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ALM MICROS GROUP TERMS & CONDITIONS1 - LEGAL TERMS 2 - GENERAL (ABOUT THIS CONTRACT) 2.1 - These Terms & Conditions apply to all goods and services supplied by ALM Micros or its trading names, currently registered at Unit 42 IMEX Business Park, Flaxley Road, Birmingham, B33 9AL. 2.2 - These Terms & Conditions will apply to all such goods and services supplied by ALM Micros. subject only to English Law. 2.3 - We shall not be liable to you for any failure or delay in performance of our contract, if it is due to an event beyond our reasonable control including, without limitation, acts of God, war, industrial dispute, fire, flood, tempest and national emergencies, labour disputes, inability to procure parts, workload in excess of available staff level and if so delayed we shall be entitled to a reasonable extension of time for performing such obligations. 2.4 - The following Terms & Conditions apply to all transactions processed by ALM Micros. All orders made are subject to the acceptance of these Terms & Conditions, and deemed to be accepted by you when placing your order. 2.5 - These Terms & Conditions do not affect your statutory rights. 2.6 - These Terms & Conditions are subject to change without notice and supersede all previous editions. For your peace of mind we adhere to the Consumer Protection (Distance Selling) Regulations. 2.7 - These Terms & Conditions shall be incorporated in the Contract to the exclusion of any Terms & Conditions stipulated or referred to by the Customer. 2.8 - No variation or amendment of this document or oral promise or commitment related to it shall be valid unless committed to writing and signed by or on behalf of both parties. 2.9 - The Customer shall not at any time whether before or after the termination of this Contract divulge or use any unpublished technical information deriving from the Company or any other confidential information in relation to the company’s affairs or business method of carrying on business. 2.10 - We may sub-contract the performance of this Contact in whole or in part. 3 - QUOTATION 3.1 - Quotes are only valid for 30 days (inclusive of weekends and public holidays) from the date of issue. 4 - PRICING 4.2 - We endeavor to offer you competitive pricing of current products and services. We reserve the right to change prices for products displayed on our website at any time. 4.3 - All prices of Goods or Services quoted and displayed are in UK pounds sterling and shall exclude packing, insurance, carriage, VAT and any and all other taxes or duties. 4.4 - The total price invoiced will be charged in respect of the total quantity of Goods. Services may be charged per service provided or in hours or parts thereof if that is our stated method of calculation. 4.5 - In addition to the price, you may be required to pay a delivery charge for the goods and/or insurance (unless otherwise stated). 4.6 - The Company shall have the right to adjust its prices for any increase in the price of materials, parts, labour, and delivery charges if applicable, changes to original quote, special delivery schedules imposed after quotation, ordered quantities or any other costs of any kind arising for any reason after the date of the order. We also reserve the right and are entitled to make adjustments to the price to take account of any increase in, or the imposition of any new taxes or duties. 4.7 - Should we reduce our price of a product after your invoice has been raised you will not be entitled to and we will not entertain retrospective claims for a refund or credit of the difference between the price you were charged and the current selling price. 4.8 - Goods and services on our website are checked for accuracy, but should an error occur we would inform you of the correct price and give you an opportunity to cancel the order. Prices may fluctuate daily, and we can only honor the correct price that should have been displayed on the day of purchase. Goods or services purchased via the website using an inadvertently displayed incorrect price may be rectified either way in the case of used goods or returned if that is the clients wish where the goods have not yet been used. Services not yet undertaken can be cancelled or renegotiated to suit the client. 4.9 - Every effort is made to ensure that prices shown on our website are accurate at the time you place your order. If after accepting your order a pricing error is found in respect of any or all of the goods you have ordered, we will notify you as soon as possible detailing the mis-priced goods and offering you the option of: 5 - PAYMENT 5.1 - Payment for the goods and delivery charges can be made by any method shown on our website at the time you place your order. 5.2 - We accept all major credit cards (inc. Amex), cheques, cash, wire transfer & BACS payments. In addition we accept official purchase orders from Government, Education, Healthcare and other corporate customers at our sole discretion. Credit card payments may incur an extra surcharge. All cheque, BACS, and wire payments must be cleared before any goods can be dispatched (please allow up-to 5 working days for clearance). We reserve the right not to dispatch any goods until we receive payment in full. Our bank details for BACS and Wire payments are available from our sales department. 5.3 - Payment for goods must be made in accordance with our purchase procedure as set out on our website. All orders are positively credit card sanctioned prior to dispatch. 5.4 - Payment by non trade and trade customers having no prior agreement with us shall make payment at the time of ordering. Payment in full or in the case of services the deposit and or initial payment shall be fundamental and an over riding prerequisite of our entering into any agreement or dispatch of goods. 