| TERMS
& CONDITIONS
1. Definitions
In these conditions "the Company" means Gordon Harwood
Computers Ltd and "the Customer" means the person, company
or organisation to whom this document has been provided. In addition,
a “Consumer” customer means any natural individual
person, who is acting for purposes that are outside his or her
business and not a company, trader or organisation, even if purchasing
for non-commercial use.
2. Conditions
These conditions shall form the basis of a contract between the
Company and the Customer. Notwithstanding anything to the contrary
in the Customer’s standard conditions of purchase, these
conditions shall apply except so far as expressly agreed in writing
by the Company for non-consumer purchases or as expressly agreed
in writing or verbally for consumer purchases.
3. Order Acceptance
Unless otherwise expressly stated in writing, all quotations and
estimates by the Company are invitations to treat. The Customer’s
order is an offer and will become binding upon the Company accepting
the order either verbally or in writing. A confirmed non-consumer
order may only be cancelled or varied with the Company’s
consent; the giving of the Company’s consent will not in
any way prejudice the Company’s right to recover from the
Customer full compensation for any loss or expense arising from
such cancellation. A distance selling contract for goods supplied
to a UK consumer may be cancelled within seven working days, beginning
after the day of receipt, by the Consumer notifying the Company
in writing of their intention to do so within the seven working
day period, subject to the provisions and conditions set out below.
4. Warranties and Liability
i. All hardware sold by the Company is normally guaranteed for
a minimum period of twelve months.
ii. Any failure occurring within the initial 30 days of the warranty
period (14 days in the case of Apple branded equipment) will normally
be made good by exchange, or in the case of consumer purchases
exchange or refunded in accordance with the Sale of Goods Act
1979 (as amended), provided the Company has been notified in writing
forthwith and the customer has adhered the requirements described
in the Company’s Warranty Information and Customer Responsibilities
documents, which are either provided at the time of purchase or
available on request. Any defect of the equipment after that period
will be made good by repair (at the Company’s option) or
exchange of the equipment or parts thereof which are shown to
the Company in the warranty period to be defective, or in the
case of consumer purchases exchange, repair or refund in accordance
with the Sale of Goods Act 1979 (as amended). The Company shall
decide whether such making good shall be effected at the premises
of the Customer or at the Company’s premises.
iii. For sales/orders where equipment/goods, at the Customer’s
request, is/are shipped outside of the UK mainland or for use
in another country, the Customer shall be responsible for all
transportation/carriage costs. Transportation of equipment/goods
shall be treated as a separate product/service and charged for
as such.
In the event of a failure occurring within the initial 30 days
of the warranty period (14 days in the case of Apple branded equipment)
the Company shall only be responsible for transportation/carriage
costs within the UK mainland – transportation/carriage both
in and out of the UK mainland shall be the responsibility of the
Customer.
In the event of any equipment/goods should failing during the
standard manufacturer’s warranty period, transportation/carriage
both in and out of the UK mainland shall be the responsibility
of the Customer.
iv. The Company guarantees that any software supplied by it which
is in a standard form and produced by someone other than the Company
is guaranteed only to perform the tasks described in the manual
provided by such manufacturer.
v. The Company guarantees that any software produced and designed
or adapted by the Company should fulfil all the tasks described
in the manual produced by the Company and be fit for the purpose
therein.
vi. The Company’s warranty does not cover normal wear and
tear and in addition any warranty shall be null and void if the
hardware or software is modified, improperly used or installed,
damaged by accident or neglect or caused by failure to follow
the specified maintenance schedule provided in the equipment manual
or in the event of any parts being improperly installed or replaced
without the Company’s prior written approval.
vii . The Company reserves the right on the sale of any equipment
to make before delivery any alteration to or departure from the
specification or the design of the equipment provided that it
shall not to an aesthetic or material extent adversely affect
the performance of the equipment or the quality of the workmanship
or the materials used.
viii . All specification drawings and technical documents issued
by the Company either before or after the conclusion of the Contract
are issued solely for the Customer’s use in connection with
the equipment and shall not be copied reproduced or communicated
to any third party without the Company’s express permission
in writing.
ix . In the event of complete or partial failure of hardware or
storage media, or the failure of any device that contains data
or programs or affects access to data or programs, neither the
company, the original manufacturer, nor their service agents can
assume responsibility for data or program safety or recovery.
