Terms and Conditions of Business
The following is a complete copy of Rascom I.T.'s standard terms and conditions of business (last reviewed on 2nd April 2019).
By placing an order for any services or products from Rascom I.T. , you acknowledge that you have read, understand and accept these terms.
The Company means RASCOM IT., a trading name of TOUCHSCREENS DIRECT LIMITED whose registered office and trading address is UNITS B5 - B6, THE WREN CENTRE, WESTBOURNE ROAD, EMSWORTH, HAMPSHIRE, PO10 7SU.
These conditions shall apply to and be incorporated into every contract between RASCOM I.T. and any person, firm or company (“the Customer”) under which the Company supplies Goods or services. The Customer means any person, firm or company purchasing the Goods or services supplied by RASCOM I.T. These conditions shall supersede all earlier conditions issued by the Company. These conditions shall take precedence over any conditions of the Customer unless otherwise agreed in writing by a director of RASCOM I.T. References to “Goods” include the supply of any services to be supplied by the Company to the Customer. “Contract” means the agreement between the Company and the Customer for the sale of Goods and/or the supply of services. A specific condition of Contract is that the Company reserves the right to decline to trade with any company or person. In the event the Company declines an order in respect of which payment has been received, the full amount of such payment will be refunded. Any items that have been already supplied relating to the order must be returned in their original condition.
Any delivery dates quoted whether verbally or otherwise are estimates only and are not guaranteed. Time quoted for delivery is not a condition of the contract. Delivery of the Goods to the Customer’s address or any other place stipulated by the Customer shall constitute delivery and the risk therein shall pass upon such delivery to the Customer. The Company shall be entitled to make partial deliveries by instalments and these conditions shall apply to each partial delivery. The Company will not be liable for any failure to meet a delivery date nor for the loss or consequential loss of any time arising from a delay in delivery howsoever caused.
3. FORCE MAJEURE
The Company will not be deemed to be in breach of any of its obligations under the contract or otherwise be liable to the Customer due to any damage, delays or non-performance directly or indirectly caused by lack of instructions from customers, governmental regulations or requirements. Nor any failure to perform any such obligations by reason of any cause or event beyond the Company’s control (including without limitation breakdown of plant or machinery, strike or industrial dispute, shortage of materials or failure of or delay in receiving supplies, act of war (declared or not). Other causes, whether similar in nature to any of those herein specified, deemed beyond the Company’s reasonable control, include Acts of God and any law regulation of any government or any local or municipal authority. If any such event continues for more than 28 days, the Company may terminate the agreement forthwith by written notice to the Customer without prejudice to the accrued rights of either party.
Unless otherwise stated any prices quoted by the Company are:
a. Exclusive of value added tax (VAT) and any other taxes;
b. Exclusive of carriage, packing and insurance; back orders may incur additional carriage charges;
c. Liable to be varied by the Company in accordance with cost variations The Company reserves the right to amend payable prices for orders placed in person or via website, fax, post or telephone (including VoIP services). In such cases, the Customer will be advised of any changes to price prior to despatch and given the opportunity to amend or cancel the order without penalty.
Prices quoted are those current at the time of quotation and the price payable by the Customer shall be that which is current at the time of despatch to the Customer. Where the Customer does not adhere to agreed call offs, the Company reserves the right to amend the price structure in accordance with the quantities delivered. For the purposes of our hourly rate charges, attendance will be rounded up to the nearest ½ hour (30 minutes). Thus, for example, 20 minutes would be charged as 30 minutes, likewise 55 minutes would be charged as 1 hour. A minimum charge of 30 minutes applies to all invoiced work.
5. PAYMENT TERMS
All requests for payment by the Company will be made in the form of an official invoice. This document will include (amongst other information) details of any parts supplied to the Customer, items purchased on behalf of the Customer and labour undertaken.
a. If credit terms have not been previously arranged, the Customer is liable to pay for all items indicated on the invoice and supplied to him by the Company at the time of supply or installation.
b. If credit terms have been previously arranged, the Customer is liable to pay for all items indicated on the invoice and supplied to him by the Company on or before the end of the agreed term following the date of invoice or in accordance with any individual settlement terms agreed in writing with the Company.
c. Support contracts may be paid monthly, quarterly or annually in advance. The payment schedule will be agreed in writing between the Company and the Client in the initial support contract agreement and this schedule must be adhered to. Any requests from the Customer to alter the schedule should be made to the Company in writing 30 days before the alterations are requested to commence.
d. The Company reserve the right to suspend deliveries where payment is not received in accordance with paragraph 5(a/b/c) of this clause or in accordance with any alternative items of payment agreed in writing. Under the terms of the Late Payment of Commercial Debts (Interest) Act 1998 the company understands and will exercise its statutory right to claim interest and compensation for debt recovery costs if payment is not made to agreed credit terms. An administrative fee will be charged according to the amount owed (£40 up to £999.99 owed, £70 for £1,000-£9,999.99 owed, £100 for overdue payments in excess of £10,000). Statutory interest on overdue invoices shall accrue on any unpaid amounts from the date when payment becomes due at 8 per cent per annum above the Bank of England reference base rate from time to time until the date of payment (any part of a month being treated as a full month for the purposes of calculating interest) to accrue before and after any judgment.