5.5 - If you are trade customer, payments shall be made by you on or before the due date stated on our invoice in accordance with terms mutually agreed. In no circumstances shall you make any deduction or withhold payment for any reason at all unless you have a obtained a valid court order requiring an amount equal to such deduction to be paid by us to you, breach of which shall entitle us to terminate the contract immediately. 5.6 - Ownership of the goods shall not pass to you until payment in full has been received (in cash or cleared funds). All sums due in respect of supplied goods and/or services including those supplied on an account shall remain the sole property of ALM Micros. and we shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from us. 5.7 - All invoices are due for payment on the ‘due date’ printed in our invoice. Any invoice outstanding beyond this period will be referred to First Legal Debt Recovery and will be subject to a surcharge of 15% plus VAT to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the customer and will be legally enforced. 6 - ORDERS PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE 6.1 - We will treat each order for goods or services placed by you as acceptance of these Terms & Conditions. 6.2 - Our contract with you only begins when we confirm acceptance of your order to purchase goods from us. 6.3 - We may ask for an original purchase order in written form from you before we can process your order. 6.4 - We may send you an acknowledgement shortly after you place your order, notifying you that we have received your order. This acknowledgement is not notification that we have accepted your order. 6.5 - An order will not take place (and we will not be deemed to have accepted your order) until we have validated and confirmed your payment. Any communication, which you receive from us prior to validation, is not to be deemed as an acceptance of your order. 6.6 - We have the right to terminate the order if the price of the goods is not received from you in cleared funds. 6.7 - We accept no responsibility for delays in processing your order if any details you provide us are incorrect or if any details can not be substantiated. 6.10 - If after acceptance of your order we discover within 14 days of such acceptance that all of the goods are unavailable, we may terminate the contract and refund or re-credit you within 7 working days for any sum that has been paid by you or debited from your credit card for those goods. In these circumstances, we will inform you as soon as possible. Also see section 10.11 on delivering incomplete orders. 6.11 - To avoid any doubt, where goods are unavailable and you order alternative goods from us, or where goods have been mis-priced and you subsequently order such goods at the correct price, these terms of sale shall apply to the order and the supply of the relevant goods, whether the order is placed through our website or otherwise. 6.12 - The order is subject to your right of cancellation (see section 8). 7 - REPAIRS 7.1 - Reasonable attempts will be made to complete work within 2-3 working days however we cannot be held liable for any damages incurred as a result of any delay to the completion of work carried out. 7.2 - Reasonable attempts will be made to find appropriate hardware drivers, however if you do not provide these in a useable condition we reserve the right to return the system with some or all of drivers missing. 7.3 - If you delivered the system in person for repair, upon request we will demonstrate your computer working on collection (assuming successful repairs). Once the system leaves our care with or without a demonstration it is deemed to be working and further charges will apply to returning systems 8 - CANCELLATION & RIGHT TO CHANGE 8.1 - As a consumer customer, you have the right to cancel the order within 7 working days (this does not apply to trade customers who have no right to cancel unless otherwise agreed in writing). To exercise your right of cancellation, you must give written notice to us by hand, post or email, giving details of the goods ordered (referance number) and (where appropriate) their delivery. Notification by phone is not sufficient. When cancelling your order, you must quote your unique reference number given at time of purchase. If however your order has already been despatched then normal terms for returning your purchase will apply see section 15. 8.2 - Except in the case of faulty or wrongly described goods, if you exercise your right of cancellation after the goods have been delivered to you and meet the description you requested, you will be responsible for returning the goods to us at your own cost and be charged a re-stocking fee. The goods must be returned to the address shown within the Returns on Line section of our website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or wrongly described goods we shall, after receiving notification in accordance (see section 11), either collect the goods from you or ask you to return the goods to us in accordance with our Returns procedure (see section 15). 8.3 - If within 7 days of our acceptance of your order we discover that some but not all of the goods are unavailable, we will no longer supply those unavailable goods. In these circumstances we will contact you detailing the goods that are unavailable and offer you the option of cancelling the whole order, amending the order and substituting unavailable items with alternative goods or supplying only the available goods. If you have not cancelled the order within 14 days of receipt of such notice, we will deliver the available goods (see section 10). We will refund or re-credit you for any sum that has been paid by you or debited from your credit card in respect of the unavailable goods or cancelled order (if you have cancelled it). 