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Terms & Conditions for Customers - Section B

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Terms & Conditions for Customers
Section A
Section B
Section C
Section D
Section E
Section F
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SECTION B: SALES OF SOFTWARE AND HARDWARE

20. Warranties

20.1. The Company does not give any warranties in relation to Products purchased by Customers.

20.2. The only warranties which the Customer receives are those which are given by the manufacturer or licensor (as the case may be) of such Hardware or Software to the Customer and are subject to any relevant limitations and exclusions imposed by such manufacturer or licensor (as the case may be).

20.3. The Company shall provide the Customer with details of such warranties and remedies for breach of such warranties (if applicable) upon request.

21. Delivery

21.1. The Company shall use its reasonable endeavours to deliver the Products to the premises stated by the Customer by any delivery date estimated by the Company and for the avoidance of doubt the Customer acknowledges that the delivery date is not guaranteed or of the essence of the Contract.

21.2. The Company shall in no circumstances be liable to the Customer for any losses, damages or charges incurred by the Customer due to the late delivery of the Products or Services.

21.3. Products delivered to the Customer shall be deemed accepted by the Customer and the Customer agrees it will inspect the Products immediately upon delivery and in all cases shall inform the Company in writing within 24 hours of delivery of any damage, shortages, defects or non-delivery of the Products.

21.4. If the Customer fails to take delivery of the Products (or fails to give the Company adequate delivery instructions at the time stated for delivery save for circumstances beyond the Customer’s reasonable control or by any reason of the Company’s fault) without prejudice to any other rights or remedies available to it the Company may:-

21.4.1. Store the Products until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or

21.4.2. Sell the Products at the best price readily available and charge the Customer any shortfall below the price obtained under the Order.

22. Risk

22.1. Risk of damage to or loss of the Products shall pass to the Customer:-

22.1.1. In the case of Products being collected by the Customer at the Company’s premises then at the time when the Customer collects the Products from the Company’s premises; or

22.1.2. In the case of Products which are being delivered to the Customer’s premises, then at the time of delivery; or

22.1.3. Where the Customer wrongfully fails to take delivery of the Products, at the time when the Company has tendered delivery of the Products to the Customer.

23. Property/Title

23.1. Notwithstanding delivery of the Products, title in the Products shall not pass to the Customer until the Company has received in cash or cleared funds payment in full for the price of the Products and all other Products agreed to be sold by the company to the Customer for which payment is then due.

23.2. Until such time as title in the Products pass to the Customer the Customer shall keep the Products separate from the Customer’s other goods and those of any other third parties and properly stored, protected and insured and identified as the Company’s property.

23.3. Until such time as title in the Products passes to the Customer the Company shall be entitled at any time to require the Customer to deliver up the Products to the Company and if the Company fails to do so immediately the Customer shall allow the Company or its agents or representatives to enter upon the Customer’s premises or any premises of any third party where the Products are stored and repossess the goods.

24. Cancellation

24.1. No Order which has been accepted by the Company may be cancelled by the Customer unless written agreement is obtained from an authorised representative of the Company.

24.2. The Customer agrees it may be required to indemnify the Company in full for any costs, damages, losses, charges and expenses (including any loss of profit) incurred by the Company as a result of any cancellation which is permitted under clause 24.1.

25. Returns Policy – Non-Faulty Products

25.1. The Company normally allows Customers to return unopened Products, however all returns are at the Company’s sole and absolute discretion.

25.2. Under no circumstances will the Company accept returns of opened Products unless the Products are faulty.

25.3. In circumstances where return of Product(s) is permitted by the Company the Company will issue a credit note on a Customer’s account so that the invoice for the relevant Product is deemed cancelled. In the event a Customer has paid for goods in full, a refund will be granted.

26. Returns Policy – Defective or Faulty Products

26.1. The refund or replacement of faulty or defective Products is subject strictly to individual manufacturer’s “Dead on Arrival” (“DOA”) policies.

26.2. Individual manufacturer’s DOA policies may be obtained by the Customer by contacting the Company’s customer service department.

26.3. The Customer must notify the Company of a defect in the Products within the time limit provided for in the applicable manufacturer’s DOA policy.

26.4. The Customer may be required to contact the manufacturer’s technical department to troubleshoot and/or obtain DOA authorisation which is to be retained by the Customer and presented to the Company upon request.

26.5. The Customer is also required to make note of any call/case reference numbers issued by the manufacturer to assist the Company with return of the DOA product.

26.6. In the case where it is established that Products are faulty or defective the Company’s customer service department will arrange with the Customer to have the Products collected. In some instances the manufacturer’s warranties require the Customer to contact the repair agent directly. If this is the case, the customer will be so informed by the Company’s customer service department.

26.7. All parts and labour charges will be waived but the Customer is responsible for ensuring that the Products are returned to the Company in their original packaging together with all disks, manuals and cables so as to ensure safe transit and ease of identification. The external packaging must not be damaged or defaced so it is recommended the goods are re-boxed for transport.

26.8. The Products will be tested upon receipt. If no fault is found the Products shall be returned to the Customer at the Customer’s cost.

26.9. If a fault is found and an applicable manufacturer’s DOA period is exceeded, then the Products will be repaired and/or replaced under the terms of the manufacturer’s warranty.

27. IPRs/License issues in relation to Software

27.1. The title to and the Intellectual Property Rights in the Software and in the media containing such Software does not pass to the Customer. The Customer is licensed to use such Software in accordance with these Terms and Conditions and in accordance with the applicable software license agreement’s terms and by entering into the Terms and Conditions the Customer agrees to comply with such terms.



 

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