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Terms & Conditions

Standard Terms & Conditions for the Sale of Goods and Services

Definitions  Top

Customer means the person who buys or agrees to buy the goods and services from ADVANCED PC SOLUTIONS LIMITED.

Goods means the articles which the Customer agrees to purchase from ADVANCED PC SOLUTIONS LIMITED.

Any order placed by a CUSTOMER shall constitute an offer to Contract subject to the Standard Terms and Conditions for the Sale of Goods and Services herein contained and unless expressly agreed in writing by an authorised representative of ADVANCED PC SOLUTIONS LIMITED no addition to, or variation from, these Standard Terms and Conditions for the Sale of Goods and Services shall apply.


Publications  Top

All descriptions and illustrations contained in catalogues, price lists, proposals, advertising matter and all publications are intended to be illustrative only and shall not form part of a Contract unless specifically incorporated therein by written agreement between the CUSTOMER and ADVANCED PC SOLUTIONS LIMITED. ADVANCED PC SOLUTIONS LIMITED reserves the right to update any specification of goods or service without prior notice; however any such changes shall not materially impair performance.


Prices and Delivery  Top

All prices quoted are net, exclusive of VAT and excluding packaging and all due taxes which shall remain the responsibility of the CUSTOMER’s. Any quoted or listed price shall be subject to revision, without notice. Formal quotations given in writing by ADVANCED PC SOLUTIONS LIMITED shall remain valid 30 days from date of quotation.
Every reasonable effort shall be made to meet estimated delivery dates but ADVANCED PC SOLUTIONS LIMITED shall not accept any liability whatsoever resulting from delay or failure in delivery. Claims for non-delivery must be made in writing to ADVANCED PC SOLUTIONS LIMITED within five (5) working days from date of invoice. The CUSTOMER shall be deemed to have accepted goods or services upon delivery unless the CUSTOMER rejects the goods or services in writing within five (5) working days of delivery.


Payment  Top

Provided the CUSTOMER has been granted credit facilities by ADVANCED PC SOLUTIONS LIMITED settlement terms are NET THIRTY (30) DAYS from date of invoice. In the absence of credit facilities having been granted by ADVANCED PC SOLUTIONS LIMITED payment shall be in advance of shipment or commencement of service. Punctual payment is the essence of the Contract between ADVANCED PC SOLUTIONS LIMITED and the CUSTOMER. ADVANCED PC SOLUTIONS LIMITED reserves the right to charge interest due on overdue accounts at 5% over bank base rate calculated on a daily basis.


Title  Top

Risk in the goods shall pass to the CUSTOMER upon delivery and the CUSTOMER shall insure them for not less than the invoice value whilst the goods are in the Customer's possession and control. Title to the goods shall remain with ADVANCED PC SOLUTIONS LIMITED until full payment has been received by ADVANCED PC SOLUTIONS LIMITED from the CUSTOMER. Notwithstanding such retention of title the CUSTOMER may, in the ordinary course of business resell the goods. However, ADVANCED PC SOLUTIONS LIMITED may revoke such power of sale at any time when the payment price, or any part thereof, is overdue or in the event that the CUSTOMER is in breach of any other Standard Term and Condition herein. Upon such revocation, the CUSTOMER shall return the goods, or such part as still remain in the CUSTOMER's possession or control, to ADVANCED PC SOLUTIONS LIMITED and allow ADVANCED PC SOLUTIONS LIMITED immediate entry and access to all premises where goods are kept to allow ADVANCED PC SOLUTIONS LIMITED to re-possess them should they so wish.


Customer default  Top

If the CUSTOMER shall become bankrupt, or go into liquidation, become insolvent or having a Receiving Order raised against it, or if the CUSTOMER shall default in or commit any breach of its commitments to ADVANCED PC SOLUTIONS LIMITED then ADVANCED PC SOLUTIONS LIMITED shall have the right (without prejudice to any further or other claims or rights) to terminate the Contract forthwith and payment for any deliveries already made shall become due immediately.


