1.1 The “Buyer” means the account applicant or person who accepts a quotation, bid, offer of the Seller or whose order for the Goods is accepted by the Seller including written, phone, online or by all other known mediums.
1.2 The “Seller” or Supplier or Service Provider means TCS, cadservices.co.uk, cadandbim.co.uk or any other trading name of TCS CAD & BIM Solutions Limited (formerly known as Teesside CAD Services Limited).
1.3 The “Manufacturer” means the brand name, vendor or original product manufacturer of the product/goods or system, such as HP (Hewlett Packard, Contex, Autodesk, Xativa, Microsoft etc..).
1.4 “Conditions” means the conditions of sale set out in this document and any special and/or additional conditions agreed in writing by the Seller.
1.5 “Good” or “Goods” means the goods, product(s), service(s) (including any instalment of goods or any parts for them) which the Seller is to supply in accordance with these Conditions.
1.6 The “Client” means the account applicant or person, company, business, firm who accepts a quotation of the Seller or whose order for the Goods is accepted by the Seller.
1.7 “Product” or “System” Model" means the goods, parts, computer, printer, subscription, electronic licence or paper etc.. (including any instalment of system or any parts for them) which the Seller is to supply in accordance with these Conditions.
1.8 “Service” or “Bureau Services” Consultancy Service", and or Design Service means delivery of service, such as installation, training, equipment repair and set-up service, drawing production or design service etc.. (which may include some parts) which the Seller is to supply or deliver in accordance with these Conditions.
1.9 “Hardware” or “Software” or “Supplies” means like computer, Printer, or AutoCAD programme, software subscription (rental or perpetual), electronic licence (rental or perpetual), Software retail box or inks, papers etc,, which the Seller is to supply in accordance with these Conditions.
1.10 “Writing” includes facsimile transmission, [email] and other comparable means of communication.
1.11 “including” and “in particular” shall be construed as not limiting any general words or expressions in conjunction with which either of those expressions is used.
2.1 These conditions shall apply to all contracts for sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any which the Buyer may purport to apply under any purchase order, confirmation of order or any such similar document.
2.2 Where the Seller has agreed to provide the Buyer with design, installation, training or other consultancy services, then the provision of such services would mainly be according to these terms and conditions unless otherwise agreed elsewhere.
2.3 No variation or addition to these Conditions shall be effective unless agreed in Writing by the Seller.
2.4 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing and in entering into the contract the Buyer acknowledges that it does not rely on any such representations, which are not so confirmed.
2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, email, web site acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller and without any prior notification. The views and opinions expressed in any sales literature or on the Seller’s website are the views of the contributors and should not be taken necessarily as fact.
2.6 No contract for the sale of Goods shall arise until the Seller despatches the Goods to the Buyer or the Buyer notifies the Seller in writing of its acceptance of the Seller’s quotation (whichever shall first occur).
2.7 Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these and manufacturers Conditions.
2.8 Nothing in these conditions shall effect the statutory rights of any person (buyer) or customer acting as a consumer. Please note in our conditions statutory rights do not protect those customer of business to business transactions, trade, business and commercial use – see section 4 Payment.
3.1 The price shall be that on the Seller’s current list price or as otherwise agreed in writing by the Seller and the Buyer should confirm prices (including any promotional prices and special offers) at the time of ordering. All special offers are strictly subject to availability and not returnable, unless agreed otherwise.
3.2 The Seller reserves the right to revise prices prior to despatch of Goods to reflect any indirect or direct increase in costs to the Seller but if the price has been paid in full prior to despatch no price revision may take place without the prior written agreement of the Buyer.
3.3 All prices are exclusive of VAT (UK RATE) and charges for packing, postage and carriage (plus VAT) shall be paid in addition. Most export orders are exempt from paying the VAT, subject to further confirmation.
3.4 Website pricing may differ to sales literature pricing. Errors and omissions excepted (E&OE) in all our communications and marketing materials including our company web sites.
4.1 30-day credit accounts are available to corporate customers, multinational companies, councils, utilities, colleges and all public sector bodies. Any business may apply for credit subject to trading history and credit approval.
4.2 In the case of sales to general buyers who do not qualify for credit accounts, payment must be made in full before the despatch of any Goods.
4.3 Payment may be made by cash, electronic transfer, cheque, visa, MasterCard, delta or switch. We may charge up to 2.0% fee on payments made by credit cards**.
