Warsash IT Solutions Ltd
16 Rossan Avenue, Warsash, Southampton Hampshire SO31 9JQ
Registered England 7277130
General Business Goods and Service Terms and Conditions
Introduction
This Document out lines Warsash IT Solutions Ltd’s general terms and conditions of business and sale for both goods and services. When entering into a contract either verbally or written for goods or services and unless otherwise stated by the customer it is assumed by Warsash IT Solutions Ltd that the customer has read understands and accepts these terms and conditions.
Assumptions
In this document it is assumed that the following terms and phrases are deemed to mean as described below
Term of Phrase Meaning
Male terms of gender “he” “His” etc are also Female terms “She” “her” etc
The word “WITS” is deemed to mean Warsash IT Solutions Ltd
The word “Our” “ Us” “we” I is deemed to mean Warsash IT Solutions Ltd
The word “you” “Your” “ Them” is deemed to mean The customer
The word “Seller” or “Service Provider” is deemed to mean Warsash IT Solutions Ltd
The word Purchaser is deemed to mean The customer or purchaser
Conditions
These conditions shall apply to all contracts for the sale of goods or services by the seller to the purchaser to the exclusion of all other terms and conditions including any which the purchaser may purport to apply under any purchase order, confirmation of order or similar document.
No variation or addition to these conditions shall be effective unless agreed in writing by the seller.
No contract for the sale of goods or services shall arise until the seller despatches the goods to the purchaser or the purchaser notifies the seller in writing of its acceptance of the seller’s quotation (whichever shall first occur).
Acceptance of delivery of goods shall be deemed conclusive evidence of the purchaser’s acceptance of these conditions.
Nothing in these conditions shall affect the statutory rights of any consumer.
Prices
The price shall be that on the seller’s current list price (or if applicable, the price contained in the seller’s quotation).
The seller reserves the right to revise prices prior to despatch of goods to reflect any direct or indirect increase in costs. If the seller revises the price the purchaser will be informed prior to despatch or provision of the service and have the option to cancel the order. If the purchaser cancels the order due to price revision any money they have paid will be refunded in full.
WITS are currently not VAT registered, and as such all prices are as per the current prevailing VAT laws.
In the case of consumer sales, payment must be made in full before despatch of any goods.
In the case of service sales, payment is due in full on the terms of credit agreed which shall generally be 14 days and not exceeding 30 days from the date of invoice, unless previously agreed in writing. Time for payment shall be of the essence and any failure to pay shall entitle the seller at its option to treat the contract as repudiated by the purchaser or to delay delivery of further goods or services until paid (in addition to any other remedy).
If any act or proceedings shall be commenced in which the purchaser’s solvency is concerned, all moneys under any transaction covered by these conditions shall become immediately due and payable.
The price of goods or services supplied by WITS is confidential between the seller and the purchaser, and should be treated as such. Discounts or charges applied to a contract or customer are applicable to that contract or customer only. All goods remain the property of Warsash IT Solutions Ltd until complete and full payment is received.
Payments.
For business clients our remuneration terms for goods are 75% on order, a further 15% on delivery to our premises (for configuration if required) and the last 10% on delivery to the purchaser.
In the case of services our terms are strictly 14 days from the date of the Invoice, or as per prior agreement. Additionally we reserve the right to part invoice on a weekly, bi-weekly or monthly basis as is required for longer projects, unless prior agreement and arrangements have been made. Again these part invoices are strictly on a 14 day payment from the date of the invoice.
We also reserve the right to proformer invoice for some services and goods which may require payment prior to the start of any project to retain our services or confirm goods. These cost will be deducted from the final project payment.
Additionally any expenses (travel, accommodation, subsistence) incurred as part and parcel of completing the contract, where not included in the cost price are also to be reimbursed as part of any invoice.
For private / domestic customers, in respect to goods totalling under £100 we invoice for full payment on delivery. Items between £100 and £400 we require 75% (for the goods not service) and the remainder (including service) on delivery. Items £500 and above payment is generally 90% (for the goods not service) and the remainder (including service) on delivery. For BACS payments we allow 36 hours grace for final payment.
Missed Payment Penalties
Warsash IT Solutions Ltd, reserves the right to add 5% of the total invoice amount, per week (7 days), or part thereof, for any failure to pay an invoice within the stipulated or agreed time period. We are more than happy to discuss part or deferred payments if the situation requires and in such circumstances we may waver the addition cost . However dialog has to have been opened prior to the last day of the weekly period.
