The buyer/customer:
The purchaser of computer components / services from MindMachine Associates Ltd.
Conditions:
Goods Purchased:
The Company offers the manufacturer's Return To Base warranty on all new products.
Should any products carry a manufacturers extended warranty period it is the sole responsibility of the buyer to liaise directly with the manufacturer of the product for full details of the warranty agreement should it be found to be faulty.
It is the responsibility of the buyer to return and collect goods to / from the Company's premises (see definition for The Company).
All products advertised are subject to availability.
The Company reserves the right to charge carriage fees to the buyer in the returning / dispatching of goods.
MindMachine Associates Ltd give no assurance as to the mutual compatibility of components sold on any single invoice.
All prices published by the Company are subject to VAT @ 17.5%. E & OE. Prices are subject to change without prior notice at the discretion of the Company.
In the case of agreed credit account sales, payment is due in full on the terms of credit agreed which shall be due no later than the agreed duration of credit from the date of invoice (usually 30 days). Any failure to pay shall entitle the Company at its option to treat the agreed credit account contract as repudiated by the buyer or to delay the delivery of any outstanding goods until paid (in addition to any other remedy).
MindMachine Associates Ltd reserve the right to alter the agreed status & payment terms of any buyers account without agreement from or notice to the buyer and to demand payment in full at any time.
The Company remains the owner of all goods shipped to the buyer until the Company has been paid in full.
If any payment due under these conditions is overdue in full or in part the Company may, without prejudice to any of its other rights, recover and / or resell all the goods or any part of them and may enter the buyers premises by it's servants or agents to recover the goods and the buyer shall be liable for all the Company's costs of so doing.
If any act or proceedings shall be commenced in which the buyers solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable.
The Company reserves the right to decline service to any company or consumer.
Carriage fees are not included in any published prices. Prices are updated periodically and are subject to change without notice. Carriage charges apply to Great Britain mainland (excluding the Highlands & Islands) only. Extra charges will be levied to residents of Northern Ireland, The Republic of Ireland, the Shetland Isles, The Isle of Man and all other offshore regions of the UK not mentioned herein.
Delivery Charges on Orders placed by Phone/ Fax/Email/Internet
Toners - £6.50 (whatever the quantity)
Printer Spares £9.50
Other small new items - £9.50. Larger new items - dependant on weight
Refurbished printers - dependant on weight
Refurbished spare parts - £8.50
Light items including HP paper feed repair kits £4.50 postage or £9.40 courier (optional)
**(Shipment to UK mainland only, additional delivery charge to Highlands)**
Except where the buyer is dealing as a consumer (as defined in the unfair contract terms act 1977, section 12 ) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the goods, whether implied by Statute, Common Law or otherwise are excluded and the buyer warrants that the buyer is satisfied as to the suitability of the goods for the buyers purpose.
The Company accepts the responsibility of incorrectly dispatched goods (i.e goods not matching the specification displayed on the accompanying invoice) if notified to, and agreed by, the Company within 7 working days of receipt. The Company agrees to pay the return postage and dispatch charges of the correct goods. The Company does not accept any consequential loss to the customer during this period and offers no compensation for such.
In accordance with the Distance Selling Regulations, the following applies to all mail order and E-Commerce contracts:
The buyer is entitled to return the goods within 7 working days for a refund subject to the following:
Non-defective returns
All incorrectly ordered parts must be reported within 7 working days of delivery and returned to Mindmachine for inspection. The item must be returned in the original packaging, and the manufacturers seal intact (unbroken) so we can resell the part once returned.
Goods will only be accepted for return if they are in unused condition in their original packaging. Please call us on 0191 4179295 or email us at admin@mindmachine.co.uk.
Check your return:
ALL products being returned must be 100% complete and must be packaged in original packaging
If packaging seals are broken, goods cannot be resold, therefore they cannot normally be returned. Return of goods ordered in error are at the discretion of the company and subject to a restocking charge
If the buyer properly rejects any of the goods in accordance with the Distance Selling Regulations within 7 working days in writing, the buyer shall nonetheless be responsible for the return cost of the goods.
Whether goods are returned in a sellable condition is to be judged by the Company.
The Company accepts no responsibility for any consequential loss or damage caused to the buyer for the receiving of faulty or defective goods. Faulty goods received shall be dealt with as outlined below.
Whilst every effort shall be made to keep any delivery date, time of delivery shall not be of the essence. The Company shall not be liable for any consequential loss incurred by the buyer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.
Unless otherwise agreed the Company may deliver by installments and in such case each installment shall be treated as a separate contract and any delay, default or non-delivery in respect of any installment by the Company shall not entitle the buyer to cancel the remainder of the Contract.
FAULTY GOODS -WARRANTY AND RETURNS
The Company cannot accept any returned goods found to fall into one or more of the following categories:
i) The goods are in some way physically damaged by the buyer.
