Terms and Conditions

1. ACCEPTANCE OF ORDERS
All contracts of sale made by Roger Mudditt trading as HIPPOTEK Internet (The Firm) shall be deemed to incorporate these terms and conditions which shall prevail over any other document or communication from the party with whom the company is dealing (The Customer). All orders are accepted and fulfilled subject to these conditions of sale unless otherwise varied by agreement in writing.

2. CARRIAGE, POST AND PACKING
Charges are made for all delivery options and will be invoiced to customers at the prevailing rate.

3. PRICES
Goods and services are invoiced at the prices ruling at the time of ordering. VAT will be added to all goods or services supplied at the prevailing rate.

4. DELIVERY
(a)
Any time or date for delivery stated by the firm shall be treated as an estimate only. Whilst every effort will be made to despatch goods on time no liability can be accepted by the Firm for failure to deliver within the advertised times. The Firm shall not be liable for any loss or damage whatsoever (including consequential loss or loss of profit) arising directly or indirectly from any delay in the delivery of all or any of the goods howsoever caused.

(b) The Firm will accept no liability for shortages, damage to or non-delivery of goods unless the Customer notifies the Firm in writing within three business days of receipt of goods.

(c) The Customer shall be bound to accept the goods when they are ready for delivery by the Firm and delivery shall be deemed to take place when the goods are delivered to the Customer at the nominated address for delivery or to a nominated carrier as the case may be whereupon the risk of loss, breakage or any other damage whatsoever shall pass to the Customer.

(d) If the Firm fails to deliver the goods for any reason other than any cause beyond the Firms reasonable control or the Customers fault, and the Firm is accordingly liable to the Customer (in the cheapest available market) of similar goods to replace those not delivered over the price of the goods in question. Furthermore, The Firm shall not be liable for loss of profit or other consequential loss and its liability (whether in contract or otherwise) shall in no case exceed the price of the article or articles in question.

(e) If for any reason the Customer cannot accept delivery of the goods at the time when the goods are due and ready for delivery the Firm may either elect to store the goods pending their actual delivery and the Customer shall be liable to the Company for the costs (including insurance) of so doing but the Firm shall be under no obligation to insure the goods in storage and the risk of any loss or damage to the goods howsoever arising shall be borne by the Customer, or sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the contract or charge the Customer for any shortfall below the price under the contract.

5. PAYMENT TERMS
Unless otherwise expressly stipulated by the Firm, Credit Account invoices are due and payable in sterling 10 working days from the date of the invoice.

The firm reserves the right to suspend service to any client whose account remains outstanding beyond the standard terms of the firm.

If an invoice becomes overdue for payment the full outstanding account becomes overdue and payable. The Firm reserves the right to charge interest on overdue amounts at 3% above Barclays Bank PLC base lending rate for the time being in force calculated on a daily basis. Payment shall be deemed to have been received only when the full amount of the value of the goods as invoiced has been credited to the Firms bank account without recourse or the Firm has received the full amount in cash.

6. PRODUCT SPECIFICATIONS, DIMENSIONS, ETC
Whilst the Firm will make every endeavour to deliver the goods as they are described in the Firms literature, actual dimensions, specifications and quantities may in certain circumstances vary from those so advertised. The Firm reserves the right without prior notice to vary the dimensions, specification and quantities of any goods without any liability to the Customer arising directly or indirectly from any such variation.

7. SUPPLY
In the event that the Firm is unable to supply goods as ordered by the Customer the Firm reserves the right to offer goods of equal or superior quality comparable to or compatible with the goods ordered at the same price.

8. PROPERTY AND TITLE
No property or title to goods shall pass from the Firm to the Customer unless and until the full amount of the value of the goods as invoiced has been credited to the Firms bank account without recourse or the Firm has received the full amount in cash and the Customer shall indemnify the Firm against any loss or damage to the goods prior the passing of property therein whilst in the Customers custody. Risk of damage to or loss of the goods shall pass to the Customer at the time of delivery or, if the Customer wrongfully fails to take delivery of the goods, at the time when the Firm has tendered delivery of the goods.

9. FORCE MAJEURE
In the event that the Firm is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the Firm shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfilment is prevented.

10. TRADE NAME AND MARK
Indications of trade names or marks (other than those of the Firm) shown in leaflets or other documentation of the Firm are not restricted to indications of manufacture but may be indicative of general use of systems, machines etc. associated with the use of such products.

11. CANCELLATION
The Firm reserves the right not to accept cancellation of orders. Where cancellation is accepted the Firm reserves the right to indemnity from the Customer in full for costs incurred.