4.4 In the case of sales made to customers with credit accounts, payment is due in full on the terms of credit agreed which shall not be more than 30 days from the date of the invoice unless otherwise agreed in writing by the Seller notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Buyer.
4.5 Time for payment shall be of the essence and any failure to pay shall entitle the Seller at his option to treat the contract as repudiated by the Buyer, to delay delivery until paid or appropriate any payment made by the Buyer to such of the Goods as the Seller may think fit notwithstanding any purported appropriation by the Buyer (without prejudice to any other remedy that the Seller may have). Receipts for payment shall be issued only on request.
**With ref to UK 2018 Consumer Rights Regulations (payment of surcharges), the ban on surcharges does not apply to payments made using commercial, business or corporate credit cards and to business to business contracts like this one. We believe our goods, products and services are only suitable for trade, business and commercial sector use but if in case any of your purchase is purely consumer related then please inform us before completing your purchase. So in order to avoid any charges you may arrange alternate payment method such as; bank transfer, debit card or by cheque.
5 Interest on overdue invoices
5.1 Interest on overdue invoices shall accrue on any unpaid amounts from the date when payment becomes due at 8 per cent per annum above Bank of England base rate from time to time until the date of payment (a part of a month being treated as a full month for the purpose of calculating interest), to accrue both before and after any judgment.
5.2 All invoices shall be paid in full, free from any deduction for any set-off, counterclaim or otherwise howsoever.
6.1 Whilst every reasonable effort shall be made to keep to any estimated delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
6.2 Notification of delivery may be made by telephone call/message, email,online or by post on the due date.
6.3 A carrier’s first attempt to deliver shall be considered as the delivery date and unless otherwise agreed in writing by the Seller all deliveries can take place up until 6 pm.
6.4 Unless otherwise agreed the Seller may deliver by instalments and in such case each instalment shall be treated as a separate contract and any delay, default or non-delivery in respect of any instalment by the Seller shall not entitle the Buyer to cancel the remainder of the contract.
6.5 Failure by the Buyer to pay for any instalments or delivery when due shall entitle the Seller to withhold any further deliveries and the Buyer shall be liable for any costs incurred by the Seller relating to such Goods.
6.6 Delivery of the Goods shall be made to the Buyer’s address and the Buyer shall make arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.7 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control) then, without prejudice to any other right or remedy available to the Seller, the Seller may:
6.7.1 store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
6.7.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the contract or charge the Buyer for any shortfall below the price of the contract.
6.8 The method of despatch for all sales shall be at the Seller’s discretion.
6.9 The Seller’s delivery charges and the timing of all deliveries shall be as published from time to time. Any promotional offers in respect of delivery charges shall only apply to UK mainland and Northern Ireland.
6.10 A delivery insurance charge, as published from time to time, shall be added to orders at the Seller’s discretion and is non-refundable.
7 Ownership and Risk
7.1 The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller’s premises at the Buyer’s request.
7.2 The Seller remains the owner of the Goods affected by the contract until the Seller has been paid in full in cash or cleared funds for such Goods and all other Goods agreed to be sold by the Seller to the Buyer for which payment is due.
7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property.
7.4 If any payment due under these Conditions is overdue in whole or in part, the Seller may without prejudice to any of its other rights recover and/or re-sell the Goods or any of them and may enter on the Buyer’s premises by its servants or agents to recover the Goods and the Buyer shall be liable for all the Seller’s costs of so doing.
7.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) immediately become due and payable.
7.6 In case of software supply, the buyer is licenced to use the software only but is not allowed to develop, customise interface sell or resell software as part of solution without further agreement. Buyer is also not allowed to decompile software or copy its structure, design or its coding or will not release the software contents to third parties.
8 Warranties and Liabilities
8.1 Subject to the conditions set out below the Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
8.2 The above warranty is given by the Seller subject to the following conditions:
8.2.1 the Seller shall be under no liability in respect of any defect in the Goods or Service (s) provided, arising from any design error, computer data, files or specification supplied by the Seller;
8.2.2 the Seller shall not be under liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in writing), misuse, use of third party parts or comsumables, alteration, or repair of the Goods without the Seller’s written approval;
8.2.3 the Seller shall be under no liability under the above warranty (or any other warranty, conditions or guarantee) if the total price for the Goods has not been paid by the due date for payment;
8.2.4 Where the Goods are covered by manufacturer’s warranties, details of which will be supplied to the Buyer on delivery of the Goods the Buyer shall only be entitled to the benefit of such warranties or guarantees as are given by the manufacturer to the Seller.
