Terms and Conditions of Sale

1. Every quotation, proforma invoice, price list or other similar document made or issued by Compulease Ltd (“the Company”) is made or issued subject to these Terms and Conditions of Sale and unless otherwise expressly agreed by the Company in writing no terms and conditions of sale which are at variance with these Terms and Conditions of Sale or any of them shall be construed as having any effect on any contract to which these Terms and Conditions apply.
2. No order resulting from any quotation, proforma invoice, price list or other similar document made or issued by the Company shall be binding unless and until accepted by the Company. The Company at its absolute discretion may accept or reject any order whether on account of the equipment being no longer available or for any other reason whatsoever. All orders must be confirmed in writing, on the Purchaser’s official order form or on the Company’s official order and must be signed by a duly authorised official.
3. The place of delivery is at the Purchaser’s nearest address in the United Kingdom or, in the case of export orders the nearest United Kingdom port or airport. All prices are ex-works unless otherwise stated.
4. The Company’s normal terms of business are for all goods in stock to be despatched within 5 working days of cleared payment being received by the Company. In the event of goods not in stock, no cheques will be presented or credit cards charged until the goods are in stock and ready for despatch, unless the customer specifies otherwise. In the case of export orders payment will be by irrevocable letter of credit established with the Company’s main bank and payable on presentation of shipping documents or by cleared funds being transferred into the Company’s bank account.
5. Purchase orders are only accepted from plc’s, government departments, education authorities and universities and even then at the sole discretion of the Company. All goods must be paid for within 7 days of despatch. The Company reserves the right to suspend delivery in respect of any order or orders from the Purchaser, if in the Company’s opinion, delivery would represent a credit risk to the Company. The Company may charge interest at a rate 6% above Bank of England Minimum Lending Rate on overdue accounts and may withdraw, at their discretion, any discounts allowed on the original invoice. In every case, goods supplied remain the property of the company until paid for in full.
6. In the case of special orders, where the Company decides that the guarantee is inappropriate, the Purchaser will be informed of this fact prior to the goods being despatched. All goods returned under the guarantee scheme must be undamaged and in all the original packaging and any damage to the goods or packaging, external or internal, will invalidate the guarantee. All shrink wrapped software must be returned unopened. The Company is entitled to levy a restocking fee of 35% against any refund or cancelled order, in order to recover any of its costs associated with the transaction. In the case of special and bespoke orders, and where goods and costs have been incurred as a result of a signed order confirmation, the restocking fee may be increased and will be charged at a rate which enables the Company cover any costs associated with the transaction and to restore its original position had the order confirmation not been received.
7. The Company will endeavor to deliver the equipment by the date specified but unless otherwise agreed in writing, time for delivery shall not be of the essence and the Company shall not be liable for any damages whatsoever resulting from delay in delivery howsoever caused. The Company may make installment deliveries.
8. Any damage or shortage shall be reported to the Company and the Carriers in writing by the Purchaser within 7 days of delivery. Provided prompt notice of transit damage or loss is given and provided it is proved to the Company’s satisfaction that such damage occurred in transit in the United Kingdom, but not otherwise, the Company will at its sole discretion, repair or replace such equipment free of charge to the Purchaser.
9. In the case of equipment not manufactured by the Company, the Purchaser shall have the benefit, in so far as it may be transferred to the Purchaser, of any rights which the Company may have against the supplier of such equipment in respect thereof and the Company’s liability in respect thereof is limited to making the benefit of such rights to the Purchase to the extent aforesaid.
10. The Company shall not be liable for any indirect or consequential damage however caused (and whether by the Company or any other person) and shall not be liable for any damage (whether or not consequential) arising from stoppage or breakdown of the equipment for any reason whatsoever or in any other way for the performance for the equipment in operation.
11. Should any equipment malfunction as a result of abnormal environmental factors (including without prejudice to the generality of the foregoing mains powers transients or dropouts, electromagnetic interference, extremes of humidity, vibration, temperature or pressure or chemical corrosion) which had not been notified to the Company at the time of placing the order and specifically accepted by the Company, then all costs incurred by the Company in repairing such equipment and investigating the causes of the malfunction shall be payable by the Purchaser.
12. The Company hereby reserves the right to make without notice such minor modifications in specifications, design or materials as it may deem necessary from time to time.
13. The Company shall not be liable for any failure to perform its obligations thereunder which may be due to any circumstances whatsoever beyond its control (including, without prejudice to the generality of the foregoing, any inability to obtain any necessary import or export licences or consent of any government or other authority.)
14. All rights and title to any goods delivered to the Purchaser shall not pass to the Purchaser and the Purchaser shall keep the goods as bailee and trustee for the Company (returning the same to the Company upon request) until the price of the goods shall have been wholly paid to include any additional charges levied in respect of late payment, to the Company. Notwithstanding the foregoing, the Purchaser may sell the goods to third parties in the normal course of trade but the proceeds of any such sale, whenever any part of the price of the goods remains due to the Company, shall be held on trust for the Company and the Purchaser is deemed to assign to the Company the benefit of any claim which the Purchaser has against any such third party arising from such sale and/or delivery.
15. The Company reserves the right not to undertake any repairs to equipment, unless the alleged fault is reported in writing.
16. All contracts shall and in all respects be governed by and construed in accordance with the law of England.