Terms & Conditions

All customers agree to be bound by terms and conditions of service set below upon usage of any services offered by The Computer Engineers and its associate partners as defined herein.

 

Definitions and Interpretation.

 

In these terms and conditions the following words have the meanings given;

“You”, “your” means the customer. “We”, “us”, “our” means The Computer Engineers and all of its associates.

 

Working Day- means any day other than, Saturday and Sunday or a public or bank holiday in England, Wales, Scotland or Ireland.

 

Contract- A agreement for the purchase by you of products and/or services from us incorporating these terms and conditions and arising from the acceptance by us of an order.

 

Customer- The person or business ordering product(s) and/or services.

 

Default- Any breach by either party of its obligations under a contract. Default of agreement, act, omission, negligence or statement by either party, its employees, agents or sub-contractors arising out of or in connection with a contract and in respect of which either party may be liable.

 

The Computer Engineers- The trading name of us, our associate partners, and any sub-contractor who may be appointed by us to provide services to you.

 

Intellectual Property Rights- Copyright, patent, trademark, service marks, registered designs, sui generis rights, confidential information, trade or business names or other similar rights together with applications for any of the foregoing.

 

Licence Agreement- Any licence agreement relating to use of the software and products. Order- Any written or verbal order for products, services or both, received by us from you.

 

Services- Any configuration or installation service provided by us as sub-contractor for you and end-users in conjunction with the supply of products.

 

Software- Any computer software supplied by us in any format and held on any medium.

 

Confidential Information- All information of whatsoever nature whether oral, written or in any form containing or consisting of material of a technical, operational, administrative, economic, marketing, planning, business, financial, intellectual property of any kind.

 

Delivery Address- The address for delivery of the product and/or services as stated on the order.

 

Price- The price payable for the products and/or services as specified in the order and payable in accordance with the terms of this agreement.

 

Products and/or Services- Such as, products, services, or both, to be sold by us to you.

 

Specifications- Any plans, drawings, data or other information relating to the products.

 

On-site- Any services delivered at the customer’s premises.

 

Remote Assistance- An encrypted connection from us to you through the internet, LAN or WAN.

 

Workshop Repair- Any services delivered on our premises or an associated partner premises.

 

Data Recovery- Any attempt to recover, salvage or retrieve data from any computer storage media such as hard disks, floppy disks, USB disks, flash drives or any other computer equipment or media.

 

Data Destruction- Any attempt to destroy data to an un-recoverable state.

 

LAN & WAN- Local area network, wireless area network.

 

All other words and expressions are to be given their normal English meaning taken from the Oxford English Dictionary.

Any reference to a clause shall mean a clause of these terms and conditions unless otherwise stated.

The use of headings in these terms and conditions shall be for convenience only and shall not affect the interpretation of these terms and conditions.

 

1. Contract Formation.

 

1.1 All Orders submitted by you to us and accepted by us shall be subject to these following terms and conditions which shall form part of and govern any contract.

 

1.2 Use of any service or receiving any estimate or quotation for any products and/or services by the you, issued by us, verbally or in writing including email and SMS, will be deemed acceptance of these terms and conditions.

 

2. Pricing.

 

2.1 All prices for products and/or services stated in any quote, estimate or order are those current at the time.

 

2.2 All quoted prices are exclusive of shipping/transport unless otherwise stated. Shipping/transport will be added to the agreed price if applicable. Cost of parts required to carry out a successful repair will be extra and are not included in the labour charge. A minimum standard charge for 1 hour applies to any on-site visit within the stated coverage area. Additional travel time may be added and price stated at time of booking. If the on-site visit takes longer than 1 hour, you will be charged by the minute for the extra time. An estimation for the total amount of time from the information supplied by you can be given to you at the time of booking.

 

3. Payment.

 

3.1 Payment for parts and services must be made by credit/debit card or cash prior or upon the delivery of the services by us.

 

3.2 You agree that payment for services and shipping is non-refundable and parts or equipment fitted and/or supplied will be replaced/repaired if found faulty and/or covered by the manufacturer’s warranty.

 

3.3 You will pay for any products or services on a ‘pay with order’ basis in which case if paying by cheque or bacs, you should allow at least four working days for the payment to reach our bank account. We reserve the right not to release any products or provide any services until all such payments are cleared and credited to our bank account.

