1. GENERAL
In these Conditions of Sale: “The Company” means Require IT Ltd “The Buyer” means the person, firm or Company ordering or buying goods from the Company. “The Goods” mean the Goods the subject matter of the relevant order for sale. “Working Days” means any other day other than a Saturday, Sunday or Bank Holiday. “Calendar Day” means any day of the year. “Conditions” this document and (unless the context other requires) includes any special terms and conditions agreed in writing between the Buyer and Seller. “Date” stipulated in the Buyers order and accepted by the Seller. “Item” means the goods (including any instalment of the goods parts for them) which the Seller is to supply in accordance with these Conditions.
No contract in respect of the Goods between the Company and the Buyer shall exist until the Buyer’s order has been accepted by the Company. In the event that the Buyers order seeks to make the sale subject to terms different from these conditions, acceptance of the Buyers order by the Company (whether or not such acceptance is accepted by formal order acknowledgement) shall be deemed to be a fresh offer by the Company on the basis of these conditions. In which event (unless these conditions are accepted by the Buyer prior to delivery) acceptance of delivery of the Goods by the Buyer shall constitute acceptance of the Company’s offer and the contract of Sale shall be formed at that moment. No conditions or terms stipulated in any other communications or document shall vary or annul any of these conditions except insofar as the same are expressly consented to in writing by the Company. By clicking to buy any of our items on means the Buyer has agreed with our Terms and Conditions.
You have the right to request a copy of any information that we currently hold about you. In order to receive such information please send your contact details including address and payment of 35gbp to cover administration expenses to the following address: Require IT, 12A Sterling Complex, Farthing Road Industrial Estate, Ipswich, IP1 5AP
2. PRICE
Quoted prices include the cost of normal packaging but exclude delivery, transit insurance (which is carried at extra cost) VAT or installation charges (where applicable). Any work carried out additional to that specified in the relevant quotations or order, whether experimentally or otherwise, shall be charged.
Prices quoted are current prices. Prices of imported goods are subject to variances in exchange rates and in consequence prices will be these holding at time of delivery. Please telephone us should you wish to confirm current price.
The prices for the Goods shall be those ruling at the date of dispatch and the Company reserves the right to amend its quoted prices at any time prior to the date of dispatch.
All prices for Products or Services stated in any quote or estimate are in acceptance and are those current at the time of the Buyers enquiry and will be valid for 7 days.
The Company reserves the right to periodically update prices on the Website, which cannot be guaranteed. The Company will endeavour to ensure prices are correct at the point where the Buyer places an order. Please Note: If ordering from outside of the UK you may be charged import taxes from your country customs office.
3. DISPATCH AND PAYMENT
(a) Unless otherwise stated the price quoted is packed ex our warehouse. An extra charge may be levied to cover delivery and insurance costs. A charge may be made to cover any extra costs involved in delivery to a different address.
(b) Should expedited delivery be agreed an extra fee may be charged to cover any overtime or any other additional costs involved.
(c) Should work be suspended at the request of or delayed through any default of the Buyer for a period of 30 (Thirty) days the Company shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
(d) All items purchased before 16.30 on any working day will be dispatched same day. We ship worldwide. There can be extra shipping charges for items bought outside the UK. If you miss your delivery the courier or postal service we have used will leave you a card with the telephone number of the local depot for you to contact them to arrange a convenient time for your collection.
4. CREDIT POLICY AND PAYMENT INFORMATION
If you do not have a credit account open with us, please ask for a credit application form. Accounts usually take 2 working days to set up, but this period can be reduced if specifically requested. Our credit controllers will be pleased to assist with any problems related to credit. We are pleased to offer credit terms to qualified parties. Our credit terms are 30 (Thirty) days NET from date of invoice. Statements are sent out at monthly intervals to enable you to check your current invoices paid and due. Accounts with overdue balances will be placed on credit hold. This means that no further Goods will be shipped and all support and Repair/Warranty services withdrawn until the account is brought into order. Repeated failure to keep to our credit terms will result in the permanent loss of credit facilities. The Company reserves the right not to release any products or continue to provide any services until such payments are cleared and credited to The Company’s bank account.
