TERMS
AND CONDITIONS
These "Terms and Conditions" will apply to and
govern all Contracts under which Daniel Arnott - PC Solutions, its affiliates,
subsidiaries, agents or contractors acting on its behalf, agree to supply goods
and services, and shall prevail over any terms and conditions of the
client/customer, whether referred to in the clients order, or in correspondence
and elsewhere, or implied by trade custom practice or course of dealing. Any
purported provisions to the contrary are hereby excluded or extinguished. No
variation of these terms and conditions shall be effective unless previously
agreed in writing.
1.Security: It is the customers responsibility
to ensure that prior to Daniel Arnott - PC Solutions starting work on its
computer system or other electronic installation, that all critical data has
been backed up, and that appropriate recovery procedures are in place. It is the
customers responsibility to back up all files and folders. Daniel Arnott - PC
Solutions cannot accept liability for any loss of data and/or information during
any repair, upgrade or diagnosis.
2. Software Licensing: It is the clients
responsibility to comply with the terms of use, distribution, duplication and
other requirements whether public or private in origin applicable applied to any
software supplied through Daniel Arnott - PC Solutions.
3. Public Domain Software: In the case of
software that is available as "freeware", "shareware" or otherwise supplied from
the public domain, such software is supplied to the client on an "as is" basis.
Daniel Arnott - PC Solutions makes no warranty as to fitness for purpose,
performance or as to freedom from embedded malicious software.
4. Maintenance of Protection: It is the clients
responsibility to ensure that the effectiveness of any software supplied by
Daniel Arnott - PC Solutions is maintained, by acquisition from the original
developer of such database files, programme patches or other revisions, as may
become available from time to time.
5. Privacy: It is the clients responsibility to
ensure that all applicable civil liberty legislation and personal privacy
safeguards are complied with when using software supplied by Daniel Arnott - PC
Solutions, both those enshrined in UK and EU law, and those included in any
telecoms service contracts entered into by the Client.
6. Payment Prices charged may be varied without
prior notice. Payment shall be made on the date of performance or by express
written agreement between Daniel Arnott - PC Solutions and the client not later
than 30 days following the date of performance. In the event of late payment
interest will accrue at the base rate of Barclays Bank plc plus two per cent.
7. Delivery: The dates for delivery of goods,
materials or execution of activities mentioned in any quotation or
acknowledgement of orders are approximate only. Delivery may be made in whole or
in part at the option of Daniel Arnott - PC Solutions, and where delivered by
instalments shall be invoiced separately and seen as separate contracts. If, in
the case of the contract or any order involving more than one delivery, default
is made in payment on the due date, Daniel Arnott - PC Solutions shall have the
right to suspend any further deliveries or activities pending payment, or to
terminate the contract in its entirety.
8. Copyright: Copyright of all material
originated by Daniel Arnott - PC Solutions, either in the form of pre-contract
documentation or as text, images, research papers or electronically stored code
for the manipulation, transmission and presentation of information, remains
vested in Daniel Arnott - PC Solutions. By separate negotiation and upon payment
in full, copyright may be assigned or licensed to the client.
9. Ownership of Goods: Title to the goods shall
only pass to the client upon payment in full of all sums owing or due to Daniel
Arnott - PC Solutions, whether under contract or otherwise. Until such payment
the client shall store the goods in such a way as to show that they are the
property of Daniel Arnott - PC Solutions
10. Risk: Risk in the goods or material passes
upon delivery to the clients premises. Where material is transmitted
electronically, risk will be deemed to have passed to the client, upon the
moment of transmission - not of receipt.
11. Indemnity: The client will indemnify Daniel
Arnott - PC Solutions, its staff, contractors and agents for any loss or damage
suffered or incurred as a result of failure to obtain any necessary license or
consent to enter any premises, or premises being unsafe or unsuitable, or any
failure of the client to comply with any conditions imposed by any other party.
12. Liability: Daniel Arnott - PC Solutions
shall under no circumstances be liable for any loss, damage, expense or injury
of any kind. Whether direct, consequential or otherwise, arising in connection
with the execution of a contract or the use or failure of the goods supplied or
any defect in them, or from any other cause whether or not due to the acts or
omissions of Daniel Arnott - PC Solutions, its staff, contractors, or its
agents, in excess of the contract invoice value.
13. Force Majeure: Daniel Arnott - PC Solutions
shall not be liable to the client for any loss or damage which may be suffered
by the client as a result of the delivery of goods, materials or the execution
of a contract being delayed prevented hindered or made uneconomic by reason or
circumstances or events beyond Daniel Arnott - PC Solutions control including,
but not limited to:
(a) Act of God, or riot, strike, lock-out, trade
dispute, labour disturbance, restriction or ban on overtime, accident, fire,
flood or storm difficulty or increased expense or;
(b) Failure by the client to give adequate
instructions or supply the necessary information in due time or
(c) Failure by any third-party to carry out
their part of the work or otherwise perform their obligations when required.
14. Claims: All claims in respect of material,
goods or non-execution of the Contract must be made in writing and received by
Daniel Arnott - PC Solutions no later than fourteen (14) days of the date of
delivery to the client, the clients premises or the Clients vehicle, or in the
case of electronic transmission, from the date of transmission.
15. Waiver: Any waiver by Daniel Arnott - PC
Solutions of any breach of any term of these Terms and Conditions shall be valid
only if given in writing.
16. Severance: Daniel Arnott - PC Solutions and
the client believe that these Terms and Conditions are reasonable. If any
provision shall be held to be contrary to applicable law, such provision shall
be severed from the remainder, and the remainder shall continue in full force
and effect.
17. Notices: Any notice hereunder shall be
deemed to have been duly given if sent pre-paid first class post, fax or e-mail
to the party concerned at the address specified.
18. Law: All contracts to which these Terms and
Conditions apply shall be governed and construed in accordance with the laws of
England and Wales, and the parties hereby submit to the jurisdiction of the
courts of England and Wales