Ii) The warranty label is found to have been tampered with / torn.
iii) The goods are found not to have been sold to the customer by the Company.
iv) The goods are outside the manufacturer's warranty limit, (90 day warranty on all NEW printer spare parts, ALSO ON REFURBISHED FUSERS AND MAINTENANCE KITS)
Should an item you have purchased from us prove faulty and you need to return any items to us please contact us by email at admin@mindmachine.co.uk with a description of the fault. We will supply you with a returns number to enclose with your receipt of purchase. The item must be returned in the original packaging. Please ensure our full address details and any returns number supplied are shown clearly on the packaging (with the goods). When the item is returned to us, we will arrange for a replacement to be sent to you once the item is tested and proved faulty, or alternatively a full refund on the goods. No refund will be made on postage / courier charge on returned items
DISCLAIMER
The company cannot be held responsible and shall be under no liability to the Customer for any loss, damage to equipment or injury, direct or indirect, resulting from defective or faulty workmanship, faulty goods or otherwise howsoever arising and whether or not caused by the negligence of the Company, its employees or agents. Save in respect of your statutory rights under the Sale of Goods Act 1977 (as amended) and the Unfair Contracts terms Act 1977 and save in respect our guarantee, we shall not be liable to you by reason of any implied warranty, condition or other term, or any duty at common law, or under these terms of our contract with you, 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 our negligence) which arise out of or in connection with the supply of the goods or their use by you.
Goods damaged on receipt
The customer must - inspect all goods on arrival as any damage must be reported within 24 hours of receipt and prior to any installation. If your goods appear damaged in any way, including packaging, they must be signed for as “damaged” on the delivery sheet with the courier. This covers you in the event of a claim for damage to the items. Bargain Basement Items are sold with a 30 day warranty only. These items may be second user, refurbished or discontinued stock. They may be missing drivers, manuals, cables and accessories. Packaging, if supplied, may not be in new condition. All items are tested working.
Except as may be implied by law where the buyer is dealing as a consumer, in event of any breach of these Conditions by the Company the remedies of the buyer shall be limited to damages which shall in no circumstances exceed the price of the goods and the Company shall under no circumstances be liable for any indirect, incidental or consequential damages.
Refurbished Equipment
Any refurbished equipment is sold "as is", any warranty offered pertains to "HARDWARE" only. MindMachine Associates Ltd do not supply any software or operating systems with the systems except where specified. It is the purchaser's responsibility to purchase the necessary software / operating systems required for the system. MindMachine associates Ltd do not offer any warranty in respect to any software resident on the system at time of purchase.
Pricing
MindMachine will quote a price for service before commencement or during progress of ork, as may be convenient to both parties. The customers verbal acceptance of the price shall be accepted as assent to payment.
Payment Terms
(I) Non-credit account customers must pay by cheque, credit or debit card unless agreed between both parties.
(ii) Credit account customers must pay in full within 30 days of the invoice date. If payment is not met within 30 days MindMachine reserve the right to suspend any agreed contract until such a time that the account has been settled.
(iii) Customers equipment may be witheld until payment of outstanding invoices is met in full.
Data
Excepting as agreed in writing MindMachine Associate Ltd do not accept liability for data and programs that may be held on any machine, or loss or corruption of any data during fault finding. The customer is responsible for ensuring that any data held on the machine which is of an important or sensitive nature is fully backed up before the machine is brought into the workshop, as Mindmachine are not responsible for any data held there. If software is essential to the diagnosis and repair of a fault then it must be on the machine in an operating condition. Customers may be asked to supply installation disks and manuals to assist in the fault finding process.
Note that whilst the machine is in use for fault finding the software license is also in use, so transfer to other machines may breach the terms and conditions imposed by software authors.
Customers should note that data of a sensitive nature or which may be covered by the data protection act should be deleted before a machine leaves their site and control. If there are problems in diagnosing faults without access to the data arrangements may be made to work on-site under customer supervision.
Data Recovery
Whilst every endeavour will be made to ensure full recovery of customer’s lost or corrupted data, this cannot be guaranteed. Mindmachine shall accept no liability for data and programs that may be held on any machine, or loss or corruption of any data during data recovery. The customer is responsible for ensuring that any data held on the machine which is of an important or sensitive nature is fully backed up before the machine is brought into the workshop, as Mindmachine are not responsible for any data held there. MindMachine shall accept no liability or responsibility for the operation of the storage device, loss of business or damages to associated equipment that might subsequently occur
Limit of Liability
MindMachine Associates Ltd makes every endeavour to ensure that work undertaken on customers equipment is of the highest standards. However MindMachine shall accept no liability or responsibility for the operation of equipment, loss of business or damages to associated equipment that might subsequently occur.Equipment leaving the workshop will generally be in an electrically safe condition, or clearly marked as defective. However no warranty as to electrical safety is made unless specifically agreed otherwise. Electrical Safety Testing is available as a separate service
These terms and conditions are subject only to UK law.
Limitation of Seller's Liability - Goods
Any express or implied statement, condition or warranty, statutory or otherwise, not stated herein is hereby excluded and deemed to be inconsistent herewith, and no responsibility is accepted by the Seller for any damage or loss arising directly or indirectly out of goods, supplied or for any damage or loss arising by reason of any failure of goods to comply with the specification or with statutory requirements whether attributable to Seller's negligence or otherwise save to the extent that exclusion of liability is prohibited by law.
