If you have any questions about our Conditions of Business, please feel free to get in touch and we'll be happy to help.
|
| 1 |
In these Conditions, "Clarity" means Clarity Computing Limited, an IT services and support company registered in England & Wales number 5764689; "Customer" means the person, firm, company or organisation ordering or buying Goods from Clarity; "Goods" means any goods or services supplied or to be supplied by Clarity to the Customer, either directly or on behalf of a third party. |
|
| 2.1 |
Unless explicitly stated otherwise, quoted prices exclude delivery, transit insurance, installation charges and VAT. Any Goods provided or work carried out in addition to that specified in the relevant quotation or order, whether experimental or otherwise, will be charged. |
| 2.2 |
Prices for any Goods shall be those prevailing at the date of despatch. Clarity reserves the right to amend its quoted prices at any time prior to this date. |
| 2.3 |
All on-site work necessary for the provision of Goods will be charged at Clarity's standard rate for each hour or part thereof that an engineer is at the Customer's site. |
| 2.4 |
If a job can be carried out entirely via remote access and no on-site visit is necessary, Clarity will discount its standard rate by 20% for the appropriate work. |
| 2.5 |
On-site visits are not subject to a call-out charge provided they are within a reasonable travelling distance. In the event of a long-distance visit Clarity reserves the right to charge for travelling time. |
|
| 3.1 |
For on-site visits, payment is due immediately on completion of each visit. In certain circumstances, Clarity may decide to treat multiple on-site visits as one and invoice accordingly. Significant hardware purchases will be invoiced in advance and full payment must be received from the Customer before Clarity orders the Goods from its suppliers. |
| 3.2 |
Clarity may, entirely at its discretion, extend credit facilities to selected Customers, and in such cases all invoices are due within 30 days. Customers with overdue accounts will have their access to returns and support services suspended until such time as their account is brought into order. Repeated failure to settle invoices in a timely manner will result in the permanent withdrawal of credit facilities. |
|
| 4.1 |
Delivery dates are approximate only and, whilst Clarity will make all reasonable efforts to meet such dates, Clarity does not accept any responsibility or liability if any delivery dates are not met. |
| 4.2 |
Clarity may, without prejudice to any rights that it may otherwise have in respect of undelivered Goods, (a) deliver any portion of the Goods ordered; and (b) invoice the Customer separately for each such delivery if the Goods have not been paid for in advance. |
| 4.3 |
Clarity shall have no liability to the Customer for any claim for short delivery or loss or damage upon delivery unless Clarity is notified in writing by the Customer within 7 days of delivery. |
| 4.4 |
Clarity shall have no liability to the Customer for any claim for non-delivery unless Clarity is notified in writing by the Customer within 10 days of the date of the invoice in respect to the Goods. |
| 4.5 |
If delivery of Goods is to a mutually agreed written schedule, each instalment shall be deemed to be a separate sale and the default of Clarity in respect of any one or more instalments shall not entitle the Customer to repudiate the contract with regard to all or any other instalments. |
|
| 5.1 |
We accept payment by cash, cheque, or electronic transfer. All payments must be received in UK Pounds Sterling and the Customer shall ensure they are free from any charge, lien or other encumbrance. |
| 5.2 |
Clarity may appropriate any payment made by the Buyer towards the satisfaction of any invoice outstanding as Clarity in its absolute discretion sees fit. |
| 5.3 |
If the Customer fails to make any payment due to Clarity before or on the due date:
| 5.3.1 |
the entire balance outstanding on all invoices from Clarity to the Customer shall become payable in full to Clarity immediately without further demand, despite any provisions to the contrary in any invoice or otherwise; and |
| 5.3.2 |
Clarity may, without prejudice to any other right or remedy available to it, (a) withhold delivery under, or cancel, any or all orders and/or contracts with the Customer; and/or (b) retain any amount already paid to it by the Customer. |
|
| 5.4 |
If the Customer delays or requests delay in payment for any Goods or Services for whatever reason, or in any way defaults on their obligations to Clarity, or if Clarity has any reason to believe that the Goods are in jeopardy or the Customer is unable to pay for the Goods then Clarity may, without prejudice to its other rights, (a) claim interest at a rate of 2.5% per month; or (b) recover the Goods at the Customer's expense. |
| 5.5 |
Certain Goods may require an ongoing subscription fee or other financial commitment. Clarity will provide advice about applicable charges at the time of sale, but it is entirely the Customers' responsibility to pay these charges in a timely manner. Failure to do so may render Goods inoperable or inaccessible. |
|
| 6.1 |