8.3 Buyers of for example HP (Hewlett Packard) products are mostly supplied with HP Warranty (“the standard Warranty”) by the Seller, details of which are included with delivery of the system or unit. Where there are any conflicting terms with these Conditions, the HP warranty shall prevail.
8.4 Subject as expressly provided in these conditions and except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, section 12) all warranties, conditions, or other terms implied by statute, common law or otherwise are excluded to the fullest extent permitted by the law.
8.5 Where Goods are sold to a consumer (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these Conditions.
8.6 Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be held responsible for any incompatibility issues or held liable to the Buyer 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, costs, expenses or other claims for compensation whatsoever (whether caused by negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer including, without limitation, losses or damages of the types listed below:-
8.6.1 loss of profit; and/or
8.6.2 loss of anticipated savings.
8.6.3 loss of business and/or goods; and/or
8.6.4 loss of revenue; and/or
8.6.5 loss of contract; and/or
8.6.6 loss of goodwill; and/or
8.6.7 loss of use; and/or
8.6.8 loss and/or corruption of data and/or other information; and/or
8.6.9 downtime; and/or
8.6.10 any damage relating to the procurement by you of any substitute hardware or software.
8.7 The entire liability of the Seller under or in connection with the contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
8.8 Service (s): Where there is delivery of service, installation, training, reproduction or production of drawing(s) or design work or any other CAD, graphic, BIM modelling service work involved, every effort is made to avoid any errors before the delivery. The client, customer or buyer must ensure, verify and check all delivered or completed work(s), design service, computer files before processing, manufacturing, commissioning the job further onto line. No liability of any kind (including late delivery) is accepted by provider in this regard however would be obliged to fullfill any missing or incomplete work on priority basis.
9.1 Subject to clause 10, no contract shall be cancelled once accepted by the Seller nor shall any Goods which are delivered in accordance with the contract be returned without prior written approval of the Seller and on terms to be determined at the absolute discretion of the Seller.
9.2 Unless the Seller at its discretion decides otherwise, if the Seller agrees to accept the return of any such Goods then:
9.2.1 A Goods return number or reference number, return address must be obtained from the Seller and be clearly shown on the returned parcels and must be returned in the original manufacturer’s packaging (which shall not be defaced) complete with accessories, manuals and documentation. Software packages must be returned unopened with the software seal intact. Except in the case of faulty Goods, returned items not complying with these requirements will be rejected.
9.2.2 the Buyer will be liable for the cost of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the Goods being inadequately packaged by the Buyer or through the Buyer’s fault.
9.2.3 Where the Seller accepts the return of Goods, the Seller reserves the right to make a handling, admin, cancellation or restocking charge of up to 30% on Goods which are returned if those were ordered in error or are no longer required by the Buyer.
9.3 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with the specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 5 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the terms of the contract.
9.4 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or conditions of the Goods or their failure to meet specification is notified to the Seller in accordance with these conditions, the Seller shall be entitled to replace the Goods (or any part thereof) free of charge or at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
9.5 The Seller shall not give any credit for returned Goods where the Seller deems the Goods not to be faulty unless otherwise agreed in writing by the Seller.
9.6 Any Goods in respect of which any claim of defect or damage is made by the Buyer shall be preserved by the Buyer intact together with the original packaging at the Buyer’s risk and shall at the request of the Seller be:
9.6.1 retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect the Goods; or
9.6.2 collected from the Buyer by the Seller if the Goods are defective.
9.7 Goods not featured in the Seller’s catalogue are not be subject to the normal returns policy and instructions for return should be confirmed with the Seller before returning the Goods.
9.8 Any goods on promotion or special offer are not returnable.
9.9 If Goods are returned while there is a promotion or clearance offer of that particular product then we may only refund the current promotional price, minus restocking charge.
9.9a Software Products may not be eligable for return or cancellation due to user registration and/or license terms of software manufacturer/vender. Return may be permitted in some cases subject to seller discretion and software manufacturer/vendor agrees to accept return or cancellation.
10 Buyers dealing as Consumers
10.1 A Buyer dealing as a consumer shall have 7 days from the date of receipt of the Goods to cancel his order by giving notice by letter, fax or email to the Seller with a correct reference number. Please note business to business sales or products, trade, business or commercial use products may not able to act as a consumer.
10.2 The effective date of cancellation is the date on which the notice is sent.
10.3 If the Buyer fails to return the Goods to the Seller within 7 days of the date of cancellation, the Seller shall be entitled to recover the Goods and deduct the cost of so doing from any monies owed to the Buyer.
