Terms and Conditions
Please read these Terms and Conditions of Sale before placing your order. We recommend that you retain a copy of these conditions for future reference.
By placing an order with Computerway Business Solutions Ltd. you are accepting these Terms and Conditions.
The StockMarshal website is intended for U.K. Business to Business end users. However U.K.Consumer Customers are also welcome in which case your specific rights and exceptions are shown in section 12. - Consumer Customers below.
Goods sold are for use in the UK only and are not available for Export.
1. Definitions
‘CBS’/ ‘Company’/ ‘We’/’Us’ means Computerway Business Solutions Limited, a company registered in England (Registration No. 04833401) and whose registered address is Westleigh House, Wakefield Road, Denby Dale, Huddersfield, West Yorkshire HD8 8QJ.
‘Customer’/ ‘You’ means any person(s) or company who accepts a quotation for the sale of the Goods or whose order for the Goods is accepted by CBS.
‘Goods’ means any goods supplied or to be supplied by CBS to the Customer.
‘Consumer’ means a private person buying Goods for private use.
‘Conditions’ means the standard terms and conditions of sale as set out herein and any special or additional conditions agreed in writing by CBS.
‘in writing’ includes e-mail, facsimile transmission and comparable means of communication.
‘Website’ means the website located at stockmarshal.co.uk/stockmarshal.com or any subsequent URL which may replace it.
2. Conditions
2.1 These Conditions apply to all orders for Goods accepted by CBS. These Conditions override and exclude any other terms and conditions including any which the Customer may seek to apply.
2.2 No variation or addition to these Conditions is effective unless agreed in writing by a director of the Company.
2.3 No contract exists between the Customer and CBS for the sale of any Goods until We have received and accepted your order or You have accepted Our quotation in writing.
3. Prices
3.1 Prices for Goods are in £ sterling, exclusive of VAT, which will be added at the appropriate rate.
3.2 Every effort is made by CBS to ensure that prices shown on the Website are accurate at the time You place an order. However CBS reserve the right to vary prices without prior notice. In the event of any upwards price variation the Customer will be contacted for acceptance or cancellation of the order.
4. Payment
4.1 Payment for Goods can be made by any method shown on the Website at the time the Customer places an order. Customers wishing to pay by other methods should contact CBS for consideration.
4.2 Non credit account Customers must make full payment (cleared funds) before despatch of Goods.
4.3 For a business Customer intending to make regular purchases CBS will consider an application for a credit account subject to satisfactory references. Customers with credit accounts must make full payment within 30 days of date of invoice.
4.4 Payment timing is of the essence.
4.5 If payment becomes overdue CBS reserves the right to charge interest accruing daily at 2% per annum above HSBC base rate until payment in full is made.
5. Delivery
5.1 Unless agreed otherwise in writing Goods will be delivered to the Customer’s address.
5.2 Delivery will only be made to a valid U.K. address.
5.3 Every effort will be made to deliver Goods as soon as possible after an order has been accepted. All delivery periods quoted are given in good faith but are estimates only. Time of delivery shall not be of the essence.
5.4 Delivery and packing charges for Goods will be as shown on the Website or as otherwise agreed. In general delivery is free of charge but CBS reserves the right to charge for delivery of bulky/heavy items or delivery to remote addresses or for Customers’ special requirements by giving the Customer prior notification.
5.5 CBS may use any method of delivery available to it. This will normally be by carrier or Royal Mail. Customers with special requirements should contact CBS for consideration.
5.6 On receipt of the Goods You will be asked to sign for delivery in good condition. If the package is not in good condition then You should refuse the delivery. If You are unable to check the contents at the time of delivery You should sign ‘Unchecked’. Failure to do so may affect any warranty entitlement.
6. Inspection, Defects and Non-Delivery
6.1 The Customer must inspect the Goods as soon as reasonably practicable after receipt. No liability for any claim will be accepted after the time periods noted below:
6.2 Damage must be notified to CBS in writing with photographic evidence where possible within 48 hours of receipt.
6.3 Shortages or Non-deliveries must be notified to CBS in writing within 5 days of the date when Goods should have been delivered. The onus shall be on the Customer to prove any shortage.
6.4 Functional defects must be notified to CBS in writing within 10 days of receipt.
7. Risk and Title
7.1 Risk in the Goods passes to the Customer on delivery.
7.2 Title to the Goods remains vested in CBS until payment in full has been received for the Goods.
7.3 Until title in the Goods passes to the Customer the Customer must hold the Goods on a fiduciary basis as the Company’s bailee and shall keep the Goods properly stored, protected, insured and identified as the property of the Company.
