1.1 In these conditions the following words and expressions shall have the following meanings.
1.1.1 “Company” means Albion Computers PLC, registered in the United Kingdom number 02043116, Albion Computers PLC, 112 Strand, London, WC2R 0AG.
1.1.2 “Customer” means any person with whom the Company enters into an agreement subject to these conditions.
1.1.3 “Contract” means any agreement made subject to these conditions.
1.1.4 “Senior Representative” means any individual holding the responsibility of Director within the Company.
1.1.5 “Goods” means any hardware, software and related components and accessories, whether they are packaged or supplied as a licence, sold to the Customer by the Company.
1.1.6 “Custom Goods” means any hardware requested by or configured to a Customer’s order, within the configuration variations named by the supplier or manufacturer of said goods.
1.1.6 “Services” means any services performed or undertaken by the Company to the Customer.
1.1.7 “Physical Communication” means any communication sent by the Company to the Customer through physical means, including but not limited to phone calls, postage and in-person.
1.1.8 “Electronic Communication” means any communication sent by the Company to the Customer through electronic means, including but not limited to email, website and instant messaging.
1.2 These Terms and Conditions shall apply to the sale of all Goods and Services ordered in the United Kingdom.
1.3 Unless expressly stated by the Company in writing all quotations made and orders are accepted on the following terms and conditions and on the terms and conditions contained in any licence under which any goods are supplied.
1.4 These conditions constitute the entire understanding of the parties and shall apply to the contract to the exclusion of any other contractual terms and conditions (other than those contained in any licence under which any goods are supplied) and no contractual terms and conditions contained in any document sent by the Customer to the Company
shall be of any effect and with respect to the contract unless expressly accepted by the Company in writing.
1.5 These conditions may not be varied or waived except with the express written agreement of a Senior Representative.
2.1 Any Physical Communication or Electronic Communication submitted with the Company’s quotation remains the property of the Company and is returnable at the request of the Company.
2.2 The Company reserves the right to alter prices listed on Physical Communications or Electronic Communications with no notice, and refuse to honour prices found on anachronistic or incorrect communications.
2.3 Quotations are considered private and for the use of the intended Customer, and prices quoted apply only to the potential Contract with the intended Customer. This declaration also applies to Customer customers, who are not guaranteed matching prices directly from the Company.
2.4 Quotations exclude delivery, configuration or unboxing fees, which the Company shall add to order costs upon acceptance of the Contract, unless said Services are specifically requested in quotation. These fees will only be added to adequately reflect incurrence of cost by the Company in fulfilment of the Contract.
2.5 The Company reserves the right to increase prices after an order is placed due to increases in shipping, supplier or other costs to the Company, or if costs are erroneously supplied to the Company from suppliers or delivery agents. These increases will not exceed the amount necessary to cover the costs of price increases to the Company.
3.1 The Customer shall be responsible for ensuring the accuracy of order information, and for ensuring the accuracy of the Goods, Custom Goods or Services listed on the order. The Company does not retain liability for errors or misinformation contained within a Customer purchase order.
3.2 Orders for Custom Goods may require the acceptance of additional terms, including written confirmation of Contract acceptance, and prepayment on certain Custom Goods.
3.3 The Company may terminate or suspend delivery under the Contract without notice in the event of any failure by the Customer to observe
or perform any of its obligations under any agreement (including the Contract) between the Customer and the Company or if it appears to the Company that the Customer will or is likely to fail to observe or perform any such obligation.
The Customer shall have no right to cancel an order unless the Company expressly agrees in writing to the cancellation. In the event of any cancellation of an order, whether pursuant to the Contract or not, the Company may without prejudice to any other rights it may have, apply any deposit paid by the Customer against any costs, expenses or losses incurred by the Company prior to or as a result of such cancellation.
3.4 The Company may cancel an order if Goods or Custom Goods are in stock constraint from its suppliers, or if an item becomes unavailable.
3.5 The holding, banking, negotiation or other use of any deposit shall not constitute acceptance by the Company of an order.
3.6 The holding, banking, negotiation or other use of any deposit shall not constitute acceptance by the Company of an order.
4.1 The Customer shall be responsible for ensuring the accuracy of delivery information, including but not limited to the delivery location and contact.
4.2 Any time or date quoted by the Company for delivery or performance by the Company is an estimate only and the Company shall not be liable for any loss or damage whatsoever arising from a failure to deliver within such time or date quoted for delivery or performance.
4.3 The Company reserves the right to make deliveries in instalments as to which the contract is severable. Late or non-delivery of any instalment shall not relieve the Customer’s obligation to pay for and accept deliveries of remaining instalments.