It is the responsibility of the customer to make their own secure
back-ups of data and/or programs, to ensure that such data or
programs can be recovered independently.
x. The liability of the Company under any contract is limited
to the invoice value of the components supplied, replaced or repaired
the Company shall not be liable for any consequential loss or
damage howsoever caused unless such loss could reasonably have
been within the contemplation of both parties at the time of the
contract as the probable result of the breach.
xi. The distance selling contract for goods supplied to UK consumers
(excluding software, DVDs, CDs, videos and consumable products
if unsealed) which were not specifically manufactured or modified
to order and are complete, unmarked, unused and unfitted (including
partially), with all original packaging and resalable as new may
be cancelled and the goods returned by the customer, at the customer’s
cost, for a full and unconditional refund of all monies paid,
providing the customer provides notice to the Company of the cancellation
in writing within seven working days – this does not effect
a consumer’s statutory rights. Where a partial cancellation
and return is being made under this provision (i.e. the customer
has chosen to retain other items supplied from the same delivery)
a refund for carriage will be made only where the cost of carriage
would have been lower had the item being returned been supplied
alone and in which case the refund to be made will be the difference
between the two amounts.
5. Delivery
i. With the exception of where goods are collected from the Company’s
premises, it is the responsibility of the company to ensure delivery
of goods to the customer safely and in working order.
ii. After taking into account any delivery requests the Customer
has made, the Company shall endeavour to deliver by the method
which the Company in its absolute discretion considers to be the
most practical considering costs, security and the required date
of delivery.
iii. The Customer shall examine any consignment for external damage
and note any claim for short delivery and/or apparent external
packaging damage on the Carrier’s delivery schedule/ paperwork
at the time of the delivery. Should the Carrier fail to allow
the customer to make such a note, if the delivery appears to be
damaged, it should be rejected and a request made to the Carrier
to return the consignment to the Company.
iv. The Customer will examine the contents of any delivery and
shall make or confirm claims for damage to the Company within
seven working days from the date of delivery. Compliance with
this requirement shall be a condition precedent to any claim to
short delivery and/or damaged components.
v. Time of delivery shall not be the essence of the contract unless
expressly so stipulated. The Company undertakes to use its best
endeavours to despatch the goods on a promised delivery date but
does not guarantee to do so. If delivery is delayed by strikes,
lockouts, fire, accidents, defective materials, delays in receipt
of raw materials or bought in goods or components, or any other
cause beyond reasonable control of the Company a reasonable extension
of time for delivery shall be granted and the Customer shall pay
such reasonable extra charges as shall have been occasioned by
the delay.
vi. Where the goods are not delivered to the Customer by the Company’s
Carrier, but to an independent carrier chosen by the Customer
and sent to the Company for the purpose of collecting their consignment,
delivery to the Customer’s carrier shall be delivery to the
Customer.
6. Terms of Sale
i. The price of the goods shall be due in full to the Company
in accordance with the relevant contract of sale.
ii. Unless otherwise agreed by the Company in writing payment
shall be due with the Customers order.
iii. The ownership of the goods delivered by the Company shall
only be transferred to the Customer when the Customer has met
all that is owing to the Company in relation to the goods. The
risk of accidental deterioration or destruction shall pass to
the Customer on completion of safe delivery and the Customer shall
insure against such risk.
7. Finance, Credit & Payment
i. Finance and credit facilities may be available to qualified
persons or organisations – subject to status - upon prior
arrangement with the Company, if the Company agrees to provide
credit facilities to the Customer, the Customer undertakes to
comply strictly with the terms thereof.
ii. If, after written reminders for overdue payments have been
issued, the Customer remains in default of any overdue balance,
the full amount due may be charged to any valid debit or credit
card retained on file and used by the customer for previous transactions,
without prior notification.
8. Cost Variation
All quotations and estimates issued by the Company are, unless
otherwise stated, based on current cost of production (such as,
without limitation, materials, hours, wages and foreign exchange
rates) and are subject to amendment on or after acceptance to
meet any recognised rise or fall in such costs.
9. Government Taxes or Levies
Any variations as a result of Government Taxes and Levies will
be for the Customer’s account.
10. English Law
English law shall be the proper law of the contract.
Rev. 13. 31-05-06
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