 

3.4 Where credit terms are granted, and unless other terms are granted in writing, you will pay no later than 7 days following the date of our invoice and we reserve the right to suspend deliveries where payment is delayed.

 

3.5 If any payments are overdue you may be placed on credit hold and no further products or services will be delivered or made available to you until all payments due to us under the contract have been paid. We may at our discretion, withdraw credit facilities in the event of any breach of this contract by you.

 

3.6 If payment is not received by the relevant due date we may; Charge you interest daily on any overdue amount from the due date of payment, to the date of payment clearing to our bank account, (both dates inclusive). Interest will be charged at 10% above the Bank Of England base rate.

 

3.7 All payments made by you to us are to be in pounds sterling unless arranged otherwise.

 

3.8 You agree to make all payments due under the contract irrespective of any dispute or claim you may have with us or against any third party.

 

4. Warranties.

 

4.1 We, to the extent that it is permitted to do so, assign the benefit of any guarantee or warranty covering any defects in products received by us under an agreement with the manufacturer or supplier of the relevant product. Unless it is clearly stated that we offer any warranties with the product/service you order.

 

4.2 The warranty service provided by us or the manufacturer and any validation procedures relating to that warranty service are the responsibility of you.

 

4.3 We may, subject to product and/or service, offer support or maintenance services with respect to products or services. The warranty of the manufacturer or supplier is in lieu of all other terms or conditions whether express or implied concerning the quality or fitness for purpose of products and all such other terms and conditions are hereby excluded.

 

4a. Returns.

 

4a.1 For all details of the Supplier´s returns policy and procedures please click the link below:
http://www.thecomputerengineers.co.uk/return-policy/info_11.html

 

4a.2 In particular, please note that any items returned to us which you claim to be faulty or incomplete are checked and verified by our technicians. Any returned items that are found not to be faulty or incomplete will be returned to you and we shall be entitled to charge you for the return carriage costs via your original payment method. In the event that your credit card has expired, or is declined we will hold the item(s) until full payment has been made for the return carriage.
 

4a.3 Any items that you return to us are at your own risk, therefore we strongly advise all our customers to take reasonable care when returning any items to us for example, by ensuring the goods are correctly addressed, adequately packaged, and carried by a reputable carrier.

 

5. Terms of Service.

 

5.1 We will make every possible effort to preserve your data, however, we make no guarantee that data will be intact after the computer(s) have been repaired and tested. You agree not to hold us responsible for any loss or damage to data as a result of repairs, upgrades or any other services carried out on your computer(s) or network.

 

5.2 No-fix no-fee policy applies to on-site and workshop repairs if the engineer is technically unable to resolve the reported problem. If we cannot fix the problem due to external factors such as faulty equipment and/or no internet service, lack of original disks and drivers and/or by replacement of a faulty part or parts and you do not agree to the replacement of the faulty part, you are liable to pay the minimum standard charge agreed at the time of booking. If at least one of the original problems reported by you is fixed by us, you are liable to pay the full price agreed at the time of booking.

 

5.3 If we are unable to repair the computer(s) due to non-supply of parts by manufacturers or suppliers, i.e.; computer is too old to obtain replacement parts, or a replacement part shortage, a diagnostic fee may apply to any computer(s) under repair. The diagnostics fee will cover the time spent on fault diagnosis and re-assembly of the computer(s) and cost of collection and return of the computer(s) if applicable. The return of your computer(s) will be subject to prior payment of diagnostics fee and shipping if applicable. We may waive the diagnostics fee at our discretion.

 

5.4 If your computer develops a new/independent fault in the course of us carrying out work on, off-site or remotly you agree not to hold us responsible for the fault. However, we will do our best to remedy the problem while working with the computer. If parts are required, the price for part(s) will be charge accordingly.

 

5.5 Remote Assistance. Due to limitations to the ablity to repair remotely, no-fix no-fee policy will not apply. All connections are encrypted through secure host servers and all efforts are made to maintain the security of the connection. You agree not to hold us responsible for any loss or data and you agree that you are responsible for the security and integrity of your computer and internet connection and/or LAN, WAN.

 

5.6 All computers repaired by us in our workshops are checked for viruses and are free from viruses before delivery to the customer. We are not responsible for any virus infections that occur after the customer has received the computer(s). We will remove virus(es) for an applicable charge.

