Terms and Conditions

1.DEFINITIONS AND EFFECT OF CONDITIONS

a) The company means STVR Computers
b) These conditions shall apply to and be incorporated in every agreement between STVR Computers and any person, firm or company (“the customer”) under which the company supplies goods or services at the request of the customer.
c) These conditions shall supersede all earlier conditions of the company.
d) These conditions shall take precedence over any conditions of the customer and shall not be varied without the written consent of a Principal of the company.

2. DELIVERY

a) Any delivery dates quoted whether verbally or otherwise are estimates only and in regard to any such date, time shall not be of the essence.
b) Delivery of the goods to the customer’s address or any other place stipulated by him shall constitute delivery and the risk therein shall pass on such delivery to the customer.
c) The company shall be entitled to make partial deliveries, or deliveries by instalments and these conditions shall apply to each partial delivery. All goods will be delivered (or-credited) not more than 28 days after the original invoice date.

3. FRUSTRATION etc (Force Majeure)

The company will not be deemed to be in breach of any of its obligations under the agreement or otherwise be liable to the customer due to any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the company’s control including, without limitation, breakdown of plant or machinery, strike or industrial dispute, shortage of materials or failure of or delay in receiving supplies, act of war (whether declared or not), act of God, or any law regulation of any government or any local or municipal authority; if any such event continues for more than 28 days the company may terminate the agreement forthwith by written notice to the customer without prejudice to the accrued rights of either party.

4, PRICE

a) Unless otherwise stated any prices quoted by the company are:
I. Exclusive of value added tax and any other taxes
II. Exclusive of carriage, packing and insurance
III. Exclusive of any release certificates
And the company shall charge extra in respect of the above items.
b) Prices quoted are those current at the time of quotation and the price payable by the customer shall be that which is current at the time of delivery to the customer.
c) Where agreed, call offs are not adhered to by the buyer. The company reserves the right to amend the price structure in accordance with the quantities delivered.

5. PAYMENT

a) The price is payable on demand and is dependent on the type of account opened.
I. Pre-paid Account: All invoices must be paid in full before the goods leave the warehouse.
II. COD Account: All invoices must be paid in full upon receipt of delivery.
III. Credit Account: All invoices must be paid not later than 30 days from invoice date
b) The company reserve the right to suspend deliveries where payment is not received in accordance with paragraph (a) of this clause or in accordance with any alternative terms of payment agreed in writing.
c) Where payment is not made in accordance with paragraph (a) hereto the customer shall pay interest on any unpaid amounts calculated at 3% above Barclays Bank PLC’s base rate for the time being in force calculated on a daily basis or in accordance with any alternative terms of payment agreed in writing.
d) No cash or other discounts are allowed unless agreed in writing.
e) If the company is able to deliver some items comprising the goods subject to agreement but unable to deliver all such items due to causes beyond its control (including but not limited to the non exhaustive examples referred to in Condition 3 hereof) the customer shall pay for such items as are delivered.

6. TELEPHONED ORDERS

The customer agrees to send the company a written order in confirmation of any telephoned orders duly marked with any confirmation reference given by the company otherwise the company cannot accept liability for any duplication of delivery that may occur or for delay in dealing with any telephone order.

7. TITLE OF GOODS

a) Immediately upon delivery to the customer of any goods agreed to be sold by the company to the customer the customer shall become the bailee thereof, and the customer shall store such goods in a suitable and separate place where they can be readily identified as property of the company. The legal title thereto shall be retained by the company as bailor. The risk in the goods shall pass from the company to the customer upon delivery of such goods to the customer. However, not withstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the customer until the company has received in cash or cleared funds payment in full for all goods delivered to the customer under this and all other contracts between the company and the customer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of interest or other sum payable under the terms of this and all other contracts between the company and the customer.
b) Notwithstanding the terms of (a) above the customer shall be entitled before discharging its obligations to the company to resell the goods or any of them. Upon such resale and without derogating from the company’s other remedies (including its right to trace) the customer shall have a fiduciary duty to hold the proceeds of sale on trust for the company until such time as all the customer's indebtedness to the company under any contract sale entered into between them or otherwise shall have been discharged.
c) The company may at any time revoke the right of the customer to recall the goods or any of them.

8. LOSS OR DAMAGE IN TRANSIT

a) The company will not be responsible for damage to any of the goods or loss of the goods or part therof in transit unless the customer gives written notice of a claim to the company and to the carrier.
I. In case of damage within three days of having received the goods and;
II. In the case of loss or shortage within three days of the date of invoice.
b) The customer will be asked to sign a copy of the company’s carriers delivery manifest as acknowledgement of receipt of goods. The customer should inspect the goods thoroughly as an unqualified signature can be deemed to signify the customer’s acceptance that the goods are in good condition.

