Onsite Terms & Conditions
Terms of Business
1. Definitions
1.1 "Customer" means the customer placing an order for goods and services with the Company.
1.2 "The Company" means Pcideals Retail Limited (trading as PCIdeals), its trading divisions, subsidiaries or associated companies.
1.3 "Goods" means all equipment, software or materials which are subject to the Customer’s order which are to be supplied to the Customer by the Company under these conditions.
1.4 “Services” means all labour supplied by the Company to the Customer.
2. Orders
2.1 There shall be no binding agreement between the Customer and the Company until the Customer's order or these terms of business duly signed by the Customer have been received by the Company.
2.2 All orders are accepted subject to the availability of goods and services and to these conditions. No terms or conditions put forward by the Customer shall be binding on the Company.
3. Prices and Charging Rates for Goods and Services
3.1 Unless otherwise expressly agreed in writing the Services shall be supplied at the rate of £45.00 plus VAT per hour between 09:00hrs (9 a.m.) and 17:30hrs (5.30 p.m.) or £360.00 plus VAT per day (9:00 a.m. to 5:00 p.m.) subject to a minimum charge of £45.00 plus VAT.
3.2 Services supplied during the hours of 17:30hrs to 22:00hrs (5:30 p.m. to 10 p.m.) will be charged at the rate of £65.00 plus VAT per hour subject to a minimum charge of £65.00 plus VAT. Services supplied during 22:00hrs to 09:00hrs (10 p.m. to 9 a.m.) will be charged at £100 plus VAT per hour subject to a minimum charge of £100 plus VAT. Emergency callouts on Sunday or a bank holiday will charged at £100 plus VAT per hour. All services supplied beyound the local area will be charged at a greater rate decided and agreed prior to work commencing.
3.3 All quotations are valid only on the date given.
3.4 In circumstances where the Company provides the customer with a quotation for Goods together with an estimate of the cost of associated Services on a pro forma invoice, the Company shall require a deposit of 50% of total amount of the pro forma invoice on the placing of an order.
4. Delivery
4.1 Delivery shall be at the Customer's premises, or if different, the place specified in the Customer's order.
4.2 The Company shall advise the Customer of the date and time that the work shall be carried out. If the Company is unable to keep the appointment, the Customer shall be contacted to arrange a suitable alternative appointment.
4.3 Should the Customer wish to rearrange an appointment, the Company shall require 48 hours notice failing which the Customer shall incur a charge of 50% of the costs of the Services.
4.4 Should the Company be prevented by the Customer or by reason of any matter beyond the Company’s control from delivering the goods and services on the pre-arranged date, the Customer shall be liable to pay for the Services for each day that the Company is prevented from supplying them. This is without prejudice to the Company’s rights if it is permanently prevented from supplying the Goods and Services.
4.5 The Customer shall note any claim for short delivery or damage to components or packaging on the delivery schedule at the time of delivery and shall advise the Company within seven days from the date of receipt of the invoice of any queries in relation to it. All Goods and Services are deemed delivered, accepted and completed if such notice is not received within such period.
4.6 Risk in the Goods shall pass on delivery.
5. Payment
5.1 The Customer shall not be entitled to withhold or set off payment for the Goods and Services for any reason whatsoever.
5.2 All invoices are payable immediately on receipt.
5.3 Without prejudice to the Company's other rights if the Customer fails to pay any amount on the due date:-
5.3.1 the Company reserves the right to charge interest on a daily basis on overdue amounts at the rate of 10% per annum or rate of Statutory Interest set under the Late Payment of Commercial Debts (Interests) Act 1998 (or any repealing provisions thereto) which ever is the higher from the due date until payment.
5.3.2 The Customer shall indemnify the Company and keep it indemnified in respect of all costs (including legal fees and administration costs) reasonably incurred in attempting to recover such overdue amounts.
6. Title
6.1 The Company shall retain full ownership of and title to all the Goods delivered to the Customer or any part thereof unless and until the Customer has paid all sums owing to the Company.
6.2 While any amount remains outstanding to the Company from the Customer:-
6.2.1 The Customer shall keep the Goods as fiduciary bailee for the Company. The Customer shall not pledge or in anyway charge by way of security for any indebtedness any of the Goods which remain the property of the Company and shall store them separately from its own goods or those of any other person and in a manner which makes them readily identifiable as the property of the Company.
6.2.2 The Customer will deliver up or have delivered up to the Company the Goods upon demand and the Company may without limiting any other rights or remedies available to it at law in equity or by statute seize repossess or resell the Goods at its discretion and in the exercise of such rights the Company may enter any premises in which it reasonably believes from time to time any Goods are located.
