1.1 These Conditions or an updated version issued by Anglesey Computer Solutions (“we/us”) shall apply to all contracts for the provision of Work by us to the customer (“you”) to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under any purchase order, confirmation of order or similar document. The customer shall mean the company, firm, person, corporation or public authorities engaging us to provide Work for a price (“the Price”). Where the context so permits, “Work” shall include goods supplied as well as services provided by us and “Equipment” shall include equipment supplied by us or your equipment in which we have supplied and installed a part.
1.2 Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine and neuter genders and vice versa. The headings in these Conditions are inserted for convenience only and shall not affect their construction.
1.3 Any variation to these Conditions shall be inapplicable unless it is agreed in writing by the proprietor of Anglesey Computer Solutions.
1.4 The Contract shall in all respects be governed by and construed and interpreted in accordance with the laws of Wales and England and the parties hereby submit to the exclusive jurisdiction of the Welsh and English Courts.
2. Anglesey WARRANTY
Within 30 days from the date when our Work has been completed, we promise to repair any faulty Work supplied by us at free cost to you subject to the conditions in this clause. If we carry out the original Work at your premises or collect or deliver the Equipment at or from your premises, we shall do the same at free cost. If otherwise, you are responsible to bring and collect the Equipment to and from our address. Should we fail to repair the fault, we promise to refund the relevant part of the Price which has been paid by you. This Warranty is given in addition to your Statutory Rights as a consumer and shall not affect your Statutory Rights.
2.1. What is not covered:
i. Problems which can be resolved by software programming including viruses or spyware.
ii. This Warranty shall be void if
• The computer case has been opened or our security seals, if any, have been tampered with or the replacement part has been handled, tampered with or removed in whatsoever manner by any person other than our employee without our prior written permission.
• If hardware repairs, alteration, modification or interference in any way has been carried out to the Equipment by any person other than our employee.
• The Equipment has been misused.
• You have parted with the possession of the Equipment either by lending or transfer.
• You have not followed or executed the Supplier’s instructions or our advice given to you under the contract for the Work (‘the Contract’)
• You have not paid any payment under the Contract.
i. You must report the fault and if appropriate return the Equipment to us as soon as practicable and within 30 days after we have completed the Work. It is your sole responsibility to ensure that we receive any returned Equipment.
ii.If this Warranty is void, the scope of repair is not covered by this Warranty or our Work is not proven to be faulty, you shall be responsible to pay for our testing and labour charge inclusive of any call out charge. It is therefore important that you make sure that you used and tested the Equipment carefully but without repairing the hardware yourself before invoking this Warranty.
3. OTHER WARRANTIES
We offer a one year return to base warranty on all new products. Should any product carry a manufacturer’s warranty it is your sole responsibility to liaise directly with the manufacturer in respect of such warranty.
4. PRICE & PAYMENT
4.1 Unless otherwise agreed in writing, when a custom built personal computer is ordered, the payment terms shall be 65% of the Price as a non-refundable deposit when you place an order then the balance of 35% shall be payable on delivery or collection.
4.2 Payment for the Price plus any applicable taxes and/or duties shall be due in accordance with the payment terms as above or otherwise agreed between the parties. Time for payment shall be of the essence. If you have failed to make any payment in accordance with the Contract, the relevant provisions under Clauses 9 & 11 below shall apply. Interest on overdue payments shall accrue after as well as before any judgment from the date when the payment becomes due until the date of payment at a rate of 1.5% per calendar month or part calendar month. Further, you shall indemnify us in full all our reasonable administrative and legal costs of recovering overdue payments. As an indication, each reminder and debt recovery letter issued by us will be charged at £15 each.
4.3 Adjustments and testing are sometimes required after the completion of the major part of the Work. You have no right to withhold any payment under the Contract for the reason that such adjustments and testing are outstanding.
5. WORK WITH COMPUTER GENERAL CONDITIONS
5.1 We accept no liability or responsibility for any data lost. It is therefore recommended that you should back up all data before we carry out any work.
5.2 We have experienced situations where customers’ equipment has already been infected by a virus before we commence the Work. We will take all reasonable care when we carry out the Work and before returning the Equipment, we normally carry out a virus scan. You acknowledge that we shall not be held responsible for any virus transmitted during the Work performed by us and that some viruses may escape our detection. It is your responsibility to ensure that you have adequate anti-virus protection.
5.3 You acknowledge that some applications and/or programs may not function properly as they did before the service, upgrade, repair or other Work performed by us due to the installation of various software or hardware components.
5.4 Due to the intermittent nature of some hardware faults, the complete resolution of problems or issues cannot be guaranteed.
5.5 We only service, repair or upgrade computers with Windows operating system and an AMD or Intel processor.
5.6 If we inspect a PC and you decide not to proceed with the repair due to cost or any other reason a diagnostic fee equivalent to 1 hours labour will be charged at current rates.
6. WRITE OFF
6.1 If a customer’s equipment is, in our opinion, beyond repair, we have full discretion to refuse your order. Under such circumstances, you are responsible to pay our testing charge. If you buy new equipment from us within 3 months after this testing charge has been raised, we shall offer you a 5% discount on the list price of the equipment to the maximum of the value of the mentioned testing charge. This discount offer shall not be used in conjunction with other discount or special offers.
