We request you agree to. . .
Qual-IT London Limited t/a Qual-IT Terms & Conditions of Service
All customers agree to be bound by terms and conditions of service set below
www.qualit-uk.com is a wholly owned subsidiary of Qual-IT London Limited.
and herein www.qualit-uk.com refers to Qual-IT London Limited.
All Buyers agree to be bound by terms and conditions of service set below.
0.0 Terms used herein
0.1 The terms “Consumer” and "Buyer" laid out in this document shall have the meaning as stated in Section 12 of the Unfair Contract Terms Act 1977. These two terms signify the person or Organisation that The Company enters into a contract of sale with.
0.2 "Contract" shall mean the contract between the seller and the buyer, for the sale and purchase of goods that incorporate these terms and conditions.
0.3 "Website" and "Online" refer to the website www.qualit-uk.com, which is operated by The Company.
0.4 All Buyers agree to be bound by the terms and conditions of service which are outlined below.
0.5 Nothing in these terms and conditions shall affect the Buyer’s statutory rights as a Consumer.
0.6 These terms and conditions shall apply to all contracts of sale between The Company and the Buyer.
1.0 General
1.1 By accepting a quotation or an estimate for Products and/or Services issued by The Company, the Buyer shall be deemed to be in acceptance of these terms and conditions.
2.0 Contract of Sale
2.1 No contract with respect to the sale of goods or services shall exist between The Company and the Buyer until an order has been accepted and paid for in full. The buyer’s acceptance of the delivery of goods shall create a contract for their sale, formed at the moment of purchase.
2.2 The Company reserves the right to reject or cancel any contract of sale for any reason. In such cases an explanation will be given and a full refund will be made to the Buyer.
2.3 The Company reserves the right to withdraw any goods, quotations or estimates that have been issued on their website at any time without notice. The Company will not be liable to any party for withdrawing goods from the website or for declining to process an order.
2.4 The Company further reserves the right to cancel orders it believes to be fraudulently placed.
2.5 The Company may terminate a contract or suspend its obligations under any contract forthwith by notice in writing to the Customer if the customer defaults in making payments for any of the products or services supplied by The Company.
2.6 The Buyer waives any right they might have to claim for any damages arising from the use or misuse of any products (hardware and software) or documentation and services supplied by The Company, and/or to rescind a contract because of any misrepresentation by The Company (unless such misrepresentation was made fraudulently).
2.7 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by The Company.
3.0 Price
3.1 The Company reserves the right to amend quoted prices at any time. Quotations made are subject to stock availability and price at the time of ordering. The Company will endeavour to ensure prices are correct at the point at which the Buyer places an order.
3.2 Where goods have been ordered by the Buyer which are not currently in stock, the Buyer shall be notified and given the option to either wait until the goods are available or to cancel their order, receiving a full refund within seven business days.
3.3 Prices quoted by The Company will include UK VAT unless otherwise specified or agreed via European business tax exempt agreements prior to the order being placed. The Company does not partake in VAT exempt schemes within the European Union for non business clients, BFPO addresses or UK residents.
3.4 All prices for Products or Services stated in any quote or estimate are in acceptance and are those current at the time of the Customer's enquiry and will be valid for 48 hours and subject to available stock.
3.5 The Company reserves the right to update prices on the Website at any time, which may not guaranteed. Prices quoted on the Website exclude delivery charges, which vary geographically.
3.6 The Company will endeavour to ensure prices are correct at the point where the Buyer places an order.
4.0 Order Processing
4.1 Where goods have been ordered by a specific part number The Company reserves the right to substitute the product with a compatible part of the same specification and price.
4.2 Orders placed online are processed Monday to Friday between 10am and 6pm. Weekend orders are processed the next business day.
4.3 Orders placed online are confirmed immediately and a confirmation e-Mail is sent to the address the Buyer uses to register with online.
