Terms and Conditions
These terms and conditions apply to all goods supplied by PC Development Ltd., (“the Company”) whose trading address is shown at the base of this document.
1 – INTERPRETATION
In these Terms and Conditions (Terms), the following words and phrases shall have the following meanings:
“the Buyer” means the person, firm or company who purchases the Goods from the Company;
“the Company” means PC Development Ltd.;
“Contract” means the contract between the Company and the Buyer, which shall be deemed to incorporate these Terms;
“Goods” means any goods agreed in the Contract to be supplied by the Company to the Buyer;
“Place of Delivery” means the place to which the Goods are to be delivered.
In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
2 – THE CONTRACT
The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer.
No terms and conditions contained in the confirmation of order, purchase order or other document of the Buyer will form part of the Contract.
3 – DELIVERY
Unless otherwise agreed in writing, the Place of Delivery shall be the Company’ premises and the Buyer shall take delivery within 7 days of the Company notifying the Buyer that the Goods are ready for delivery.
Any dates specified by the Company for delivery of the Goods are intended to be an estimate only. If no date is specified for delivery of the Goods, delivery shall be within a reasonable time.
Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 30 days.
If the Buyer deliberately fails to take delivery of the goods, the Company reserves the right to store the goods until an actual delivery can be made and charge the Buyer the cost of the delivery, plus any additional costs incurred for insurance and storage.
In the event of the Courier / Delivery Service failing to deliver the goods (for example due to the Buyer not being present at the delivery address), where the Buyer subsequently fails to make plans for the Courier / Delivery Service to re-deliver the goods (or collect them from the delivery depot), the Company reserves the right to take back the goods until an actual delivery can be made. In this case, the Company will charge the Buyer for the cost of the return of the goods to the Company, plus the re-delivery cost to re-send the Goods to the Buyer. The cancellation of the order from the Buyer at this stage will be subject to a re-stocking fee, applicable as per the standard Right of Cancellation / Return of Goods procedure detailed in these Terms and Conditions.
Every effort will be made to deliver goods as soon as possible after an order has been accepted. However, the Company will not be liable for any loss or damage suffered by the Buyer through reasonable or unavoidable delay in delivery.
All damages must be reported within 14 days of delivery, any claims after this date will be not accepted.
Upon receipt of your order, the Buyer will be requested to sign for the goods received in good condition. If the Buyer is unable to check the contents of the package at that time, the Buyer should sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims made thereafter.
4 – RISK IN AND OWNERSHIP OF THE GOODS
Risk in the Goods shall pass to the Buyer on delivery.
Where the Buyer is a business customer, the right of ownership to the goods shall terminate immediately if:
A bankruptcy order is made against the Buyer, or an arrangement or composition with creditors is made
The Buyer takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors
The Buyer formally or informally holds a meeting of creditors
The Buyer enters into liquidation (whether voluntarily or compulsory)
Proceedings of any form relating to insolvency have initiated against the Buyer
Until ownership of the Goods has passed to the Buyer, the Buyer shall:
Hold the Goods on a fiduciary basis as the Company’s bailee;
Store the Goods separately from all other goods of the Buyer or any third party in such a way that they remain identifiable as the Company’s property;
Not destroy or deface any identifying mark on the Goods or their packaging;
Maintain the Goods in satisfactory condition insured with the Company’s interest noted on the policy and hold any proceeds of such insurance on trust for the Company and not mix them with any other money.
5 – PRICE
The price for the Goods shall, unless otherwise agreed, be the price set out on the date of delivery in the Company’s price list(s), web site and other sources of pricing. The price for the Goods shall be exclusive of all costs of carriage and insurance and applicable VAT which the Buyer shall pay in addition. The Buyer shall pay such deposit as the Company shall direct.
Every effort is made to ensure that pricing is accurate, but where errors are found following an order, the Buyer shall be informed of the discrepancy and will be offered the option of either re-confirming their order, or canceling it.
Product discounts (where applicable) are subject to change, without notice, by the Company.
In addition to the price, you may be required to pay a delivery charge for the goods.
6 – PAYMENT
Subject to paragraph 5, payment of the price of the Goods shall be due 30 days from the date of the Company’s invoice for the Goods.
