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INTERNATIONAL COMPUTER PURCHASING LIMITED
GENERAL TERMS AND CONDITIONS OF SALE
In these Conditions (unless the context otherwise requires) the following terms have the meanings set out below:
the person who agrees to purchase the Products from the Seller subject to these Conditions whose details may be set out on the order acknowledgement;
the terms and conditions of sale set out in this document;
the agreement between the Seller and the Buyer for the sale and purchase of the Products;
the address for delivery of the Products which shall be the Buyer's principal place of business unless specified overleaf;
the date on which the Seller estimates that the Products will be delivered which may be set out overleaf;
The export regulations made available from time to time by manufacturers of the Products or relevant government bodies including but not limited to http://www.cisco.com/web/about/doing_business/legal/global_export_trade/general_export/contract_compliance.html and http://ec.europa.eu/trade/import-and-export-rules/export-from-eu/dual-use-controls/;
the goods and/or services which the Seller is to supply to the Buyer in accordance with these Conditions and which may be listed overleaf;
International Computer Purchasing Limited (Company Number: 04436656) whose principal place of business is at Unit E Lexicon House Third Avenue, Poynton Industrial Estate, Poynton, Stockport, Cheshire SK12 1YL;
and in either case shall be entitled to charge interest (both before and after any judgment) on the price payable for the Products under the Contract at 4% over the base rate from time to time of Royal Bank of Scotland PLC together with all costs and expenses incurred by Seller in storing Products, rearranging re-performing delivery of Products from the Estimated Delivery Date to the date of actual delivery.
The remedies available to the Seller under the Contract shall be without prejudice to any other rights, either at common law or under statute, which it may have against the Buyer.
The failure or delay of the Seller to enforce or to exercise, at any time or for any period of time, any term of or any right, power or privilege arising pursuant to the Contract does not constitute and shall not be construed as a waiver of such term or right and shall in no way affect either party's right later to enforce or exercise it nor shall any single or partial exercise of any remedy, right, power or privilege preclude any further exercise of the same or the exercise of any other remedy, right, power or privilege.
The Contract is personal to the Buyer and the Buyer may not assign, transfer, sub-contract or otherwise part with the Contract or any right or obligation under it without the prior written consent of the Seller.
Neither party shall be liable to the other if its performance of its obligations under the Contract (other than an obligation to pay money) is prevented or hindered due to any circumstances outside its control.
Clause headings are purely for ease of reference and do not form part of or affect the interpretation of the Contract.
The Contract contains all the terms agreed by the parties relating to the subject matter of the Contract and supersedes any prior agreements, understandings or arrangements between them, whether oral or in writing, and no representation (unless made fraudulently), undertaking or promise shall be taken to have been given or been implied from anything said or written in negotiations between the parties prior to the Contract except as set out in the Contract.
No variation or amendment to the Contract shall be effective unless in writing signed by authorised representatives of the parties.
In the event of any conflict between the provisions of the Contract and of any other agreement referred to in the Contract, the provisions of the Contract shall prevail.
Nothing in the Contract is intended to confer on any person any right to enforce any clause of a Contract which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999.
CISCO LIMITED END USER LICENSE AGREEMENT