Cancellation and Rescheduling Order  Top

If the CUSTOMER wishes to cancel or reschedule delivery dates of any order, consideration will only be given if application is made in writing to ADVANCED PC SOLUTIONS LIMITED more than Thirty (30) days prior to scheduled delivery date. In the event of cancellation ADVANCED PC SOLUTIONS LIMITED shall be entitled to claim an amount equal to ten per cent (15%) of the value of the order which amount the CUSTOMER agrees represents a genuine estimate of ADVANCED PC SOLUTIONS's loss.


Warranty  Top

ADVANCED PC SOLUTIONS LIMITED warrants that goods and services delivered under this Contract are as described and that ADVANCED PC SOLUTIONS LIMITED has the right to sell same. ADVANCED PC SOLUTIONS LIMITED warranty is effective from the date the goods or services have been accepted in accordance with clause 2 above and is limited to twelve (12) months thereafter or such other period as may be notified by ADVANCED PC SOLUTIONS LIMITED to the CUSTOMER in writing (the "warranty period"). If, during the warranty period, the goods or services prove faulty by reason of inherently defective material or inferior workmanship and the faulty goods are returned to ADVANCED PC SOLUTIONS LIMITED promptly upon discovery of such fault and properly packaged so as not to sustain damage in transit, ADVANCED PC SOLUTIONS LIMITED shall at its option, without charge, repair or replace the goods or services shown to be defective in materials or workmanship as aforesaid, to the satisfaction of the Customer. The warranty shall not operate where the goods have been subject to use beyond their normal performance specifications or in any other way misused. Notwithstanding the foregoing, ADVANCED PC SOLUTIONS LIMITED liability in respect of goods that are subject to a separate guarantee by the manufacturer of same goods will be limited to the manufacturer's own warranty terms and conditions. Subject to the provisions above, all above or implied warranties or conditions, statutory or otherwise, as quality or fitness for any purpose of the goods is hereby expressly excluded and ADVANCED PC SOLUTIONS LIMITED shall not (except as set out above) be under any liability whatsoever in respect of goods delivered or any loss to the property of any person resulting from such defects from any cause whatsoever.


Export  Top

If the goods and/or technical data are licensed under Foreign Governments export laws then, regardless of any disclosure made by the CUSTOMER to ADVANCED PC SOLUTIONS LIMITED of any ultimate destination of the goods and/or technical data outside of the United Kingdom, it is the CUSTOMER's sole responsibility to obtain the written consent of the Foreign Governments and local authorities before re-exporting any such goods and/or responsible for any costs or damages resulting from the failure of the CUSTOMER to obtain such consent


Errors  Top

Clerical errors are subject to correction by ADVANCED PC SOLUTIONS LIMITED at any time.


Force Majeure  Top

ADVANCED PC SOLUTIONS LIMITED shall not be liable for any failure or delays in meeting any of its obligations under the Contract, which were due to causes beyond its reasonable control.


The Law  Top

The proper Law governing these Standard Terms and Conditions shall be English Law and the parties hereby submit to the jurisdiction of the English Courts.


Limitation of Liability  Top

ADVANCED PC SOLUTIONS LIMITED aggregate liability to the CUSTOMER whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstance exceed the cost of the defective, damaged or undelivered goods or the services provided by ADVANCED PC SOLUTIONS LIMITED which give rise to such liability as determined by net price invoiced to the CUSTOMER in respect of any occurrence or series of occurrences.


Third Party Rights  Top

a. ADVANCED PC SOLUTIONS LIMITED shall have no liability to the CUSTOMER in the event of goods infringing or being alleged to infringe the rights of any third party. In the event that the goods are or may be the subject of third party rights ADVANCED PC SOLUTIONS LIMITED shall be obliged to transfer to the Customer only such title as ADVANCED PC SOLUTIONS LIMITED may have.

b. The CUSTOMER shall notify ADVANCED PC SOLUTIONS LIMITED forthwith of any claim made or action brought or threatened alleging infringement of the rights of any third party. ADVANCED PC SOLUTIONS LIMITED shall have control over and shall conduct any such proceedings in such manner, as it shall determine. The CUSTOMER shall provide all such reasonable assistance in connection therewith as ADVANCED PC SOLUTIONS LIMITED may request. The costs of any such proceedings shall be borne in such proportions, as the parties shall determine.


Waiver  Top

Failure by ADVANCED PC SOLUTIONS LIMITED to exercise or enforce any rights hereunder shall not he deemed to be a waiver or any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.