You should read these terms and conditions before placing an order, and by placing an order you will be deemed to have accepted them and to be bound by them when you use the Website, whether or not you have read them. The Website records the date on which you place an order and signifies such acceptance of these terms and shall be conclusive evidence of the same.
- 'Customer' means the party identified as the Customer in this Agreement to whom we may agree to supply Products in accordance with these terms and conditions.
- 'Euro compliant' means the ability of the Product to comply with all requirements applicable to the introduction of the Euro into the United Kingdom, including, but without limitation, conversion and rounding facilities.
- 'Products' means goods or services including but not limited to computer hardware and software items to be provided by us to the Customer in accordance with these terms and conditions.
- 'Third Party Software' means all software owned by or licensed to the Customer from a third party owner (whether or not supplied by us) and which comprises part of the Products.
- 'Working days' means Monday to Friday, excluding Bank or other public holidays.
- All contracts of sale made by us shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ('the Customer') with whom we are dealing.
- All orders are subject to availability and confirmation by us. Cancellation of orders by the Customer following receipt of our despatch confirmation is not possible as many orders will be forwarded for despatch on the same day the order is placed.
- Any order placed by the Customer for goods advertised on our website is an offer by the Customer to purchase the goods selected in the order. No contract exists between the Customer and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion).
- We will send you an order acknowledgement by email shortly after you place your order, notifying you that we have received your order. This acknowledgement is not notification that we have accepted your order. If we accept your order, we will notify you by email that the goods have been despatched.
- If we cannot accept your order for example (but without limitation) because the goods are found to be unavailable or are incorrectly priced we will notify you by telephone or email that the order has been cancelled.
- We do not warrant the suitability of goods for a particular purpose. Specifications are intended as a guideline only and you should check specifications and suitability with manufacturers before ordering.
- Any time or date stated for the delivery of Products is an estimate only. We make every effort to supply Products on time but does not accept liability for failure to deliver within the stated time.
- We do not accept liability for shortages or damage to deliveries unless the Customer notifies us in writing within three working days of receipt.
- Delivery of the Products is deemed to take place when the Products are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage shall pass to the Customer.
- If the Customer does not accept delivery, we may at our option (a) store and insure the Products at the Customer's expense and risk or (b) sell the Products at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall.
4. Errors & Omissions
- While we try and ensure that all prices and product descriptions on our website are accurate, errors may occur. If we discover an error in the price or description of goods you have ordered we will inform you as soon as possible and give you the option of re-ordering the correct goods at the correct price or cancelling your order. If we are unable to to contact you we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.
- Payment is due 30 days from the date of the invoice, unless otherwise agreed in writing.
- If payment is not made on time, we may charge interest daily on the outstanding balance at 4% above Bank of Scotland base lending rate.
- Title in the goods does not pass to the Customer until payment is received in full by us.
- Until such time as the title in the Products passes to the Customer, the Customer shall hold the Products as our fiduciary agent and bailee, and shall keep the Products properly stored, protected and insured and identified as our property.
- Until such time as the title in the Products passes to the Customer (and provided the Products are still in existence and have not been resold), we shall be entitled at any time to require the Products to be delivered to us and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Products are stored and repossess the Products.
- The Customer's right to use such Products shall immediately cease if an Administrative Receiver is appointed over all or any part of its assets or if it adjudicated bankrupt or enters into liquidation whether compulsory or voluntary, or if the Customer makes an arrangement with its creditors, or generally becomes unable to pay its debts within the meaning of Section 123 Insolvency Act 1986 as from time to time amended, extended or re-enacted.
- On termination of the Customer's right to use the Products the Customer will immediately hold the Products to the order of us.
- The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of us, but if the Customer does so, all monies owing by the Customer to us shall (without prejudice to any other right or remedy by us) forthwith become due and payable.
- We reserve the right to cease supplies of Products to the Customer at any time. On such cessation of supplies, we reserve the right to withdraw any credit facility such that the whole of the Customer's account becomes due for payment forthwith.
