DELTA COMPUTER SERVICES - TERMS AND CONDITIONS

1. Definitions

In these Conditions:

"the Charges" are the sums payable in respect of the goods and services supplied

"the Customer" is the body or person to which DCS may agree to supply goods and services in accordance with these terms and conditions

"DCS" is Delta Computer Services.

"Supplies" are goods or services ordered by the Customer in accordance with these terms and conditions

Words denoting the singular number only shall include the plural and vice versa.

2. Acceptance of Orders

  1. An order from the Customer for Supplies shall constitute an offer to DCS under these terms and conditions subject to availability of the products and subject to acceptance of the order by DCS.
  2. Orders are accepted and Supplies delivered subject to these express terms and conditions only.
  3. Any variation to these terms and conditions must be in writing and agreed between the parties.
  4. Where the Customer issues a purchase order to DCS the Customer hereby acknowledges and agrees that the terms of such a purchase order shall be subject to these terms and conditions and any terms contained on the purchase order shall not apply so far as they are inconsistent with these terms and conditions and such purchase order shall be accepted by DCS for the sole purpose of advising DCS of the Customer's purchase order number.

3. Despatch and Delivery of Orders

  1. Times quoted for despatch or delivery are indicative only. Despatch or delivery may be delayed because of conditions beyond DCS's control.
  2. In no event shall DCS be liable to the Customer for any damages resulting from, or related to, any failure or delay by DCS to despatch or deliver the Supplies whether such delay or failure is due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond our control such failure or delay shall not constitute default under these terms and conditions.
  3. Any shortage of or damage to the Supplies must be notified by the Customer in writing within seven days of receipt of the delivery.

4. Cancellation of Orders

  1. In the event that the Customer wishes to cancel or re-schedule delivery of the Supplies the Customer must notify DCS in writing prior to the preparation for despatch of the Supplies.
  2. Cancellation or rescheduling of any Order shall be subject to acceptance by DCS at its sole discretion and subject to a reasonable administration charge.
  3. If expenses have been incurred in preparing the Customer's order DCS will invoice the Customer in respect of those expenses.

5. Retention of Title

Title to Supplies shall remain vested in DCS until the Charges and VAT have been received by DCS in full in accordance with the provisions of Clause 6 and there shall be no sums of whatever nature due from the Customer to DCS.

6. Pricing and Charges

  1. Prices are subject to confirmation on receipt of a Customer's order and may be subject to change without notice. In the event of a price increase the Customer shall have the right to cancel the order without penalty.

  2. Prices are exclusive of carriage and VAT unless otherwise stated. VAT will be charged at the prevailing rate.

  3. Payment shall be due prior to delivery of the Supplies unless otherwise agreed in writing.

  4. Interest may be charged on overdue payments in accordance with The Late Payment of Commercial Debts (Interest) Act 1998.

7. Specifications of Supplies

  1. DCS makes every effort to keep the Online Catalogue and other sales literature up to date but reserves the right to provide goods and services that may have minor differences in appearance or specification.
  2. If the case of significant differences in specification the Customer shall have the right to cancel the order without penalty.

8. Returns Policy

  1. DCS does not supply goods or services on a trial basis. Customers must ascertain that the Supplies will meet their requirements before placing an order.
  2. If DCS at its sole discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply) agrees to accept the return of Supplies the DCS Returns Procedure must be followed.
  3. If the Supplies appear to be faulty the DCS Returns Procedure must be followed.
  4. If the Consumer Protection (Distance Selling) Regulations 2000 apply the DCS Returns Procedure must be followed.

9. Returns Procedure

  1. The Customer must provide written details to DCS within seven days of delivery stating the reason for the request to return Supplies.
  2. The Customer must complete a Returns Authorisation Request form and obtain a Returns Number from DCS which must be clearly printed on the label and the delivery documentation.
  3. The Supplies must be returned to DCS at the Customer's expense within 14 days of the original delivery to the Customer.
  4. The Customer is responsible for safely packaging and insuring the Supplies as the risk of loss or damage in transit rests with the Customer.
  5. Supplies returned for credit must be unopened, undamaged and in a re-saleable condition.
  6. Supplies returned for credit will be subject to a handling fee of 10% of the sale price or £25, whichever is the greater.
  7. Allegedly faulty Supplies will be subject to testing. If found to be faulty the Supplies may be repaired replaced or refunded at DCS's discretion.

10. Liability

  1. The Customer agrees and indemnifies DCS from and against any liability for any loss, injury, damage or claim suffered by the Customer, its servants, agents or sub-contractors as a result of the Supplies being defective in any way at any time save for death or personal injury caused by DCS's negligence.
  2. In the event that any exclusion of liability contained herein shall be held to be invalid for any reason and DCS become liable for loss or damage that it may otherwise have been lawful to limit, such liability shall be limited to the Charges payable in respect of the order.

11. Copyright

All intellectual property rights are reserved. No part of any books, manuals or similar material provided as part of the Supplies may be reproduced, stored in a retrieval system, or transmitted or published in any form, or by any means, electronic, mechanical, photocopying, or otherwise, without prior permission in writing from DCS and the author of the material.

12. Data Protection

DCS is registered under the UK Data Protection Act. DCS will retain the information that the Customer provides to DCS about the Customer and its business, and use that information for DCS's own internal use only.

13. Governing Law and Jurisdiction

These Terms and Conditions are governed by English law and we both agree to submit to the exclusive jurisdiction of the English courts.

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