Terms and Conditions - LW Computers (www

Terms and Conditions - LW Computers (www.lwcomputers.co.uk)

1. Definitions

In these conditions the following words shall have unless the context requires otherwise, the meanings set out opposite them:

1.1 "the Company" shall mean LW Computers.

1.2 "the Customer" shall mean any person, firm, Company, or organisation to which the Company agrees to sell "the Goods".

1.3 "the Goods " shall mean Products (and any part thereof) and Services provided by LW Computers.

2 General

2.1 No contract exists between the Customer and the Company for the sale of and Goods until the Company has received and accepted your order. Confirmation of acceptance will be sent in writing to the Customer by e-mail, post or hand.

2.2 The Company reserves the right by notice in writing to the Customer to add or amend or vary these conditions at any time before acceptance of delivery of or payment for the Goods. If any said changes made are not acceptable to the customer they may cancel their order (with a full refund if applicable).

2.3 Acceptance of delivery of the Goods or payment for the Goods by the Customer to the Company or allowing the Company to commence any work with regard to the customer instructions shall of itself constitute an acceptance of these conditions.

2.4 Quotations shall be available for acceptance (unless expressly stated otherwise) for a maximum period of 21 days from the date thereof and may be withdrawn by the Company within such period at any time by written or oral notice.

2.5 If any quote or order, statement or representation is disputed - the Customer must set out that statement or representation in a document to be forwarded to the Company. In such cases the Company will confirm, reject, or clarify the point and submit a new quotation or order if appropriate.

3 Delivery

3.1 Time for delivery is given as accurately as possible but is not guaranteed.

3.2 In the event that the Goods are not delivered within 10 working days and an alternative date cannot be arranged for any reason then the Customer is within their rights to demand cancellation of their order with a full refund.

3.3 The Company shall be required to fulfil orders for the Goods in the sequence which they are placed.

3.4 Failure by the Customer to take the delivery of or to make payment in respect of the Goods or any one or more instalment payments of the Goods shall entitle the Company to treat the whole of the contract as repudiated by the Customer.

3.5 Without prejudice to Condition 3.6, the Company will endeavour to comply with reasonable requests by the Customer for postponement of delivery of the Goods, but shall be under no obligation to do so. Where delivery is postponed by the default of the Customer, the Customer shall pay all costs and expenses incurred by the Company caused by the postponement.

3.6 Risk for the Goods shall pass to the Customer so that the Customer is responsible for any loss, damage or deterioration to the Goods.

3.7 Title to the Goods or any part thereof shall not pass to the Customer until: -

The Customer has paid to the Company all sums due and payable by it to the Company under this contract and all other prior contracts between the Company and the Customer or

The Company serves notice in writing on the Customer that the title of the Goods has passed to the Customer.

3.8 The Customer shall only be at liberty to sell or dispose of the Goods after all payment(s) for the said Goods have been made to the Company.

4 Price

4.1 All prices unless otherwise stated are inclusive of VAT but exclude delivery cost of the Goods. The cost of any carriage and packaging (if required) shall be borne by the Customer.

4.2 If after the date of the Company's quotation the cost to the Company for the materials used in the manufacture of the Goods has increased, then the Company may give notice of any such increases which will effect the price quoted to the Customer. In these circumstances should the Customer disagree to any change in the initial quote may, by notice in writing to the Company, cancel the order.

4.3 All prices are subject to change without notice.

5 Terms of Payment

Unless otherwise agreed by the Company in writing, payment for the Goods shall be paid in full and received by the Company on the date of the Company's invoice. The Company shall be entitled to submit an invoice with a delivery advice note, save that where delivery has been postponed at the request of or by the default of the Customer, then the Company may submit its invoice at any times after the Goods are ready for delivery.

6 Cancellation

6.1 The Customer has a right to cancel their order within 7 days of purchase of Goods without giving any reason.

If the customer cancels their order they are entitled to a full refund. The Customer will however be responsible for any charges that may apply concerning the delivery cost for returning the Goods to the Company.

6.2 We will refund the Customer within 3 days of receiving the Goods.

6.3 Refund for Goods purchased by the Customer are subject to the Goods being in the same condition as when they were bought. Damage, neglect of the Goods or Warranty Seal removal/breakage on the Goods will invalidate the Company's promise of any refund to the Customer.

7 Shortages and Defects

The Company shall not be liable for:-

7.1 Any shortages or defects in the quality or state of the Goods which would be apparent on visual inspection by the Customer after 2 working days of arrival at the Customers premises.