9. GUARANTEE

a) If within 12 calender months (for new goods - 90 days for 2nd user) of their being delivered, any defect in the goods is discovered which is directly due to faulty materials or workmanship, or if a valid claim is made by the customer under condition 8(a)(I) hereof, the company will at its discretion remedy the defect or damage by replacement or repair or give credit to the customer.
b) The guarantee will be subject to the following conditions:
I. It will not apply to any defect or damage resulting in any alteration or modification to the goods without the company’s prior written consent, incorrect storage, normal wear and tear, overloading, misuse, abnormal conditions of use, Incorrect installation by anyone other than the company, maintenance or repair not carried out by the company, use which is not in accordance with the company’s or the manufacturer’s instructions, any act or omission of the customer or any third party or any fault in any other goods or equipment.
II. The customer must complete and return the company’s Returns Authorisation Form in relation to any such defect or damage. If it appears to the company from the information in the completed form that such defect or damage is covered by the guarantee an RMA number will be issued confirming that the goods concerned may be returned, subject to verification by the company after inspection of the goods. RMA numbers are valid for 28 days from the date of issue, and if the goods concerned are not returned during that period a new RMA number must be requested.III. Allegedly defective or damaged goods must be returned to the company carriage paid at its address stated overleaf , with their original packing and, where applicable, all related manuals and accessories as well as a copy of the completed Returns Authorisation Form and a valid RMA number marked clearly on the outside of the packaging. Any package without valid RMA numbers delivery will be refused.
IV. If the customer makes any claim in relation to any goods falling outside the terms of the guarantee the company may charge the customer. Please refer to STVR Computers Returns Authorisation Form for the current charges relating to inspection and NFF fees information. The customer must collect any returned goods within 5 days of notification that they are not covered by the guarantee or on written instructions from the customer, STVR Computers will dispose of the goods. Failure to do so will result in the customer having to pay storage charges of £2.00 plus VAT per unit for each day or part of the day from the end of that period to collection.
V. The guarantee will apply to goods replaced or repaired under the guarantee for the balance of the original guarantee period.
VI. Unless the company decides otherwise, credit will only be given if the customer notifies the company of the alleged defect or damage within three days of the customer’s receipt of the goods.

10. EXCLUSION OF LIABILITY

a) Except where provided otherwise in these conditions, the company shall be under no liability of any kind however caused whether or not due to the negligence or wilful default of the company or its servants or agents arising out of or in connection with the goods. All conditions, warranties or other terms, whether express or implied, statutory or otherwise, are hereby expressly excluded providing that nothing in this paragraph shall exclude or restrict any liability of the company for death or personal injury resulting from the negligence of the company, its servants or agents.
b) In any event, the company’s liability shall be limited to direct loss and shall not include indirect or consequential loss.
c) The company shall not be liable for the loss or damage to software programs or customer data during the repair or upgrade of any goods whether or not the same are under warranty.

11. RETURNED GOODS & CANCELLATIONS

The customer shall not return any goods (except in accordance with Condition 10) or cancel orders without the company’s previous written consent. Such consent will not be given where goods have been specially purchased by the company to meet the customer’s requirements. If the company in its discretion gives consent, it reserves the right to make a cancellation charge 25% (or such higher percentage as may be notified to the customer before when such consent is given by the company) of the contract price of the goods concerned plus VAT.

12. COPYRIGHT, PATENTS, TRADEMARKS AND INTELLECTUA

a) The customer acknowledges that rights in respect of trademarks, trade names, copyrights, patents and other intellectual property rights connected with the goods do not pass to the customer.
b) The customer agrees to indemnify the company against all liabilities, costs and expenses which the company may incur as a result of work done in accordance with the customer’s specifications which involve infringement of any patent or other proprietary right.

13. TERMINATION

The company shall be entitled by notice in writing to terminate any agreement without prejudice to any claim or right the company may otherwise make or exercise where

a) The customer is in breach of any term, condition or provision of this agreement or required by law
b) The customer shall go in to liquidation (except for the purpose or reconstruction) or if any petition or resolution to wind up the customer, shall be presented or if a receiver is appointed of the customer’s undertaking property of assets or if a distress shall be levied upon any of the customer’s property or if a distress shall be levied upon any of the customer’s property or if the customer shall commit any act of bankruptcy.

14. JURISDICTION

The agreement shall be governed by and construed in accordance with English law and the Courts of England shall have jurisdiction to hear all disputes arising in connection with the agreement.