10.4 The Seller shall refund any monies paid by the Buyer as soon as reasonably possible but in any event no later than 30 days from the date the notice of cancellation was given. The refund shall be made by the same method as payment.
10.5 The Buyer shall be liable for the cost of returning the Goods to the Seller.
10.6 This clause 10 shall not apply to:
10.6.1 goods made to the Buyer’s specifications, custom order, special order and
10.6.2 sealed computer software which has been opened and or activated by the Buyer.
Above does not affect buyer's rights under UK Consumer contracts regulations.
11 Insolvency of Buyer
11.1 This clause applies if:
11.1.1 the Buyer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
11.1.2 an encumbrancer takes possession, or a receiver is appointed of any of the property or assets of the Buyer; or
11.1.3 the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
11.2 If this clause applies then without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Buyer and if the Goods have been delivered but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
WE RESERVE THE RIGHT TO PROSECUTE AN INDVIDUAL or REPRESENTATIVE OF BUYER IN ORDER TO RECOVER THE LOSS (ES), WHOM KEPT PLACING AN ORDERS WITH THE SELLER, KNOWINGLY THE BUYER IS OR WOULD BE IN FINANCIAL CRISIS, WHERE ACTED IR-RESPONSIBILLY AND CAUSED DIRECT LOSS TO SELLER.
12 Customer Service queries
12.1 The Seller shall make every reasonable effort to resolve or acknowledge by post, telephone or email any queries which the Buyer has made within 48 hours of receipt of any such query.
12.2 The Seller shall make every reasonable endeavour to respond to complaints within 5 - 7 working days and keep the Buyer reasonably notified of any progress thereafter.
12.3 Telephone calls made to the Seller may be recorded for training purposes.
13 Trademarks and Accreditation
13.1 The Seller and Buyer acknowledge the intellectual property rights of suppliers and manufacturers of the products appearing in the Seller’s sales literature and on the Seller’s website.
13.2 Where branded Goods have been manufactured and supplied under an IS09000 approval this is indicated in the product text.
or operating environment for the System, product/unit.
and conditions do concerns you or by your business or effects any anybody in trading with us please ask for a written clarification or a revised agreement in writing.
14 Force Majeure
14.1 The Seller shall not be liable to the Buyer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of the Seller’s obligations in respect of the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:
14.1.1 act of God, explosion, flood, tempest, fire or accident;
14.1.2 war, threat of war, sabotage, insurrection, civil disturbance or requisition;
14.1.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
14.1.4 import or export regulations or embargoes;
14.1.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
14.1.6 difficulty in obtaining materials, labour or machinery; and
14.1.7 power failure or breakdown in machinery.
15 Group Company
15.1 The Seller may share a Buyer’s information with other companies in the group and other third parties. The Buyer may be contacted or sent information in respect of further goods and services available and should inform the Seller in writing in the event that the Buyer does not wish this to receive this.
16 Third Party (Rights) Act 1999
16.1 The parties hereby exclude the application of the Contracts (rights of Third Parties) Act 1999 to each and every contract made under these Conditions.
17 No Waiver
17.1 The Seller’s failure to insist upon strict performance of any provision of these Conditions shall not be deemed a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these Conditions.
18.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.
18.2 Notice shall be delivered personally or sent by first class pre-paid recorded delivery of by registered post (airmail if overseas) or by facsimile transmission and shall be deemed to be given in the case of delivery personally on delivery and in the case of posting (in the absence of evidence of earlier receipt) 48 hours after posting (six days if sent by airmail) and in the case of facsimile transmission on completion of the transmission provided that the sender shall have received printed confirmation of transmission.
19.1 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provision of these Conditions and the remainder of the provision in question shall not be affected.
20.1 In the event of a dispute between the Buyer and the Seller, should the Seller in writing require, the Buyer agrees to submit to the jurisdiction in accordance with the Arbitration Act 1996 for the time being in force as a legally binding alternative to court action.
21.1 The contract shall be governed by the laws of England and the Buyer agrees to submit to the non-exclusive jurisdiction of the English courts.
WARRANTY: THE FOLLOWING TERMS AND CONDITIONS WILL ONLY APPLY IF THE PRODUCT MANUFACTURER HAS NOT SPECIFIED OR PROVIDED ITS OWN TERMS AND CONDITIONS. OR PRODUCT SUPPLIED BY SELLER OWN WARRANTY. ALL MAJOR MANUFACTURERS SUCH AS HP (HEWLETT PACHARD, AUTODESK, CONTEX, GMP, OCE, ONYX, BEST, ADOBE, MICROSOFT ARE SUPPLIED WITH THEIR OWN TERMS & CONDITIONS.
