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Terms and Conditions. 1. Interpretation : 1.1. In these conditions : "BUYER" means the person or Company who accepts a quotation of the Seller for the Sale of the Goods or who is placing an order to the Seller based on the Seller's public offer or quotation. " GOODS" means any software or other products ( including any installment of the Goods or any parts fro them) which the Seller is to supply in accordance with these Terms and Conditions. " SELLER" means Host 1 4 u Trading as Microwyse. " CONDITIONS" means the standard Terms and Conditions of sale set out in this document and (unless the context otherwise requires) including any special Terms and Conditions agreed in writing between the buyer and the Seller. " CONTRACT" means the contract for the purchase and sale of the Goods. " WRITING" includes telex, cable, facsimilie transmission, E-Mail and comparable means of Communication. 1.2 Any reference in these Terms and Conditions to any provision of a stature shall be construed as a reference to that provision as amended, reenacted or extended at the relevant time. 1.3 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation. 2. Basis of the Sale 2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written quotation or any public offer made by the Seller, or any order made by the Buyer in accordance with the Seller's offer or quotation. 2.2 No variation to these Terms and Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller. 2.3 The Seller's employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into the contract the Buyer acknowledges that it does not rely on such representations which are not so confirmed. 2.4 Any typrographical, clerical or other error, omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller. 3.O rders and specifications 3.1 The Buyer expressly acknowledges that all Content suplied for inclusion on or within the site "Host 1 4 u" is the sole reposabilty of The Buyer Any typrographical, clerical or other error, omission in any material is the responsablity of the Buyer. Any Material deemed unsutable due to moral ,ethical, Legal or just reasons of bad taste, will be edited from the content at the descresion of the Seller. 3.2 The onis for maitaining the pages or site or part thereof including backup copies of web related matirial will be the responsibility of the Seller, However no garrenty can be made as to how current the backups held. 3.3 No information whatsoever will be passed on to any other Company or organistion about the clients on the database unless forced by writen legal warrent. 4. Price of the Goods 4.1 The price of the Goods shall be the Seller's quoted price. All prices shown in the Seller's catalogue, advertising and price lists are subject to changes without notice. 4.2 The Goods shall be invoiced at prices effective at time of delivery. All quotations are for acceptance within the same day, failing which the Seller reserves the right to withdraw the offer anytime thereafter. 4.3 The Seller sells to trade only. All prices quoted are exclusive of any applicable Value Added Tax. All UK and EU residents hall be additionally liable to pay VAT to the Seller. 5. Terms of payment. 5.1 No cash payment is acceptable. Payment must be made either by credit card or cheque. 5.2 For Buyers who are granted credit facilities, payment is Fourteen (14) days from the date of invoice and such credit facilities may be withdrawn at the sole discretion of the Seller at any time. 5.3 The Seller reserves the right to charge interest on any overdue payment. 6. Delivery & Warranty 6.1 All sales are made on an ex-work basis. The risk of safe delivery is the risk to the buyer, be it that the delivery was arranged by the Seller or arranged on behalf of the Buyer. However, the legal and beneficial titles of the Goods remain with the Seller until cleared funds payment is made in full. 6.2 For evidence purposes, the Buyer must inspect the Goods and record all marks and details (i.e. serial no, type, title etc) of Goods upon receipt. They shall within Three(3) days upon receipt of the Goods, notify the Seller in writing of any alleged problem with the Goods, quoting all relevant serial numbers, types, titles etc. 6.3 The Seller is only responsible for Goods sold by the Seller. The Seller's liability under any circumstances is limited to the cost of the Goods and delivery cost. All returns must conform to the return procedure prescribed by the Seller and with the proper RMA number. Refunds will only be made upon the receipt of returned goods with the proper RMA number and correct packing. The responsibility for safe return rests with the Buyer. 7. Exclusion Clause The Seller is a trading company buying and selling software, products, Web Space and advertising on an " as is, where is" basis, both locally and abroad all efforts will be made to maintain high standard of service at all times. Due to the nature of the internet no liability can be taken for "Down time" where services are interupted for any leanth of time. 8.General 8.1 No waivers by the Seller of any breach of the contract by the Buyer shall be considered as waivers of any subsequent breach of the same or any other provision. 8.2 Each party acknowledges that, in entering into this Agreement, it does not do so on the basis of or rely on any representation, warranty or other provision except as expressly provided in this Agreement, and accordingly conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law. 8.3 If any provision of the Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Conditions and the remainder of the provision in question shall not be affected. 8.4 This Agreement shall be governed by and constructed in all respects in accordance with the alws of England, and the Buyer agrees to submit to the non-exclusive jurisdiction of the English Court. 8.5 For any Goods delivered that are not in accordance with the Buyer's exact description as stated in the Buyer's order, the Buyer has the right to return the goods to the Seller at any time within Fourteen (14) days upon receipt for full refund. Failure to return the goods with different description to the Seller within the prescribed Fourteen (14) days will mean that the Buyer has accepted the Goods as per the invoice/delivery note in fulfillment of the Buyer's order. |
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