Computers Plus
  Terms and Conditions

COMPUTERS PLUS - TERMS & CONDITIONS

1. CONSULTANCY / PROJECT WORK AND SALE OF GOODS
Consultancy or Project work content and timescales quoted to the Client are estimates based on discussions between Computers Plus and the Client and information provided by the Client. If it is considered impractical to adhere to the programmes, Computers Plus will submit to the Client a revised proposal for consideration. The sale of Goods, Items or Product will be by acceptance of an order *(verbal or written) after acceptance of a quotation *(verbal or written) or a defined pricing structure. Any amendments *(verbal or written) to the quotation / order may result in a change to pricing, and will be indicated by an amendment to quotation / order. (* It is normal practice for Computers Plus to accept only written orders and amendments.)
2. FEES & PRICES
Fees are based on a standard working week of 35 hours, excluding travelling time. Unless specified, fees quoted do not cover the cost of travelling, accommodation or other out-of-pocket expenses incurred. These items are either recharged, or are recovered at a daily expense rate agreed in writing between the Client and Computers Plus. Weekend work and out-of-hours work will attract a premium rate, however, Where Computers Plus are required for extra hours to complete work from the normal working day, this charge will not apply. This is at Compluters Plus discretion. No charge will be made if Computers Plus consultants are absent on working days due to sickness or public holidays. Work schedules shall be as agreed between Computers Plus and the Client having regard to the nature of the project and the prior commitments of both parties. Pricing is as stated in the proposal, quotation / order. Alteration to pricing may be without notice, and unavoidable increases to pricing before delivery (such as increased costs to Computers Plus, or delays imposed by the buyer) may be given by notice to the buyer. Where quoted, handling, carriage, postage and other transit charges may be reclaimed by Computers Plus.
3. LIMITATION OF COMPUTERS PLUS LIABILITY
Whilst all reasonable care is taken by Computers Plus to ensure that advice given to the Client is correct, Computers Plus shall not be liable or responsible for any loss damage or claim of whatsoever nature including economic loss and any consequential loss howsoever arising, occasioned by the implementation of any consultancy / project advice or by the use of Goods, Items or Product. Orders of Goods, Items and Products will be made by appropriate courier or other transit arrangements. On receipt of the items liability for such will be the responsibility of the buyer. Where any Goods, Item, or Product fails to be "fit for use", Computers Plus will repair or replace such item at its discretion, provided that the buyer notifies Computers Plus within 7 days of receipt. Computers Plus may reasonably request that the item is returned. No item may be returned to Computers Plus without permission to do so being obtained. For consultancy and support contracts: If days are used up early in the contract, additional days may be added during the term of the contract. Normally renewal of contract may attract a roll-over of any unused time as pre-paid from the previous contract. However, should the contract not be renewed, any time remaining may be forfeited.
4. FACILITIES ETC.
The Client shall provide Computers Plus consultants with suitable facilities including, but not limited to, telephone, fax, eMail communication, secure storage facilities for confidential data furnished to Computers Plus and secretarial assistance when considered necessary. Where appropriate and if deemed to be a necessary part of the sale, the buyer shall ensure that Computers Plus personnel are provided with suitable facilities for any acceptance tests or trials involving product sold.
5. WARRANTY / GUARANTEE
In all cases, Computers Plus cannot guarantee successful integration of other suppliers facilities to the work carried out by Computers Plus, nor can Computers Plus be held responsible for any failing in the client’s existing Systems. Computers Plus warrants its own workmanship to the extent that additional consultancy or work is provided free of charge to correct any Computer Plus workmanship failure. The warranty period for New Goods, Items or Product is 1 year from date of sale, unless otherwise stated in the quotation / order. Computers Plus will warrant Goods, Items, or Product to the extent of the manufacturers warranty, or if made within the control of Computers Plus it will warrant the materials used to the extent of repair, replacement or full refunded cost only. Reference is also made to section 3.
6. CONFIDENTIALITY
Either party shall not at any time during or after Contract Engagement divulge or allow to be divulged to any person any confidential information relating to the business or affairs of the Client. This obligation does not apply to any confidential information that:
i. at the time of disclosure to Computers Plus such information is in the public domain, or such information subsequently comes into the public domain other than by reasons of breach of this obligation.
ii. disclosure is required by law or in the course of any legal proceedings, or prior to such disclosure, such information was lawfully in Computers Plus possession evidenced as by the written records of Computers Plus or its representatives.
7. NO INDUCEMENT
Either party shall not at any time during or after Contract Engagement, entice or induce or attempt to entice or induce away from the other party, any person who at any time during the continuance of the Engagement is employed by the other party.
8. PAYMENT
Unless otherwise stated on the proposal, quotation, or order, payment will be made by the Client on invoices submitted by Computers Plus for the Goods, Items, or Product, or for the number of days consultancy / Project work given in any month or any term agreed in writing between the Client and Computers Plus. Payment shall be due STRICTLY within THIRTY days of the invoice date. VAT is added where applicable. Interest of 2% per month, or part thereof, of invoice total will be charged for late payment beyond 30 days. Upon termination in accordance with Clause 9, all fees that are attributable to work already done and expenses incurred by Computers Plus up to the date of termination shall be paid or reimbursed in full. All goods, items or product will remain the property of Computers Plus until paid for in full. Computers Plus reserves the right to withhold any goods or services should payment(s) not be made within these terms and conditions as shown here.
9. TERMINATION
Computers Plus shall have the right at any time to terminate the Engagement by giving notice in writing to the Client, or immediate termination with confirmation in writing if:
i. the Client commits a breach of any of these Terms & Conditions & fails to remedy the same within 30 days of a written request from Computers Plus so to do.
ii. payments (ref. Clauses 2 and 8) or any part thereof shall remain unpaid for a period of 30 days after the same shall have become due.
iii. the Client enters into liquidation - compulsorily or voluntarily (other than amalgamation or reconstruction purposes) or compounds with its creditors or appoints a receiver to all or part of its assets or takes or suffers any similar action in consequence of debts, or if an individual or partnership, or if the Client or any of its members become insolvent or enters into any arrangement with its creditors or takes or suffers any similar action in consequence of debt.
iv. the Client is guilty of any conduct which in the opinion of Computers Plus is prejudicial to Computers Plus interest.
The Client may terminate the Engagement at any time by giving Computers Plus three months notice in writing. Alternatively a Termination Fee equivalent to 2 months daily rate specified in the current contract may be charged by Computers Plus, or other agreed fee as negotiated.
10. FORCE MAJEURE
Neither party shall be liable to the other if failure to perform under these Terms & Conditions is caused or occasioned by act of God, fire, explosion, flood, drought, war, riot, sabotage, embargo, strikes or other labour unrest, interruption due to delay in transportation, compliance with regulations or requests of any government of competent jurisdiction or any officer, department, agency or committee thereof, or by an event or circumstance of like or different character to the foregoing beyond the reasonable control of the party or so failing to perform.
11. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with English Law.
12. MISCELLANEOUS
Failure by Computers Plus to insist upon strict compliance with any provision thereof shall not be deemed to be a waiver of such provision or any other provision thereof. The invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision. These Terms and Conditions may not be modified except by an agreement in writing signed by Computers Plus and the Client.

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