6. NO-FIX, NO-FEE POLICY
If the Company is unable to satisfactorily resolve the problem or effect the repair, then no charge is made to the Customer. If the Company is able to resolve the problem or effect the repair, but are only prevented from doing so by the Customer requesting the engineer not to proceed with the work, then the Customer will be charged for the time spent by the Company to that point. Similarly, if the Company are able to resolve the problem or effect the repair, but are only prevented from doing so because the Customer does not possess the required software installation media or product registration/activation key or other similar licensing information, then the Customer will be charged for the time spent by the Company to that point. If the Company provides a diagnosis of the fault and the Customer decides not to authorise the Company to proceed with the replacement of the component, then the Customer may be charged for the time spent by the Company to that point at the Company’s discretion. The policy does not apply to work related to computer viruses, Spyware or general misuse or to cases in which the computer has been struck by lightning or other similar events.
7. TELEPHONED ORDERS
If requested, the Customer agrees to send to the Company a written order in confirmation of any telephoned orders duly marked with any confirmation reference given by the Company. Otherwise, the Company cannot accept liability for any duplication of delivery that may occur.
8. RETENTION OF TITLE OF GOODS
Even though the Goods may have been delivered and the Customer may be responsible for any loss or destruction of or damage to the Goods and not withstanding any other provision of these conditions, the legal and beneficial ownership of the Goods will remain the property of the Company until the Company has received payment in full of:-
a. All sums payable to the Company in relation to all contracts and agreements.
b. All other sums due from the Customer to the Company when, the sums referred to in (a) are paid, in respect of the supply of any other Goods or services. Until the Customer becomes the owner of the Goods in accordance with Condition 8(a/b) the Customer shall hold the Goods as fiduciary agent and bailee for the Company who may, at any time and without prior notice, require the Customer to store the Goods in such a way that it can be identified as the Company’s property (whether or not they form part of or are affixed to any other item) and keep it separate from the Customer’s own property and the property of any other person. At any time whatsoever the Company shall be entitled to recover Goods from the Customer until full payment has been made and, for that purpose, the Customer hereby grants to the Company, its agents and employees an irrevocable license to enter any premises where such Goods are stored in order to repossess the same.
9. DRAWINGS, SPECIFICATIONS ETC.
All drawings, descriptive weights, dimensions and the descriptions and illustrations contained in the Company publications and/or website are approximate only and do not form part of any contract or agreement. In addition, drawings and/or technical documents issued either before or after the conclusion of this agreement for the use or information of the Customer and other such information as may be supplied to the Customer including specifications shall not be copied, reproduced or communicated by any third party without the Company’s prior written consent. The company cannot be held liable for the content of any third party drawing, information or technical documents.
10. LOSSES OR DAMAGE IN TRANSIT
The Company will not be responsible for damage to any of the Goods or loss of the Goods or part thereof in transit or for any discrepancy between the Goods delivered and the contracted Goods to the Company unless the Customer gives written notice of a claim to the Company and to the carrier a. In the case of damage within 3 days after having received the Goods. b. In the case of loss or shortage within 7 days of the date of delivery of the other Goods under the relevant consignment. At time of delivery, the Customer may be asked to sign a copy of the Company’s carrier’s delivery manifest or similar; as acknowledgement of receipt of Goods. The Customer should inspect the Goods carefully as an unqualified signature shall be deemed to signify the Customer’s acceptance that the Goods are in good condition.
11. WARRANTIES AND LIABILITIES
All Goods sold by the Company are covered by a manufacturer’s warranty. The Customer shall be responsible for contacting and returning any registration or warranty cards to the relevant manufacturer and for the avoidance of doubt the Company shall not be held responsible for any acts of the manufacturer or its agents including (without limitation) any failure by the manufacturer to replace or repair any of the Goods in question which are the subject of the manufacturer’s warranty.
For the avoidance of doubt, to the fullest extent permitted by applicable law, the Company makes no representations or warranties of any kind and assumes no liability concerning whether any of the products or services sold by the Company are Year 2000 compliant. The manufacturers or publishers of certain products may supply year 2000 representations and warranties directly to our Customers. Subject as expressly provided for in these Conditions and except in cases where the Goods are sold to a person dealing as a consumer (as that term is defined in the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
For the avoidance of doubt where Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Conditions. Except in respect of death or personal injury caused by the Company’s negligence the Company shall not be liable to the Customer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty in common law or under the express terms of the Contract for any indirect, special or consequential losses or damages (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees, agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer and the entire liability of the Company under or in connection with the Contract shall not exceed one and a half times the price paid for the Goods in question by the Customer.
For the avoidance of doubt before installing any Goods or returning any Goods to the Company it shall be the Customer’s responsibility to back up or save any data and the Company accepts no liability for the loss of any data or otherwise. The amount charged for the Goods is calculated with reference to the exclusions and limitations on the Company’s liability under these Conditions and the Customer acknowledges that the Company would have been prepared to add a special condition to the despatch note extending the scope and/or agreeing a higher limit in respect of its liability regarding the Goods subject to the cost of the Goods being increased to take account of the Company’s costs in obtaining specific insurance cover for the increased scope and/or amount of its liability to the Customer.