1.1 ALL PRODUCTS ARE SUPPLIED, SOLD, RESOLD WITH STANDARD MANUFACTURER’S WARRANTY unless otherwise agreed, Which may include all or any parts, labour, collection or delivery charges. Some hardware parts such as in large-format printers, plotters or scanners and laminators may be considered as consumables (not covered by normally standard warranty) those parts because of wear and tear or use get damaged or needs replacement depends on the usage.
1.2 Each manufacturer warranty terms and condition may differ. Please ask for verification at the point of purchasing..
1.3 This Warranty only applies to purchases made in the United Kingdom. Warranties may differ from country to country according to the manufacturer terms and conditions. Please check with us at the point of purchase.
2 The Warranty
2.1 The Warranty covers normal use and excludes cover for damage resulting from: -
2.1.1 Return shipment by you to Seller or manufacturer (where applicable)
2.1.2 your failure to provide a suitable installation or operating environment for the System, product/unit.
2.1.3 impact with other objects, dropping, falls, spilled liquids or immersion in liquids
2.1.4 servicing of the above not carried out or authorised person.
2.1.5 usage not in accordance with the user instructions provided with the System
2.1.6 failure to perform required preventive maintenance
2.1.7 accident, abuse, misuse or neglect
2.1.8 natural disasters such as flood, fire or lightning
2.1.9 problems with electrical power such as power surges and
2.1.10 the use of parts, components, services or software not supplied by seller or product manufacturer.
2.2 This Warranty does not cover damage resulting from failure to back up data or other files, nor does it cover damage caused by programs, data, viruses or other files. Seller is not responsible for any loss of your data and recommends that you maintain a back up system at all times to rebuild or reconstruct lost or altered files, data or programs.
2.3 Warranty cover will not apply in the event the serial number has been removed, altered or defaced.
2.4 Seller makes no representations or warranties, express or implied, with respect to services provided by Internet service providers (ISPs). This includes their ability to provide services, their ability to work with our systems, interruption of service, or their ability to sustain such services over extended periods of time. Seller is not responsible for their actions or inactions.
2.5 This Warranty does not cover any items in the following categories; software not supplied as an integral part of the System, joysticks, printers, scanners, speakers, cameras (collectively ”Accessories”) nor any other parts, hardware or software not supplied by Seller. Any Accessories or consumables supplied by Seller are covered only by their manufacturers warranties (if any) details of which were supplied to you on delivery of the System.
2.6 Except as expressly set out in these conditions, Seller gives no other warranties, expressed or implied, including, without limitation, any warranties of satisfactory quality or fitness for a particular purpose, and Seller expressly disclaims all warranties not stated herein.
3.1 During the Initial Warranty Period, if Seller is satisfied that the System is defective or damaged, Seller will, at it’s sole discretion, repair or replace the System or the defective or damaged part(s) thereof or refund to you the amount you paid for the unit, less a reasonable sum for depreciation.
3.2 Warranty claims can be made by calling the manufacturer’s Technical Support Department. Please see your User guide for the relevant contact details or call seller for details. When calling, you must have the following information available;
3.2.1 your product serial number;
3.2.2 the product model number; and approx. date of purchase
3.2.3 a description of the problem.
3.3 Valid proof of the date of your original purchase, including the serial number of the System, may be required before any warranty service is provided. If the technician determines that the System is defective and that a repair or a replacement product is required, you will be given a Return Authorisation Number (RMA) or collection reference for the return of the defective product. This number must be clearly marked on a label on the outside of the original packaging, prior to return.
3.4 The manufacturer may collect and return the System or repair on site (or defective part thereof) free of charge if the defect is notified within the Initial Warranty Period. If the defect is notified to manufacturer during the Extended Warranty Period you will be required to return the System to manufacturer at your own expense. Alternatively, upon request, manufacturer may, at its discretion, arrange a collection and return service, at your cost, payable at the time of collection.
3.5 If manufacturer supplies a replacement system or part to you before receiving the defective System or part from you, you are responsible for the return of the defective System or part and will be charged the full sales value of the replacement System or part if the defective System or part is not received by manufacturer within 30 days of delivery of the replacement.