6.2.3 Where the Customer is paid by or on behalf of any of its own customers or shall receive the proceeds of any insurance claim in respect of any Goods it shall pay such sums to the Company as soon as reasonably practicable to do so after receipt until the Company is paid in full and shall hold the same as Trustee for the Company and keep separate account of all such sums for such purpose
6.2.4. The Customer shall take all due care (or ensure that all due care is taken) of the Goods and the Customer shall bear the sole liability for insurance of the Goods and shall indemnify the Company for any loss whatsoever suffered or incurred by the Company arising out of any failure to insure such Goods.
7. Warranty
7.1 No warranty is given in respect of any goods not manufactured by the Company. The Company recommends that the Customer registers with the manufacturers of goods not manufactured by the Company in order to benefit from the manufacturer’s guarantee. The Company’s obligation and liabilities in respect of the goods shall be limited to those set out expressly herein.
7.2 Without prejudice to Clause 7.1 in the event of the Company being shown to be negligent in the supply of the Goods and Services its liability:-
7.2.1 For death or personal injury of any person caused by such a negligence shall be unlimited;
7.2.2 In respect of any defects in or failure of Goods or for the loss or damage attributable thereto or to the negligence of its employees in connection with the performance of their duties hereunder, shall be limited to the making good by replacement or repair of such Goods which upon inspection by the Company appear to be defective and in any event the Company's maximum aggregate liability arising in respect of the supply of Goods and Services shall be limited to the original VAT exclusive price for such Goods and Services and for the avoidance of doubt the Company accepts no liability for consequential loss of any kind whatsoever.
7.2.3 The Company accepts no liability for losses arising from its installation of software which has not been supplied by the Company.
8. Returns
8.1 All Goods shall be deemed accepted unless rejected by notice in writing to the Company within seven days of delivery or collection of the Goods. Any such notice shall give detailed reasons for such rejection.
8.2 No Goods shall be returned without the Company's prior approval and the Company reserves the right to repair Goods rather than accept their return.
9. The Customer's Responsibilities
9.1 If the Customer becomes bankrupt or insolvent or compounds or makes any arrangement with his creditors or being a company goes into liquidation or has a Receiver appointed of its assets the Company may declare the contract to be cancelled and in the case of a contract of sale or agreement to sell, re-sell the Goods and any loss sustained on the re-sale shall be paid to the Company by the Seller.
10. Severability
10.1 If and to the extent that any provision of any part of these conditions is deemed to be illegal void or unenforceable for any reason then such provision or part thereof (as the case may be) shall be deemed to be severed from the remaining provisions or parts of the relevant provisions (as the case may be) all of which remaining provisions shall remain in full force and effect.
10.2 In particular, should any limitations of the Company's liability contained in these conditions be held to be illegal or void or unenforceable under any applicable statute or rule of law it shall to that extent only be deemed severed here from.
11. Force Majeure
11.1 The Company shall not be liable to the Company on any account whatsoever in the event that the Company is prevented from fulfilling obligations hereunder due in whole or in part by reason of act of God, war, riots, fires, flood, storm, power failure, reduction of power supplies, mechanical failure or lack or shortage of materials or stock, lockouts, secession of labour, trade disputes or any other cause or circumstances beyond the control of the Company.
11.2 In such event the Company may at its option either suspend performance or cancel the order in question or so much of it as remains unperformed without liability for any loss and without prejudice to the Company' rights to receive payment of the price of all Goods previously delivered.
12. General
12.1 The Customer may not assign or transfer any of its rights, duties and obligations without the written consent of the Company.
12.2 The failure by either the Company or the Customer to enforce at any time for any period any one or more of the terms and conditions of this agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this agreement.
12.3 It is hereby agreed and declared that the Contract (Rights of Third Parties) Act 1999 shall not apply to this agreement and nothing in this agreement is intended to confer any benefit upon or create rights in favour of any party other than the parties to this agreement.
12.4 The relationship between Customer and the Company shall be as buyer and seller and nothing contained herein shall be deemed to create a partnership or agency.
12.5 The conditions shall be construed in accordance with the laws of England and Wales and the Customer and the Company submit to the non-exclusive jurisdiction of the English Courts in connection with any dispute or proceedings arising out of any contract incorporating these conditions.
12.6 Any reference in these conditions to persons of one gender shall include and refer to persons of the other gender. The single shall include the plural and vice versa and if the Customer is more than one person the obligations shall be joint and several.
