Terms and Conditions
OFFTEK LTD Terms and Conditions of Sale
These terms and conditions govern your use of our website. By using our website you accept these terms and conditions in full. You must not use our website if you disagree with any part of these terms and conditions.
1.1 "O.T." means Offtek Ltd and any associated or subsidiary Companies.
1.2 "Customer" means the other party to this agreement.
1.3 "Products" means the goods or services to be provided by O.T. to the Customer.
2.1 A contract in respect of products between O.T. and the customer shall not exist until the customers order has been accepted by O.T. in accordance with the terms and conditions herein.
2.2 The terms and conditions herein shall not be deemed to have been altered, modified or varied unless expressly agreed to in writing by an authorised representative of O.T.
3.1 Delivery times quoted are only estimates, and O.T. shall not be liable for any delays howsoever caused.
3.2 Unless otherwise specifically stated in writing all risk in the product shall pass to the Customer or its appointed agent at the time of delivery.
3.3 Non-delivery of Products must be notified by the customer to O.T. within seven days of the invoice date.
3.4 If proof of delivery is required, this must be requested within fourteen days of the invoice date.
4. Payment terms
4.1 All invoices will be raised by O.T. on the date of despatch of the products.
4.2 Unless otherwise agreed by O.T., credit account invoices will be payable by the customer 30 days from date of the invoice.
4.3 In the event of late payment, O.T. reserve the right to charge interest on overdue amounts at an interest rate of 5% above the prevailing base rate of HSBC Bank plc.
5. Cancellation by Customer
5.1 Any request by the Customer for cancellation of any order will be granted by O.T. on the condition that the Customer indemnifies O.T. in respect of all costs and expenses incurred by O.T. as a result of its acceptance of such cancellation.
6.1 Any price list, catalogue, advertising matter or similar materials issued by O.T. are intended only as an indication as to price and range of products available and information therein shall not be binding on O.T.
6.2 All prices are given by O.T. at time of ordering by the customer and exclude Value Added Tax, Packaging and Carrier charges.
6.3 O.T. reserves the right to amend any quoted prices and the Packaging and Carrier Charges at any time prior to despatch.
7.1 O.T. will accept returns of unwanted items within 14 days of delivery, subject to the following. Please note that this does not affect your statutory rights :-
7.2 Return authorisation number [RAN] must be obtained from O.T. and must be clearly shown on the outside of any parcels returned.
7.3 Products must be returned complete and as new.
7.4 The relevant invoice, invoice number or packaging slip must be returned with the Products. Products must be returned within 14 days of issue of the returns authorisation number.
7.5 A 25% re-stocking fee (excluding VAT) for business Customers may be charged in the event that a product is returned that is not faulty. A minimum carriage charge of £5.00 excluding VAT will also apply for originally sending the goods.
7.6. Credit notes may be provided at the discretion of the management. All credit notes are valid for a 12 month period.
7.7 It is the customers responsibility to ensure that any products returned are properly insured and under no circumstances will O.T. accept responsibility for products returned that are lost in transit.
7.8 Cost of returns is solely the responsibility of the Customer unless the goods are faulty, whereby OFFTEK will refund the cost of the return upto a maximum of £5.00 on request.
7.9 If a different item is required then a minimum carriage charge of €5.00 plus VAT will apply to send the replacement item.
7.10 If your product is faulty within 28 days of receipt (14 days for Business Customers), after the goods have been returned to us and confirmed after testing as faulty, we can then either provide a refund or replacement.
8. Title and Risk
8.1 Not withstanding delivery and passing of risk, the property in the Products shall not pass to the Customer until O.T. has received all monies owed by the Customer under this or any other contract.
8.2 Until such time as the property in the products passes to the Customer, the Customer shall hold the products as O.T. fiduciary agent and shall keep the products properly stored, protected and insured and identified as O.T.`s property and bear the costs thereof. In the event of termination of this agreement by reason of non- payment by the Customer of amounts due under this contract or any other contract between the Customer and O.T. made prior to the date of this contract, O.T. shall be entitled at any time to require the Customer to return the Products to O.T. and if the Customer fails to do, to enter any premises of the Customer for the purpose of repossessing the Products.
9. Warranties, Limitation of Liability and Force Majeure
9.1 O.T. provides a limited lifetime warranty on 'memory modules'. Flash memory, storage devices and any other products are subject to specific manufacture warranties, which are listed against each product. O.T. will either repair or replace any or all of the product that proves defective. If repair or replacement is not possible then O.T. will provide a refund at the current market value. The product will not be repaired or replaced if the damage was caused by improper installation, accident, abuse, misuse, natural disaster, insufficient or excessive electrical supply, disassembly, repair or modification. The limited warranty only applies to the original purchaser and is not transferable.
9.2. O.T.`s liability in respect of defects in the products shall be limited to the replacement of faulty items or the issue of credit notes in respect thereof or the granting of a refund and shall relate only to the actual faulty item or their value provided that no modification to the Products have been made.
9.3 O.T. shall in no circumstances be liable, whether in contract, tort or otherwise, for any indirect, special, consequential or incidental loss or damage, [including without limitation, loss of profit, loss of contract or loss of other economic advantage] arising from breach of any of its obligations under this agreement from the supply of or intended use of the Hardware or from its negligence, even if O.T. has previously been advised of the possibility of such loss or damage occurring.
9.4 O.T. and the Customer shall be excused from failure or delivery in performance hereunder if such failure or delay is attributable to causes beyond their control which makes such delivery of Products commercially impracticable. Such causes may include, Acts of God, acts of war, riots, epidemics, fires, floods, strikes or labour disputes,inabilities to obtain materials, or failures or delays in transportation. In the event of delay, supply shall take place as soon as reasonably feasible.
10.1 This agreement may be terminated after giving notice in writing:
By O.T. if the Customer fails to pay any amounts within the due date.
If either party fails to perform any of its obligations under this agreement. If either party ceases trading or becomes insolvent or has a winding-up resolution or order passed or has a liquidator, receiver, administrator or analogous appointment over all or part of its assets or enters into arrangements with the creditors.
11.1 The failure of either party to enforce or to exercise at any time or for any period of time, any term of or any right arising pursuant to this agreement does not constitute and shall not be construed as a waiver of such terms or right and shall not effect that party`s right later to enforce or to exercise it.
12. Legal Provision
12.1 The construction, validity and performance of this Agreement is governed by the law of England and the parties submit to the jurisdiction of the English courts.
13. Conditions of Use
13.1 You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.
13.2 You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful activity.
13.3 You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, keystroke logger, rootkit or any other malicious computer software.
13.4 You must not conduct any systematic manual or automated data collection activities including without limitation scraping, data mining, data extraction or data harvesting, on or in relation to our website without the express written consent from OFFTEK.
13.5 You must not use our website to transmit or send unsolicited commercial communications.
13.6 You must not use our website for any purposes related to marketing without our express written consent.
13.7 You must not: Republish material from this website (including republication on another website)
- Sell, rent or sub-license material from the website
- Show any material from the website in public
- Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose
- Edit or otherwise modify any material on the website
- Redistribute material from this website