8.5 - You waive your right to cancel any order when requesting us to constructed, personalised or alter in any way as to alter its performance, standard specification or looks any IT equipment or parts. 8.6 - Once we have notified you that we have accepted your cancellation, we will send you a notice confirming cancellation of the order within 21 days. We will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods (see section 51. 9 - TRADE CUSTOMERS 9.2 - If you are a business customer your right to possession of the goods shall terminate immediately if: 10.1 - There will be no delivery until cleared funds are received (with the exception of business accounts where we have agreed credit facilities)s see section 5 on payment. 10.2 - Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, we will not be liable for any loss or damage or costs incured by you through reasonable or unavoidable delay in delivery. In cases where we are aware of impending delays we will inform you and give the option of cancelling your order at this point. 10.3 - Any dates quoted by us for the delivery of the Goods or Services and performance of the Services are approximate only and shall not form part of the Contract. The Customer must acknowledge that in the performance expected of the Company no regard has been paid to any quoted delivery or performance dates. 10.4 - All our delivery charges are displayed in the shopping basket, or on the page called ordering, or via our sales team based on UK mainland only. Non-UK mainland and special deliveries such as Saturday delivery or early morning deliveries will incur a surcharge please see our delivery charges or contact our sales team for a quotation. 10.5 - Orders placed after 3.00 pm on a working day will be processed the next working day and will be delivered as per the requested delivery option provided no additional securities checks are required and all stock items are available. 10.6 - Next day deliveries must be processed before 3 PM that day, if not they will be despatched the following day. This service cannot be guaranteed, however we will refund the difference between next day and the standard delivery fee if we fail to deliver this service. 10.7 - Delivery of the goods shall be made to UK addresses only unless agreed otherwise, and must be signed for. The address will be that registered with your payment card issuer, unless you request otherwise and we agree to such a request (at our sole discretion). Once delivered to this address and a proof of delivery is obtained for that address, we cannot accept any liability for missing packages. 10.8 - We will deliver to alternative addresses at your request but stress that if instructed to do so, you are agreeing that anyone situated at your alternative address has your written authority to accept goods on your behalf. We will accept no responsibility for goods once they have been delivered to and signed for at the requested address. 10.9 - Upon receipt of your order you will be asked to sign for the goods received in good condition. If goods arrive in a damaged or unsatisfactory condition, then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED" and then you must inform us within 24 hours of delivery. Failure to do so may affect any warranty claims that you make thereafter. 10.10 - We at our discretion may deliver the Goods or Services by instalments in any sequence. No default or failure by us in respect of any one or more instalments shall vitiate the Contract in respect of the Goods or Services previously delivered or undelivered Goods or Services. 10.11 - We may deliver to the Customer and the Customer shall accept in satisfaction of the Contract a lesser number than the number of Goods and Services ordered unless otherwise agreed. If we can not fulfil the whole order, we will refund the difference. 10.13 - If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under our control) then without prejudice to any other right or remedy available to us , we may: 10.17 - If delivery of the goods is delayed by us by more than 30 days, you shall be entitled to contact us and cancel the order. Any monies paid in respect of goods, which are not delivered, will be refunded. 10.18 - We shall not be liable for any penalty, loss, injury, damage or expense arising from any delay or failure in delivery or performance from any cause at all nor shall any such delay or failure entitle the Customer to refuse to accept any delivery or performance of or repudiate the Contract. 11.1 - All new goods (Excluding, software and some consumables) supplied by us are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. Full warranty details are available with your product, on our website within the product description, or from our sales team. It is your responsibility to complete and return the purchase registration form enclosed with the goods to the manufacturer. 11.2 - If new goods develop a defect during the 12 month warranty period, you should follow our Returns procedure (see section 15). In the event of a valid claim for a defect in the new goods, where section 12 do not apply, we will (at our option) either replace those goods, if we have the same goods or replace with similar goods at the same price, repair those goods or refund or re-credit you the sum you have paid for the relevant goods within 30 days of the date that the relevant goods are returned in accordance with our Returns procedure (see section 15). 