Clarity's liability in respect of defects in any Goods shall be limited to arranging the repair or replacement of faulty items or material under the terms of the manufacturer's warranty, or the issue of credit notes in respect thereof, or the granting of a refund or other such compensatory measures as Clarity in its absolute discretion deems appropriate in the circumstances. Such measures shall relate only to the actual faulty items or their value, and Clarity shall not in any circumstances be under any liability to the Customer in respect of indirect or consequential loss or damage, or loss of profits, sustained by the Customer PROVIDED THAT THESE CONDITIONS DO NOT EXCLUDE OR RESTRICT CLARITY'S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE. |
| 6.2 |
Goods returned must be in the original packaging and in a clean resaleable condition. At Clarity's discretion, Goods returned otherwise will be refused or will become subject to a restocking fee. |
| 6.3 |
If any Goods develop a fault in the first 30 days of normal use, Clarity will return them to the manufacturer at no additional cost provided they have not been modified or altered in any way and they are complete with their original packaging. |
| 6.4 |
Goods which develop a fault after the first 30 days of normal use, or which are not complete with their original packaging, or which have been subject to modification or alteration or otherwise used inappropriately, must be returned to the manufacturer at the Customer's expense. |
|
| 7.1 |
Free telephone support is provided between 9am and 5pm, Monday to Friday (public holidays excepted), for all Goods supplied by Clarity. While every effort is made to provide support wherever possible, this service is offered as a courtesy and as such Clarity reserves the right to limit or terminate the Customer's access to this service if Clarity, in its absolute discretion, believes that unreasonable demands are being made on its time. |
| 7.2 |
In instances where a problem cannot be resolved over the telephone, Clarity will arrange for an on-site visit from one of its engineers. These visits are chargeable at Clarity's standard rate and are priced in accordance with Conditions 2.1 to 2.5 inclusive. |
|
| 8.1 |
Risk in the Goods shall pass to the Customer when delivered to the Customer or its agent. |
| 8.2 |
Despite Condition 8.1, title to the Goods will not pass to the Customer until Clarity has received payment in full of all sums due to it from the Customer, whether for those particular Goods or otherwise. |
| 8.3 |
Until such time as title in the Goods passes to the Customer, the Customer shall (a) hold the Goods for Clarity and take proper care of them; (b) store or keep the Goods separately so as to show clearly that they belong to Clarity; (c) not sell or part with possession of the Goods; (d) comply fully with all storage, safety and/or environmental requirements applicable to or marked on the Goods, specified by Clarity and/or required by law; (e) keep the Goods free from any mortgage, charge, lien or other encumbrance; and (f) not remove, alter, obscure or otherwise interfere with any identifying marks, labels or storage instructions placed on the Goods or their packaging. |
|
| 9.1 |
If supplied to Clarity by the Customer, the Customer's property shall, while it is in the possession of Clarity or in transit to and from the Customer, be deemed to be at the Customer's risk and must be insured accordingly. |
| 9.2 |
Clarity shall be entitled to make a reasonable charge for the storage of any of the Customer's property left with Clarity before receipt of the order or after notification to the Customer of completion of the work. |
|
| 10.1 |
None of these Conditions shall exclude or restrict Clarity's liability for death or personal injury caused by its negligence. |
| 10.2 |
Subject to Condition 10.1:
| 10.2.1 |
except as expressly provided in these Conditions, Clarity shall not be liable to the Customer for any loss of profit, loss of money paid to third parties, loss of contracts, or any indirect or consequential loss or damage, whether caused by the negligence of Clarity, its employees or agents or otherwise; |
| 10.2.2 |
where liability is accepted by Clarity under these Conditions, Clarity's only obligation shall be, at its option, to arrange replacement or repair (under the terms of the manufacturer's warranty) of any Goods found to be damaged or defective, and/or to refund the cost of such Goods; and |
| 10.2.3 |
the Customer acknowledges that where Clarity is supplying third party Goods, Clarity's only obligation shall be to take reasonable skill and care in supplying those Goods and selecting the supplier of those Goods, and gives no warranty as to, and excludes all liability for, the performance (or non-performance) or any other quality (or lack of any quality) of those Goods. |
|
| 10.3 |
The Customer acknowledges that the price of the Goods would be higher were the exclusions listed in Condition 10.2 not agreed. |
|
| 11 |
These conditions shall be governed by English law. The parties irrevocably submit to the exclusive jurisdiction of the English Courts, except that Clarity may bring any action in the courts of any country to obtain an injunction or any other relief, including (but not limited to) damages. |
|
|
|
