CASH CONTROL LIMITED (Vendor) t/a JUSTTOUCH
Terms and Conditions of Sale
1) Quotations & Orders
The vendor is bound by written orders only, verbal agreements and quotations which are unconfirmed in writing are not binding to the vendor. Only those goods specified in writing shall be considered part of the agreement, subsequent amendments of the order by the purchaser shall not exempt the purchaser from paying for goods or services provided or work in hand completed on the purchaser’s order.
2) Prices
All prices quoted are as at the date of quotation. The vendor reserves the right to change prices that may become applicable on the date of delivery. The purchaser will be advised prior to delivery taking place. Goods, supplies and services are subject to VAT.
3) Cancellation of order
The vendor shall not be obliged to accept any cancellation of an order by the customer, except at the vendor’s own absolute discretion. A minimum of 20% of the hardware total invoice for handling charge will be imposed on all returns that are agreed by the vendor. All cost for customer bespoke programs will also be charged for.
4) Complaints
Complaints must be made in writing to the vendor within five days from receipt of goods, supplies or services. The vendors’ employees are not authorised to give binding guarantees or make any declarations which have not been approved in writing by the vendors’ directors.
5) Limited Liability
In the event of a claim against the vendor in respect of any matter whatsoever, the vendor’s liability if any shall be limited to the replacement of the goods sold by the vendor in respect of which the liability arises. Under no circumstances whatsoever shall the vendor be liable for consequential loss or damage however arising.
6) Payment terms
Payment terms are payment on delivery or on installation day as stated on written quotation/confirmation of order. If payment is not received on the agreed date as per contract/invoice/order, the vendor reserves the right to regard as null and void any discounts/special prices offered which forms part of the original contract. The vendor will then invoice the buyer for the difference between the contract price and list price as shown on quotation/order/invoice. It is for the buyer to ensure that any financing company the buyer has engaged to pay the vendor has been advised of our terms and conditions. The vendor also reserves the right to charge interest at the rate of 8% above the current HSBC base rate on the full amount on a daily basis. The vendor also reserves the right to electronically restrict use of any software programs supplied with a payment authorisation key if there is any breach to payment terms of software and hardware supplied.
7) Title
The property of the goods including software and any ancillary supplies shall not pass to the buyer until the buyer has paid to the vendor the total value of the invoices submitted. The buyer agrees that prior to the payment of the total value of invoices the vendor may at any time enter the buyer’s premises and remove the goods and the buyer shall keep the goods separate and identifiable for this purpose. The contract of sale shall be deemed cancelled by mutual consent in respect of any goods which the vendor shall repossess in accordance with this clause. This contract shall be subject to English Law.
8) Variations
No variations to these conditions shall be effective unless expressly made in writing by the vendor.
9) Description of goods including software and ancillary supplies
The description of these goods contained in the vendor’s quotation/order/invoice of the buyer’s order shall be deemed to be the correct description of the goods unless the buyer notifies the vendor in writing to the contrary within five days of receipt by the buyer, otherwise the vendor cannot be held responsible for any inaccuracies in specification. The vendor cannot be held responsible for any inaccuracies in sales literature passed to the buyer from the vendor’s suppliers.
10) Representations
The vendor’s employees or agents are not authorised to make any representations as to the life or wear of the goods/software and ancillary supplies that are/will be supplied or their suitability for any particular purpose, use or application for any particular purpose or for use under specific conditions. The vendor hereby excludes any oral representation.
11) Termination of contract
If the buyer shall make default in or commit a breach of the contract of any of its obligations to the vendor, or if any distress or execution be levied on the buyers property or assets or if the buyer should make or offer to make any arrangement or composition with its creditors or commit an act of bankruptcy, or if any petition or receiving order in bankruptcy shall be presented or made against the buyer, or being a limited company or corporation any resolution or petition to wind up the company, reconstruction or amalgamation shall be passed or presented or if a receiver of such company’s assets, undertakings and property of any part thereof shall be appointed, then the vendor shall have the right forthwith to determine any contract then posted to the buyer at the last known address/registered office, any subsisting contract shall be deemed to have been determined without prejudice to any claim or right the vendor may otherwise make or exercise.
