| IT Partnership Terms and Conditions |
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LETS JUST DO IT LIMITED ABRIDGED TERMS & CONDITIONS THESE CONDITIONS are a version of ITP'S "Standard Terms and Conditions" and shall apply to the exclusion of all others. CUSTOMER'S signature on a document or request for Products or Services and delivery of those Products or Services shall constitute full and unequivocal acceptance of these Terms and Conditions as well as any additional conditions noted thereon.
SUITABILITY ITP shall strive to act in CUSTOMER'S best interest but regardless of any advice, recommendation or quotation, whether written, verbal, or implied by ITP, the onus is firmly upon CUSTOMER (before placing an ORDER) to satisfy themselves in all respects and in particular about the viability and suitability of EQUIPMENT or SERVICE for their purposes; as far as this does not infringe CUSTOMER'S statutory rights.
CANCELLATION CUSTOMER may not cancel an ORDER for EQUIPMENT (or repair) without ITP'S written agreement, such agreement not to be unreasonably withheld.
DELIVERIES CUSTOMER'S signature on ITP Delivery Note, Repair Note or invoice, shall constitute full and conclusive proof of satisfactory DELIVERY accepted by CUSTOMER. CUSTOMER must notify ITP immediately by telephone and in writing within seven days of any incomplete DELIVERY or faulty EQUIPMENT or Service .Failure to do so may invalidate any claim. PAYMENT TERMS ITP'S normal terms are payment upon invoice or upon DELIVERY of EQUIPMENT or SERVICE if sooner. Credit terms may be negotiated upon satisfactory completion of ITP'S Credit Application & Guarantee Form. ITP shall charge interest at 2% per month or part month on overdue accounts. ITP shall also charge CUSTOMER all legal fees and other expenses incurred in the collection of overdue accounts.
RETURNS & CREDITS Return of EQUIPMENT for full or partial refund or credit, shall be at ITP'S sole discretion with due regard to CUSTOMER'S statutory rights.
LIABILITY Except in respect of personal injury or death caused by ITPS negligence, ITP shall not be liable for any consequential or direct loss suffered by CUSTOMER. It is CUSTOMER'S responsibility to insure against these risks. Furthermore it is Customers sole responsibility to Backup any data on EQUIPMENT being used by CUSTOMER and CUSTOMERshall indemnify ITP from any liability for any consequential or direct loss suffered by CUSTOMER
WARRANTY Unless otherwise stated on ITP'S documentation, all EQUIPMENT has a "Return To Base" warranty under which ITP shall repair free of charge or at its sole discretion return to manufacturer for repair or replacement, any EQUIPMENT supplied by ITP within its warranty period that is established by ITP to be defective or to have developed a fault under normal usage. ITP may levy handling charges to cover packaging and carriage and other expenses thus incurred. Unless otherwise stated on ITP'S documentation, the Warranty Period for "New" EQUIPMENT shall be one year and for Second Hand" EQUIPMENT one month, or the remainder of original manufacturer's warranty period if greater. Warranty Period for "Minimum Repairs" shall be three months and for "Full Repairs" one year from date of first repair.
SOFTWARE CUSTOMER shall not acquire title to software, merely a "licence to use", and CUSTOMER agrees to comply with terms of such licence and in particular guarantees not to pass on sell or to copy the software except for CUSTOMER'S own security purposes.
TRADE / DISCOUNTED TERMS When CUSTOMER and ITP have freely and openly negotiated the contract indicated by phrases such as "Trade Terms" or "Discounted Sale Terms" on ITP'S documentation, thus limiting ITP'S warranty obligations, ITP shall levy a handling charge or a support charge or both if required to provide any service including (but not restricted to) repair under warranty and CUSTOMER acknowledges that a higher price would be payable but for such limitation.
TITLE & RISK The risk in the EQUIPMENT shall pass to CUSTOMER upon DELIVERY and stay regardless of return for repair or other purposes but EQUIPMENT shall remain the property of ITP (and may be repossessed) until paid for in full and all amounts owed by CUSTOMER to ITP in respect of any other EQUIPMENT supplied by ITP are also paid in full. Regardless of title ITP may refuse to release or may sell or otherwise dispose of CUSTOMERS EQUIPMENT if all charges (including storage) are not settled in full or if QUIPMENT is not collected within six months of Repair Note date. It is CUSTOMERS responsibility to insure the EQUIPMENT against theft, loss in transit, damage, loss of data and all other risks.
REPAIRS It is CUSTOMER'S sole responsibility to take and keep adequate backup or copy of all software and data. ITP shall not be liable for any loss or damage resulting from a loss or corruption of CUSTOMER'S software or data.ITP shall strive to complete all repairs as speedily as possible but ITP shall NOT be liable for any loss or damage resulting from any delay in effecting repairs or from incomplete or faulty repairs whether under warranty or not.
REPAIR TYPES A Minimum Repair is the repair to cure the observable or readily identifiable symptom of the fault as specified on the Repair Note, but not necessarily the cause of the symptom or fault and it does not include a service or general overhaul of the EQUIPMENT. If the symptom should return or develop again, ITP may at their sole discretion levy a fresh charge for a fresh repair or re-repair. A Full Repair is a repair to the symptom as well the cause of the fault as specified on the Repair Note. This does not infer or make any further guarantees other than that any subsequent occurrence of the fault within the warranty period shall be repaired free of charge or if uneconomic (at ITP'S sole discretion) a full refund shall be made. It does not include a service or general overhaul of the EQUIPMENT.
REPAIR CHARGES A Minimum Handling Charge shall be levied on all repairs taken by ITP, regardless of the outcome, including cases when the attempted repair is unsuccessful or aborted for any reason, or when there is no fault found or when the EQUIPMENT is beyond economic repair. A Minimum Repair Charge shall be levied on every "Minimum Repair", as well as every estimate, regardless of the value of the EQUIPMENT or the value or complexity of the repair whether carried out or estimated. This shall cover the minimum handling charge, and in most but not all cases the minimum labour charge. Further labour and parts required will be charged extra. ERRORS & OMMISSIONS ITP may correct any errors or omissions in it’s documentation without prejudice to it’s interests. |
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