5. INTEREST ON DEBTS PAST
We reserve the right to charge interest on debts past due at 10% APR calculated monthly on the outstanding balance until full payment is received. If we need to appoint an external agent to enforce recovery of any overdue monies, we also reserve the right to add all their costs and any additional legal fees incurred to your outstanding balance.
6. RESTOCKING FEE
Restocking fee will not be charged unless the buyer is at fault, where a standard restocking fee of £35.00 will be charged.
7. RETENTION OF TITLE
The Company and the Buyer expressly agree that until the Company has been paid in full for the Goods comprised in this or any other sales contract between them and all outstanding amounts due to the Company from the Buyer or any associated or subsidiary or holding company of the Buyer or from any Director or shareholder of the Buyer or any other such company.
The Goods shall remain the property of the Company and the buyers, as bailees of them for the Company will store the same for the Company in a proper manor without charge and in such a way that the Goods are clearly identified as being the property of the Company, notwithstanding that the risk therein shall pass to the buyer as provided herein.
At any time the Company may recover from the buyer the Goods remaining in the Buyers possession and for the purposes thereof may enter upon any premises of or occupied by the buyer or any third party (with the consent of the third party).
The Buyer has the right to dispose of the Goods in the course of its business for the account of the Company and pass good title to the Goods to their customers being bona fide purchasers for value without notice of the Company’s rights.
In the event of such disposition the Buyer or its Director(s) (if a Limited Company) has the fiduciary duty to account to the Company for proceeds thereof but may retain therefrom an excess of such proceeds over the amount outstanding to the Company under this or any other sales contract between them and for all outstanding amounts due to the Company from the Buyer or any associated or subsidiary or holding Company of the Buyer or from any Director or shareholder of the Buyer or any other such Company.
The Company takes no responsibility for the fitting of the screen by the Buyer. If the Buyer damages the screen whilst fitting, the responsibility is that of the Buyer.
Notwithstanding the processing condition, all risk in respect of the Goods shall be assumed by the Buyer upon the delivery of the same to them.
8. BUYERS PROPERTY
(a) the Buyer’s property supplied to the company by or on behalf of the Buyer shall, while it is in the possession of the Company or in transit to or from the Buyer, be deemed to be at the Buyers risk and the buyer shall insure accordingly.
(b) The Company shall be entitled to make a reasonable charge for the storage of any of the Buyer’s property with the Company before the receipt of the order or after notification to the buyer of the completion of the work.
9. LOSS OR DAMAGE IN TRANSIT OR NON-DELIVERY
The Buyer shall examine the Goods immediately when they are delivered to them. The Company reserves the right to reject claims in respect of shortages or damage in transit or non-delivery of the Goods, 28 days after the due date for delivery.
10. LATE DELIVERY
While the Company will use its best endeavours to deliver the Goods in accordance with the Buyer’s requirements; the Company will not be liable for any consequences of late delivery how so ever caused.
11. DEFECTIVE PRODUCTS
If the Buyer has received defective item(s) or item(s) damaged in transit the Buyer has 24 hours in receipt of the goods to call and inform the Company. Require IT can be contacted on +44 (0)1473 742656 or emailed at returns@requireit.co.uk When returning to us, please ensure the RMA number is displayed on the packaging and please provide a cover note with a detailed description of the fault. If the item is not available at the time the Company will refund the Buyer in full.
The Company’s liability (both in contract and in tort) in respect of defects in the Goods shall be limited to the replacement of the faulty items or material, or the issue of credit notes in respect thereof, or the granting of refunds or other such compensatory measures as the Company at its discretion considers appropriate in the circumstances. Such measures shall relate only to the faulty items or their value, and the Company shall not in any circumstances be under any liability to the buyer in respect of indirect or consequential loss or damage, loss of profits sustained by the buyer PROVIDED, always that these conditions do not exclude or restrict the Company’s liability for death or personal injury rising from its negligence.
12. EXPORT CONTROL
The buyer shall not resell outside the UK any of the products covered by the Export of Goods (control). Act 1987 (or any amendment thereof) or the Export Administration Act 1979 (as amended) of the USA (or any other re-enactment thereof) without obtaining all necessary licenses hereunder and will not resell such goods within the UK to a purchaser knowing (or being given reasonable grounds to suspect by the purchaser) that the purchaser intends to export such goods without first obtaining either such licenses or a copy of such licenses obtained by the purchaser.