12) Warranty: cash registers/EPOS systems/allied goods & items shown below as goods
All new goods supplied to the buyer as per the vendor’s written description of the same to the purchaser will be offered the manufacturer or manufacturer distributor’s warranty.
13) Warranty claims
All goods must be returned to the vendor’s address, carriage and insurance paid by the buyer, with full written details of reasons for proposed claim. The vendor will at their expense inspect the goods to determine of the claim is approved under the terms and conditions of the warranty. If affirmative the vendor will make/arrange for goods to be repaired to bring the goods to an acceptable standard. Should the goods require repair or adjustment not covered under the terms and conditions of the warranty, the buyer will be informed of the same and the vendor will offer a quotation to repair the goods to an acceptable standard.
14) Standard warranty
New goods hardware – 12 months parts and labour in conjunction with paragraph 13. Second-hand hardware – 3 months parts in conjunction with paragraph 13
Damage to printer mechanisms by consumables and/or operator error misuse or neglect are expressly not covered under warranty. The warranty does not extend to further tuition or training in the use of the hardware equipment or software following satisfactory installation. Visits for these purposes will be made available and will be charged at the vendor’s published rates.
15) Programs software for cash register/EPOS systems/allied goods and equipment
All programs are supplied by the vendor or their agents at the buyer’s request. It is the buyer’s responsibility to examine upon receipt that it is supplied in accordance with the buyer’s order. If the buyer and the vendor agree terms and specification for the supply of software program(s) which require amendment or is of a bespoke nature, then the buyer and the vendor will agree upon a functional specification of the software program(s), the vendor will as a condition of acceptance of such variation require the buyer to put in writing any variance(s) required. The vendor will charge a further fee for implementing this variation. The software sold or supplied by the vendor will be guaranteed for a period of three months and to be generally fit for the purpose intended. The vendor is unable to warrant the software to be completely free of error or that it will be possible to correct all defects. The vendor cannot be held responsible for any loss or incorrect data howsoever caused. Software support will extend for 30days from date of installation and thenceforth a current software maintenance agreement will be required for continued software support. The purchaser may not manufacture or distribute copies of software supplied or transfer from one computer over a network, modify or create derivatives of the same, nor rent, lease, transfer, sub-license, decompile, reverse engineer, disassemble or modify the software supplied by the vendor without written authorisation by the vendor.
16) Electrical requirements
The vendor requires that the electrical supply must be via a dedicated and controlled power outlet for the installation of the EPOS equipment (which is in accordance with the manufacturer’s specification) otherwise, the EPOS hardware, software supplied and data may be at risk and the vendor will not be liable for any damage resulting if this is not made available.
17) Third party installation regulations
The customer shall be responsible for any third-party equipment, cables, wiring and any services required for the satisfactory installation of the equipment and must comply with any third-party regulations thereof. The customer shall also be responsible for all cost associated with such third-party equipment and services.
18) Installation
Where offered the time & date for installation of the equipment shall be mutually agreed by the vendor & customer. The vendor reserves the right to alter such time & date should the installation site not meet the required standard for safety, lack of acceptable mains electricity power sources, lack of correctly terminated & functioning network communications, or if the installation site is not conducive to the installation of the vendors systems. If the aforementioned criteria prevent installation at the agreed time & date the vendor reserves the right to make a charge by day for labour, travelling & any expenses incurred.
19) Training
Where offered the time for training on the system will be immediately following installation, unless otherwise agreed and shall consist of one training session, unless otherwise agreed. It is left to the customer to ensure all persons requiring training are present at that session. The vendor reserves the right to make a charge by day for subsequent days for training for labour, travelling & any expenses incurred
Rev. 230904
