TERMS & CONDITIONS

DENOTATIONS & EXPOSITION

• Presuming the circumstances, the hereinafter terminology offers the meanings attributed and correlated to them underneath:
• Customer is referred to that individual who buys merchandise from the vendor
• The vendor is SBS Data Systems Ltd located at 455, Chester Road Manchester M16 9HA
• A contract is an agreement between the vendor and the customer for selling and purchasing of products depending on different circumstances
• Products are the merchandise agreed to be purchased or sold as mentioned in the agreement to the clients by the trader.
• Reference to a specific statute denotes any action for any modifications, postponement, and implementation.
• Citation to a specific gender entails both the gender.

THE COMPLETE ACCORD

• Depending on modifications based under status 2.3, the Agreement or accord shall bind the terms and conditions involving any purchase order, validation of the order, and correspondences.
• Other than which is mentioned in the Agreement, no other denotations and expositions shall be applicable or be valid.
• Except for the signature from the chief authority of the vendor, no other conditions for products’ sales or exhibitions shall be counted valid.

MANAGING ORDERS

• The orders that are placed by the clients depend on the eventual approval by the vendor.
• The corroboration which is sent by the trader to the clients mentioning the product details does not identify it as order evidence.
• Endorsement of client’s order and fulfillment of the Agreement between Vendor and Clients will signify the delivery of products mentioned in the Contract if otherwise, the client chooses a product cancellation.

PRODUCT NARRATION AND COSTING

• When the clients orders a product, its narration shall be according to the vendor’s site.
• The examples and illustrations offered by the trader for the products offer a fair idea about the merchandise, which will not be mentioned in the Agreement.
• The trader assures the accuracy of product prices displayed on their site. Now, in case of any discrepancy, the vendor will promptly inform the clients, and provide the facility of reinstating the order in its accurate price or revoke the order. However, if the clients do not revert to the vendor with the order acceptance within three days, the order stands nullified. Herein, the vendor is bound to reimburse any paid amount for the product, if the situation is within three days period.
• The prices for the products are displayed in UK £, if not mentioned separately. The price entails VAT at current market rates, excluding the costs for dispatch.

SHIPMENT

• The shipment of the merchandise will be done to the address mentioned by the clients, or any other locations specified by the clients or vendors’ shop wherein the customers can also collect the merchandise.
• The vendor might ask for a mug shot displaying the address from the clients before the dispatch is done.
• The shipment dates for the products show an approximate date and time, but if not mentioned, the merchandise shall be delivered promptly.
• Besides, the clients can take the delivery of the merchandise on their own within five days from the vendor, by providing prior notice to the trader.
• Now, in case the clients do not receive the package, or the vendor could not dispatch the merchandise on time due to lack of proper addresses or documentation, the risk and probable loss or damage for the merchandise will be on the clients. Herein, the merchandise will also be deemed to be dispatched.
• As per condition 5.5, if the vendor comes for a re-dispatch of the merchandise after the first failed attempt of shipment, an extra surcharge will be levied for these re-shipments.
• The trader can dispatch the merchandise in detached part-payments, wherein such payments shall be taken as different Agreements.
• Again, the clients need to specify any time issues relating to the shipment within a day of dispatch, or else the vendor shall treat the products as accepted.

RISK

• The merchandise shall be the clients’ responsibility from shipment time, excluding the products delivered outside the UK, Channel Isles, and Ireland, wherein the liability is taken at the delivery period.

PAYMENT

• The clients can make payment for the merchandise in the mode mentioned on the vendor’s site.

CUSTOMERS RIGHT TO CANCEL PRODUCTS UNDER CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS OF 2000

• In case the clients buy the products from the vendors’ site or calling at the phone number, the clients are authorised to cancel the merchandise on any grounds, however, the cancellation should be within seven working days, after shipment of the products.
• The clients can also nullify the Agreement by writing to the vendor, wherein the clients shall return the products to the traders’ location by themselves if there is an issue of software or warranty or unsealed packages.
• Till the time the merchandises are with the clients, they shall be under a legal binding to protect the products
• Now, if the vendor dispatches the products through a delivery service, the charge of such shipment might be cut back from any amount reimbursed following condition 8.7
• The vendor has the authority to produce a service charge, which can be published on their site occasionally, in case the merchandises are IT equipages and are not renewed to the default settings.

LIMITATION OF LIABILITY

  • Herein, the conditions set the financial liability of the vendors to the clients in regards to violation of such circumstances, or resale of products by customers.

ASSIGNMENT

  • The vendor may delegate the entire product agreement or portion of the same to any third party.
  • However, the clients are not authorised to entrust the agreement or portion of it to anyone, without the initial written approval from the trader.

UNFORESEEN DEFERRALS

• The vendor possesses the authority to postpone the dispatch date, or revoke the agreement, or decrease the quantity of the products ordered by the clients. This is due to the reason of any unforeseen events like, floods, earthquakes, pandemics, firebreaks, national emergencies, terrorist activities, communal riots, and labour strikes, among others, for which the seller is not at all liable. In this case, if such unforeseen situations go over 90 days, the clients are authorised to offer written notices to the vendor to discontinue the product agreement.

ASSIGNMENT

• The vendor may delegate the entire product agreement or portion of the same to any third party.
• However, the clients are not authorised to entrust the agreement or portion of it to anyone, without the initial written approval from the trader.