11.3 - If faulty goods that have been bought new and carry manufacturer warranty are returned to us after 28 days of shipping we reserve the right to return the product to the manufacturer for repair or replacement. If this should happen please note normal turnaround time is 21 working days but it could take longer for repair or replacement depending on the manufacturer turnaround. 11.5 - In the event of a valid claim for a defect in the Used Goods, we will (at our option) either replace those Used Good(s), if we have available the same Used Goods(s) at the same price, repair the Used Good(s) or refund or re-credit you the sum you have paid for the relevant Used Good(s) within 30 days of the date that the relevant Used Good(s) are returned in accordance with our Returns procedure (see section 15). 11.6 - Extended warranties are sometimes available and can be supplied direct from the manufacturer and require the customer to register them with the manufacturer according to their Terms & Conditions; we accepts no responsibility for failure by the customer to register their warranty packs in accordance with the manufacturers instructions. 11.7 - If your goods (excluding software and some consumables) become faulty after the warranty period, we can carry out repairs at very competitive prices (see our repair prices). We will endeavour to offer you a fast and efficient after sales service. Your statutory rights remain unaffected. 11.8 - Please note software is excluded from any warranty. If no fault is found or software you have loaded has caused any hardware faults you will be responsible for the costs of repair and return shipping. Wherever possible we will respond to your individual circumstances. 11.9 - The warranty does not cover, accidental damage, modifications to, failure(s) not due to manufacturing defect(s), software of any type licensed or otherwise, when any warranty void sticker has been tampered with, failure to comply with the original manufacturers conditions of intended use, any accessories supplied with a used systems, or software corruption where re-installation of your operating system is necessary except due to hard drive failure. 11.10 - The warranty of new and used goods mentioned above do not apply to any defect in the goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use, failure to follow the manufacturer's or Supplier’s instructions, or any alteration or repair carried out without our prior written approval. If these goods are deemed tampered with in any way your warranty will become void and you will become responsible for the costs of repair and return shipping. 11.11 - Batteries supplied with a used or refurbished laptop have a 28 days Return-To-Base warranty and are only guaranteed to hold a charge for at least 30 minutes. 11.12 - Due to the nature of laptop displays TFT and LCD monitors, there is normally a tolerance of faulty pixels allowed by the manufacturer before it will be deemed to be a faulty unit by the manufacturer. Therefore, these type of products will only be deemed faulty if the number of failed pixels exceeds the manufacturers stated amount in the manufacturers warranty conditions. 11.13 - We cannot be held responsible for any costs arising from unauthorised repairs to equipment during the warranty period. Only we or the equipment manufacturer or their authorised service agents can carry out any warranty work. Any unauthorised repairs or repair attempts will void the warranty. 11.14 - In the event of product failure we are not be held responsible for the loss of any data that may occur, nor whilst we repair or exchange this product under the terms of warranty. You are strongly advised to back up all data on a regular basis. 11.15 - We will not be liable for any transit damage that may occur on any product you have returned to us for repair. We strongly suggest that you make sure you have used sufficient packaging to protect your product and insure against damage before returning any product for repair. For advice on how to pack your goods safely before return please see our shipping instructions. 12 - DAMAMGED GOODS CONDTIONS 12.1 - If the goods supplied to you are damaged in transit, you should notify us within 48 hours of receipt of the goods and return the goods to us in accordance with our returns policy (see section 15). 12.2 - Once we have verified the damage, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs. This does not affect your warranty right (see section 11) 13 - FAULTY OR UNCOMPLETE GOODS 13.1 - If the goods supplied to you are faulty or incomplete on arrival (whether or not they were damaged in transit), you must notify us within 7 working days of receipt of the goods and return the goods to us in accordance with our returns policy (see section 15). 13.2 - If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify us within 14 calendar days of the date you discovered or ought to have discovered the damage, defect or complaint. 13.3 - Once we have verified the fault, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs. This does not affect your warranty right (see section 11) 14.4 - Any claim under this condition must be in writing and must contain full details of the claim including the reference numbers of any allegedly defective Goods or Services. 14.5 - If you are a trade customer then our aggregate liability (whether in contract or for negligence or breach of statutory duty or otherwise howsoever) to you for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price of the goods in question. 14.6 - We should be given reasonable opportunity and facilities to investigate any claims made under this condition and the Customer shall if so requested in writing by us to return any Goods or Services which are the subject of any claim. When returning goods please adhere to our advice on correct packaging and Return procedures. 