1. DEFINITIONS “Company” means Computer Aided Business Systems Limited. Also known as C.A.B.S Limited. “Goods” means the articles described in the contract. “Buyer” means the person, firm or company with whom the contract is made by the company whether directly or indirectly. “Company’s Premises” means Eight Forum Place, Fiddlebridge Lane, Hatfield, Hertfordshire, AL10 0RN
2. GENERAL These conditions shall be deemed to be incorporated in all contracts of the company to sell goods and in the case of any inconsistency with any order, letter or form of contract sent by the buyer to the company, the provisions of these conditions shall prevail unless expressly varied in writing and signed by a director of the company.
3. PRICES The price payable for goods shall, unless otherwise stated by the company in writing and agreed, be the list price of the company current at the date of dispatch and in the case of an order for delivery by installments the price payable for each installment shall be the list price current at the date of dispatch of such installment, unless expressly stated to be firm for a period. Unless otherwise expressly stated to be firm for a period the company’s prices are subject to variation without notice. All prices are exclusive of carriage and Value Added Tax at the prevailing rate.
4. TERMS OF PAYMENT Unless otherwise agreed by the company in writing payment shall be due in advance of delivery or by the due date shown on the invoice and in any case not later than 28 days from the date of dispatch of the goods. The price of the goods shall be due in full and the buyer shall not be entitled to exercise any set off, lien or any other similar right or claim. Without prejudice to any other rights that it may have, the company is entitled to charge interest at 10% per month on overdue accounts. Late payment charges and all other fees will also be charged to overdue accounts.
5. FINANCE/LEASING AGREEMENTS The Terms and Conditions of Trading stand at the time a purchase order is accepted and fulfilled by CABS Limited. Payment is required no later than 28 Days from the invoice date (where a valid credit account is in place) by the original ordering party (the buyer). Therefore Finance/Leasing arrangements MUST be made PRIOR to placing any orders with CABS Limited. In the absence of a credit account, payment is required in advance, with the order or by agreement with CABS Limited’s Directors in writing. Breach of these terms will incur administrative charges payable by the buyer of 5% of the total invoice value, plus any restocking fees, interest, on-site services and charges or £ 295.00 whichever is the greater. Contractual agreements made with third parties on the buyer’s behalf may be cancelled; goods withheld or returned until such a time the financial arrangements have been clarified.
6. DELIVERY All times and dates given for delivery of the goods are given in good faith but without any responsibility on the part of the company. Time of delivery shall not be the essence of any contract nor shall the company be under any liability for any delay beyond the company’s control. No liability for non delivery, loss off, or damage to the goods occurring prior to delivery will attach to the company unless claims are notified in writing to the company within 2 days of delivery or within 10 days of notification of dispatch in the case of non delivery.
7. RETURNS Goods cannot be returned without the company’s prior written authorisation. Authorised returns shall be sent to the company’s premises at the buyers’ expense. In some instances, a "restocking administration fee" may be charged at a rate of 5% of the total goods value or £ 50.00 whichever is the greater.
8. CANCELLATION Contracts may not be cancelled except by agreement in writing of both parties and upon the payment to the company an amount necessary to indemnify the company against all loss resulting from cancellation.
9. PASSING OF TITLE AND RISK From the time of delivery, the goods shall be at the risk of the buyer who shall be solely responsible for their custody and maintenance. The goods shall remain the property of the company until all payments have been made in full and unconditionally. The buyer shall keep the goods identifiable from all other goods in its possession until payment has been made in full. In the event of any resale by the buyer of the goods, the beneficial entitlement of the company shall attach to the proceeds of sale so that such proceeds or any claim shall be assigned to the company. In the event of failure to pay, the company shall have the power to resell the goods, such power being additional to any other power of sale arising by operation of law or implication or otherwise and for such purpose the company and its servants and agents may forthwith enter upon any premises or land occupied or owned by the buyer to remove the goods. Pending payment in full the buyer shall at all times keep the goods comprehensively insured against loss or damage, by accident, fire, theft and other usual risks at his own expense.
10. CONSEQUENTIAL LOSS The company shall not be liable for any costs claims or damages or expenses arising out of any tortuous act or omission or any breach of contract or statutory duty calculated by references to profit, profits income production or accruals or loss of such profits income production or accruals or by reference to accrual of such costs, claims, damages or expenses on a time basis.
11. DEFAULT OR INSOLVENCY OF BUYER If the buyer shall be in breach of any of its obligations under the contract or if any distress or execution should be levied on the buyers property or assets or if the buyer shall make or offer to make any arrangement or composition with his creditors or commit any act of bankruptcy or if any bankruptcy petition be presented against him or if any resolution or petition to wind up such company shall be passed or presented or if a receiver of the whole or any part of such company’s undertaking property or assets shall be appointed , the company in its discretion and without prejudice to any other right or claim may , by notice in writing , determine wholly or in part any and every contract between the company and the buyer or by notice in writing suspend further deliveries of goods until any defaults by the buyer be remedied.
12. LIMITATION OF LIABILITY The liability of the company to the buyer for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances exceed the price of the goods.
13. FORCE MAJEURE The company shall be entitled to delay or cancel delivery or reduce the amount delivered if it is prevented from, or hindered in, or delayed in manufacturing, obtaining or delivering the goods through any and all circumstances beyond its control.
14. PROPER LAW The contract shall in all respects be governed by English Law and shall be deemed to have been made in England and the buyer and the company agrees to submit to the non-exclusive jurisdiction of the English courts.
15. SOFTWARE THEFT The company are members of FAST (Federation against Software Theft) This specifically covers the illegal use of licensed software. Any verbal communication, admission or on-site visit that indicates the illegal use of licensed software will be reported to the Federation without further reference. Documentation can be provided on request.
16. UNAUTHORISED TAMPERING In all cases where the service has been paid for, the Company will install, test and demonstrate all equipment and software and provide the buyer with a checklist, which will be signed on satisfaction. Once it has been established that alterations have been made to the original installation, unassisted by the company, by way of additional hardware, software, configuration changes, moving hardware to different locations, any subsequent call out is chargeable at the current rate.
TRAINING BOOKING TERMS AND CONDITIONS
1. BOOKING We require that you supply a valid purchase order number, and will invoice your organisation at the billing address you give. If you do not have an account with Computer Aided Business Systems Ltd, payment will be due prior to attending the course.
By submitting the booking form you are liable for the course fees - places cannot be provisionally held or reserved via the booking form.
Refunds for cancellations are given at the discretion of Computer Aided Business Systems Ltd. If you cancel with less than seven days notice you will receive no refund. If you cancel before within twenty one days you may transfer your place to another course.
Computer Aided Business Systems Ltd reserves the right to cancel workshops/training courses if absolutely necessary, but will endeavour to inform you as soon as possible in any such instance.
SUPERCEDES ANY TERMS AND CONDITIONS PRIOR TO 1ST DECEMBER 2000
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