Agenda Computers Ltd (T/A Energy Billing)Terms and Conditions
as at
1st December 2003
General
All orders placed with Agenda Computers Ltd \ Energy Billing and your use of the software provided by the Company are subject to the following terms and conditions. Please read these carefully before either entering into a contract with Agenda for the sale of goods or installing and using any software provided. If you do not wish to be bound by these terms and conditions, please remove the installation of the software and return the product in good condition to Agenda Computers, together with all of the relevant packaging and user manuals.
These terms and conditions cannot be varied or modified without the written consent of Agenda Computers.
Orders and Delivery
All orders placed with Agenda Computers Ltd \ Energy Billing should be made in writing, clearly stating the quantity and type of product along with your suggested delivery date. In the small number of cases where Agenda agree to accept an order placed by telephone, this order should be confirmed in writing and the Company does not accept responsibility in such cases, where deliveries are duplicated.
The Company will endeavour to ensure that the products are delivered on the specified date, although these dates are only given in good faith and are only estimated delivery times. They do not signify a contractual agreement to deliver the goods on this specified date. Agenda Computers will not be liable to the customer for any loss, wither direct or consequential, where the Company fails to meet the agreed delivery date.
The risk will pass to the client at the date the product is dispatched by Agenda Computers and the Company accepts no liability for any loss or damage caused by the carrier.
Cancellation
Should the client wish to cancel any order placed with Agenda Computers Ltd \ Energy Billing , this should be done in writing at least 7 days prior to the date of delivery. Please note that there will be a 20% restocking charge for all cancellations.
Prices and Payment
All prices quoted by Agenda Computers Ltd \ Energy Billing are those applicable on the date of the client’s inquiry and are subject to change without notice. The prices quoted are exclusive of V.A.T, which is chargeable at the rate of V.A.T in force on the date of dispatch. Prices are also exclusive of delivery charges.
Payment for any hardware or software supplied by the Company should be made by cheque on delivery of the product. For any training given by Agenda Computers, payment should be received by the Company on or before the day of training. For all other products, payment should be received no later than 30 days after the date of delivery.
The Company reserves the right to charge interest at a rate of the current bank base rate plus 10% for any late payments.
Returns
In order to return a product supplied by Agenda Computers Ltd \ Energy Billing , the client should receive a RMA number (return merchandise authorisation number), and the goods should be returned along with the invoice and delivery note.
Software.
Any software supplied by Agenda Computers Ltd \ Energy Billing is subject to the following licence. The Company retains all intellectual property rights associated with the software provided and failure to enforce these rights should not be regarded as a waiver of them. This is a non-exclusive licence and is personal to the client. It may not be sub-licensed, sold or assigned.
The client is licensed to do the following:
- Load and use the program with a single PC or with a network, if it is a network version.
Make a back-up copy of the software, clearly labelling this as a back-up copy
-Transfer the software to another computer owned by the client, as long as the software is only installed in one computer at any one time.
The client may not:
- sub-licence or seek to transfer the ownership of the software
- rent, loan, lease, sell, distribute or deal in the software provided or any of the component parts of that software
- alter, modify, translate, adapt any component part of the software or the software itself. The client is also not permitted to disassemble or reverse engineer the software.
- copy the software or any component part.
In the event of the client not paying the appropriate licence fee the software should be removed from the PC and returned, complete with its packaging and user manuals, along with any authorised copies which have been made.
Agenda Computers Ltd \ Energy Billing may terminate this licence at its discretion. Should this occur, the software should be removed from the PC and returned, complete with its packaging and user manuals, along with any authorised copies which have been made.
Warranty
The warranty for any hardware or software supplied by Agenda Computers Ltd \ Energy Billing remains with the manufacturer.
Any programs written and supplied by Agenda Computers, if used correctly, should function according to the description in the accompanying user manual. The warranty runs from the date of registration for 1 year.
The Company advises all clients to back-up any products supplied by them immediately on receipt, and accepts no liability for any loss, either direct or consequential arising from the failure to do so. It is the client’s responsibility to ensure that they can restore their data and they are solely responsible for the use of all products supplied by the Company.
Limitation of Liability
Agenda Computers Ltd \ Energy Billing will not be liable for any loss arising under contract, tort or otherwise, which is attributable to any product supplied by them. Their liability is limited to the value of the goods and does not include any consequential loss, irrespective of its cause. The Company does not limit or exclude its liability for death or personal injury resulting from any negligence on their behalf. The client is responsible to verify that there are no viruses on the disks supplied to them and the Company will not be liable for any loss or damage resulting from viruses on hardware or software.
Agenda Computers Ltd \ Energy Billing will not be liable for any loss or damage resulting from any delay or failure outside their reasonable control.
The aforementioned terms and conditions are subject to English law and any dispute will fall under the jurisdiction of the English legal system.
Ends