7.4 If payment for the Goods is not received in full by the due date or if the Customer passes a resolution for a winding up or a Court shall make an order to this effect or a receiver or administrator is appointed over any of the Customer’s assets the Company shall be entitled without previous notice to enter the Customer’s premises and repossess the Goods.
8. Warranty
8.1 All non-software Goods supplied are warranted free from defects for a period of 12 months from date of invoice. Where a manufacturer offers a longer warranty period CBS will endeavour to pass on the benefit to the Customer.
8.2 This warranty does not apply to any defect in the Goods arising from fair wear and tear, accident, wilful damage, negligence by You or any third party, failure to follow the manufacturer’s recommended use and instructions or repair or alteration to the Goods carried out without CBS prior approval.
8.3 Goods returned faulty will be repaired or replaced at the sole discretion of CBS.
8.4 Goods returned under warranty to CBS and not found to be faulty will incur a £25 handling charge.
8.5 While the Company will use reasonable endeavours to verify the accuracy of any information We place on the Website or provide to the Customer, We make no warranties, express or implied in relation to it’s accuracy.
9. Order Cancellation/Returns
9.1 Unless you are a Consumer Customer (in which case see section 12) no order can be cancelled or accepted for credit once it is accepted by the Company without the prior written agreement of a director of the Company.
9.2 If cancellation is accepted then Goods must be returned to the Company at the Customer’s risk and expense within 7 days of receipt. Goods must be returned complete in undamaged condition and in original packaging with seals intact.
Goods returned after the 7 day period will be subject to a 25% handling charge.
9.3 Customers returning Goods must do so in accordance with the Company’s returns procedure detailed on the Website.
10. Limits of Liability
10.1 The extent of the Company’s liability to the Customer for any default or breach whatsoever and howsoever arising is limited to the invoice value of the Goods.
10.2 The Company does not accept liability for any direct or indirect consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever.
10.3 Nothing in these Conditions excludes or limits the Company’s liability for death or personal injury caused by the Company’s negligence or fraudulent misrepresentation.
11. Intellectual Property Rights
11.1 Goods may be subject to intellectual property rights including patents, knowhow, trademarks, copyright, design rights and or other rights of CBS or third parties. No right or licence is granted to the Customer except the right to use the Goods in the Customer’s ordinary course of business.
11.2 Software will be subject to acceptance of licence agreements prior to use.
11.3 Manufacturers' and other third party trade marks, pictures and logos displayed within the web site are subject to their respective copyright.
12. Consumer Customers
12.1 If you are a Consumer Customer You have rights under the Consumer Protection (Distance Selling) Regulations. This does not apply to businesses.
12.2 You have the right to cancel the contract at any time up to 7 working days after you receive the Goods.
12.3 To exercise Your right to cancel the contract You must inform Us in writing by letter or fax to the address given on the Website or by e-mail to orders@stockmarshal.co.uk.
12.4 If You do cancel the contract you must take all reasonable care of the Goods and return them to Us at Your cost in accordance with the Returns Procedure shown on the Website.
12.5 Goods must be returned in unused condition undamaged and together with all original packaging.
12.6 If You do not return the Goods as required We may charge You a sum not exceeding the direct costs of recovering the Goods.
12.7 Once You have informed Us that You are cancelling the contract We will refund You within 30 days for any sum that has been paid by You or debited from Your credit card. Any refund will be made by the same method and to the same card that was used to make the purchase.
12.8 You do not have the right to cancel the contract if the order is for computer software which has been unsealed by You.
13. Data Protection
13.1 We respect Your personal information and undertake to comply with applicable data protection legislation in place from time to time.
13.2 CBS will take all reasonable precautions to keep the details of Your order and payment secure but unless We are negligent We will not be liable for unauthorised access to information supplied by You.
13.3 In order to provide a secure epayments service it may be necessary to store or transmit information relating to You and Your order outside of the European Union.
14 Miscellaneous
14.1 CBS reserves the right to decline to trade with any company or person.
14.2 Product images shown are for illustrative purposes only and may differ from the actual product.
15 Force Majeure
15.1 CBS shall not be liable to the Customer or held to be in breach of the contract by reason of any delay in performing or failure to perform any of the Company’s obligations in respect of the Goods if such delay or failure is due to any cause beyond the Company’s reasonable control.
16 Jurisdiction
16.1 These conditions are governed by English Law and You and We submit to the non-exclusive jurisdiction of the English courts.
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