The price of the Equipment, Peripherals or service is shown on your invoice. You must pay this to us in full on receipt of our invoice.
If you do not pay our invoice by the due date we reserve the right to:
(a) Suspend deliveries of any further Equipment or services we may provide and/or cancel any Agreement between us.
(b) Withdraw credit facilities granted to you.
(c) Charge you a £25 late payment fee plus interest on the outstanding amount due to us at 5% above the Barclays Bank annual base rate.
If we owe you money or you allege we owe you money, we do not accept that you have the right to offset the amount against payment for the Equipment.
All email & website hosting, and any IT maintenance services must be paid by Direct Debit, and an active mandate kept in place for the duration of the contract. Failure to maintain a valid mandate will result in a £25 administration fee per month.
Delivery and Acceptance of the Equipment
Whilst we shall use all reasonable efforts to deliver the Equipment on the date you require it, we do not accept responsibility for any loss, cost, damages or expenses which may arise as a result of any delays.
Following installation we require you to sign a formal acceptance document which confirms the Equipment has been installed and is in good condition and satisfactory working order. This signature in no way prejudices your rights under the warranty in Condition 4.
Under no circumstances will you be entitled to delay or refuse to accept delivery of the Equipment once you have signed this Agreement.
Insurance and Ownership
The risk of loss or damage to the Equipment passes to you on delivery and you are strongly advised to take out appropriate insurance.
Ownership of the Equipment does not pass to you until it is paid for in full. You have not paid in full until the full amount has been cleared as credited to our bank account.
Until you have paid for the Equipment:
You must store it in such a way that it is readily identifiable as our property.
You cannot resell, dispose of or alter it.
If prior to payment you (being a Limited Company) allow a receiver to be appointed in respect of your assets or call any meeting of creditors with a view to liquidation; or (being an individual) you have a bankruptcy petition served on you or begin negotiations with your creditors, we may immediately terminate this Agreement and enter your premises with all necessary transport to repossess the Equipment.
You are not entitled by virtue of this condition to send the Equipment back instead of paying for it.
Warranty
We do not manufacture the Equipment ourselves, but as your supplier will use all reasonable endeavours to pass on to you the benefit of the Manufacturer’s warranty. This warranty will usually only relate to parts and will not cover the cost of labour.
The warranties given by the Manufacturer on Condition 4.1 replace and exclude all common law statutory or other warranties (express or implied) except for the implied Warranty of Ownership.
Limitations of our Liability.
We accept no liability to you for any direct, indirect, consequential or economic loss or damage relating to the Equipment or its use except as specifically stated in this Agreement or where death or personal injury arises as a result of our proven negligence.
We shall not be liable or responsible to you for any loss which you may suffer as a result of our failure to fulfil our obligations under this Agreement if such failure is due to causes beyond our reasonable control.
You will have read our catalogues and promotional material and also talked and listened to our employees. Whilst every care is taken to provide you with full and accurate information regarding the Equipment we will only accept responsibility for representations, statements and conditions which are expressly made part of the Agreement between us in writing in accordance with 7.2. and signed off by a director of Unison IT Ltd.
Indemnities
Except where a claim arises as a result of our proven negligence you will indemnify us in respect of any claim made against us.
That your use of the Equipment breaches section 6 of the Health and Safety at Work Act 1974; and
That arises as a result of your failure to observe the terms of the Agreement between us.
That your use of the Equipment infringes the intellectual property rights of any third party.
Leasing
Where you have requested us to supply the Equipment on lease then we shall sell it directly to the Leasing Company and at no stage during the terms of the lease will you become the owner of the Equipment.
You are strongly advised before signing the Agreement to inspect the Conditions imposed by the Leasing Company from whom you propose to lease the Equipment. However, whether or not you do so, you will be bound by those conditions and you will indemnify us in respect of any claim made against us that arises as a result of your failure to observe them.
If for whatever reason the Leasing Company declines to accept you as a lessee of the Equipment, unless instead you agree to purchase the Equipment at a mutually agreeable price, it must be returned to us immediately at your expense in the same condition as when delivered to you. If the Equipment is not returned within seven days we may enter your premises
and repossess it.
Following delivery of the Equipment you will be responsible at all times for the risk of loss or damage as provided in condition 3.1.
General
This Agreement incorporates all the terms agreed between you and us. It cannot be varied except by a document signed by you and by one of our directors on our behalf.
We will send any notices to the installation address unless you notify us otherwise in writing. You should send any notices to us at the address above. Notice will be assumed to have been served two working days after it was posted.
You may not assign your interest in this Agreement without our written permission.
Rights under this Agreement will not be affected if either of us do not enforce, or delays enforcing, any of these terms.
