1.1. “Company” means DMR IT Consultancy Limited, 3 MacCallum Place, Stornoway, Isle of Lewis HS1 2JT. Registered in Scotland SC436345.
1.2. “The Customer” shall mean the person, firm or organisation with whom the Company contracts.
1.3. “Contract” means the contract made or to be made between the Company and the Customer subject to these Conditions.
1.4. “Goods” means the articles or things or services, which are the subject matter of the Contract.
1.5. “Quotation” means a formal statement setting out the estimated cost Goods or Services provided by the Company.
1.6. “Price” means the price (exclusive of Value Added Tax) in Pounds Sterling, shall be the quoted price of the Goods or Services by the Company.
2. PRICE AND PAYMENT
2.1. Payment of the Price shall be made by the Customer to the Company within 14 days of the date of the invoice for the goods or services.
2.2. All goods required to complete the service as per the Quotation, with a value equal to, or greater than, £500 (inc-VAT) shall be paid for by the Customer in full on receipt of the Goods by the Company.
2.3. All labour required to complete the service as per the Quotation will be invoiced, in full, on completion of the service by the Company.
2.4. BACS details are:
2.4.1. Bank Name: Royal Bank of Scotland
2.4.2. Bank Branch: Stornoway, Isle of Lewis
2.4.3. Bank Sort Code: 83 27 12
2.4.4. Bank Account Number: 10742128
2.5. If the Price is not paid by the due date, interest shall accrue both before and after judgement on the unpaid portion of the price at the rate of 4% above the Bank of England base lending rate.
3. GOODS AND SERVICES
The description and quantity of the Goods and Services to be sold shall be as set out in the quotation provided by the Company to the Customer (the “Quotation”).
4. QUOTATIONS A Quotation is a formal statement setting out the estimated cost for Goods or Services provided by the Company and is valid for seven (7) days from date of quotation.
5. RETENTION OF TITLE
This provision shall apply to all Goods/Services supplied to the Customer:
5.1. The Company shall retain title to the Goods until it has received payment in full of all sums due in connection with the supply of all Goods and services to the Customer at any time. For these purposes the Company has only received payment when irrevocably credited to its bank account.
5.2. If any Goods owned by the Company are attached to, mixed with, or incorporated into other Goods not owned by the Company, and are not identifiable or separable from the resulting composite or mixed goods, title to the resulting composite or mixed goods shall vest with the Company and shall be retained by the Company for as long as and on the same terms on which it would have retained title to the Goods in question.
5.3. The Customer shall store goods owned by the Company in such a way that they are clearly identifiable as the Company’s property, shall maintain records of such Goods identifying them as the Company’s property, of the persons to whom it sells or disposes of such Goods and of the payment made by such person for such Goods. The Customer will allow the Company to inspect these records and the Goods themselves on request. All goods supplied by the Company in the Customer’s possession shall be presumed to belong to the Company (unless the Customer can prove otherwise).
5.4. The Company shall be entitled to trace the proceeds of sale and any insurance proceeds received in respect of Goods owned by the Company immediately prior to their sale. Such proceeds shall be held by the Customer on trust for the Company.
5.5. If the Customer fails to make any payment to the Company when due, enters into bankruptcy, liquidation or receivership or a composition with its creditors, has a receiver, administrator, or manager appointed over all or part of its assets, or becomes insolvent, or ceases to trade or if the Company has reasonable cause to believe that any of these events is likely to occur, the Company shall have the right without prejudice to any other remedies:
5.5.1. to enter without prior notice any premises where Goods owned by the Company may be, and to repossess and dispose of any Goods owned by the Company so as to discharge any sums owed to the Company by the Customer;
5.5.2. to require the Customer not to resell or part with possession of any Goods owned by the Company until the Customer has paid in full all sums owed by it to the Company;
5.5.3. to withhold delivery of any undelivered Goods and stop any Goods in transit.
Notwithstanding that property in the Goods has not passed under Clause 6 hereof, the risk of loss, damage or destruction to the Goods shall pass to the Customer on delivery.
The Company shall deliver the Goods to the Customer at the address of the Customer as shown on the Quotation on the delivery date shown on said Quotation. Time shall not be of the essence for delivery.
The Customer shall be deemed to have accepted the Goods if they have not been rejected on or before the 7th day after delivery. The Customer shall not be entitled to reject the goods in whole or in part after such date.
9. DATA PROTECTION ACT (for unincorporated Customers)
The Company may transfer information about the Customer to our Financiers, who:
9.1. may store and process information about the Customer on their computers, the computers of any associated company used by them and in any other way; information will be used by them for credit or financial assessments, making payments, recovering monies, training, preparing statistics, preventing bad debts, fraud and money laundering;
9.2. from time to time, may make searches of the Customer’s records at their credit reference agencies and other enquiries in accordance with their normal procedures; the Customer’s records with such agencies include searches made and information given by other businesses; details of their searches will be kept by such agencies;
9.3. may give information about the Customer and their indebtedness to any associated company of theirs (so that they may make credit or financial decisions and for statistical analysis), to any guarantor or indemnifier of the Customer (so they can assess or enforce such obligations), to bankers or advisers acting on their behalf (so they can carry out their services), to any business to whom the Customer’s indebtedness may be transferred (to facilitate such a transfer) and to their credit reference and fraud prevention agencies (to give out information and assessments to other subscribers for credit and lending decisions, preventing bad debts, fraud and money laundering);
9.4. may monitor and/or record telephone conversations between them and the Customer for training or security purposes;
9.5. may make decisions about the Customer solely using an automated decision making process such as credit scoring, however they will tell the Company if they make a significant decision only using such a process and the Company will advise the Customer so that the Customer can request a review of the decision by them using other means.
9.6. The Company will provide details of its Financiers on request, including a contact telephone number should the Customer want to have details of the credit reference agencies and other third parties referred to above from whom the Company obtains and to whom the Company may give information about the Customer. The Customer has a legal right to these details. The Customer may also obtain a copy of the information held by these parties about them if an application is made in writing; however, a fee will be payable for this function.
10. LIMITATION OF LIABILITY
10.1. Save in respect of personal injury or death due to the negligence of the Company, the company shall not be liable to the Customer in respect of any loss suffered by the Customer due to any defect in the goods.
10.2. Without prejudice to Condition 9.1, the company shall not be liable to the customer or any third party for any loss of profit, consequential or other economic loss suffered by the customer arising in any way from this agreement.
10.3. Save in respect of personal injury or death due to the negligence of the Company, the liability of the Company under these conditions shall not exceed the price.
11.1. If any term or provision of these conditions is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11.2. The Company may, without the consent of the Customer, sub-licence its rights or obligations or any part of these conditions.
11.3. The headings in these conditions are for ease of reference only and shall not affect the interpretation of any of these conditions.
11.4. Under the Wireless Telegraphy Act 1967 we are legally obliged to notify the TV Licensing body when we sell TV Receiving equipment.
12. ENTIRE CONTRACT
Each of the parties agrees that, save in respect of statements made fraudulently, it shall have no remedy in respect of any untrue statement upon which it relied in entering into this contract and that its only remedies shall be for breach of contract.
13. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be subject to and construed in accordance with the Law of Scotland. If any provision is declared void or unenforceable by a court of competent jurisdiction with respect to particular circumstances, such provision shall remain in full force and effect in all other circumstance. If any provision is declared entirely void or unenforceable by a court of competent jurisdiction all other provisions of these Terms and Conditions shall remain in full force and effect.
14. CUSTOMERS’ RIGHTS
Nothing in these conditions shall affect the statutory rights of the Customer.