14.8 - Under no circumstances shall we have any liability of whatever kind for any technical information, recommendations, statements or advice furnished by us or our employees, sub-contractors or other agents not given in writing in response to a specific written request from the Customer before the Contract is made, or any variations in the quantities or dimension of any Goods or Services or changes of their specifications or substitution of any materials or components; if the variation or substitution does not materially effect the characteristics of the Goods or services, and the substituted materials or components are of a quality equal or superior to those originally specified. 15 - RETURN & REFUD 15.2 - If you need to return a product for ANY reason, please contact our sales team by telephone or email for a Returns Material Authorization (RMA) number. Once given an RMA, fill in our RMA form and send back to us, it will only be valid for 30days after which you have to apply for another one. 15.3 - Before we can issue an RMA, we may require a proof of purchase which was sent via email if you have included an email address with your order or by regular mail when your order was shipped. 15.4 - We will provide a full refund (excluding delivery charges) if the product you have selected is found to be unsuitable within 7 working days following delivery this excludes business-to-business sales. Any system(s) returned within seven days for refund that require re-installation of the operating system may be liable to a £25+ VAT charge which will be deducted from any refund due. 15.5 - Goods, other than faulty goods, may not be returned after 7 days unless we agree that there is good reason for us to receive such goods back, if we agree to accept these goods back into stock they may be subject to a 20% handling and restocking fee. If you purchased your order using a ALM Micros credit terms, you may be asked to provide a major credit card (Visa, MasterCard, American Express, etc) for ALM Micros to assess the 20% open box restocking fee. 15.7 - Repaired products may not be returned for refund or exchange under any circumstances unless DOA or the same fault still exists. 15.8 - If the item is returned unopened in the original box, we will exchange it or offer you a refund based on your original method of payment. The product must be returned to the ALM Micros warehouse within 7 calendar days of the issuance of the RMA. All products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the product 15.9 - Please note that ALM Micros does not permit the return of or offer refunds for the following products:
15.9.1 - *You may return software after rejecting the licensing terms, provided the software is not installed on a computer. However, software that contains a printed software license may not be returned if the seal or sticker on the software media packaging is broken. 15.10 - Product must be deemed DOA by us within 7 calendar days of the invoice date in order to receive a replacement unit. In particular, please note that any items returned to us which you claim to be faulty or incomplete are checked and verified by our technicians. Any returned items that are found not to be faulty or incomplete will be returned to you and we shall be entitled to charge you for the return carriage costs via your original payment method. In the event that your credit card has expired, or is declined we will hold the item(s) until full payment has been made for the return carriage. 16.1 - We treat data as an asset that must be protected against loss and unauthorized access. However, no information transferred over the Internet or wireless network can be guaranteed to be completely secure. We employ many different security techniques to protect such data from unauthorised access by users inside and outside the company. 16.4 - This policy covers all users who register to use our website. It is not necessary to register in order to gain access to the searching facilities of the site, but we may restrict access to certain areas. Access to our website is free of charge to all users. 16.5 - If you choose not to register or not to provide personal information, you may still visit our website but you will not be able to access the restricted areas available to registered users. By completing the registration process, you accept these Terms & Conditions described and consent to our using your information accordingly.
16.8 - This privacy policy covers both our onsite and online services through our website at http://www.ALM Micros.com or http://www.ALM Micros.co.uk. Other links within this site to other websites or framed third party sites are not covered by this policy. We may continue to use your personal information for a period after you cease being a registered user. 16.11 - Our website is not intended for children and we ask that no-one under the age of 12 submits personal information to us or uses the site without supervision of a parent or guardian. 17.2 - Many of the goods we sell are of a technical nature and whilst we Endeavour to publish as much information as is practical about the goods, the descriptions of the goods are as set out on the website. All drawings, photographs, descriptive matter, colour, specifications, figures as to performance, particulars of weights and dimensions and 17.3 - advertising on our website, catalogues, price lists or elsewhere are for the sole purpose of giving an approximate idea and merely intended to represent a general information of the Goods or Services. They will not form part of the contract between us. |
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