12. SOFTWARE LICENSING
It is the Customer’s responsibility to ensure they comply with all software licensing requirements. Neither the Company nor its employees or representatives will supply or install any software that does not appear to be legal or have a current valid license agreement. When undertaking any work on computer systems, the Company and its employees or representatives make the assumption, unless suspected otherwise, that the software installed on the system(s) being worked on has been legally installed and that any software supplied by the Customer is licensed and valid for usage on the system(s) being worked on by the Company. By using the services of the Company, the Customer agrees to absolve the Company of any blame or liability for any action taken at any stage in the future for software irregularities relating to items installed on systems owned by the Company.
The Customer undertakes to the Company that it will immediately indemnify the Company against all proceedings, costs, fees, expenses, payments, liabilities, losses and damages arising out of the breach or negligent performance by the Customer of any terms of the Contract.
14. EXCLUSION OF LIABILITY
Excluding the Company’s liability arising under Condition 11, all warranties or Conditions implied by law regarding the Goods and without affecting Conditions 14(a/b), the aggregate liability of the Company whether arising in contract or tort (including negligence) or otherwise howsoever for any loss, cost, damage, injury or liability (whether consequential or indirect or otherwise) resulting from or in connection with the agreement or any such breach or other matter as is referred to in Condition 14(b) will be limited to an amount equal to the net invoice value of the Goods. The limitation on any exclusions from liability contained in these Conditions shall be subject to the provisions of Section 2(1) of the Unfair Contract Terms Act 1977.
The Company shall not be liable for the loss or damage to the software programs during the repair or upgrade of any Goods whether the same are under warranty.
a. The warranty in Condition 11 will be in substitution for all other terms, warranties and conditions, express, or implied, statutory or otherwise in relation to the Goods (except for the Company’s title to them), which are hereby excluded to the fullest extent permitted by law.
b. Neither the Company nor its servants and agents will be liable in contract or in tort (including negligence) nor in any other way for any consequential or indirect loss, liability or damage or for any other claim for consequential compensation whatsoever (including loss of profit, costs or expenses or loss of data) arising howsoever from or in connection with the agreement or any breach or non-performance of any provision of it by the Company or any fault in or the supply, use, presence or resale of the Goods.
15. RETURNED GOODS AND CANCELLATIONS
The customer shall not return any goods (except in accordance with Condition 11) or cancel any orders without the company's previous verbal or written consent. Such consent will not be given where goods have been specially purchased by the company to meet the customer's requirements. Software products cannot be returned for refund or credit once the packaging has been opened and/or the software has been licensed and/or registered to the customer or business.
Products cannot be returned for credit, refund or replacement where an problem exists due to a software issue which is the responsibility of the software manufacturer(s). RASCOM I.T. will endeavour to work with customers to resolve any such problems but this does not constitute an automatic acceptance of responsibility and/or liability. If the company in its discretion gives consent, it reserves the right to make a cancellation charge of up to 20% of the contract price of the goods concerned plus VAT (exclusive of delivery charges). The Customer is liable for costs to securely return the goods.
16. COPYRIGHT, PATENTS, TRADE MARKS AND INTELLECTUAL PROPERTY RIGHTS
The Customer acknowledges that rights in respect of trademarks, trade names, copyrights, patents and other intellectual property rights connected with the Goods do not pass to the Customer. The Customer agrees to indemnify the Company against all liabilities, costs and expenses that the Company may incur as a result of work done in accordance with the Customer’s specifications that involve infringement of any patent or other propriety right.
The Company reserves the right to sub-contract any part of any work or supply of any Goods or services.
18. CONSTRUCTIONS AND USAGE
The Company shall not be responsible for adapting or modifying any Goods to conform to statutory requirements not current at the time of the acceptance or order.
The Company shall be entitled by notice in writing to terminate any contract without prejudice to any claim or right the Company may otherwise make or exercise where:-
a. The Customer is in breach of any term, condition or provision of this agreement or required by law
b. The Customer shall go into liquidation (except for the purpose of reconstruction) or if any petition or resolution to wind up the Customer shall be presented or if a receiver is appointed of the Customer’s undertaking property of assets or if a distress shall be levied upon any of the Customer’s property or if the Customer shall commit any act of bankruptcy.
21. JURISDICTION AND LAW
This contract shall in all respects be construed and operate as an English contract, conform to and be governed by English law and be subject to the jurisdiction of the English courts.
The contents of our websites are the copyright of the Company or other copyright owners and are protected by copyright law. All brand names and product names used on our sites are registered trade marks or trade names of their respective holders. You may read and copy the material contained on our websites solely for personal and non-commercial use. By using our websites you agree not to intentionally misuse it. Our websites may contain hyper-links to other websites completely unrelated to us; we are not responsible for the content or practices of such websites. Service on our websites may be interrupted occasionally and errors may occur.