Mike Finney
Design and Technology Consultancy
Registered Consultant
01673 860144 07777 631922
Trading Terms and Conditions
General
All orders are accepted by Mike Finney Design and Technology Consultancy (Hereafter referred to MFD&TConsultancy in this document) on these conditions of sale which supersede any other terms previously published, unless otherwise specifically agreed in writing on MFD&TConsultancy headed documentation by a Director of MFD&TConsultancy, these conditions of sale, design and development and service provision, override and exclude any other terms stipulated or incorporated or referred to by the Customer, whether in the purchase order or during any negotiations or any course of dealing established between MFD&TConsultancy and the Customer, and constitute the entire understanding between MFD&TConsultancy and the Customer for the sale of products or services.
Offers and Acceptance
No obligation shall arise as a result of a quotation or any other offer, until MFD&TConsultancy accepts the order from a Customer seeking to make a purchase.
Orders
After initial discussion with MFD&TConsultancy, where possible orders should be made using a Customer’s reference number and/or your trade account number. We regret that we cannot confirm telephone orders until an official order has been received as hard copy.
No order may be cancelled without the previous written consent of MFD&TConsultancy on its headed documentation. In the event of part cancellation MFD&TConsultancy reserves the right to charge the Customer for any preparation work done up to the time of cancellation.
Prices and VAT
MFD&TConsultancy will make a quotation to customers prior to commencing work on any project. In general we will endeavour to conform to that price but reserve the right to alter prices at any time without prior notice (this would only take place in a situation such as a supplier increasing prices for components or services that were supplied to MFD&TConsultancy. All prices that are quoted to customers are in £ Sterling. Currently VAT is not added to orders.
Payment
1. Please ensure that Cheques are made out to: Michael D. Finney and are crossed "Payee Only"
2. Online transactions only are not accepted at the moment although it our intention to provide this service at a future date.
3. Credit Terms. Automatic credit account facilities are available to all schools and colleges registered in the UK. Credit Terms are available to other business customers subject to status and annual estimated purchases of more than £500. Payment is due 30 days from the invoice date without any deductions whatsoever. If the Credit Customer fails to make any payment on the due date, then, without prejudice to any other right or remedy available to MFD&TConsultancy, it shall be entitled to;
i. Cancel the order and suspend dealings with that customer, school or college.
ii. Appropriate any payment made by the Customer to such of the services/products (or services/ products supplied under any other order) as MFD&TConsultancy may think fit
iii. Charge an administration fee for any legal or other actions required to recover monies due
iv. Charge interest on the unpaid amount from the due date at a rate of 4% per month.
Intellectual Property and Information
1. MFD&TConsultancy take all reasonable steps in the course of business to ensure that the services/products provided do not infringe any patent, design, trademark, copyright or any other rights of third parties.
2. MFD&TConsultancy own full copyright in respect of presentations and documentation that are supplied to customers; this includes all material however it may be published. As an example material published in paper or electronic form; such as CD-ROM, or on the Internet, by MFD&TConsultancy fall into this classification. The reproduction, storage in a retrieval system, or transmission, in any form, or by any means whether it be electronic, mechanical, photocopy, recording or otherwise, in part or in whole, is prohibited without prior written consent from MFD&TConsultancy .
3. Notwithstanding any other term of these conditions of sale, title in any software program that forms part of the services/products purchased is retained and will not pass to the Customer. Such software programs may only be used by the Customer and must not be copied or altered or otherwise modified by the Customer.
4. MFD&TConsultancy reserve the right to record and use customer information supplied by the customer including telephone conversations with the customer.
*Limitation of Liability
1. MFD&TConsultancy accepts no liability whatsoever or howsoever arising in respect of loss, damage or expense arising from errors in information or advice provided whether or not due to MFD&TConsultancy’s negligence or that of its employees, agents or sub-contractors save for any loss or damage arising from personal injury.
2. MFD&TConsultancy shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of contract with the Customer, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of MFD&TConsultancy, its employees or agents or otherwise) which arise out of or in connection with the supply of the services/products or their use or resale by the Customer.
3. The entire liability of MFD&TConsultancy under or in connection with the contract with the Customer shall not exceed the price of the products except as expressly provided in these terms and conditions.
Force Majeure
MFD&TConsultancy shall not be liable to the Customer or be deemed to
be in breach of contract by reason of any delay in performing, or any failure to
perform, any of MFD&TConsultancy’s obligations in relation to the services/products,
if the delay or failure was due to any cause beyond MFD&TConsultancy’s reasonable
control. Without prejudice to the generality of the foregoing, the following shall
be regarded as causes beyond MFD&TConsultancy’s reasonable control:
1. Act of God, explosion, flood, tempest, fire or accident;
2. war or threat of war, sabotage, insurrection, civil disturbance or requisition;
3. acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
4. import or export regulations or embargoes;
5. strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of MFD&TConsultancy or of a third party);
6. difficulties in obtaining raw materials, labour, fuel, parts or machinery;
7. power failure or breakdown in machinery.
Law
Any sales transacted by MFD&TConsultancy, is to be governed solely by English
Law and the parties agree to submit to the exclusive jurisdiction of the English
courts.
Consumer Protection
Nothing contained herein shall affect a Customer’s statutory rights
if he/she ‘deals as a consumer’ as defined in Section 12 of the Unfair Contract Terms
Act 1977. Particular reference is made to clauses marked *.