- "Affiliate" includes any subsidiary or holding company of the Company and each and any subsidiary of a holding company of the Company, any business entity from time to time controlling, controlled by, or under common control with the Company.
- "Company" means Fish4tech.com a trading name of IMS Computing Limited (registered number 7041743) of The 1929 Building, Merton Abbey Mills, 18 Watermill Way, London, SW19 2RD, and also where the context permits its assigns and any sub-contractor of the said Company. The Company's VAT number is GB 974 3732 90.
- "Contract" means these Standard Terms and Conditions of Supply between the Company and the Customer, under which the Products and Services (as applicable) are supplied by the Company to the Customer as amended by the Company from time to time.
- "Customer" means the party identified as the Customer in this Contract to whom the Company may agree to supply Products, Airtime and/or Services (as applicable) from time to time in accordance with the terms and conditions of this Contract.
- "Products" means the hardware or software goods including but not limited to computer hardware and software items to be provided by the Company to the Customer in accordance with this Contract.
- "Website" means the Company's internet website, accessed through the address of:
2. Order Acceptance
- By placing an order with the Company, the Customer warrants that they have obtained and will comply with any consent required from a Third Party Service Provider including, if appropriate, membership of any Authorised Reseller Programme. In the event that the consent or membership of the Authorised Reseller Programme is terminated, the Customer will immediately notify the Company in writing.
- All orders placed with the Company by the Customer for Products, airtime and Services (as applicable) shall constitute an offer to the Company, under the terms and conditions of this Contract, subject to availability of the Products and Services (as applicable) and to acceptance of the order by the Company's authorised representative.
- All orders are accepted and the Products and Services (as applicable) supplied subject to the express terms and conditions of this Contract only. The Company may at any time amend this Contract by posting the amended Contract on the Website. The amended Contract shall apply to any orders placed by the Customer.
- It is agreed that the terms and conditions of this Contract (or any amendments to them) shall prevail over the Customer's terms and conditions of purchase.
- No order placed on the Website shall become a purchase contract, and therefore binding upon the Company, until the Products have been despatched to the Customer in accordance with clause 5 below and the order marked as confirmed within the "Order Status" facility of InTouch.
- Obligations of the Customer
- The Customer shall ensure that they meet all technical requirements of the Website access and that the Company shall not be liable for any losses which result due to technical incompatibilities or system errors.
- The Customer shall take all reasonable steps to ensure that they do not pass any login user details to third parties under any circumstances.
- Ensuring that all Customer details held on the Website, including, but not limited to, postal and delivery addresses are correct.
- Security and Login
- The Website login credentials comprise of two elements:
- The Customer's username
- The Customer's password
- The use of the login information indicates proof that the Customer consents to orders and information placed by it or in its name.
- Website Availability
- The Company will not be liable for any losses or damages resulting from the Website being unavailable. Whilst the Company endeavours to provide 24 hours a day access to the Website, the Company reserves the right to suspend the Website operation, temporarily or permanently and without prior notice.
- Whilst the Website is intended to provide 24 hours a day service, all orders must be placed on the Website before 16:00 to qualify for a next working day delivery of the Products.
- Any date or time quoted for despatch of the Products is to be treated as an estimate only. Despatch may be postponed because of conditions beyond the Company's reasonable control, and in no event shall the Company be liable for any damages or penalty for delay in despatch or delivery of the Products.
- Risk shall pass to the Customer at the time the Products are handed over to the transportation company.
- At the time of delivery the Customer must check that the quantity of Products matches the quantity set out on the proof of delivery ("POD") and that the exterior of the Products are in good condition. The Customer must then indicate this on the POD and sign the POD accordingly. If an over shipment of the Products has occurred the Customer must also notify the Company as soon as possible and in any event within 5 working days of the delivery. The Customer must not sign the POD "unchecked" or "unexamined" or any such similar wording.
- A signed POD by or on behalf of the Customer shall be conclusive evidence of delivery and (except to the extent that any damage or discrepancy is noted on the POD) that it was received in good order and condition and accordingly no claims shall be bought in respect of the delivery claiming the contrary.
- The Customer must inspect the Products immediately after delivery is complete. If any Products are damaged, incorrect or not delivered, the Customer must notify the Company within 5 working days of the delivery or expected delivery. For the avoidance of doubt, the Customer is still required to notify the Company as set out in this clause
- notwithstanding anything noted by the Customer on the POD. If a POD is required, this must be requested within 14 days of the date of the invoice.
