Terms & Conditions
1. General
All quotations are given, order accepted and goods and services supplied subject to the following terms and conditions. No additions or variation shall be effective unless agreed in writing by the parties. No employee, representative or agent of ICT Solutions has the authority to give affirmation, representation or warranty concerning the services supplied unless specifically made part of the contract and confirmed in writing by ICT Solutions.
2. Performance
In no event shall ICT Solutions be liable in respect of any claim arising out of any of the services proving not to be fit and suitable for any purpose other than that notified to ICT Solutions by the Customer. This should be stated in the Customer’s order and/or reasonably understood by the Customer to be the purpose for which the services were to be used.
3. Service Disclaimer
ICT Solutions will not provide any guarantee or warranty, nor will it be liable for any damage or loss of whatsoever nature whether due to the negligence or any other clause whatsoever occasioned by a firm acting on information provided under this contract. Whilst every care has been taken to ensure that advice given in any report is correct ICT Solutions will not accept responsibility for loss, damage, etc howsoever occasioned by the implementation of such advice. No liability shall rest upon ICT Solutions if implementation of any of the advice contained in any report would involve the use of patents and like protection not held by the Customer. ICT Solutions warrants that any software produced by ICT Solutions will perform substantially in accordance with the accompanying user guide for a period of 30 days from the date of installation. Any implied warranties are limited to 30 days. ICT Solutions entire liability and the Customer’s exclusive remedy shall be at ICT Solutions discretion either (a) return of price paid or (b) repair or replacement of the software.
4. Prices and Charges
All quoted prices and charges are based upon the cost of the software or services and transport etc prevailing at the date of quotation.
If any such costs to ICT Solutions increase before the date of the delivery of the goods, then ICT Solutions has the right to pass on any such costs to the Customer. Unless otherwise stated, all prices and charges are exclusive of Value Added Tax. Quotations are within the period stated or within 30 days, whichever is the shorter period.
5. Terms of Payment
Terms are as specified within the quotation. Invoices will be submitted on or prior to each delivery. In the event that payment is not made within the due date, ICT Solutions reserves the right to charge interest at 1.5% above the current base lending rate, calculated on a daily basis, on any amounts not paid.
6. Reservation of Title
The title to and property in all products supplied to the Customer by ICT Solutions shall remain vested in ICT Solutions until the full purchase price and all expenses have been paid in full. Failure on the Customer’s part to pay the purchase price and any such charges in full, shall give ICT Solutions the right to take possession of any products supplied by ICT Solutions without prior notice, and without prejudice to ICT Solutions right to avail itself of any other legal remedy. Any software produced by ICT Solutions cannot be transferred to any other company without written permission from ICT Solutions.
7. Consequential Loss
In no circumstances will ICT Solutions be liable for any indirect or consequential loss of whatever nature, howsoever caused. ICT Solutions entire liability for any software produced by ICT Solutions shall be limited to the amount actually paid by the Customer for the software.
8. Termination
Notwithstanding anything contained elsewhere in this agreement, ICT Solutions may terminate this agreement forthwith on giving written notice to the Customer if the Customer fails to make any payment on the due date, or commits any other breach of the terms of this agreement. If any distress or execution shall be levied upon the property or assets of one party hereto, or if that party shall make or offer any arrangement or composition with creditors, or commit any act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented or made against it or, if it is a limited company, any resolution or petition to wind it up (other than for the purpose of amalgamation or reconstruction) shall be made or if a receiver or liquidator is appointed over the undertaking, property or assets, or any part thereof, or if any other is applied for and/or granted over its assets, then in any of the foregoing events the other party hereto shall be entitled to terminate this agreement but any such termination shall be without prejudice to any other rights of ICT Solutions accrued prior to termination. Where this agreement is terminated as provided in this Clause all payments to ICT Solutions for the services done to date will be immediately due and payable; furthermore, a cancellation charge may be payable. Where services are cancelled by the Customer, a cancellation charge of 50%, or 100% if less than 7 calendar days before the service will normally be payable.
9. Legal Interpretation
This contract is governed by English Law. Any dispute out of or in connection with this contract shall be governed by English Courts.