Additionally we will charge £50 for any cheque which is returned or otherwise refused payment by the bank or cancelled by the issuer.
Methods of payment
We accept Cash, BACS into the company bank account, and Cheques, made payable to Warsash IT Solutions Ltd. Methods of payment, and payment details can also be found in the footer of our invoices.
Warranty and Liability
The seller warrants that the goods will be at the time of delivery correspond to the description given by the seller. Except where the purchaser is dealing as a consumer (as defined in the unfair contract terms act 1977, section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the goods, whether implied by statute, common law or otherwise are excluded and the purchaser warrants that the purchaser is satisfied as to the suitability of the goods for the purchaser’s purpose. The warranty is non-transferable.
Collection and Delivery
Whilst every reasonable effort shall be made to keep to any collection or delivery date and approximate time, the seller shall not be liable for any losses, costs , damages or expenses incurred by the purchaser or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date or approximate time. Should the seller fail to deliver goods on an agreed delivery date the purchaser shall not have the right to cancel the order or receive a refund of any monies paid to the seller.
Failure by the purchaser to pay for any instalment or delivery when due shall entitle the seller to withhold further deliveries and the purchaser shall be liable for any costs incurred by the seller relating to such goods which the seller is then entitled to withhold.
Delivery of the goods shall be made to purchaser’s address and the purchaser shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
A cost may be incurred by the purchaser for collection or delivery of equipment. This cost will vary depending on time / distance of the journey.
For services and depending on the distance time and mileage may also be charged to the purchaser.
Ownership and Risk
The risk in goods shall pass to the purchaser when either the purchaser receives the goods or a contract is made but the goods are kept at the seller’s premises for the purpose of configuration or at thepurchaser’s request.
The seller remains the owner of the goods affected by the contract until the seller has been paid in full for such goods.
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 the purchaser’s premises, with his permission hereby confirmed as a condition of contract, by its servants or agents to recover the goods and the purchaser shall be liable for all the seller’s costs of so doing.
If the purchaser is a consumer and wishes to reject any of the goods which are not in accordance with the contract, the purchaser must promptly give notice of rejection to the seller and make the goods available for collection by the seller.
In the case of any other sale the purchaser shall inspect the goods immediately upon delivery and shall notify the seller within five days of delivery if the goods are damaged or do not comply with the contract. If the purchaser fails to do this, he is deemed to have accepted the goods.
Any goods in respect of which any claim or defect or damage is made shall be preserved by the purchaser intact together with the original packing at the purchaser’s risk and either: Retained by the purchaser for a reasonable period to eable the seller or its agent to inspect or collect the goods or At the seller’s option returned by the Purchaser to the seller who will refund the cost of the postage and packaging to the purchaser if the goods are in fact defective.
Cancellation Returns
No contract shall be cancelled nor shall any goods, which are in accordance with the contract, be returned without the prior written approval of the seller and on terms to be determined at the absolute discretion of the seller.
Unless the seller at its discretion decides otherwise, if the seller agrees to accept the return of any such goods, then: A goods return number obtained from the seller must be clearly shown on the returned parcels.
The goods are to remain at the purchaser’s risk in all respects until received by the seller. The purchaser 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 purchaser or through purchaser’s fault.
The seller reserves the right to make a handling and restocking charge of 25% on goods which are returned if they were ordered in error or are no longer required.
Force Majeure
The seller will not be under any liability whatsoever in the event that the seller is prevented or delayed from supplying or making delivery of any goods by any reason or cause beyond the seller’s control. These events include acts of God, civil commotion, riots , flood, drought, fire, war, conflict, legislation or any acts by third party companies or individuals not either under contract to or employed by the seller.
No waiver
The seller’s failure to insist upon strict performance of any provision of these conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the purchaser in performance of compliance with any of these conditions.
Liability
Except as may be implied by law where the purchaser is dealing as a consumer, in the event of any breach of these conditions by the seller the remedies of the purchaser shall be limited to damages which shall in circumstances not exceed the price of the goods and the seller shall under no circumstances be liable for any indirect, incidental or consequential damages.
These conditions shall be construed in accordance with English law. These conditions do not affect your statutory rights.