12. RETURNS
Current listing items, undamaged, unopened and fully marketable may be returned by prior written agreement of the Firm who reserve the right to make a handling/administration charge.

13. WARRANTY
All goods sold by the Firm are warranted free from defects in materials and workmanship. If the Firm shall receive a written complaint from a Customer in respect of goods found to be defective in respect of materials or workmanship only within 30 days of delivery the Firm after it has had a reasonable time to investigate the same and examine the goods in dispute shall be entitled at its option to have repaired or replace the defective goods or refund the purchase price. No claim will be entertained in respect of any goods which have been repaired or altered in any way or have been the subject of any accident or damage caused by any innocent, wilful or negligent act or omission of the Customer its employees or agents or through use contrary to the manufacturers instructions by the Customer, its employees or agents or by circumstances beyond the control of the Firm or goods which cannot be shown to have been supplied by the Firm.

The Firm do not themselves provide technical services in respect of support, maintenance or repair of PC's, Workstations, Networks or any Hardware or Software products whatsoever.

14. HEALTH AND SAFETY AT WORK ACT 1974 AND CONSUMER PROTECTION ACT 1987
In compliance with the above legislation the Firm confirms that the goods supplied by the Firm as a distributor of products do not present a hazard to health and safety when properly used for the purpose for which they are designed and provided also that the Customer or its employees or agents take reasonable and normal precautions in their use.

15. TECHNICAL FAILURE
Web pages will be tested on the latest publicly available versions of Netscape Navigator and Microsoft Internet Explorer. As the Web pages are not held on the Firms system they will not be held responsible for any technical or access failures at the chosen site.

16. DELIVERABLES
Deliverables will be as described under "Project Management Proposal", Customers should ensure their suitability for their needs.

17. LIMITATION OF LIABILITY
The Firm shall not be liable for any indirect or consequential damage or loss (including, without limitation, loss of profits or business opportunity) caused to, or suffered by, the customer as a result of, or arising out of, any use of, or any fault defect or error in, the deliverables or operation of the Web site.

Subject to the above paragraph, the Firm's total aggregate liability in respect of any and all claims (whether arising out of one or more incidents and whether in respect of the negligence the Firm, its agents or employees or otherwise) by the Licensee arising out of or in respect of the deliverables or the use of either of them (other than in respect of death or personal injury caused by the negligence of Hippotek or its agents or employees) shall in no circumstances exceed the total charges payable by the customer in respect of the deliverables or to the invoiced value to which the claim relates. Goods are not tested or sold as fit for any particular purpose or for use under any specific conditions.

The customer acknowledges that the cost to the deliverables is low and that it is reasonable for the Firm to limit the conditions and warranties and its liabilities as described above This Clause shall survive termination of any agreement for any reason whatsoever.

18. CONFIDENTIALITY
Each party acknowledges that the other may have imparted or may impart information of a confidential nature relating to the deliverables or that others business, and agrees to keep all such confidential information confidential and to use it solely in furtherance of any agreement. This obligation shall survive termination of the agreement for any cause whatsoever, but shall not apply to any information which was already in that partys possession or which subsequently comes into that partys possession otherwise than in or through breach of any obligation of confidence.

The customer accepts that the Web is an open system and they must take any necessary steps to protect the security of their own proprietary information.

19. COPYRIGHT
The customer must take responsibility for the legality of all assets (images/text) included in their pages. It is the sole responsibility of the customer to ensure that all copyright clearances have been obtained from the appropriate copyright owners. Copyright on all Web pages designed and produced will belong to the Firm. Where the production of deliverables exceeds the provision solely of Web pages then the Firm retain all intellectual property rights created beyond those pertaining to the production of the Web pages.

20. DATA SECURITY
The Firm undertakes to make reasonable endeavours to ensure that the Chosen Web server is kept in operation at all times and that suitable backups are made of the software contents against data loss.

21. MISCELLANEOUS
(a) If any provision hereof shall be held to be invalid illegal or unenforceable the validity and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.

(b) Waiver by the Firm of any breach of these conditions or any granting of time or indulgence by the Firm to the Customer shall in no way affect the rights of the Firm hereunder.

(c) All headings are for convenience only and do not form part of these Terms and Conditions.

(d) Any notice or demand to be given hereunder shall be in writing and shall be delivered by hand or sent by first class pre-paid letter to the last known address of the party to be notified and shall be deemed to have been served immediately, if delivered by hand and forty eight hours after posting if posted as aforesaid.

(e) The Laws of England shall govern the validity construction and performance of any contract to which these Terms and Conditions apply and the parties submit to the jurisdiction of the English Court.

 

 

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