| 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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