In these terms and conditions the following expressions shall have the following meanings- “Comtek System Solutions” means R Cooke T/A Comtek – “the Buyer” means the person, firm or company offering to buy goods from Comtek System Solutions – “the Goods” Means the goods or materials or services which the Buyer is buying or offering to buy.
The agreement shall be governed by English Law All disputes of any nature shall be settled by an English Court of competent jurisdiction.
Prices and Quotations
The prices contained in any quotation or price list are based on conditions ruling at the date thereof. If any increase howsoever arising in the cost of merchandise including but without being limited to any increase in the costs of manufacturing or raw materials, labour or transport occurs after such date. Comtek System Solutions shall be entitled (subject to any statute or regulation) to make such addition to the contract price as shall be reasonable in the circumstances.
Value Added Tax
All prices quoted or accepted are exclusive of Valued Added Tax and the contract price shall be such prices plus VAT. VAT is applicable to carriage.
A. Payment is due in full in pounds sterling without any deduction or set-off within 30 days of the date of invoice, which may be issued at any time after the goods are ready for dispatch.
B. If any payment is not made when due Comtek System Solutions may charge and the Buyer shall pay on demand, interest on the amount from time to time outstanding from the due date until payment (calculated on a daily basis with monthly rests) at the rate of 2% above the base rate from time to time of Barclays Bank Plc.
C. All invoice shall be final and binding unless, within 14 days of invoice date, the Buyer objects in writing to Comtek System Solutions, stating the reasons for the objection.
Title of Goods
All goods shall remain the property of Comtek System Solutions until payment shall have been received in full by Comtek System Solutions notwithstanding that delivery date shall have passed or actual delivery shall have taken place. Risk shall pass to the Buyer on delivery to the Buyer. The Customer shall be entitled to recover from the buyer any goods for which payment has not been received when due, and enter upon premises of the Buyer to recover such goods. Where the buyer has purported to resell the goods before the property in them has passed to him the proceeds of such purported re-sale shall be held in a separate bank account in trust for the seller in towards satisfaction of the price.
Contracted Hardware Cover
A. Labour Only.
This cover includes all travel and labour costs involved in fixing or replacing parts only on the computers specified in the contract. Duration of this contract starts from date of invoice and ends 365 days from invoice date unless otherwise stated.
B. Full Parts & Labour.
The cover includes all parts, travel and labour costs to effect the specific repair by Comtek System Solutions only on computers specified in the contract document. If parts that are unavailable due to age of the machine the Buyer will be partly responsible for the cost of any Goods that are of a higher specification that previously installed. Duration of this contract starts from date of invoice and ends 365 days from invoice date unless otherwise stated.
Contracted Technical Support Cover
The cover includes telephone support 5 days per week (9am to 5pm). Problems that cannot be resolved over the phone, a site visit will be arranged. Duration of this contract starts from date of invoice and ends 365 days from invoice date unless otherwise stated.
Payment Terms for Contracts
Payment for contracts can be made in full, quarterly or monthly in advance.
Quarterly and monthly payments are subject to cost fluctuations e.g. inflation, increased material costs or if the call out frequency increases too more than a normal limit in any one period.
Written notice will be given if costs are due to change and the date from when they will start.
Termination of contract
In the event of a termination of the contract, the Buyer must give written notice. The time left on the contract will be broken down to the corresponding quarter and 50% of the remaining time of the quarter will be refunded along with any quarters outstanding if payment was made in full.
Comtek System Solutions shall not be liable to the Buyer for any loss or damage which may be suffered by the Buyer as a direct or indirect result of the supply of goods by Comtek System Solutions being prevented, hindered, delayed or rendered uneconomic by reason of circumstances or events beyond Comtek System Solutions’ reasonable control including but not limited to Act of God, war, riot, strike, lock-out, trade dispute or labour disturbance, accident, break-down, of plant or machinery, fire, flood, storm difficulty or increased expense in obtaining workmen, materials or transport or other circumstances affecting the supply of the Goods or of raw materials therefore by Comtek System Solutions’ normal source of supply or the manufacture of the goods by Comtek System Solutions’ normal means or the delivery of the Goods by Comtek System Solutions’ normal route or means of delivery.
Comtek System Solutions shall not be liable for any failure to perform its obligations when such failure is due to any cause beyond its reasonable control