6.2 On your request, we may issue our write off certificate at our absolute discretion. We may also issue conditional write off certificate when part of the equipment may be usable. We are entitled to charge £25 for each write off certificate issued.
7. DELIVERY & COMPLETION
7.1 Unless otherwise has been specifically agreed in writing, time for completion of the Work is given in good faith as an indication and is not of the essence. You shall have no right to damage or to cancel the Contract for failure for whatever cause to meet any completion time stated.
7.2 The Work shall be regarded as substantially completed even if some adjustments and testing stated in Clause 4.3 remain outstanding.
7.3 The risk in the goods shall pass to you upon our delivery or your collection.
7.4 Unless otherwise agreed, we may deliver or complete the Work by instalments and in such cases each instalment shall be treated as a separate contract and any delay, default or non-delivery in respect of any instalment shall not entitle you to cancel the remainder or the initial contract.
7.5 If you fail to collect or take delivery of any equipment or goods within 30 days after we have notified you to collect the same or we have attempted to make delivery to you, we shall, without prejudice to our other rights in the Contract, dispose of the equipment or goods at our absolute discretion and we may charge you a disposal fee.
7.6 We shall dispose of any faulty or replaced part unless you have instructed us otherwise before or when you place your order with us.
8. FORCE MAJEURE
8.1 We shall not be liable to you for any loss or damage which may be suffered by you as a direct or indirect result of the duties and/or obligations of us being prevented, hindered, delayed or rendered uneconomic by reason of any Force Majeure Circumstances.
8.2 In these Conditions “Force Majeure Circumstances” shall mean any act of God, war, riot, strike, industrial action, accident, breakdown of plant or machinery, fire, flood, storm, difficulty or increased expense in obtaining materials or transport or other circumstances beyond our reasonable control.
8.3 If any delay shall continue for a period of 30 days we shall be entitled to terminate the agreement by giving written notice to you. We shall continue to be entitled to all Price and disbursements incurred only up to the date of such a termination.
9. INSOLVENCY AND NONPAYMENT ETC.
If you fail to make any payment in accordance with the Contract or commits any material breach of the Contract or if any petition in bankruptcy/winding up is presented against you or if a receiver administrative receiver or manager shall be appointed over the whole or any part of your business or assets, we may in our absolute discretion and without prejudice to any other rights which we may have suspend all future Work or terminate the Contract without liability upon our part.
You shall supply at free cost to us promptly all information, materials and necessary software which are required for the performance of the Work. We shall be entitled to reasonable extension of time to carry out the Work or terminate the Contract for any delay in such supplies. It is the sole responsibility of you to ensure the accuracy of the information and materials provided and that the uses of them are lawful.
In spite of any delivery having been made, property in the goods and Work supplied shall not pass from us until:
(i) You shall have paid the Price plus related tax in full; and
(ii) No other sums whatever shall be due from you to us.
12. SCOPE OF LIABILITY
12.1 Unless otherwise is agreed in writing by the parties, we shall be under no liability whatever to you for any indirect loss and/or expense (including loss of profit) suffered by you arising out of a breach by us of the Contract. Under no circumstances shall the liability of us exceed the Price.
12.2 Nothing in the Contract shall restrict or exclude liability for death or personal injury caused by the negligence of us or affect the statutory rights of a Client dealing as consumer.
13.1 Our policy is one of continuous improvement and the right is therefore reserved for us to make modifications to the Work for improvement or compliance with relevant laws and regulations.
13.2 We shall wherever possible try to make exact replacements of any part when necessary. If for any reason it is not possible to make an exact replacement we shall be entitled to replace any part with a part of a similar or better design or capability. We may occasionally use refurbished/reconditioned second hand parts.
14. INVALIDITY OF PART OF THE AGREEMENT
If any part of this Contract is held to be a violation of any applicable law, statute or regulation, it shall be deemed to be deleted from this Contract and shall be of no force and effect and this Contract shall remain in full force and effect as if that part had not originally been contained in these Conditions.
15. ASSIGNMENT & SUBCONTRACT
You shall not assign any part of the Contract without the prior written consent of us. We shall be entitled to sub-contract part of the Agreement to a third party.
16.1 Anglesey Computer Solutions owns the copyright to all websites designed by us unless written change of ownership has been provided by Anglesey Computer Solutions.
16.2 Anglesey Computer Solutions will place an advertisement at the bottom of every Webpage they design, and a Hyperlink back to their Website.
16.3 Anglesey Computer Solutions may place a link to all Websites designed by Anglesey Computer Solutions, on it’s own Website.
17.1 By supplying Anglesey Computer Solutions with your E-mail address, it is acknowledged that you give permission for Anglesey Computer Solutions to contact you, via E-mail.
I/we have received, read and understood Anglesey Computer Solutions pricing policy, furthermore by signing this agreement I/we agree to pay Anglesey Computer Solutions the full amount shown on their invoice immediately on production of the said invoice.provide support and assistance in many areas. We will provide a prompt and professional service, tailor made to your requirements.