Durham Office Systems

Main Terms and Conditions of Trade

1. In these terms and conditions where the context permits
(a) “The Supplier” means Durham Office Systems Ltd. whose registered office is at Unit 1, Derwentside Business Complex, Consett Business Park, Villa Real, Consett, Co. Durham DH8 6BP.

(b) “The Purchaser” means the company or person mentioned overleaf who has contracted with the Supplier in the terms set out overleaf and contained herein;

(c) “The Equipment” means the computer(s) and/or other equipment specified overleaf (which shall remain the property of the Supplier until the full purchase price is paid).

2. The Supplier reserves the right to increase the contract price to cover warehousing or any other expenses incurred by the Supplier due to delays outside of the control of the Supplier.

3. VAT will be charged at the respective rate applicable and will be included in our invoice.

4. We will make good, by repair, or at our option by replacement, defects which, under proper use, appear in the goods within the warranty period from the date of delivery and arise solely from faulty materials or workmanship, provided that the defective equipment has been returned to us. No allowance will be made for consequential loss or damage, workmanship by the Purchaser, his Client or Agents, or other expenses. Any returned equipment claimed to be faulty will be subject to our current inspection charge if it is subsequently found to work correctly.

5. All quotations, offers or contracts are subject to the expressed conditions that the Seller will not in any way be responsible for the loss, damage or delay whatsoever the cause thereof.

6. Delivery against any order may be made in whole or by instalments. Each instalment of the order will be invoiced and payment made.

7. No material or equipment shall be returned to the Seller without the Suppliers written agreement.

8. The Seller shall not be responsible for any infringement with regard to Patent, utility model, trade mark, design or copyright instructed by the Purchaser.

9. Cancellation in writing of any order must be made and accepted by Durham Office Systems Ltd. All costs incurred by Durham Office Systems Ltd. up to day of receipt of your written cancellation, whether for documentation or physical work, will be for Purchasers account.

10. Any claims of whatever nature arising out of this contract shall be notified to the Seller in writing or by fax within seven (7) days after arrival of the goods.

11. The legal title of all goods to be supplied under the Contract shall remain with the Seller until such time as both the purchase price of such goods and all other sums which are, at the date of delivery of such goods by the Seller to the Purchaser, due to the Seller from the Purchaser have been paid or satisfied in full.

The Supplier shall in the event of sale and disposal by the buyer of the goods to a third party prior to the passing of title thereto to the buyer have the right to trace and be entitled to the goods or the proceeds of sale or disposal at the Supplier’s option and this shall be without prejudice to all other rights and remedies which the Supplier has or would or might but for this provision have in respect of the goods which form the subject matter of the contract.

12. On receipt of the invoice for the goods stated overleaf it is part of the sale agreement that payment be made within thirty (30) days from the date of the invoice otherwise a surcharge of 2.5% will be made on the outstanding invoice amount.

13. The Supplier reserves the right to correct any clerical or typographical errors made by their employees, servants or agents at any time.

14. Should the extent of supply or contractual period be modified by the Purchaser, or should statutory or other regulations be imposed which increase Sellers cost of carrying out his obligations after Purchasers acceptance of quotation then the price may be adjusted accordingly.

15. Any contract shall in all respects be construed and operate subject to the Laws of England.

16. In the event that these standard terms and conditions being in conflict with the buyers form of contract, their terms hereof shall prevail.

17. All items returned to our service department must be packed in its original packing otherwise a surcharge of £50.00 will be made, if these items have to be returned to the manufacturer.

18. If the Purchaser request software to be installed on to the equipment as part of the purchase agreement, the Supplier will install the software on the understanding that the Purchaser accepts and will be bound by the Terms and Conditions of the Manufacturers Software license.