6. Product Specifications
- We make every effort to supply the goods as advertised but reserves the right to vary actual dimensions, specifications and quantities without prior notice where necessary.
- We will not be liable in respect of any loss or damage caused by or resulting from any variation for whatsoever reason in the manufacturer's specifications or technical data or caused by or resulting from any Third Party Software and will not be responsible for any loss or damage resulting from curtailment or cessation of supply following such variation.
- Unless otherwise agreed, the Products are supplied in accordance with the manufacturer's standard specifications as these may be improved, substituted or modified. We reserve the right to increase its quoted or listed price, or to charge accordingly in respect of any orders accepted for Products of non-standard specifications.
7. Proprietary Rights in Software Products
- The Customer hereby acknowledges that it is its sole responsibility to comply with any terms and conditions of any licence attaching to Third Party Software supplied and delivered by us. The Customer is hereby notified that failure to comply with such terms and conditions could result in the Customer being refused a software licence or having the same revoked by the proprietary owner. The Customer further agrees to indemnify us in respect of any costs, charges or expenses incurred by us at the suit of a Third Party Software owner as a result of any breach by the Customer of such conditions.
- No title or ownership of [software] Products or any Third Party Software licensed to the customer under this agreement is transferred to the Customer under any circumstances.
8. Trade names and Trade Marks
- Trade names and marks (other than our's) are not restricted to indications of manufacturers but may also be indicative of general use systems and machines associated with such products. Nothing in these terms and conditions shall be construed as granting the Customer any right or licence under any intellectual property right of Tonercare (including any rights we may have in any patents, copyrights, trademarks, service marks or any trade secrets), by implication, estoppel or otherwise.
We believe that you will be delighted with your order but there may be occasions where you feel it necessary to return an item. These terms do not affect your statutory rights.
No returns will be accepted or processed without a Return Materials Authorisation (RMA) number being issued by us. Goods are not supplied on a trial basis. Customers are responsible for verifying suitability and compatibility of goods BEFORE purchasing.
Your statutory rights under the ???The Sale of Goods Act 1979??? (including amendments) are fully supported by us. The ???Consumer Protection (Distance Selling) Regulations 2000??? do not apply to business purchases.
9.1 Unwanted Goods ( including incorrect Goods sent in error )
If you are a business customer, you may return any unopened goods, in original condition, which can be sold again ???as new???, within 14 days after the day of receipt of the goods. Customers are responsible for the delivery costs of returning the goods. Please email our Returns department email@example.com to arrange a return. You will be refunded once the goods have been received and confirmed ???as new???. You will be liable for all administrative costs associated with the return of the goods and this may well include a re-stocking fee which you will be advised of when arranging your return.
Returns must be adequately packed and the RMA number clearly displayed without marking the original packaging.
We do not accept returns after 14 days from the day of receipt of goods, or on goods which have been opened and cannot be sold again 'as new.'
9.2 Faulty Goods within 30 days
If there is a fault with your product you may return the product within 30 days of delivery for repair, replacement or refund. Please email our Returns department to arrange a return.
Goods must be received by us within 14 days of the RMA number being issued. We will not be held liable for goods lost or damaged in transit. Customers are responsible for the delivery costs of returning goods. Any return found not to be defective or with faults caused by accident, neglect or misuse will incur a return freight charge.
When an item is to be replaced or refunded the goods must be in original packaging, and with all original boxes, packing materials, manuals, blank warranty cards and all other accessories and documentation provided by the manufacturer. Goods must be adequately packed and the RMA number clearly displayed without marking the original packaging. Our promise to replace products or refund your money does not apply to faulty goods where the fault has been caused by accident, neglect or misuse.
9.3 Faulty Goods more than 30 days
Most products carry up to a 3 month manufacturers warranty from date of sale.This includes many consumable products such as toner & ink cartridges, image drums, fusers & maintenance kits. If your product is within the manufacturers warranty we will, in conjunction with the manufacturer or the manufacturer's authorised distributor repair or replace it free of charge. It is solely at our discretion as to whether a repair or replacement is provided. Please email our Returns department stating the reason for return, your order number, and request an RMA number.