- The Company may deliver the Products in instalments. Each instalment is treated as a separate delivery.
5. Cancellation and Rescheduling
- Unless otherwise agreed in writing, any request by the Customer for cancellation of any order or for the rescheduling of any deliveries will only be considered by the Company if made at least 12 hours before despatch of the Products, and shall be subject to acceptance by the Company at the Company's sole discretion, and subject to a reasonable administration charge. The Customer hereby agrees to indemnify against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, (including the cost of labour and materials used and overheads incurred, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by the Company arising out of or in connection with the order and its cancellation or rescheduling.
- Catalogues, price lists and other advertising literature or material as used by the Company are intended only as an indication as to the price and range of the Products offered and no prices, descriptions or other particulars contained therein shall be binding on the Company.
- All listed prices on the Website are shown on the understanding that they are a guideline only.
- All prices are given by the Company at the time of the order.
- All quoted or listed prices are based on the cost to the Company of supplying the Products to the Customer. While the Company tries to ensure that all prices are accurate, errors may occur, if prior to delivery of the Products, the Company discovers an error in the price of the Products ordered via the Website or otherwise, or the price changes as a result of circumstances beyond the Company's control, the Company may change the Product's price and such changes shall apply to any purchase order placed with the Company.
- All prices are represented in Pounds Sterling. All taxes (such as VAT) are payable by the Customer and will be levied in accordance with UK legislation in force at the tax-point date.
7. Specification of Products
- The Company will not be liable in respect of any loss or damage caused by or resulting from any variation for whatsoever reason in the manufacturer's specifications or technical data of the Products.
- The Company will not be responsible for any loss or damage resulting from curtailment or cessation of supply of Products following any variation as described in clause 7 of this Contract.
- The Company will use its reasonable endeavours to advise the Customer of any such impending variation as soon as it receives any such notice thereof from the manufacturer.
- Unless otherwise agreed, the Products are supplied in accordance with the manufacturer's standard specifications as these may be improved, substituted or modified.
- The Company reserves the right to increase its quoted or listed prices, or to charge accordingly in respect of any orders accepted for Products of non-standard specifications and in no circumstances will the Company consider cancellation of such orders or the return of such orders.
- The Company reserves the right to levy an administration charge in respect of the rotation of Products and returns.
- Returns must be made subject to the following:
- prior authorisation having been obtained by contacting the Company's after sales help or such other method as the Company may advise. Such prior authorisation shall be given at the Company's sole discretion;
- the request for the return must be made within 14 days of the date of invoice
- products in issue must be returned within 7 days of the authority to return;
- the Products must be properly packed;
- the Products must be in a saleable condition;
- the Products must be accompanied by a list of the Products; and
- the Products must still be covered by warranty in accordance with clause 9 below.
- The Company reserves the right to reject any Products which do not comply with the conditions set out in clause 8 of this Contract.
- If the Company nevertheless agrees to accept any Products returned which are not in a saleable condition, the Company reserves the right to charge the cost to the Customer of bringing the Products into a saleable condition.
- If any part of the hardware Products should prove defective in materials or workmanship under normal operation or service, such Products will be repaired or replaced only in accordance with any warranty cover or terms as provided by the manufacturer of the Products PROVIDED THAT no unauthorised modifications to the Product or to the system of which the Product forms part have taken place. The Company is not responsible for the cost of labour or other expenses incurred in repairing defective or non-conforming parts.
- The Company reserves the right to test all Products returned as faulty and to return to the Customer (at the Customer's expense) any Products found not to be faulty. The Company also reserves the right to levy an additional reasonable charge to cover the cost of such testing.
- Where the Company and/or manufacturer has expressed in writing that the Products qualify for an advance replacement under the terms of the Product warranty, such advance replacements shall be provided subject to:
- compliance with any warranty terms as provided by the manufacturer of the Products; and
- defective Products must still be covered by warranty in accordance with this clause 9; and
- the defective Products must have been purchased from the Company; and
- compliance with clause 8 above.
- The Company cannot accept any liability in relation to any losses, costs or expenses which arise as a result of a faulty product.
- Except as specifically set out in this clause 9, the Company disclaims and excludes all other warranties, whether express or implied, by statute or otherwise, including but not limited to the warranties of description, design, satisfactory quality and fitness for a particular purpose, or arising from any previous course of dealing, usage or trade practice.
10. Data Protection
- Customer acknowledges that it has read and understood the Company's Privacy Statement and agrees at all times to comply with the Company's Privacy Statement.