7.2 Any shortages or defects in the quality or state of the Goods not apparent on the visual inspection, but which would become noticeable later. These shortages or defects are to be reported to the Company as soon as possible after the discovery and in any event, not more than 7 days after the date of arrival of the Goods at the Customer's premises.


7.3 Loss or damage caused by the reason of use of the Goods after the Customer becomes aware of a defect.

7.4 Neglect of the Goods or Warranty Seal removal/breakage on the Goods will invalidate the Company's promise to replace any defective Goods.

8 Guarantee

8.1 In the event that the Goods or any part thereof are defective in quality or state then the Customer shall require (in lieu of any legal remedy which may otherwise have been due to the Customer) the Company to repair or replace the Goods. Provided the Customer has complied with the requirements contained in these conditions the cost of any such repair or replacement being borne by the Company excluding any delivery costs in returning the defective Goods to the Company's place of business.

Upon the Company repairing the defective goods or supplying a satisfactory alternative of similar quality then the Customer shall be bound to accept such repaired or alternative Goods. The Company shall be under no obligation to the Customer in respect of any loss or damage whatsoever arising from the initial delivery of the defective Goods or from the delay before the defective Goods are repaired or the substitute Goods are delivered.

8.2 For those items that carry a manufacturers warranty, not a Company warranty, and in the event that the manufacturer goes out of business and their product becomes faulty during the warranty period we cannot accept responsibility for the repair of nor supply a replacement product at no cost.

8.3 In the event that any Goods which are not manufactured or supplied by the Company are used to upgrade or alter the Goods which were manufactured or supplied by the Company in anyway. Then no guarantee can be made that the sale or use of these Goods will not infringe any patents or copyrights of any other person or Company. This will also invalidate any guarantee supplied with the purchase of the Goods from the Company.

9 Liability

Save where the Company can be shown to have failed to exercise reasonable care in the manufacture and/or supply of the Goods and such failure results in a death or personal injury, the Company shall not be without prejudice to condition

9a Be liable to the Customer for loss, injury or any damage of any kind (consequential or otherwise) which result directly or indirectly from the Company's supply or the failure to supply Goods to the Customer.

9b By entering the Company's web-site you agree that any loss of profits or damage to equipment or data which occurs either directly or indirectly from the use of this web-site will be your own responsibility and not that of the Company.

9c The Company is only liable if the goods are not of a satisfactory quality and fit for their general or specific purpose of use. These rights are commonly known as the consumers' statutory rights and are inalienable.

10 Confidential Information

All drawings, documents, confidential records, computer software and other information supplied by the Company are on the express understanding that all copyrights are reserved to the Company. The Customer is prohibited (without the written consent of the Company) to give away, loan, exhibit, reproduce, or sell any such documents or information. Except in connection with the Goods in respect for which they are supplied.

11 Sub Contractors

The Company shall be entitled (without the prior consent of the Customer) to Sub-contract the whole or any part of the contract or to employ any independent contractor to perform its obligations under the contract. In so doing none of the obligations accepted thereunder by or the rights conferred on the Company shall in any way shall be negative or varied.

12 Quantum Meruit

Where for any reason (whether arising under the contract or otherwise) the Goods can only be partly completed then the Company shall be entitled to payment in quantum meruit based on all work carried out without prejudice to the Company's other rights and remedies should non-completion be occasioned by default of the Customer.

13 Notices

Any notice required to be given by either the Company or the Customer to the other shall be deemed properly served if sent and received by e-mail or letter.

14 English Law

The contract made thereunder shall be governed and interpreted according to English Law and the Company and the Customer hereby submit themselves to the jurisdiction of the English Courts.

15 Maintenance

The Company can offer a flexible maintenance agreement to suit the customer's requirements.

We can either maintain our equipment ourselves or use a third party, whichever the customer prefers. Generally a next working day response by an approved Company engineer. All Monitors and Printers are covered by their respective manufacturer warranties, extended warranties are available from their manufacturers on many of these. Faulty mice, keyboards and other such peripherals will be shipped for customer installation and exchanged. Failed hard disk drives are generally replaced with one containing the original configuration of the PC when originally shipped. This is normally within four working days. A 'Faulty on arrival' situation covers equipment for a 7 day period after delivery.

