Pen Computer Services

PEN COMPUTER SERVICES LIMITED

TERMS & CONDITIONS

THESE ARE THE TERMS AND CONDITIONS THAT APPLY TO ALL GOODS AND SERVICES SUPPLIED TO YOU BY PEN COMPUTER SERVICES LIMITED. IT IS IMPORTANT THAT YOU READ THESE TERMS AND CONDITIONS BECAUSE THEY INCLUDE EXCLUSIONS AND DISCLAIMERS IN RESPECT OF LIABILITY AND LOSS ARISING FROM THE GOODS AND SERVICES SUPPLIED BY PEN COMPUTER SERVICES LIMITED. THIS DOCUMENT MUST BE SIGNED AND RETURNED TO THE COMPANY PRIOR TO ANY WORK COMMENCING

In these terms and conditions, the following definitions apply -
"You" refers to any person who orders goods and services from Pen Computer Services.
"Pen Computer Services" and "the Company" refers to Pen Computer Services Limited (Company Registration number 3465587) whose registered office is at 89 Walsworth Road, Hitchin Herts and whose principal place of business is Pen House, 30 Upper Maylins, Letchworth, Hertfordshire or a Pen Computer Services authorised service provider.
"Writing" includes facsimile transmission, email and comparable means of communication, present or future.
The Company shall sell and you shall purchase goods or services in accordance with any written quotation which is accepted by you, or any written order that you give and which is accepted by the Company, subject in either case to these terms and conditions. You accept that these terms and conditions embody the complete (and sole) agreement between you and the Company. These terms and conditions shall supercede, override and exclude any and all other terms, conditions and warranties relating in any way to the goods supplied or services provided by the Company or the contract between you and the Company, including terms, conditions and warranties contained in any acceptance or purported acceptance by you of a quotation or in any order from you. [You further accept that the Company can modify these terms and conditions without prior notice to you, although any modifications will be included within the current set of terms and conditions available on screen when you log onto the Company's website.]
You accept that the Company provides goods and services through agents and associated companies that [comply with strict eligibility criteria and] comply with service standards set by the Company. The performance of these agents and associated companies is subject to regular review and appraisal by the Company.
The Company's employees or agents are not authorised to make any representations concerning the goods supplied or services provided by the Company unless confirmed in Writing by a director of the Company. In entering into a contract with the Company you acknowledge that you have not in any way whatsoever relied on any such representations which are not so confirmed. [You agree that to the extent permitted by law the express obligations and warranties by the Company contained in these terms and conditions are in lieu of and to the exclusion of any other warranty, condition, term, undertaking or representation of any kind on behalf of the Company, express or implied, statutory or otherwise, relating to anything supplied or services provided by the Company under or in connection with these terms and conditions including (without limitation) any warranty as to the condition, quality, performance, merchantability or fitness for purpose of those goods and the services provided by the Company or any part of them.]
Subject to the conditions set out below the Company warrants that goods which it supplies will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from delivery.
The above warranty and liability of the Company whatsoever relating to goods supplied shall be subject to the following conditions:
1. The Company shall be under no liability in respect of any defect in goods supplied arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow instructions of a manufacturer or the Company, misuse or alteration or repair of the goods without the prior agreement in Writing of a director of the Company.
2. The Company shall be under no liability if the total price for the goods supplied by the Company has not been paid by the due date for payment.
3. The Company shall be under no liability in respect of any defects in parts, materials or equipment not manufactured by the Company. In respect of such defect, you shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer, distributor, agent or wholesaler from whom the Company has purchased the relevant parts, materials or equipment.
Subject as expressly provided in these terms and conditions and except where goods supplied by the Company are sold to a person dealing as a consumer (within the meaning of 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.
Any claim by you which is based on any defect in the quality or condition of goods supplied by the Company or their failure to correspond with a specification shall be notified to the Company within 14 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within 14 days after discovery of the defect or failure. If you fail to notify the Company within the time limit set out in this clause:
1. You will be deemed to have waived any defect in the quality or condition of the goods supplied and any failure of the goods to correspond with specification;
2. You will not be entitled to reject the goods;
3. The Company will have no liability whatsoever for such defect or failure;
4. You will be bound to pay the price as if the goods had been delivered in accordance with the contract for the sale and purchase of the goods.
