TERMS AND CONDITIONS
In these conditions the Seller shall mean Prism Data Centre Solutions Ltd. No variation of these conditions will apply unless agreed in writing by the Seller.
Prices quoted shall be valid up to thirty days following the date of quotation, and no longer, unless otherwise agreed in writing. Prices do not include carriage or value added tax.
3. Settlement Terms
Payment for goods, unless otherwise agreed in writing, is due 30 days from date of invoice.
All goods are offered subject to availability.
Title in goods sold by the Seller shall pass to the customer upon receipt by the Seller of the full price of the goods including VAT and any carriage insurance and other costs incurred on behalf of the customer. Until the date of actual payment in full the customer shall hold the goods clearly identified as the property of the Seller properly insured and unmixed with other goods.
Notwithstanding the foregoing and pending actual payment for the goods the customer shall be entitled to sell the goods to a third party on the basis of the Seller’s conditions of sale as agent for the Seller and the customer shall hold such proceeds of sale on trust for the Seller and shall keep all proceeds (including the proceeds of any insurance claim) separate from any monies or property of the customer or third parties. Until such time as the title of the goods passes to the customer (and provided the goods are still in existence and have not been resold) the Seller shall be entitled at any time the require the customer fails to do so forthwith to enter upon any premises of the customer or any third party where the goods are stored and repossess the goods.
The goods you order will be delivered to the address you give when you place your order. Orders placed before 5.00 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.) Where items are manufactured to order the estimated delivery time is within 7 working days. If delivery cannot be made to your address for reasons under the Supplier´s control the Supplier will inform you as soon as possible.
If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:
a)store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
b) sell the goods at the best readily obtainable price
If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you of any delay as soon as possible and will give you the option of cancelling your order at this point.
Items Damaged in Transit
If any items were damaged in transit, we ask that you report it to us within 48 hours. If the items are visibly damaged on receipt, it’s best to sign the carrier’s delivery note accordingly. Items should be returned in their original packaging complete with all accessories and documentation. Once received back into our warehouse, we’ll issue a replacement or full refund to you via your original payment method and reimburse your reasonable return carriage costs.
Items Faulty on Arrival
If your items are faulty on arrival, you have 48 hours in which to inform us of the fault. Items should be returned in their original packaging complete with all accessories and documentation. Once we have verified the fault, we’ll issue a replacement or full refund to you via your original payment method and reimburse your reasonable return carriage costs. We test returned items, and if a returned item is found not to be faulty by our technicians we will return the item to you, in this instance you will be liable for the return carriage.
Items Faulty in Warranty Period
If any of your purchases develop a fault, and it’s more than 28 calendar days since receipt, then provided your item is within its warranty period, you are entitled to a warranty repair. In some cases, manufacturers provide a specialist full on-site service and/or telephone help facilities for your convenience which we recommend you use in order to correct the fault quickly. For business customers all warranty repairs after 28 days of receipt are referred directly to the manufacturer ( unless otherwise stated)
You have the right to cancel the contract at any time up to 10 days after you receive the goods (see below). Please note that this policy has some limitations and does not apply to business customers.
To exercise your right of cancellation, you must give written notice to the Supplier by hand, post, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address shown Supplier’s website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods (Business customers may incur a restocking charge).
Except in the case of faulty or misdescribed goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.
Delivery times notified by the Seller are an estimate only, and the Seller shall not be liable for the consequences of any delay in fulfilling the Buyers order.
10. Loss or Damage in Transit
The Seller will replace goods which are due to the Seller’s neglect or default fail to arrive or which arrive in a damaged condition provided that notification of loss or damage to the goods in transit is made to the Seller in writing within 14 days of the date of delivery or, in the case of loss, estimated date of delivery.
11. Defective Goods and Consequential Loss
If the goods shall prove defective or otherwise not of a merchantable quality the Seller will replace them or at the Seller’s absolute discretion refund the purchase price.
It is in every instance for the buyer to satisfy himself that the goods are fit and suitable for the purpose for which he requires them. Save as set out in the above all warranties and conditions expressed or implied, statutory or otherwise, as to the quality or fitness for any purpose of the goods are expressly excluded and no warranty, condition, description on representations to be taken as having been given or implied by anything said or written by or on behalf of the Seller on or prior to the goods being ordered.
Without prejudice to the generality of the first paragraph of Section 8 it is expressly agreed and understood by the Buyer that the Seller ‘s liability in respect of defective or otherwise unmerchantable goods shall under no circumstances whatsoever extend beyond the price paid for such goods; in particular the Seller shall not be liable for any damage to the property nor any consequential loss of whatsoever nature, howsoever caused, arising out of any defect in the goods, or from their failure to correspond to any description or representation or from the unsuitability for any propose.
Defects in or damage to goods delivered or loss of goods in transit shall not be cancelled by the buyer of the remainder of any order or contract. If the Buyer alleges that goods supplied are defective under the terms of the first paragraph of Section 8 the Buyer will return them carriage paid to the Seller’s premises. If after examination by the Seller, it is established that the goods are defective then the Seller will refund to the Buyer the reasonable cost of carriage.
Goods are subject to a continuing process of change and development. Therefore goods may not comply in all respects with the technical specification described in the Seller’s catalogue. The Seller makes no warranty with regards thereto.
The Clause applies if: –
the customer makes any Voluntary arrangement with it’s creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or ( being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction ) or an encumbrance takes possession, or a receiver is appointed for any of the property or assets of the customer; or the customer ceases, or threatens to cease, to carry on business; or the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the customer and notifies the customer accordingly. If the first paragraph of section 10 applies, then without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the customer, and if the goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
No waiver by the Seller or any breach of the contract by the customer shall be considered as waiver of any subsequent breach of the same of any provision.
15. Proper Law and Jurisdiction
The proper law of all contracts is English and the customer submits to jurisdiction of the English Courts.
We maintain the copyright in respect of the catalogue. Its whole or partial reproduction is prohibited without prior written consent.
The information contained in this literature is intended only to give a general indication of the products described. Unless agreed to the contrary by the company in writing no representation, particulars or statements made herein shall form part of any contract. Our policy is one of continuous improvement to our products and services. We reserve the right to alter without notice their specification, price or design.