Conditions of Sale for Business Customers
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Services - Additional Conditions apply.
General
- These Conditions of Sale are for business customers only.
- They do not apply to consumers whose statutory rights are not affected in any way. Any sales to consumers to whom the Consumer Protection (Distance Selling) Regulations 2000 apply can be cancelled in writing within seven days of delivery of the goods. We will then reimburse any payment which has been made within 30 days. Any goods returned by a consumer must be in a resalable condition and will be subject to a return charge of £10 plus VAT per item.
- We do business only under these Conditions of Sale except for Catalist sales where separate conditions apply. The Catalist Terms can be found on the website. www.ogcbuyingsolutions.gov.uk
- Goods are subject to availability and may vary from those advertised.
- You must decide before ordering if the goods are suitable for your needs.
- Please note that we reserve the right to cancel or refuse orders for items shown on our websites with an incorrect price or with any other incorrect information. No contract is made with you until we have dispatched your order.
Prices and Payment
- Our advertised prices do not include VAT and delivery. The price of the goods may be changed from the one advertised. Please confirm the price before you order.
- We accept payment by bank transfer, cheque, credit or debit card or cash. Credit card and debit card payments are taken at the point of customer order not on dispatch of goods.
- Goods bought on credit must be paid for by 30 days from our invoice date. We may share customer credit history information with relevant credit agencies.
We remain owners of the goods you purchase until you have paid for all of them in full. We can retrieve and resell them if they are not paid for. This applies to all goods we supply to you and to any money owing in respect of any transaction with you.
- Under the Late Payment of Commercial Debts Regulations 2002, we can exercise our statutory right to charge interest and an administrative charge on all overdue invoices.
Delivery
- We charge for all deliveries. We operate a standard next day delivery service for in stock items. Standard delivery is to suitable ground floor reception or stores areas. Please notify us in advance if you have any special delivery requirements - there will be an additional charge. If the goods do not arrive or are incomplete, are the wrong goods or are damaged when you open them, you must tell our Customer Services department within 5 days of receipt or expected delivery.
- After delivery you are responsible for protecting the goods against loss or damage.
Cancellation
- You cannot cancel an order once we have accepted it, unless this is agreed in writing by our authorised representative.
Returns
- It is your responsibility to check the goods on delivery. All our goods are sold to you with the benefit of the manufacturer's warranty.
- If faulty goods are to be returned to us you must first obtain an RMA (Returned Merchandise Authorisation) from our Customer Services department. The RMA will be valid for 28 days. We will arrange at our expense for collection of the goods, which must be available for collection in their original packaging together with all accessories, software and manuals. The goods will be tested on receipt. Please note that some manufacturers have a day one back to base policy - we will advise you if this the case.
- We cannot accept unauthorised returns which do not have an RMA.
- Your remedy in respect of faulty goods depends on the individual manufacturer's 'Dead on Arrival' (DOA) policy. Where you notify us of a fault in the goods within the time specified in the relevant DOA policy and the fault is verified we will replace the goods or give you a full refund.
- Where goods are returned outside the DOA period and the fault is verified, the goods will be repaired under the terms of the manufacturer's warranty.
- If you change your mind we may take goods back at our discretion if they are unopened, unused and in perfect condition. There will be a handling charge of 15% of the purchase price (or £20 whichever is greater) plus a collection charge of £6.95 for this service. Please contact our Customer Services department.
- If you return goods please ensure that you have backed up your data. We will not be responsible for any data that is lost.
- We do not accept returns of special purchase items, software licences, consumables or opened software unless it is faulty.
Guarantee and Liability
- You get the benefit of the manufacturer's warranty in respect of all the goods we sell. We do not provide any warranties ourselves and we exclude any warranties express or implied by statute, common law or of any other kind. We are willing however to sell you an additional top-up warranty to supplement the manufacturer's warranty.
- We are resellers to business customers and as permitted under the Unfair Contract Terms Act 1977 we exclude liability for claims regarding the quality or fitness for purpose of goods or otherwise which consumers can make under the Sale of Goods Act 1979. We are liable for death or personal injury caused by our negligence. We do not accept any liability for indirect or consequential losses or loss of profits.
SERVICES - ADDITIONAL CONDITIONS
Customer Obligations
- The Customer will
- Allow reasonable access to the site and ensure the site is a safe environment
- Properly maintain the equipment and software and regularly back up data
- Provide all relevant information about it and notify Yellowgiant of any changes to it affecting Yellowgiant's ability to deliver the Services
- Check and sign for all deliveries by Yellowgiant of required equipment, keep the equipment safe and ensure its availability for the services to be carried out.
Yellowgiant Obligations
- Yellowgiant
- Will perform the services set out in the Description of Services with reasonable skill and care using appropriately qualified and trained and experienced engineers
- Will not copy, adapt or part with possession of any of the Customer's confidential information.
- Does not warrant the services or any additional services will cause the equipment or software to operate without interruption or error
- Does not have any liability for any such interruption or error which is caused directly or indirectly by any equipment or services not supplied by Yellowgiant.
Limitations on the Services
- The services to be provided do not include services required due to:
- Failure by the Customer to properly maintain or operate the equipment or software
- Modification of the equipment or software by anyone other than Yellowgiant
- Transportation or relocation of the equipment or software
- Any defect in the equipment or software
- Failure to allow Yellowgiant proper access to the equipment or software Such services if requested by the Customer will be treated as additional services for which additional charges will be payable in accordance with Yellowgiant's rates in force at that time
Suspension and Termination
- Yellowgiant may suspend the provision of the services or terminate them immediately (without liability to the Customer) if any of the following events happen:
- The Customer fails to make any payment due to Yellowgiant by the time it is due
- The Customer has given any false or misleading information to Yellowgiant
- The Customer is insolvent
- The Customer's use of the services is likely to cause the whole or part of the services to be interrupted, damaged, rendered less efficient or in any way impaired
- The Customer is in material breach of this Agreement
- If the primary cause of any problem which substantially impairs or prevents Yellowgiant from performing the services is the failure or malfunction of any equipment, facilities or devices not supplied by Yellowgiant
- If the site, equipment or software is changed
- If the cancellation provisions under any leasing arrangement entered into by the Customer are invoked by the relevant Leasing Company.
Limitation of Liability
- Yellowgiant's liability to the Customer for death or personal injury caused by its own negligence or that of its employees, agents or sub-contractors is unlimited.
- Yellowgiant's liability to the Customer in respect of damage to tangible property resulting from its negligence or that of its employees, agents or sub-contractors is up to a maximum of £1,000,000 in respect of any one event or series of connected events arising from its performance or non-performance of the services or additional services.
- ellowgiant accepts no liability for consequential or indirect loss or damage, corruption of data, loss of profits, revenue, business or goodwill or anticipated savings.
Matters beyond Yellowgiant's Reasonable Control
- Yellowgiant will not be liable for any delay in performing or failure to perform the services or additional services if such delay or failure is caused by circumstances beyond Yellowgiant's reasonable control.
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Company Details
- Yellowgiant is a trading divisions of Aliya Enterprises Limited. Registered number 4785573.
- Aliya Enterprises Limited 2008 Terms of Use
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