4.4 Orders placed before 3pm Monday to Friday will despatch the same day. Weekend orders are despatched the following Monday. In some special circumstances such as The Company requiring more information from The Buyer, the despatch may be delayed. In these circumstances the Buyer will be notified, provided the Buyer has submitted a valid e-mail address or telephone number.
4.5 The Company and associated warehouses are closed at weekends.
5.0 Invoices
5.1 VAT invoices are sent by e-Mail to the address the Buyer uses to register with The Company, within 1 business day of purchase.
6.0 Payment
6.1 The Buyer has the right to cancel their order for any reason within 7 days. Cancellations should be confirmed with The Company before the items have despatched. If this is not possible the Buyer must refuse delivery of the items which will be automatically returned to The Company and a refund will be issued to the Buyer.
6.2 All goods must be paid for in advance of the delivery.
6.3 The Company may withhold or cancel any deliveries under the contract of sale and recover all losses resulting from the Buyer if the Buyer fails to make a payment on the due date.
6.4 Where electronic fund transfers are involved for the payment of goods or services the Buyer must allow four business days for the payments to reach The Company.The Company reserves the right not to release any products or continue to provide any services until such payments are cleared and credited to The Company’s bank account.
6.5 All goods are posted by trackable services. Tracking information is available by request the following business day after the order has been placed by the Buyer.
6.6 Credit accounts are not offered.
6.7 Purchase orders are accepted from UK government only, which includes schools, colleges, universities and academies. Payment must be received within 30 days of the invoice date. This service can be withdrawn for any reason by The Company without notice.
6.7 The customer agrees to make all payments due under this contract.
7.0 Delivery
7.1 Any dates quoted by The Company for delivery of Products or the provision of Services whether verbally or otherwise are estimates only and whilst The Company will use all reasonable endeavours to meet such dates it cannot guarantee to do so.
7.2 Delivery prices quoted online do not include VAT. The delivery price includes the postage and the packing materials and is therefore subject to UK VAT.
7.3 The Buyer will be responsible for any import duties, taxes, or delivery charges not levied by The Company but incurred by 3rd parties
7.4 The Company will use all reasonable endeavours to meet any date agreed for delivery of goods however failure to do so shall not constitute a breach of this contract. Where a specific delivery date cannot be met the Buyer will be notified and given the option either to agree a new delivery date or to receive a full refund within seven business days.
7.5 The time of delivery shall not be assured and The Company shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet the estimated delivery date however they have been caused.
7.6 Where the Buyer chooses to pay The Company using PayPal, The Company will only deliver the items to the Buyer's verified address held within their PayPal account. The Company reserves the right to cancel orders where the Buyer has no verified address with PayPal.
8.0 Cancellation
8.1 The Buyer has the right to cancel the order if they are a Consumer however, the cancellation must occur before the screen has been despatched.
8.2 If The Buyer is a Consumer, they shall have the right, in addition to The Buyer's statutory rights, to cancel the contract and receive a refund by informing The Company in writing within fourteen business days of receipt of the goods.
8.3 All goods must be returned to the Seller at the Buyer's expense in their original packaging and condition within 7 days of the cancellation date.
8.4 The Buyer will receive a refund of all monies paid for the goods, excluding any delivery costs.
8.5 Where goods returned are found to be damaged as a fault of The Buyer, the Buyer will be liable for the cost of remedying such damage.
9.0 Returns
9.1 All returns authorisation must be first obtained by the Buyer from The Company prior to the return of any item.
9.2 The Company will respond to a request for the return of a product within 1 business day.
9.3 The Buyer shall not be entitled to return any product or cancel any orders that The Company have accepted without The Company’s prior written agreement.
9.4 Items sent back to our head office address published on this website will be rejected.
9.5 Items sent back without a valid returns number will be rejected.
9.6 The Company will not be liable for items returned that are rejected.
9.7 Unwanted goods or goods purchased in error must be returned in their original packaging, clean and unused, within 14 days of purchase.
