in UK and EU law, and those included in any telecoms service contracts entered into by the client.
12.2 Computercentric will not disclose, publish or pass on in any way, sensitive information which we may acquire in the course of our work with the customer.
12.3 Computercentric may use the customer's own details for the purposes of information updates, communication and in-house marketing, however we will never pass these details on to a third party.
12.4 Any data subject access requests can be submitted to firstname.lastname@example.org. Or addressed to the Managing Director at our registered office address, Anchor House, Anchor Road, Aldridge WS9 8PW.
13.1 The client will indemnify Computercentric, its staff, contractors and representatives for any loss or damage suffered or incurred on its premises as a result of the customer's failure to adhere to recognised guidelines and laws.
14. Force Majeure
14.1 Computercentric shall not be liable to the client for any loss or damage which may be suffered by the client as a result of the delivery of goods, materials or the execution of an order being delayed, prevented, hindered or made uneconomical by reason or circumstances or events beyond our control including, but not limited to:
(i) acts of God, riot, strike, lock-out, trade dispute, labour disturbance, restriction or ban on overtime, accident, fire, flood or storm difficulty or increased expense;
(ii) failure by the customer to give adequate instructions or supply the necessary information in due time;
(iii) failure by any third party to carry out their part of the work or otherwise perform their obligations when required;
15.1 Any waiver by Computercentric of any of these conditions shall be valid only if given in writing.
16.1 Computercentric and the customer believe that these conditions are reasonable. If any provision shall be held to be contrary to applicable law, such provision shall be severed from the remainder and the remainder shall continue in full force and effect.
16.2 Computercentric reserves the right to cease to provide goods or services to the customer.
16.3 For rolling support agreements - the customer may cancel this agreement at any time, however any remaining part month for which services have been provided will be chargeable.
16.4 For fixed-term support agreements – the customer may cancel the contract at any time, however the balance of the agreed contract value will be due.
17. Notices and amendments
17.1 Any notice hereunder shall be deemed to have been duly given if sent pre-paid first class post, fax or e-mail to the party concerned at the address specified.
18.1 All contracts to which these conditions apply shall be governed and construed in accordance within the laws of England and Wales, and the parties hereby submit to the jurisdiction of the courts of England and Wales.