Where any valid claim in respect of any goods supplied by the Company, which is based on any defect in the quality or condition of the goods or their failure to meet specification, is notified to the Company in accordance with these terms and conditions, the Company shall be entitled to replace or repair the goods (or the part in question) free of charge or, at the Company's sole discretion, refund to you the price of the goods (or a proportionate part of the price) but the Company shall have no further liability to you. You will not be entitled to repair the goods (with a view to passing on the cost to the Company) without giving the Company a reasonable opportunity so to do in Writing.
When any claim is made by you for breach of warranty in respect of a personal computer supplied by the Company you agree to return it at your own cost to the Company's premises for inspection unless the Company has agreed in Writing to carry out inspections and repairs at your premises. [are covered by a RTB (Return to Base) warranty (onsite available on request). This warranty only applies to the goods while they remain at the address they were delivered to in the United Kingdom mainland only.]
Printers and visual display units supplied by the Company are covered by a manufacturer's warranty with administrative back up provided by the Company. You accept that if you return any printer or visual display unit direct to the manufacturer you will have to pay the carriage costs.
The Company provides maintenance services subject to the following provisions of this clause:
1. Maintenance services are provided only in respect of the equipment listed in the Schedule negotiated and agreed with you ("the Equipment") and specifically excludes all peripherals or computer add-ons unless listed in the Schedule
2. Maintenance will be carried out between 09.00 and 17.00 hours Monday to Friday excluding Bank Holidays. Maintenance requested outside the specified hours will be supplied as and when maintenance personnel are available and will be charged at our standard rates plus 50%. Details of charges are available on request.
3. The service supplied will be as follows:
  1. Emergency maintenance visits to remedy malfunction of the Equipment a charge for labour only. Replacement of unserviceable parts will be charged at an agreed price. The Company may at its discretion temporarily provide a substitute unit for any of those constituting the Equipment.
  2. All defective parts permanently removed by the Company will become the property of the Company and the replacement will become your property (except equipment on loan or rental).
  3. The Company's rate of charge covers labour only as specified in the schedule, invoice or quotation. Parts associated with normal use and fair wear and tear of the Equipment are covered if Equipment is still under manufacturer's warranty. Repairs due to any cause other than fair wear and tear and service calls due to anything other than equipment malfunction, including, without limitation, operator error, accident, interruption of electricity supply, and program error, viruses and software corruption will be charged at the Company's standard rate of charges per visit.
  4. The Company will be under no obligation to maintain the Equipment unless:-
    1. You use the Equipment correctly in accordance with the manufacturer's operating instructions and with suitable operating supplies;
    2. You promptly and regularly carry out all operator's maintenance routines;
    3. You notify the Company immediately if the Equipment needs maintenance and is not operating correctly
    4. You keep in good working condition and make available for maintenance purposes at least the item of media for each item of Equipment and as many consumable items as may be requested;
    5. You obtain the Company's consent in Writing (which shall not be unreasonably withheld) before you move, alter or add or attach anything to the Equipment'
    6. You make available at your own expense adequate working space and facilities for the Company's personnel
    7. You provide the Company with full and free access to and the use of any machine attachments, features, telephone or other equipment necessary to enable the Company to provide the maintenance service;
    8. You comply at all times with all provisions of the Offices Shops and Railway Premises Act 1963 and all other statutes and bylaws relating to health and safety regulations in so far as they relate to or affect the Equipment or the Company's personnel
    9. You ensure that the site and all environmental, electrical and other conditions are suitable for the Equipment specifications or such variations as shall have been advised by the Company prior to the signature of the Schedule
    10. You ensure that only qualified personnel operate the Equipment
4. The service cover does not include:
  1. operating supplies or accessories, painting or refinishing the equipment or the supply of materials for this purpose;
  2. electrical work external to the Equipment;
  3. accessories, attachments and additions to the Equipment made after the signature of the Schedule by the Company unless the Schedule has been altered with the Company's written consent;
  4. failure of magnetic media;
  5. consequential loss of data;
  6. print heads, print drums, fuser units and cathode ray tubes;
  7. software support (which is taken to include the back-up and/or restoration of data for whatever reason);