9.8 Goods received damaged or dead on arrival will be replaced or refunded under The Company’s warranty agreement and must be reported to The Company within 7 days of receipt. Failure to do so may result in The Company rejecting any return.
9.9 Goods returned for other reasons will remain at The Company’s discretion. Refunds on such goods may be refused or an additional restocking fee may be charged to cover additional costs. The Buyer has a duty to take reasonable care to see that the Goods are received back by The Company are not damaged in transit. Where the Buyer cancels the contract the goods must be returned to The Company. We will not be responsible for goods returned to us that are lost in transit. We reserve the right to vary this specification at any time.
10.0 Refunds
10.1 Items returned for refund will be processed within 7 days of receipt.
10.2 Refunds will be made to The Buyer, excluding any postage costs incurred by The Company within 48 hours of processing.
10.3 The Buyer will be notified of any refund in writing and a credit note document will be issued on the same day the refund is made.
10.4 Refunds are only returned via The Buyer’s original payment method for security reasons.
10.5 The Company does not make refunds via BACS or CHAPS bank transfer to banks outside of the United Kingdom. Buyers outside of the UK must receive a refund via their original payment method.
11.0 Retention of Title
11.1 The Company and the Buyer agree that until The Company has been paid in full for the goods, goods will not be despatched. The goods shall remain the property of The Company until such time the goods are paid for in full.
11.2 All risks in respect of the goods shall be assumed by the Buyer upon delivery of the same to him.
11.3 The Company takes no responsibility for the fitting of any supplied product(s) by the Buyer. If the Buyer damages the supplied product(s) whilst fitting, the responsibility is that of the Buyer.
11.3 The Buyer shall not be entitled to return any product or cancel any orders that The Company have accepted without The Company’s prior written agreement.
11.4 The Buyer shall examine their goods on their arrival. The Company reserves the right to reject claims, based on the damage in transit or non delivery of items 28 days after the due date for delivery.
11.5 In the case of contracts for goods for delivery to third parties, the goods shall apply as if the Buyer had received the goods which are delivered to the third party.
12.0 Limited Warranty
12.1 The warranty period is 90 days from the date of delivery. The warranty type is return to base, the Buyer is responsible for return shipping costs. Replacements will not be sent in advance, all items must be returned for inspection before replacements or refunds can be made.
12.2 The Company will guarantee the warranty covering any visible defects or damage in products received by The Company under agreement with the manufacturer or supplier of the relevant product.
12.4 The Company takes no responsibility for damages arising from the use or misuse of any supplied product(s) by the Buyer. This includes the fitting or installation process(es).
12.5 If the Buyer damages the supplied product(s) whilst fitting, the responsibility is that of the Buyer and The Company reserves the right to reject claims under warranty for products that have been damaged in this manner.
12.6 The Company will test and inspect any good returned before any decision for refund or replacement is made. If goods are found to be damaged by the Buyer, The Company reserves the right to reject any claim for refund and the Buyer will be charged shipping to return the item.
13.0 Defective Goods
13.1 The Company’s liability (both in contract and in tort) in respect of defects in goods shall be limited to the replacement of the faulty item(s), or the issue of a credit note in respect thereof, or the granting of a refund, which is at The Company’s discretion.
13.2 Where a claim of defect or damage is made the Goods shall be returned by the Buyer, at the Buyer's expense, to The Company within 14 days of delivery. The Buyer shall be entitled to a replacement or a refund of the product at The Company’s' discretion.
13.2 Such measures will only refer to the faulty item or their value and The Company will not in any circumstances be under liability to the Buyer regarding indirect or consequential loss of damage or loss of profits sustained by the Buyer PROVIDED that these conditions do not exclude or restrict The Company’s liability for death or personal injury from its negligence.
