Consider IT endeavours to provide our customers with the highest level of service possible, to enable us to do so, we have provided the following Terms and Conditions of SALE and SERVICE, for the clarity of our relationship.
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Client/Customer/Member the person who buys or agrees to buy the goods or instructs us to service or repair their equipment
Conditions the terms and conditions of sale or service as set out in this document and any special terms and conditions agreed in writing by Consider IT Ltd.
Sales and Service order the articles which the client agrees to buy or instruct the repair or service of by Consider IT
Price the price for the goods, including any delivery, packaging, and insurance costs.
Consider IT means Consider IT Limited of 17a Graham Street, Edinburgh, EH6 5QN (hereinafter referred to as either “we” or “Consider IT“)
1. These Conditions shall form the basis of the contract between Consider IT and the client in relation to the sale of goods. Service or repair of equipment to the exclusion of all other Terms and Conditions including the clients standard conditions or purchase or any other conditions which the client may purport to apply under the sales or service order of Confirmation of order or any other document.
2. All sales and service orders shall be deemed to be an offer by the client to purchase goods, repair or service equipment by Consider IT pursuant to these Conditions.
3. Acceptance of the sales and service order shall be deemed to be conclusive evidence of the client’s acceptance of these Conditions
4. These Conditions may not be varied except by the written agreement of Consider IT
5. These Conditions represent the whole of the agreement between Consider IT and the client. They supersede any other conditions previously issued.
1. The price shall be the price quoted on the Sales and Service Order (Invoice). VAT charges will be clearly shown on all invoices and is charged at 20%, or whatever the prevailing rate is set by UK Government.
4. Payment and Interest
1. Payment of the price shall be due within 14 days of Consider IT issuing the invoice.
2. Interest on overdue invoices shall accrue from the date when payments become due calculated on a daily basis until the date of payment at the rate of 8% per annum above the Bank of England Base rate from time to time in force, such interest shall accrue after as well as before any judgment.
3. The Client shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by Consider IT.
5. Sales and Service Order
1. The quantity and descriptions of the Sale and Service Order shall be set out in Consider IT’s invoice.
1. Consider IT warrant that the delivery of the Sales and Service Order correspond to the description given by Consider IT.
1. Consider IT shall under no circumstances be liable for any loss, damage, expense or injury of any kind. Whether direct, consequential or otherwise, arising in connection with the execution of a contract or the use or failure of the goods supplied or any defect in them, or from any other cause whether or not due to the acts or omissions of Consider IT, its staff, contractors, or its agents in excess of the contract invoice value.
8. Delivery of Sales and Service Order
1. Consider IT undertakes to use its reasonable endeavours to despatch the order on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be the essence of the contract. Delivery shall be made to the client at Consider IT’s address or at the clients address by agreement and indicated on the Sales and Service Order. The Client shall make all arrangements necessary to take delivery of the order on the day notified by Consider IT. If the client fails to take delivery of the order on the agreed delivery date, or, if no specific delivery date has been agreed, when the order is ready for dispatch, Consider IT shall be entitled to store and insure the Order and to charge the client the reasonable cost of doing so.
2. Consider IT shall not be liable to the client for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the order. If short delivery takes place, the client undertakes not to reject the order but to accept the delivery as part performance of the contract.
9. Acceptance of Order
1. The client shall be deemed to have accepted the order immediately upon delivery to the client.
2. The client shall carry out a thorough inspection of the order within 48 hours of delivery and shall give written notification to Consider IT within 5 working days of the delivery of the order of any defects which a reasonable examination would have revealed.
3. Where the client has accepted, or has been deemed to have accepted the Order, the client shall not be entitled to reject the order which is not in accordance with the contract.
10. Sales and Service Order Carriage
1. Carriage will be chargeable on all Sales which are delivered to the Client’s address. This will be at the rate detailed on the Sales and Service Order.
11. Security and Data
1. It is the Client’s responsibility to ensure that prior to Consider IT starting work on its computer system or other electronic installation, that all critical data has been backed up, and that appropriate recovery procedures are in place. Consider IT will not be held responsible for loss of data from any equipment in its care howsoever caused.
2. Where you post comments on our website(s), we reserve the right to edit, modify, update, remove, or do whatsoever we like to that posted article/comment/information. By submitting your comment to our website/blog/any part of our online community, you agree that you are happy for this to happen.
12. Public Domain Software
1. In the case of software that is available as “freeware”, “shareware” or otherwise supplied from the public domain, such software is supplied to the client on an “as is” basis. Consider IT makes no warranty as to fit for purpose, performance or as to freedom from embedded malicious software.
1. It is the Clients responsibility to ensure that all applicable civil liability legislation and personal privacy safeguards are complied with when using software supplied by Consider IT, both those enshrined in UK and EU law, and those included in any service contracts entered into by the client.
1. Copyright of all material originated by Consider IT, either in the form of pre-contract documentation or as text, images, research papers or electronically stored code for the manipulation, transmission and presentation of information remains vested in Consider IT. by separate negotiation and upon payment in full, copyright may be assigned or licensed to the Client.
The Client will indemnify Consider IT, its staff, contractors and agents for any loss or damage suffered or incurred as a result of failure to obtain any necessary license or consent to enter any premises, or premises being unsafe or unsuitable or any failure of the client to comply with any other conditions imposed by any other party.
16. Force Majeure
1. Consider IT shall not be liable to the client for any loss or damage which may be suffered by the client asa result of the delivery of goods, materials or the execution of a contract being delayed prevented hindered or made uneconomical by reason or circumstances or events beyond Consider IT’s control including, but not limited to:
2. Act of God, riot, strike, lock-out, trade dispute, labour disturbance, restriction or ban on overtime, accident, fire, flood or storm difficulty or increased expense; or
3. Failure by the client to give adequate instructions or supply the necessary information in due time; or
4. Failure by any third party to carry out their part of the work or otherwise perform their obligations when required
1. Any waiver by Consider IT of any breach of any of these Terms and Conditions shall be valid only if given in writing.
1. Consider IT and the Client believe that these Terms and Conditions are reasonable. If any provision shall be held to be contrary to Applicable law, such provision shall be severed from the remainder and the remainder shall continue in full force and effect.
1. Any notice hereunder shall be deemed to have been duly given if sent pre-paid first class post, fax, or e-mail to the party concerned at the address specified.
1. All Contracts to which these Terms and Conditions apply shall be governed and construed in accordance with the laws of Scotland. The parties hereby submit to the jurisdiction of the courts of Scotland.