Terms & Conditions

We like clear, simple contracts without "wriggle room". We want to be good people to do business with.

Introduction

1. In these conditions unless the context requires otherwise, "the Company" means Data Technologies Ltd, "the Customer" means the person or Company who or which has ordered goods or services from the Company and "goods" means any goods or services agreed to be supplied by the Company to the Customer.

2. These conditions apply to all contracts entered into by the Company to the exclusion of any other conditions inconsistent there with. These Conditions may not be altered or varied in any way except as may be expressly agreed in writing by a Director.

3. (1) Unless otherwise clearly agreed in writing by a Director on behalf of the Company all quotations and estimates are invitations to treat and the Customer's order is an offer which must be accepted by the Company.

(2) Where the Company prepares a design or specification to meet the Customer's requirements the placing of an order for the goods shall be deemed to be an acceptance of such design or specification and the Company shall not be liable if the goods are not fit for the purpose which the Customer required them by reason of any errors or omissions in such design or specification.

(3) The Company shall be under no obligation to accept return of any goods other than as provided in Clause 5 and 6. If notwithstanding, the Company shall in any particular case agree to accept return of Equipment which is not defective then it shall only do so on terms that:

(a) The Customer shall pay a sum in respect of the costs so incurred by the Company equal to fifteen per cent of the full invoice price (plus VAT) subject to a minimum charge of £50 plus VAT.

(b) The Customer shall obtain a returns authorisation number from the Company and comply with the Company's return procedure and

(c) The Equipment must be delivered to the Company's premises undamaged and in its original packaging.

4. Unless otherwise expressly agreed in writing by a Director on behalf of the Company the Company may choose to fulfil any or all of its obligations under the contract by itself or by employing one or more subcontractors.

Guarantee

5. The goods shall: -

(1) Conform substantially to the design or specification contained or referred to in the Company's quotation.

(2) Be of sound materials and workmanship.

(3) Be capable of any standard of performance specified in the Company's quotation.

6. The Company agrees to repair or replace defective goods within a period of six months after delivery (or other period agree in writing) provided that:

(1) The Customer has paid for the goods in full,

(2) The goods have been used in accordance with any instructions provided,

(3) The defect was not caused by fair wear and tear or the negligence of the Customer, and

(4) The goods have been operated within their specifications.

Price

7. Unless otherwise stated the quoted price for any goods is ex-works and ex-VAT and does not include any of the necessary taxes or transportation costs, these costs being chargeable to the Customer. Quotations (actually "Invitations to treat") are valid for 30 days.

(a) The price is based on the assumption that any hardware or software specified or supplied by the Customer works as specified and is of reasonable commercial quality, and additional charges will apply if this is not the case.

(b) The price is based on the assumption that the specification was complete and correct. Additional work, and changes to work required, are chargeable.

(c) In the event of reasonably unforeseeable issues, the cost of these will be borne by the Customer.

(d) In the event that information has been withheld by the Customer, any additional costs shall be borne by the customer.

Payment

8. Unless otherwise agreed in writing, all invoices due to the Company shall be paid within 30 days of the invoice date. The Company shall be entitled to take whatever reasonable action it deems necessary to enforce payment, including suspension of its responsibilities under any contracts. In particular, The Company reserves the right to restrict or halt the operation of any supplied software or hardware until the dispute is resolved.

Delivery

9. The goods shall be properly packed and secured in such a manner as to reach the Customer in good condition under normal conditions of transport. All physical defects must be reported within two working days of delivery.

Property and Risk

10. The goods shall remain the absolute property of the Company until the Company has received the full price of the goods. The Company will retain the intellectual property of every work developed by the Company unless agreed otherwise.

Force Majeure

11. The Company shall not under any circumstances be liable for any loss (which includes injury, delay or damage) or for any consequence of any such loss arising out of any cause outside the Company's control.

Proper Law

12. All contracts between the Customer and the Company are governed by English Law and any disputes or differences shall be within the exclusive jurisdiction of the English Courts.

Copyright and Source Code

13. The Company will provide the customer with a licence to use the software developed exclusively for that Customer by the Company upon payment of the relevant invoices. This licence may have limitations, as specified in the contract with the customer.

Software from third parties may be subject to licence conditions and the Customer agrees to be bound by these. The Company is incapable of transferring the intellectual property of third parties to the Customer.

Confidentiality

14. Specifications, designs, estimates, quotations and prices are confidential and may not be divulged to third parties without the written consent of a Company director.

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