Below is the Standard Terms and Conditions, as used by NetResponse, followed by the standard disclaimer, which details warranties and customer supplied equipment.
Definitions
“Hardware” means computer systems (excluding software) and related parts.
“Software” means software products whether owned by customer or licensed directly to customer from a third party.
“Product” or “Products” includes Hardware and Software.
“Peripheral” means any device with an external connection to the computer system such as printers, monitors and scanners.
Customer acknowledgment
Customer acknowledges agreement with these Terms of Sale by the placement of an order to purchase a Product or Service from NetResponse
Unless otherwise agreed in writing before work commences, between NetResponse and the customer, these standard Terms and Conditions apply to all work undertaken by NetResponse on behalf of the customer.
Non-exhaustive list of types of work carried out and explanation of terms:-
Consulting
Diagnosis
Software and/or hardware, and/or system analysis, and diagnosis of existing and potential problems, improvements, usage and impacts.
Specification
Software and/or hardware, and/or system specification, based upon analysis of customer requirements input, environment, how used and needs.
Design
Supply of software and/or hardware, and/or system design(s), prototype(s) or production unit(s); including where appropriate – documentation, manual(s), spares kit(s), prototype(s) and production unit(s).
Contracting
Software writing to customer supplied specification of programme requirements, including user interaction methods if any, programme function, programme error reporting, environment and platform to be used in, language(s) to be used. Contracting of another specified function as agreed beforehand.
Installation
Installation, cabling, setup and configuration of customer supplied equipment for customer’s application within one building on one site.
Prices
All work is charged at rates detailed on the Pricing section of the netresponse.co.uk website. These prices are liable to change without prior notice or notification.
Copyright
NetResponse will hold copyright on all work carried out, however NetResponse may release copyright to the customer should this be requested in writing.
Terms of Payment
For customers with credit facilities, payment is on a 30 calendar days net basis, from date of invoice, payable by cash, cheque, electronic transfer of funds or bankers draft in the favour of NetResponse; or by BACS payment. All other customers are required to pay the full amount or remaining amount to be paid at job completion.
Work involving design or supply of hardware requires a 50% deposit, prior to start of work.
Commencement of Work
Work will commence at the prior agreed time between NetResponse and the customer, upon receipt of Purchase Order(s) or completion of a Job Sheet.
Ownership
Ownership of goods, services, or results of services remains the property of NetResponse and is transferred upon receipt of all payments (cleared funds) in full.
Limitation of Remedies and Damages
Customer agrees that NetResponse‘s liability and customer’s sole and exclusive remedy pursuant to any claim of any kind, including, but not limited to, a claim in contract, tort, negligence or strict liability shall be (i) repair or replacement, at NetResponse‘s option, of defective Hardware or parts thereof, or (ii) a refund of the price allocable to the defective Hardware or part thereof if NetResponse is unable to effectively repair or replace such defect within a reasonable time. Customer shall not be entitled to a refund of any service charges paid to NetResponse. Any replacement Hardware or parts shall be new or serviceable used Hardware or parts and are warranted for the remainder of the original warranty period. UNDER NO CIRCUMSTANCES SHALL NetResponse OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY WHATSOEVER FOR ANY COMPENSATORY, PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUE, LOSS OF USE, LOST PRODUCTION, LOST DATA, OR COST OF REPLACEMENT HARDWARE OR SOFTWARE.
Customer acknowledges and agrees that the performance of certain repair services to customer’s Hardware by NetResponse may void certain warranties provided by the manufacturer of such Hardware. CUSTOMER ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES SHALL NetResponse. OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY WHATSOEVER FOR ANY ACTUAL, COMPENSATORY, PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES AS A RESULT OF THE VOIDING OF ANY SUCH WARRANTIES.
Errors and Omissions
NetResponse makes every effort to ensure the accuracy of the information published in our literature, quotes and on our Web site(s). However, the documents and graphics published on this site may contain technical inaccuracies or typographical errors. NetResponse makes no representations about the suitability of the information and graphics presented on this site. All such documents and graphics are provided “as is” without warranty of any kind.
If an error is made and a product is listed at an incorrect price, NetResponse shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, NetResponse shall immediately issue a credit in the amount of the incorrect price.
Note: We do not guarantee NetResponse prices listed on other Web sites or price engines.
Standard Disclaimers
Warranties
Unless described in the exceptions section, all hardware is warranted for 6 months from the date of supply. Any warranty on services or results of services are made solely at the discretion of NetResponse. This applies only to the parts supplied by NetResponse, and all warranties are voided, if the product is not as sold, modified by customer or parties acting upon the customer’s behalf, or the product is used or has suffered from use or events that it was not designed for, or beyond the control of the customer and/or NetResponse.
All warranties commence from the date of invoice to customer from NetResponse.
Customer Specified/Supplied Equipment
Where work is carried out using equipment and/or software and/or procedures and/or facilities, supplied or at the instruction of the customer, which is then found to be faulty, all work carried out to identify and rectify the problem is chargeable in addition to any quote or order at the suitable rate to the customer. Whether directly instructed to carry this out or not by the customer, when this has to be carried out in order to complete the work for the customer.
All warranties on any such repairs, modifications and/or rectification of problems, are the responsibility of the customer to arrange with parties who actually perform said tasks.
These conditions are liable to change without prior notice or notification.
All terms to be compliant with English Law as compliant at time of invoicing with the laws of England & Wales.
All statutory rights to be unaffected.
Disclaimer
NetResponse makes every effort to ensure that the information published on this site is correct. However, we do not either warrant or assume any legal liability for the accuracy of any information disclosed.
NetResponse is not responsible for the contents of any off-site pages or links referenced. The presence of a hyperlink from a page does not imply any kind of endorsement of the content of these pages or links by NetResponse.
NetResponse cannot be held responsible for any special, direct, indirect or consequential loss or damage to users’ computers resulting from the use of this website or its services.