Payment shall not be deemed to have taken place until the receipt by the Company of cleared funds.
7 – WARRANTIES
The Company warrants that the Goods are of satisfactory quality.
If the Buyer wishes to make a claim under this warranty, the Buyer shall give written notice to the Company within 30 days of the discovery of the defect and give the Company a reasonable opportunity to inspect the Goods in question.
The Company shall not be liable for any breach of warranty if the Buyer makes any further use of the Goods after giving such notice or alters or repairs the Goods without the agreement of the Company.
The Company’s liability under the warranty shall be limited to repairing or replacing the Goods in question or refunding the price of such Goods.
8 – LIMITATION OF LIABILITY
The Company’s liability in contract, tort or otherwise arising out of the subject matter of the Contract shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages.
9 – FORCE MAJEURE
If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
10 – GENERAL
If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms, which will otherwise remain in full force and effect.
These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.
11 – INFORMATION ACCURACY
The Company will make every effort to provide accurate, appropriate information in a timely fashion, but will not be liable for any inaccuracies in information provided either verbally, in written form, or electronically via its associated web site and other means.
The Company will not be liable for the accuracy of any information that is provided via third parties (such as information provided on the Company web site). This limitation of liability extends to the provision of stock information and quantity levels accessible via the Company web site.
Product images provided on the web site and in any literature produced by the Company are for illustrative purposes only.
12 – RIGHT OF CANCELLATION / RETURN OF GOODS
The Buyer has the right to exercise their right of cancellation (this is applicable where the Buyer has purchased goods in error), but all non-faulty goods returned will be subject to a re-stocking fee of 15%. This re-stocking fee includes the cost of the Company collecting the goods from you. All non-faulty goods must be returned in their original UN-OPENED packaging and this packaging should be placed inside a suitable shipping carton (ideally the original shipping carton, where possible).
To exercise the right of cancellation, the Buyer must provide written notice to the Company by standard letter or e-mail (which must be from the original e-mail address used if the order was requested via the Company web site). The written notice must contain the details relating to the contents of the order and (where appropriate) their delivery.
In the event of the Buyer receiving goods that are faulty on arrival (“dead on arrival”), the Buyer has 7 days in which to inform the Company by standard letter or e-mail. Goods which are faulty on arrival (“dead on arrival”) will be collected by the Company at no cost to the Buyer. Goods should be returned in their original packaging and in its original shipping carton, together with all accessories and documentation. On receipt of the goods, the Company will inspect and test the returned goods and if a fault is found, the Company will issue a replacement or full refund via the original payment method. All returned items are tested and where our technicians find no fault, the Buyer will be liable for all carriage charges.
The goods must be returned to the address shown at the bottom of this document.
Exchange or repair of faulty goods will be returned to the customer at our expense within the UK and British Isles only. Any international returns will be sent F.O.B. (Free on Board). All shipping, Customs clearance, and Duty will be at the customers expense.
The Buyer must take reasonable care in the transportation of the goods back to the Company, ensuring they are not damaged in the meantime, or whilst in transit. Goods should therefore be returned in adequate, protective packaging, preferably in the original packaging used to ship the goods. If the original packaging used to ship the goods is not available, please use a Jiffy Bag or a strong box to transport the goods back to us.
In order to minimise the risk of damage/loss of goods whilst they are in transit back to us, we insist that goods are sent to us using Royal Mail Special Delivery and that the Buyer retains a receipt / proof of posting.
Once the Buyer has notified the company that they are cancelling the contract, the Buyer will be re-credited within 30 days for any sum that was actually debited from their credit card for the goods. Re-crediting will only occur once the goods have been returned and the Company is in receipt of them.
Goods must be returned within 14 days after notifying the Company of any cancellation.
Where goods are not returned as required, the Company may charge the Buyer a sum not exceeding the direct cost of recovering the goods.
The Buyer may not return goods after they have been unsealed, or for computer systems and storage devices which by their nature are classed as modified once used. This also extends to any consumable goods, which by their nature cannot be returned.
PC Development Ltd.
Unit 21 Riversway