Terms & Conditions

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Terms and Conditions 

Definitions

• The 'seller' is re:think-IT Consultancy Services .
• The 'buyer' is the organisation, firm company or persons placing an order with the 'seller'
• The ‘goods' are all finished good, or parts of materials which are specified by the buyers order and are supplied to the buyer under these terms and conditions of sale.
• The ‘services' are all supplied labour either direct or subcontracted as specified in the purchase order and supplied under these terms and conditions of sale.
• The ‘contract' is the contract formed by the sellers acceptance of the buyers order.

Formation of Contract

• There shall be no binding contract between the Seller and the Buyer until the Seller accepts the Buyers order either by issuing an invoice for the Goods and Services or by raising and issuing an order confirmation.
• All orders are accepted subject to the Sellers' terms and conditions of sale and no terms and conditions of sale submitted by the Buyer shall be binding on the Seller unless accepted by the Seller in writing.
• These terms and conditions shall apply to each individual order raised by the Buyer and any waiver or act of non-enforcement shall not prejudice the Seller in relation to any other order that may be placed or in progress.

Prices

• Unless otherwise specified prices are for delivery at the Sellers works and exclude all taxes, delivery, handling and insurance.
• The Seller reserves the right to increase, without notice, quoted prices after the date of the Sellers acceptance of an order to cover:
  • Price increases by Suppliers to the Seller. In this instance the Buyer may have the option to cancel the order without penalty.
  • Extra costs as a result of cancellation, alteration or rescheduling of orders due to the Buyers instructions or lack of instructions.
  • Fluctuations in currency exchange rates and importation duties and taxes which increases the cost to the Seller of the goods imported into the United Kingdom for resale to the Buyer.

Risk

• Notwithstanding any provision herein contained the Seller shall not be liable for any loss or damage of any nature to the Goods after the same shall have been delivered or passed to the Buyer of the Buyers agent,

Payments

• Unless otherwise expressly agreed in writing by the Seller prior to delivery of the goods or the performance of the services, payment must be made within the time specified on the invoice at the Sellers premises or by cleared payment direct into the Sellers bank account.
• Without prejudice to any other right of the Seller, any overdue payment shall bear interest at the rate of 1.5% per calendar month or part thereof from the date of the invoice of any outstanding amounts until full payment is received.
• The Seller shall be entitled to cancel the contract if the Buyer commits any available act of bankruptcy or does anything or fails to do anything which would entitle a receiver to take possession of the Goods or which would entitle any person to present a petition for winding up or bankruptcy.

Retention of Title

• The seller shall retain full title to the Goods until full payment has been received in respect of the supply of the Goods to the Buyer.
• Until the receipt of the payment of the Goods, the Buyer shall hold the Goods at bailee for the Seller in a fiduciary capacity.
• The Buyer shall store all Goods for which payment has not been made in full and identify them as the Sellers property until such payment has been made.
• If the Seller cancels the contract if the Buyer commits any available act of bankruptcy or does anything or fails to do anything which would entitle a receiver to take possession of the Goods or which would entitle any person to present a petition for winding up or bankruptcy, he shall have the right without prejudice to other remedies, to enter without prior notice the premises where the Goods owned by the Seller may be, and to repossess and dispose of any Goods owned by the Seller so as to discharge any sums owed by the buyer.

Warranty

• If the goods shall prove defective in materials or workmanship under normal operation or service, they will be repaired or replaced only in accordance with any warranty cover or terms as provided by the manufacturer of the Goods PROVIDED THAT no unauthorised modifications to the Goods or to the system of which the Goods forms part have taken place.
• To exercise his rights under the warranty The Buyer must return the defective goods to the Seller. Where the Buyer requests that the Seller attend the Buyers premises to repair equipment under warranty there will be a charge for labour incurred based on the Sellers standard hourly rate.

Law

• All contracts shall be subject to and construed in accordance with the laws of England and in all respects as an English contract subject to the jurisdiction of the English courts.
• The Buyer agrees to submit to the non-exclusive jurisdiction of the English Courts.