  8. All parts required to fix the fault;( depending on cover)
  9. All software related problems unless cover agreed and paid for;
  10. Network or cable related problems;, server reloads.
  11. Labour and call out charges for computers not covered under a monthly, quarterly or yearly agreement with the Company;
  12. All labour and call out charges for computers that have failed due to Equipment being added which has not been purchased from the Company and has caused or contributed to hardware failure;
  13. Viruses;
  14. File Server rebuilds.
  15. Computers using illegal software
5. The Contract for Service ("the Contract") will run for a minimum period of 12 months from the date of the signing of the Schedule by the Company and will continue month by month until terminated by you or the Company. To terminate the Contract, you or the Company must give to the other not less than 1 month's notice in writing, to expire on the day in the month the direct debit is (or was, if terminated) mandated to come out of your bank account. The company can terminate the contract at any time if the company feels neglect has occurred and does not have to repair the equipment.
6. The Company will charge you for their services the agreed monthly fee stated on the Schedule, invoice or quotation. The Company reserves the right to increase the amount charged by an amount proportionate to the increase if any since the date of the Schedule (or the last increase as the case may be) in the Index of Retail Prices published by the Department of Employment (January 1987 = 100) or any index substituted by the Company for that index. Submission of an invoice to you setting out particulars of any increase in charges under the provisions of this clause shall be sufficient notice of any such increase and shall be effective on the anniversary of the Contract. The Company reserves the right to make changes in its rates for visits for non-contract calls at its current standard rate which will be made known to you on request. Where Value Added Tax (hereinafter called VAT) is chargeable on the supply of goods and/or services by the Company it will be charged at the prevailing rate. Any contract service call which is due to operator error or faulty software, programming, Viruses, networking problems or faulty peripherals that are not on the equipment log will be charged at the current call-out charges.
You accept responsibility for obtaining any licence required for the installation or use of software which has not been supplied by the Company and agree to indemnify and hold harmless the Company against any damages (including costs) that may be awarded or agreed to be paid to any third party in respect of any claim or action for infringement of copyright or other intellectual property rights in respect of the installation or use of software which has not been supplied by the Company.
The total liability of the Company under or in connection with any contract for the sale and purchase of goods or services between you and the Company (arising from contract, negligence or otherwise) is limited in respect of any one event or series of connected events to the price of the goods or services or £5,000 whichever be the less. For these purposes, the price shall be the payment due for goods or in the case of services the aggregate of payments due in the period of one year immediately preceding the date of the event or the last in a series of events giving rise to the liability. However, the Company's liability to you shall not be limited for death or personal injury caused by the negligence of the Company, its employees or agents.
You agree that the Company shall not be liable or be deemed to be in breach of contract by reason of any delay in performing or failure to perform any of the Company's obligations if the delay or failure was due to any cause beyond the Company's reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond the Company's reasonable control: accident, industrial dispute, breakdown or the non-availability of spare parts sickness of staff , Weather conditions,
Except in respect of death or personal injury caused by the Company's negligence, the Company shall not be liable to you by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of the contract between you and Company, for any indirect, special or consequential loss or damage (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 or agents or otherwise) which arise out of or in connection with the supply of goods to you or their use or resale or in the provision of services to you.
You agree to refer to arbitration by a single arbitrator any dispute, difference or question that arises between you and the Company about the construction of these terms and conditions or about any act, matter or thing arising out of them or in any way connected them. If you and the Company cannot agree on an arbitrator, either you or the Company may ask the President for the time being of the Institute of Electrical Engineers to appoint one. The arbitration shall be in accordance with Arbitration Acts for the time being in force.
You must pay all invoices due to the Company in full, without deduction or set off 1 month in advance for services and [by return] within 7 days for any parts supplied [used] or within 7 days of receipt of invoice. If you do not pay any invoice by the due date the Company reserves the right to refuse to service any equipment or to supply any goods to you, and may take such action as it considers appropriate to recover the amounts outstanding from you. Where an invoice is overdue, you agree to pay to the Company on demand:
1. the costs of recovery in full; and
2. interest on the outstanding invoice at the rate of 5 percentage points above the base rate of Lloyds TSB Bank Plc from time to time in force for every day by which the payment due from you is overdue and remains unpaid;
3. Contracts given to customers of the Company cannot be contacted direct without the authorisation of the Company. Dealings with the Company's customers can result in legal action.
Where Value Added Tax (VAT) is chargeable on the supply of goods and/or services by the Company it will be charged at the rate prevailing at the date of the invoice.