13.3 Where the lcd panel has alleged defects of dead pixels, “the Company” may in its sole discretion replace the lcd screen if the screen is displaying more than 4 “dead pixels”. With production techniques today incorporating faults into the display technology during manufacture, the “ Company” cannot guarantee a screen with no dead pixels. This is because all laptop screens produced today are supplied from the manufacturers with a percentage of dead pixels acceptable as a feature of the technology of LCD that is used. This includes Grade A+ screens. Up to 4 isolated constant lit or unlit pixels may be present without warranting a defect has occured with the screen. To regulate the acceptability of defects and to protect the end user, ISO have created a standard for manufacturers to follow. ISO-13406-2 recommends how many pixel faults are acceptable before a laptop screen can be replaced under "The Company's" contract of sale. The “Company” is not obliged to replace the lcd screen during the warranty period if the screen has four dead pixels or less. This does not affect your statutory rights and screens can still be returned to us within 14 days of receipt for a refund or credit note if they are unwanted. In this instance a RMA must be requested.
14.0 Chargebacks / fraud.
14.1 If the Buyer has purchased an item in error, is having problems with a transaction or the return of a product or any other difficulty, including the receiving of an product in error; The Company must be contacted in the first instance and immediate assistance will be provided to The Buyer.
14.2 Buyers who instigate fraudulent chargebacks will be reported to all major credit card rating agencies. In all cases where the chargeback is clearly fraudulent and with ill intent, The Company also reserves the right to file a report with the customer’s local police as this is a serious fraudulent criminal act.
14.3 The Buyer may be prosecuted under relevant local anti fraud laws or via internationally agreed European Laws.
14.4 The Company takes fraudulent crime very seriously and works closely with the local authorities to prosecute criminals involved in fraudulent activities.
14.5 Orders placed online will have the Buyer's IP address recorded in addition to other security checks The Company may decide to instigate and record, such as address verification checks and IP address location checks.
14.6 All orders sent out are trackable, and processed through a 3D secure gateway or via PayPal on the website.
14.7 Fraudulently disputed charges (chargebacks) will be repayable to The Company at the full charge amount plus the bank chargeback fees. Customers will be notified that they have thirty (30) days to pay in full, and if they do not, they will be processed by The Company’s' third-party collection agency.
14.8 The customer’s account will be reported to all credit rating agencies; this will seriously damage the customer’s credit rating for at least the next seven (7) years.
14.9 In chargeback circumstances The Company will no longer accept a return of the merchandise as settlement for the debt and will only accept payment in full.
14.10 The Company may use a collection agency to recover the costs if we have not heard from the customer within 30 days.
15.0 Complaints
15.1 All complaints must be addressed to The Company and sent via letter or by email.
15.2 The Company will respond in writing to any complaint within seven business days.
16.0 Limitation of Liability
16.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatsoever.
16.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
16.3 No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
17.0 Export Control
17.1 The Company will not supply goods outside the UK covered by the Export of Goods (Control) Act 1987 (or any of the amendments) or the Export Administration Act 1979 (as amended) of the USA without obtaining all necessary licences and will not supply such goods within the UK to a purchaser knowing (or being given reasonable grounds to suspect that) the purchaser intends to export such goods without obtaining the necessary licenses first.
17.2 Items sent within the European Union are subject to relevant laws in the country of delivery.
18.0 Force Majeure
18.1 The Company reserves any right to cancel, vary or suspend the operation of the contract of sale if events occur which are in the nature of Force Majeure including (without prejudice) fire, floods, storms, plant breakdown, strikes, lockouts, riots, hostilities, non-availability of materials or supplies or any other event outside the control of The Company.
18.2 The Company shall not be held liable for any breach of contract resulting from such an event. In these circumstances The Company will be entitled to a reasonable extension of its obligations.
19.0 Changes to these Terms and Conditions
19.1 The Company reserves the right to modify these terms and conditions at any time but this right shall not affect the existing terms and conditions accepted by the Buyer upon making their purchase.