13. RECRUITMENT OF EMPLOYEES
The parties hereto accept that the Company will suffer loss if a member of their staff accepts an offer of employment with the other party during the continuance of this contract and six months thereafter. If such a member of the Company’s staff accepts such an offer of employment with the other party, the other party agrees to pay the Company the equivalent of six months salary for that member of staff. The provisions of this clause shall apply to subsidiaries, associates and parent Companies of the Company and the other party.
14. FORCE MAJEURE
The Company reserves any right to cancel, vary or suspend the operation of Contract of Sale if events occur which are in the nature of Force Majeure including (without prejudice to the generality of the foregoing) fire, floods, storms, plant breakdown, strikes, lockouts, riots, hostilities, non-availability of materials or supplies or any other event outside the control of the Company and the Company shall not be held liable for any breach of contract resulting from such an event.
15. CANCELLATION
The Company may withhold or cancel further or any deliveries under the contract of sale and may recover all losses resulting therefrom if the Buyer:
Fails to make payment on the due date under any contract with the Company, or
Enters into a composition with its creditors, or (being a company) has a receiver appointed or passes a resolution for winding up or if a court shall order it to be wound up, or commits on an available act of bankruptcy, or
Is in breach of any items and conditions contained herein (notwithstanding that on a former occasion or occasions it has waived its rights). The exercise of rights under condition 15 and under this condition 16 shall be without prejudice to the Company’s other rights or remedies.
16. LAW
The parties agree to submit to the exclusive jurisdiction of the English courts.
17. REGULATIONS
This Contract complies with the Regulations as set out for individual consumer statutory rights.
18. DATA PROTECTION
(a) Information we collect: We may collect personal identifiable information about you, such as your full name, phone number and email address when you place an order with us. We do not send promotional emails; however, we may send service related emails related to your account or orders.
19. ITEMS
Where goods have been ordered by a specific part number the Company reserves the right to substitute this product with a compatible part of the same quality and price. The cost of returning any such substitute goods to The Company in the event of cancellation by the Buyer and the Buyers responsibility. Some part numbers quoted have been out of production for many years. If your item is not currently in stock, we will back order for you. You will always be emailed with the option to cancel your order if you would rather not wait. The Company may ship 100% compatible parts.
The Company reserves the right to withdraw any Goods from the website at any time. The Company will not be liable to anyone for withdrawing any goods from the website or for refusing to process an order. The Company reserves the right to vary the specification of any item, withdraw or amend any item without prior notice.
20. WARRANTY
All of our items come with a full warranty. All warranty is return to base and the Company are not liable for any damages incurred whilst returning parts.
21. RETURNS POLICY
If by any means the Buyer decides they do not want the item they have 7 days from delivery date to inform the Company, obtain an RMA number from us, return the item(s) in its original packaging unscratched and undamaged in any way and obtain a refund.
For all returned goods a Returns Authorisation Number (RMA) must first be obtained from our Customer Advocacy Department immediately. All returned goods must be clearly marked with a valid returns number as supplied by the Company. Goods must be in their original packaging. Returned item(s) must be the exact item which the Company originally shipped out and must have all original labels, original shape, quality and quantity, warranty stickers and serial numbers in place, unscratched an undamaged. It is the responsibility of the Buyer to ensure the item is returned to us safely. All returned items will be tested before issuing refund or replacement. The Buyer must inform the Company of any returns by email or telephone and obtain proof of posting using a Recorded/Signed For service. In the unlikely event that returned items are lost in transit, that is the responsibility of the Buyer.
Warranty of the item will be void if items returned to us in a tampered condition due to mishandling, accident, misuse, abuse, negligence, modifications, alterations or repairs made to the product. All warranty is return to base.
It is the responsibility of the Buyer to pay all charges incurred during items transaction, shipping and returns, e.g. import duties and others.
22. COMPLAINTS
All complaints must be addressed to The Company and sent via letter or email.
23. LIMITATION OF LIABILITY
Except as may be implied by Law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the Remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatsoever.
24. WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
25. CHANGES TO TERMS AND CONDITIONS
The Company reserves the right to modify these Terms and Conditions at any time but their right shall not affect the existing Terms and Conditions accepted by the Buyer on making the purchase.
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