Linux Consultancy Experts & Linux Solution Providers
TERMS & CONDITIONS


Address of Linux Support Company in Sheffield

CONTRACT
AlwaysLinux (“the Company”) agrees to supply goods and/or services,  “goods” or  “services” to the Customer named overleaf “the Customer”, subject to the following terms and conditions.

GENERAL
These conditions shall come into force on our acceptance of your offer and shall apply to all orders received whether in writing or otherwise.  In case of any conflict between these Conditions and your conditions of purchase or the terms of your enquiry or order or any correspondence relating thereto these Conditions shall prevail except to the extent that these Conditions are excluded by specific reference by us in writing.  Written confirmation of telephone orders should be clearly marked as such otherwise you will be responsible should orders be duplicated.  We reserve the right at any time to refuse orders.  No variation of your order will be recognised unless agreed by us in writing.  We reserve the right to cancel your order if you commit an act of bankruptcy or commence winding-up by reason of insolvency or make an arrangement for the benefit of creditors.

SETTLEMENT TERMS
For supply of “goods”, terms are strictly payment with order.  No goods will be despatched until the Company has received cleared funds.

OPENING CREDIT ACCOUNTS for supply of “SERVICES”
Customers wishing to open a credit account are requested to complete a credit application form requiring 2-trade and 1-bank references.  Credit accounts will not be activated until the Company has confirmed approval in writing to you.  Services will not be supplied prior to notification of approval, being issued by the Company.  We reserve the right to charge interest on overdue accounts at the rate of 5% above the prevailing Base Rate of Barclays Bank.

TERMS FOR PROVISION OF SERVICES
The provision of these services is subject to the issue of a separate Service Level Agreement (SLA) between the Company and the Customer.

PRICE LISTS AND PRICES
All quotations are given at current prices but are subject to alteration without notice in accordance with prices ruling at the time of delivery, E&OE.  The Company shall be entitled to recover from you by way of addition to prices, amounts that you may become liable to pay in respect of Value Added Tax in relation to any goods or services supplied by us.  Catalogues, price lists and other advertising matter are intended to present only an indication of the type of goods offered and no price or other particulars contained therein shall be binding on us unless expressly included by reference thereto.

CARRIAGE
The Company will identify carriage charges on quotations issued and will include manufacturers carriage charges made for goods specially ordered from manufacturers.

GUARANTEE
The Company gives no guarantee on goods supplied by us.  However, notwithstanding the foregoing, we hereby give you a guarantee equivalent to such unexpired portion of the guarantee or warranty (if any) received by us from the supplier of such goods.  You shall properly use, care for and maintain the goods. The Company will not accept liability for any damage or changes to goods caused by the Customer. This Company will make available upon request, information on the design, construction and installation of products, as issued by the manufacturers, to ensure that as far as is reasonably practicable, they are safe and without risk to health when properly used.  It is the responsibility of the Purchasers to take such steps as are necessary to ensure that appropriate information relevant to the products is made available to the user.  Our liability under these Conditions shall be in lieu of any warranty or condition implied by law as to the quality, fitness for any particular purpose or merchantable quality of the goods.  No statement made or agreed and no liability undertaken orally shall be binding upon us unless confirmed by us in writing.  Save as provided in these Conditions, we shall not be under liability whether in contract or arising out of statute or in part or otherwise for any loss, damage, injury or death arising directly or indirectly from goods/services supplied by us. The Company does not accept any liability for physical or electrical damage due to power surges.  The Customer will be liable for any costs to repair/replace such equipment.  The Customer should be adequately covered by insurance for such an event. The company does not accept responsibility for customer loss of data. It is the responsibility of each customer to ensure adequate back-up procedures are in place and data is backed up prior to any services or goods supplied by the company.

DELIVERY/INSTALLATION
Delivery and installation dates whether written or oral are given in good faith by us to indicate estimated times but shall not amount to a contractual obligation to deliver at the time stated.  We will accept no liability for direct or consequential loss or damage arising from delay and delivery.  Delivery dates shall be reasonably extended if delays are caused by industrial disputes or by any cause beyond reasonable control.

TITLE AND LIEN
Title to any goods supplied by us shall not pass to the Customer until the Company have received in cash or cleared funds, payment in full of the price of the goods and all other goods agreed to be sold by us to you for which payment is then due.
If the Customer fails to make any payment to the Company when due, compounds with its creditors, executes an assignment for the benefit of its creditors, has a bankruptcy order against it or being a company enters into voluntary or compulsory liquidation or has an administrator or administrative receiver or receiver appointed over all or part of its assets or takes or suffers any similar action in consequence of debt or becomes insolvent or if the Company has reasonable cause to believe that any of these events is likely to occur the Company shall have the right without prejudice to any other remedies:

· Enter your premises to recover any goods supplied by us or other products of which the goods have become part in the event of your failure to pay for the goods or services supplied.

· Require the Customer not to resell or part with possession of any goods owned by the Company.

· Should goods or services provided become the constituents of other products we shall have legal ownership of such other products as if they were simply and solely the goods and services being supplied by us.

RETURNS
Goods may not be returned without our agreement and are not sold on a trial basis. Goods returned must be consigned carriage paid and accompanied by a goods return ID (RMA) number, issued in advance by the Company. At the Company discretion, goods that are accepted for return may be subject to a 15% re-stocking fee prior to issuing a credit or refund.

PACKING AND TRANSIT
All goods are carefully packed and consigned in good condition.  They are signed for as such by the carriers who are then responsible.  In the event of any goods being damaged in transit, it is essential that the customer sign for them as “Damaged” or “Unexamined”.  It is also essential that customers notify both us and the carriers of all claims for damage or loss within 24 hours from receipt of goods or any suspicion or indication that the goods may have been lost in transit.  Failure to do so within such 24 hours will result in the claim not being recognised.

LEGAL CONSTRUCTION
Unless otherwise agreed in writing by one of our Directors, the construction, validity and performance of any contract arising hereunder shall in all respects be construed and operate in accordance with English Law and shall be subjected to the jurisdiction of the English Courts.

FORCE MAJEURE
Whilst the Company will use all reasonable endeavours to fulfil its contractual obligations hereunder, it shall not be liable for any delay brought by events that are beyond the control (for any reason) of the Company.


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