3.6 The manufacturer of hardware systems from parts and components that are new or equivalent to new in accordance with industry standard practices. manufacturer owns all parts removed from repaired products. manufacturer uses new and reconditioned parts made by various manufacturers in performing warranty repairs and building replacement products. If manufacturer repairs or replaces the System (or any part of it) under Warranty, the term of the Warranty is not extended.
3.7 In the event of a hard drive being replaced, the System will be restored to its original configuration when purchased. Any servicing carried out by manufacturer or seller does not include data back up and/or data restoration.
4.1 In all cases, your sole remedies for a System failure are limited to those contained in these conditions.
4.2 Except in the case of personal injury or death caused by the negligence of manufacturer or its authorised sub-contractors, manufacturer will not be responsible for any incidental or consequential damages which may occur as a result of your use of the System, the System’s failure to perform under any circumstances, any replacement part provided under warranty or any other circumstances including without limitation losses of the types listed below: -
4.2.1 loss of profit; and/or
4.2.2 loss of anticipated savings.
4.2.3 loss of business and/or goods; and/or
4.2.4 loss of revenue; and/or
4.2.5 loss of contract; and/or
4.2.6 loss of goodwill; and/or
4.2.7 loss of use; and/or
4.2.8 loss and/or corruption of data and/or other information; and/or
4.2.9 downtime; and/or
4.2.10 any damage relating to the procurement by you of any substitute hardware or software.
5 ON SITE WARRANTY COVER (UK ONLY) – This may vary in all other Countries.
5.1 On purchasing your System, you should have been offered an option to upgrade from the standard warranty to an On Site Warranty (“the OS Warranty”). The OS Warranty may be available for 1 – 4 years from the date of invoice. If you have purchased an upgrade to an OS Warranty, you shall be entitled to the standard warranty protection, on the terms set out above or manufacturer terms and conditions, plus the following additional benefits that may apply whilst the OS Warranty is in force (“the OS Warranty Period”). Save to the extent expressly varied below, each of the terms and conditions contained in clauses 1-4 above shall apply equally to the OS Warranty.
5.2 Parts and labour for your System will be covered under warranty for the full duration of the OS Warranty.
5.3 Requests for warranty service can be made by calling the Technical Support Department in accordance with clause 3.2 above. If the technician determines that a warranted product is defective and that either a repair is necessary or that a replacement product is required, an on site call out will be logged and the required parts will be dispatched to your address. Manufacturer or its authorised maintenance contractor will contact you to arrange an appointment to visit and rectify the fault on the System.
5.4 The OS Warranty is only valid during normal office hours (Monday to Friday excluding English national holidays) and is limited to call-outs within Mainland UK. Restrictions may apply with regards to accessibility in certain geographical areas as manufacturer advises from time to time.
5.5 If any of the exclusions in clause 2.1 above are discovered on site as the cause of need for repair or replacement, or if you fail to meet an on site service technician for a scheduled visit, you will be required to submit the System to manufacturer for repair, at your own cost, in accordance with clause 3.4 above.
5.6 On site warranty is not available direct from Seller (except repair or annual service, unless agreed in writing for any Accessory or external peripherals, such as monitors, printers, plotters, scanners, laminators, mouse, keyboard or speaker system. Most manufacturers of these items may offer an on-site replacement service on their own equipment and should be contacted directly. Please contact the seller for support numbers.
5.7 On Site Service does not include data back up and/or data restoration. If required may be charges extra.
5.8 If the same or a similar problem occurs after an on site visit, manufacturer may recall the equipment for further tests and repairs.
22 Trade-in Programmes
1.1 Most trade-in programmes are end user, the customer based, which are mainly governed directly by the product manufacturer's terms and conditions. More inofrmation are made available at the point of purchase.
1.2 Sometimes old products are traded-in by TCS, where following terms will apply:
Should the equipment received by TCS differ (condition make/model) from the product agreed at the point of purchase and invoice, then TCS is entitled to invoice, i.e. to debit the participant the diffrence in value between the stated and actually received equipment, or likewise, to set off against the diffrence in value part of full and collection charges. The equipment the customer wants to trade-in must be returned complete, together with all accessories belonging to it and be in a good general condition and in the instance of printers and plotters must be capable of printing out a test page.
Trade-in products that are neither complete nor in good working condition may not be sent back to the customer.
23 Buy and Try Programmes
1.1 All buy and try programmes are governed by separate terms and conditions, normally by the terms and conditions of product manufacturer, unless otherwise stated. Please ask for details.