4.4 If no written notice is received by the Company within 3 days of delivery of the goods to the Customer, the goods shall be deemed to have been accepted by the Customer as in good order and in conformity of the Contract. The Customer shall have no right to reject the goods, and no claims will be accepted thereafter.
4.5 The delivery of goods under these terms and conditions expressly excludes any obligation;
4.5.1 To replace, maintain, repair or service the Goods or Custom Goods save as is provided in clause 8;
4.5.2 To provide training in the proper use of goods; and
4.5.3 To rearrange delivery or completion of Service based on negligence of the Customer to receive the goods or permit access for the completion of Services at the scheduled time, which must be rearranged with the Company by the Customer, who agrees to accept any additional costs incurred to cover said negligence.
5.1 Save as provided in clause 9, risk in the goods (including risk of transport delays and losses) shall pass to the Customer on delivery to, but not into, the premises of the Customer or, where an outside carrier is used on delivery to the carrier.
5.2 As laid out in clause 7, title will not be transferred to Customer until payment has been made in full, under the terms stated in clause 7.
6.1 Unless special payment terms shall apply, payment in full is due on receipt or collection of for Goods and Custom-Goods, and on completion or recommencement (in the case of recurring contracts) of Services.
6.2 Unless special payment terms shall apply, the Customer shall pay the price within 30 days of receiving the invoice for their Goods, Custom
Goods or Services. Invoices will be dated based on the date that delivery is fulfilled (in the case of Goods and Custom Goods), or a service is completed or commenced (in the case of Services). The Customer may not offset costs of the invoice if the Company owes the Customer, or reasonably withhold or stagger payment without the written consent of a Senior Representative of the Company. If payment will be made with credit card, the Customer agrees to pay all fees incurred in processing
6.3 The Company reserves the right to apply special payment terms to Customers based on type of Goods or Services ordered, size of order or prior payment history.
6.4 Cash payments will be limited to £200, beyond which cash will not be accepted as payment.
6.5 If payment has not been received from the Customer at the end of the payment term, or reasonable effort made by the Customer to arrange payment, the Company shall:
6.5.1 Make reasonable effort to contact the Customer for payment scheduling or fulfilment, by phone and email;
6.5.2 Send Physical Communication to the Customer formally demanding payment;
6.5.3 Cancel or suspend ongoing or scheduled Services, even if Service
is currently in-progress, and cancel scheduled delivery of future Goods or Custom Goods to the Customer;
6.5.4 Seek legal recourse where necessary, including repossession of unpaid Goods and Custom Goods.
6.6 The Company will offer credit balance where required, which shall be valid for redemption for up to 12 months after issue.
7.1 The property in the goods shall remain in the Company until the Company has received payment in full for such goods. Until such receipt by the Company the Customer shall be and be deemed to be a bailee of the goods. Under the terms of this bailment if payment of the total price for the goods or other sums for the time being owing from the Customer to the Company is not made on the due date, the Company shall have the right with or without prior notice at any time retake possession of the whole or any part of the goods (and for that purpose to go upon any premises occupied by the Customer) without prejudice to any other remedy of the Company.
7.2 Upon receipt of payment in full, title will pass to the Customer.
8.1 Custom Goods are exempt to clause 8, excepting the statutory rights of the Customer.
8.2 The Company undertakes for a period of twelve months or a period as defined by the manufacturer’s terms, to make good by replacement or repair any defect on the goods which under proper use or conditions of storage from faulty design materials or workmanship, excluding software.
8.3 The Customer shall immediately notify the Company in writing of any claim for replacement or repair and if required by the Company promptly deliver the defective equipment to the Company free of charge.
8.4 The Company shall advise the Customer on completion of repair or at the Company’s absolute discretion replacement and the Customer shall collect the goods within seven days.
8.5 The Company shall not be liable in respect of any repaired or replacement parts beyond the date on which its liability for the goods under clause 8.2 expires.
9.1 Insofar as is permitted by law and save insofar as the Company has expressly undertaken under clause 9 all express and implied conditions and warranties statutory or otherwise as to the quality of fitness of materials used goods supplied work or design done services performed or any matter are hereby excluded.
9.2 Insofar as is permitted by law the Company shall be under no liability whatsoever for any injury, loss or damage suffered by the Customer arising from the negligence of the Company, in its servants or agents, or arising in any other manner whatsoever.
9.3 The Company shall be under no liability whatsoever for any loss of any sort arising from the malfunction or defective operation of the goods.
10.1 Without prejudice to the generality of these conditions, the Company shall not be liable for any failure on its part to perform any of its obligations where such failure is due to circumstances beyond the direct control of the Company. In the event of such failure the Company may terminate the contract without liability to the Customer.
11.1 The contract is governed by and shall be interpreted in accordance with English Law.
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