16 Additional

The Company will apply for tenders to provide complete computing services. Any information pertaining to the tender or the nature of business of the client shall remain confidential to the client and LW Computers and shall not be divulged to any third party without the express permission of the client. LW Computers shall also undertake to provide all necessary indemnities to all parties when undertaking the construction, technical advice, installation and any other such activities involved in specific client projects. Unless otherwise stated in writing, the Company reserves the right to use parts or materials of an equal or superior specification to that stated, should shortages in the market place, endanger timely delivery of computers or equipment.

17 Payment

All prices quoted are inclusive of VAT at the current rates. The total cost of your order is the price of the Goods ordered plus Shipping Charges. Payment can be made by any of the specified Payment Methods agreed on by the Customer and the Company.

18 Refusal of Transaction

We reserve the right to withdraw any Products from our Web-site at any time remove or edit any materials or content on the Web-site. We may refuse to process a transaction for any reason or refuse service to anyone at any time, as is our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from the Web-site, whether or not that Product has been sold.

19 Privacy Policy

We respect your personal information and undertake to comply with applicable UK Data Protection legislation from time to time in place. We confirm that any personal details which you provide to us (or which are available on public registers) from which we can identify you are held in accordance with our Data Protection Registration Notification. When you place an order on the Web-site, we consider the information you input as private. The information is kept safe and protected from outside parties. We use the information only for the allowing purposes: Processing your orders; For statistical purposes to improve the Web-site and it's services to you; To administer the Web-site and to notify you of products or special offers. You agree that you do not object to us contacting you for any of the above purposes by e-mail and that you do not and will not consider any of the above as being a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999. In the event that you do not wish to be contacted us please inform us via our 'Help Page' on our Web-site.

20 Web Site Policy

20.1 You may not download or distribute any of the materials displayed on the Web-site, except with the written permission of LW Computers or when expressly permitted in the text of the Web-site. In which case you may download and distribute those materials displayed on the Web-site to which such permission applies and for personal use only, provided that you do not alter, modify or receive consideration for the materials in any manner. You must also retain all copyright and other proprietary notices contained on the materials. You also agree not use any such material to denigrate, disparage, or otherwise make negative reference to LW Computers or its clients. When such material is the property of LW Computers, the following notice should be used in every copy or reproduction: "(c) LW Computers 2002. Used With Permission. All rights reserved." You may not copy, post, upload to any network, Intranet or Internet, rebroadcast or retransmit, or otherwise disseminate such material in any medium without LW Computers express written permission. The permission in this paragraph may be withdrawn at any time upon direct or indirect (such as by posting) notice to you, at the sole discretion of LW Computers, and you agree to immediately cease all use of such material. You should assume that every-thing displayed on the LW Computers Web-site is protected by the Copyright laws of the United Kingdom. LW Computers neither warrants nor represents that your use of the materials displayed on the Web-site will not infringe rights of third parties not owned by or affiliated with LW Computers.

20.2 While LW Computers uses reasonable efforts to include accurate and up-to-date information on the site, LW Computers makes no warranties or representations as to its accuracy. LW Computers assumes no liability or responsibility for any errors or omissions in the content on the Site. Your use and browsing of the Site is at your own risk. Neither LW Computers nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Web-site. Without limiting the foregoing, everything on the LW Computers Web-site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

LW Computers assumes no responsibility or liability for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Web-site or your downloading of any materials, data, text, images, video, or audio from the Web-site.

20.3 LW Computers will endeavour to respond promptly and appropriately with respect to communications we receive. Please note, however, that it is the policy of LW Computers not to accept unsolicited ideas, concepts, materials, information, proposals, and the like, so please do not send any. Any communication or material you transmit to the Site or LW Computers by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post to the Web-site may be used by LW Computers or its affiliates for any purpose, including, but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, LW Computers is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Web-site or LW Computers for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information.

20.4 Images of people or places displayed on the Web-site are either the property of, or used with permission by, LW Computers. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Web-site. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You are also advised that LW Computers will aggressively enforce its intellectual property rights to the fullest extent of the law, which may include seeking criminal prosecution. LW Computers has not necessarily reviewed all of the sites linked to the Web-site and is not responsible for the contents of any off-site pages or any other Web-sites linked to the Web-site. Your linking to any other off-site pages or other Web-sites is at your own risk. LW Computers inclusion of such a link between the Web-site and any other Web-site should not be construed as an endorsement of the linked Web-site or its owner.

You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. LW Computers will fully co-operate with any law enforcement authorities or court order requesting or directing LW Computers to disclose the identity of anyone posting any such information or materials.

20.5 LW Computers may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

Kernow - UK

Cornwall - UK


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