UNFORSEEABLE DELAYS

• The vendor possesses the authority to postpone the dispatch date, or revoke the agreement, or decrease the quantity of the products ordered by the clients. This is due to the reason of any unforeseen events like, floods, earthquakes, pandemics, firebreaks, national emergencies, terrorist activities, communal riots, and labour strikes, among others, for which the seller is not at all liable. In this case, if such unforeseen situations go over 90 days, the clients are authorised to offer written notices to the vendor to discontinue the product agreement.

EXPORT OF PRODUCTS

• When the merchandise is sold by the vendor for export purposes from the UK, the clients are bound to fulfil all statutory obligations and payment of import taxes and duties. Now, when the trader informs the clients that any particular product cannot be exported to any specific country under the vendors’ export licenses, the clients shall not supply their new or redundant products to that specific country.
•In case of product order shipments falls outside the UK, the Channel Islands, Northern Ireland, and Isle of Man, the authority and risk of the products will pass onto the clients instantly. The charges of such products are payable in UK currency including VAT charges, however, it excludes the import taxes, clearance charges, and local taxes.

GENERAL

• In case of any condition of the product agreement is justified by the court of law as completely or partially illegal, or void, or fallacious, such provisions shall be deemed invalid and unreasonable and it also includes the remaining conditions of the agreement will be considered void with immediate effect.
• If the vendor holds back or fails to enforce any conditions of the agreement, it cannot be treated as a disavowal of any rights under the product agreement.
• Any waiver given by the trader in violation of the conditions of the agreement can be treated as a waiver.
• The constitution, presence, development, enactment, and legitimacy of the product agreement shall be administered by English law and comes under the direct jurisdiction of the English court of law.

THE SUBSEQUENT SUPPLEMENTARY TERMS AND CONDITIONS CAN BE APPLIED, IN CASE THE CLIENTS ARE BUYING THE PRODUCTS FOR THE PURPOSE OF A PROFESSIONAL BUSINESS OR TRADE

DELIVERY

• Herein the provisions of 5.1 and 5.2 cannot be applied
• Shipment of the products shall be done to the business address of the clients.

PRODUCT BOUGHT ON CREDIT

• In case the merchandise is bought by the clients on credit facilities offered by the vendor, the trader shall provide a bill for payment along with the shipment of the products.
• Now, the number of days within which the payment has to be made by the clients on receipt of the product shall depend on the stipulated credit conditions mentioned in the product agreement.
• Till the time, the vendor has completely received the funds on his account; such payments made by the clients shall not be treated as paid.
• The clients are liable to pay the dues for the products mentioned in the agreement in total amount without any discount or compensation or deduction, till the clients hold any legitimate court dictum, wherein it is mentioned of such reduction in payment from the vendor’s end to the clients.
• Now, in case the clients fail to pay any due amount to the vendor as mentioned in the product agreement, the customers are bound to pay interest to the vendor on the specific amount from the due date of payment at 8% annual rate interest as stipulated by the Bank of England. Herein, the trader holds the right to demand the interest under the Late Payment of Commercial Debts 1998 Act.
• In this context, it should be stated that the total legitimate and profitable proprietorship of the products can only be transferred to the clients, only when the vendor receives the entire payment due in regards to the product, and any interest that is remaining due, as mentioned in the product agreement.
• Till the time, the legal possession of the merchandise has been transferred to the clients; they shall maintain the products as a legal custodian of the seller. Besides, the customers can also sustain the merchandise to any third parties, wherein they should perform as a trustee of the vendor. Moreover, the clients shall maintain the products in suitable conditions without defacing as insured merchandise on behalf of the vendor. Again, when demanded by the trader, the clients are needed to exhibit the policy of insurance.
• Now, the client’s proprietorship rights on the products can get dissolved promptly, if the ownership has not passed as per the provision of the terms and conditions mentioned in 15.6. Besides, in case the client has been made bankrupt by the bank and fails to perform the obligations under the product agreement, or incapable to pay off his debts, under the Insolvency Act 1986, the clients’ product ownership shall be terminated.
• The vendor is authorised to retrieve due payments for the merchandise, irrespective of the fact that, the statutory and favourable proprietorship of the products has not yet transferred from the vendor only.
• The clients bestow the trader or product merchant, their subagents, and employees and irreversible authorisation to come into the location anytime, where the aforesaid products are kept to probe and repossess them when the clients’ ownership rights are dissolved.

QUALITYL

• Now, in scenarios, when the trader is not the producer of the merchandise, rather a re-vendor, he will not be able to offer any prompt warranties of any sort relating to the aforesaid products.
• The merchandise can be sold with a producer’s warranty; such specifications shall be delivered with the aforementioned products.
• Again, in case some products are identified as malfunctioning items after the shipment is done, the clients shall do the needful with the merchandise as per the existing warranty of the producer. Herein, the customers shall directly return the repaired or restored products to the producer only, rather than the vendor.

NO CANCELLATION RIGHTS

• Herein, condition 8 of the aforesaid terms and conditions shall not be applicable. In this context, it should be mentioned that, in the case of products sold for professional business or trade, the Consumer Protection (Distance Selling) Regulations 2000 cannot be applied.

RETURNS

• Bound by the written contract for the product with the vendor, and the payment of replenishing charges of 25% of the purchase price by the clients, the products can be returned to the trader at the clients’ cost within seven days of shipment.
• Herein, it can be stated that no returns will be acknowledged for products dispatched outside the UK, Channel Isles, and Ireland.

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