 

5.7 Your computer(s) once repaired or declared irreparable, must be collected, or authorized for shipping (for pre-pay postal repairs only) within 10 days from the time you are informed. If you fail to collect the repaired or un-repaired computer, or you are unreachable. We reserve the right to charge the you for storage at a rate of £3 a day until the passage of a maximum of 6 weeks. At which point the computer will be recycled for parts and the customer will lose ownership of the computer.

 

5.8 Where you require us to carry out any configuration or installation services either for you and /or the end-user, we shall do so as sub-contractor to you and this agreement and the terms contained herein shall constitute the sub-contract.

 

5.9 We will use all reasonable effort to provide computer services in accordance with the terms of the contract and will ensure that all services are provided with reasonable care and skill and by suitably trained persons.

 

6. Liability.

 

6.1 We shall not be liable for any claims regarding the physical functioning of the equipment/media or the condition or existence of data stored on the equipment/media supplied before, during or after service. In no event will we be liable for any loss of data or loss of revenue and/or profits, before, during or after service. Including, if we have been advised of the possibility of damage or loss to persons or property.

 

6.2 Our liability of any kind with respect to the services, including any negligence or delay in delivery of service on its part. Shall be limited to the quoted price.

 

6.3 You must be aware of risk of damage to media or equipment that is involved when undergoing data recovery or computer repairs, including without limitation, risks due to destruction or damage to the media or equipment and/or data stored and inability to recover data, or inaccurate or incomplete data recovery, including those that may result from the negligence by us. You agree not to hold us responsible for any damage or loss of equipment, media or data loss. In case of damage or loss to the original media or equipment, our liability limits to providing the customer with similar media or equipment of comparable price, capacity or capability. In cases of data destruction that has been completed by us using a third party equipment/software (to that equipment/software supplied instructions), if destroyed data becomes recoverable, any liability are solely the responsibility of equipment/software’s creators.

 

6.4 The maximum liability of us to you, whether in contract or otherwise, for any direct loss or damage including to tangible property suffered by you as a result of any default of us shall be limited in aggregate to the lesser of £1000 or an amount equal to the sums paid by the you under contract during the preceding 12 months.

 

6.5 We shall not be liable to you whether in contract or otherwise and even if foreseeable by us: Any loss of profits, business, revenue, goodwill or anticipated savings, whether sustained by you or any other person. Or any special, indirect, or consequential loss whether sustained by you or any other person.

 

6.6 Any advice or recommendations given to you by us or our agents as to storage, application, use or preference of the goods which is not confirmed in writing by us, is followed or acted upon entirely at your own risk and accordingly we shall not be liable for any such advice or recommendation which is not so confirmed. While we will make every effort to preserve the integrity of any equipment under repair, you agree not to hold us responsible for any accidental damages to the equipment in its possession including but not limited to surface scratches, deformations and cracks.

 

7. Intellectual Property Rights.

 

7.1 All Intellectual Property Rights in or relation to our website, products, including any manuals and operating documentation relating to, or in any materials (including Software) created by us during the course of providing the service shall be held by us or our suppliers as the case may be and you shall have no title to or interest in any such Intellectual Property Rights except in arrangement specifically agreed by The Computer Engineers.

 

7.2 You will notify us immediately if you become aware of any illegal or unauthorised use, copying or distribution of any information, products or any of the Intellectual Property Rights in the products and will assist us and/or our suppliers in taking all steps necessary to defend the owners' rights.

 

7.3 You undertake to ensure that any software which is sold to end-users or any other third party will be accompanied by any licence agreement relating to that software and any other documentation which we or our suppliers may require.

 

8. Confidentiality.

 

Each party shall treat as confidential all information obtained from the other which is specifically designated as confidential or proprietary and shall not divulge such information to any person (except to such party's own employees and then only to those employees who need to know the same) without the other party's prior written consent.

 

9. Variations.

 

We reserve the right to modify these terms and conditions. Any modifications will apply on the effective date and to the specified services and products provided by us.

 

10. Law.

 

All Contracts shall be governed by, and construed in accordance with, English law.

 

11. Waiver.

 

The waiver by either party of a breach or default of any of the provisions in this agreement by either party shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on the part of either party to exercise itself of any right it has, or may have hereunder operates as a waiver of any breach or default by either party.