- To faults caused by accident, neglect or misuse.
- If you return the product to us without proof of purchase.
- To the best of our knowledge, all Products supplied by us are warranted to be free from defects in workmanship and materials. No Products are tested or sold as being fit for any purpose or use under specific conditions unless expressly agreed in writing.
- If any part of the hardware Products should prove defective in materials or workmanship under normal operation or service, such Products will be repaired or replaced only in accordance with any warranty cover or terms as provided by the manufacturer of the Products. We do not undertake repair or maintenance of Products and is not responsible for the cost of labour or other expenses incurred in repairing or replacing defective or non conforming parts.
- This warranty shall not apply if the hardware Products have been worked upon, altered or damaged in any way by the Customer or its employees or agents, or if it has not been used in accordance with the manufacturer's instructions. The failure of a Product to be Year 2000 complaint or Euro compliant does not constitute a defect in materials and workmanship.
- We warrant that subject to clause 4 above ( Errors & Omissions ) the product will at the time of delivery correspond to the description given by us except where the customer is dealing as a comsumer (as defined in the Unfair Contract Terms Act 1977 S.12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the product and whether implied by statute or common law or otherwise are excluded.
- Except as expressly provided in these terms and conditions and to the extent permitted by law, no warranty, condition, undertaking or term expressed or implied is given or assumed by either party and all such warranties, conditions, undertakings and terms are hereby excluded.
We shall not under any circumstances be liable in contract, tort (including negligence, breach of statutory duty or otherwise) for:
- any loss of direct or indirect profit or business, goodwill, contracts, revenues, management time, wasted expenses, anticipated savings or loss of or damage to data or arising from loss of data; or
- or any increased costs or expenses; or
or any indirect or consequential loss or damage of any nature whatsoever.
- Ours liability in respect of breach of the terms of any order shall be limited to the invoiced value of such order.
- The provisions of this Clause 11 shall survive the expiry or termination of these terms and conditions howsoever arising.
12. Health and Safety
- In accordance with the Health and Safety at Work etc Act 1974 and the Consumer Protection Act 1987, we confirm that to the best of its knowledge the Products it supplies as a distributor do not present a hazard to health and safety when properly used for the purpose for which they are designed, provided the Customer takes reasonable and normal precautions in their use.
- If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
- Any waiver of a breach of this Agreement must be in writing and shall not constitute a subsequent waiver of any such right, requirement or default. Any failure by a party to exercise its rights or remedies under these terms and conditions shall not operate as a waiver of such rights or remedies.
- We reserve the right to amend these terms and conditions, subject to providing notice to the Customer, or by posting the amended terms upon the Website. By continued access to and use of the Website, you agree to any such amendments to these terms and conditions.
- The headings are for convenience only and shall not affect the interpretation of this agreement.
- Any notices given under this agreement shall be in writing and sent (a) by first class pre-paid post to the last known address of the party or (b) by fax to their last known fax number or (c) by electronic transmission to an email address specifically notified for that purpose. The notice shall be deemed served (a) two working days after posting or (b) upon receipt of a successful transmission report or (c) immediately upon transmission provided that confirmation of receipt is received/a confirmatory copy is sent by first class pre-paid post or delivered by hand by the end of the next business day.
- The provisions of The Contracts (Rights of Third Parties Act) 1999 shall not apply to this agreement.
- The relationship between the parties is one of independent contractors and nothing contained in these terms and conditions shall be construed as constituting or establishing any partnership or joint venture between the parties.
- The Customer shall not be entitled to assign, delegate, transfer, sub-contract or otherwise dispose of this agreement.
- Save with respect to fraudulent misrepresentation, these terms and conditions constitute the entire agreement between the parties and replaces all previous written or oral agreements to the extent they remain unperformed.
- This agreement shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
- These Terms and Conditions do not affect consumers' statutory rights.