TERMS AND CONDITIONS OF TRADING
MAIN COMPUTER SERVICES LLC
All sales for goods and services made by Main Computer Services LLC are subject to these standard Terms & Conditions, except where agreed otherwise in writing.
DEFINITIONS :
"Our", "Us" and "We" refers to the seller (vendor) whose trading style appears on your order and invoice. "You" and "Your" refers to the original company, organisation or individual who purchases goods and/or services directly from us. "Reseller" refers to any person or company who purchases items for resale onto a third party. "Consumer" refers to any person who is acting for purposes which are outside his trade, business or profession. In all cases, for 'he' read 'he or she'.
YOUR RIGHTS.
You and We are protected by statutory (legal) rights, according to the laws of The United Arab Emirates. Where statutory legislation exists, or new legislation comes into force, your and our statutory rights are not affected by anything within these terms, and those rights take precedence over these terms. Where any part of these terms is over-ridden by legislation, all other terms still apply. Any order placed with us is subject to acceptance.
1. PRICE :
All prices quoted exclude carriage & customs duties unless otherwise specified, which will be charged at applicable rates and added to the invoice total. Unless explicitly requested, method of carriage will be at our discretion within the Middle East. Any costs omitted or corrections on your invoice will be invoiced / credited later. Please notify us within 72 hours if you believe you have not been invoiced the correct amount and we will correct the error. All advertised / advised / published pricing is subject to change at any time without notice due to market / currency / legislation / fluctuations and other factors. If a price has risen, we will advise before proceeding with an order if you have specified a different price on your order or agreement to proceed.
2. ESTIMATES FOR REPAIR
An estimate for repair will be faxed , e mailed , or telephoned to the customer in order to seek their approval to proceed with the repair. If approval is granted then the repair will proceed and the goods dispatched according to the schedule given to the customer. If the estimate for repair is refused then the goods will be returned to the customer in an " unrepaired condition ". Every effort will be made to contact the customer by whatever means possible . Should the customer fail to respond to email , facsimile , telephone then the procedure will be repeated weekly for 4 weeks . After this period contact will endeavour to be made as " appropriate " . If there has been no response from the customer then after a period of 90 days from the last email or communication the item concerned will revert to the property of Main Computer Services LLC and the goods in question may be disposed of or used for other purposes at their discretion.
3. PAYMENT :
The customer shall pay strictly on invoice , prior to the dispatch of any repaired / unrepaired item. We accept payment by cash, cheque, banker's draft and BACS. If a credit facility is offered, payment must reach us within 30 days of invoice (except where agreed otherwise in writing). If there is an agreed Purchase Order then payment must reach us within 30 days of invoice date . If the customer fails to pay promptly then any previous agreed discounts will be negated. The customer shall pay all accounts in full and not exercise any rights of set off or counter claim. We reserve the right to terminate a customers account should the pre conditions not be adhered to.
4. OVERDUE PAYMENT :
We reserve the right to charge interest on all overdue balances at 3% per month compounded until the date payment is received in full or alternatively, at our discretion, in line with legislation relating to late payment of commercial debts. Interest is charged from the invoice date onwards if payment is not received within 30 days (or as agreed otherwise in writing).
5. DEBT RECOVERY COSTS :
All costs, charges and expenses incurred by us in recovering any debt shall be paid by you. If a payment made by cheque is refused , you shall be liable for all reasonable costs incurred as a result.
6. TITLE :
All goods remain our property until such a time as they have been paid in full, as per all invoices issued by us for those goods. Goods supplied may not be resold by you until they have been paid for in full, unless the new purchaser is made aware that title remains with us until we have been paid in full.
7. DELIVERY & TRANSIT DAMAGE :
Goods damaged in transit must be notified to us within 48 hours of receipt. The customer is expected to carry out a through and reasonable inspection of the goods and in the event of any problem you must notify Main Computer Services LLC either by fax or e-mail. You must retain all the original packaging as that may be required in event of a claim. It is vital that you provide the correct address, in as much detail as possible. If the address you give is incorrect, you may be charged for the re-routing costs. We will use our best endeavours to dispatch goods to you in any promised time frame but we do not guarantee to do so. Where goods are delivered to you by an independent carrier then every effort will be made to ensure that the specified time frame is met. Delivery is on a strict Saturday - Thursday basis.
8. RETURNS :
Should your laptop need to be returned to us , with our agreement , because we have not rectified the original fault the we will repair it under our warranty programme providing the fault is related to or as a direct result of the original repair. Should you have disposed of the packaging and require replacement then a charge will be made. Your carriage costs/charges are not refundable .Where the original purchase had the delivery charge waived ('Free Delivery'), you may be charged the delivery cost originally waived. We may charge a restocking fee of 25 % unused unopened items and additionally for any items missing or damaged, depending on condition.
9. YOUR RIGHT TO CANCEL :
Consumers ordering by email / web / phone / fax / post may cancel an order which is unwanted within two days of receipt of order only in accordance with your statutory rights. Collection / delivery charges may be made and you must retain all goods complete and take reasonable care of them. See also section 7 above. Your right of cancellation does not extend to products whose price is dictated by fluctuations in the financial market e.g. those products we buy in other currencies, products or services which are not included in relevant legislation. You cannot cancel any contract for services carried out by us once they have been started, for example repair for which you have given us the authority to proceed / collection and delivery / packing / handling charges. In order to cancel an order, you must ensure that we receive your notice within two days. In order to avoid any misunderstanding or unnecessary cost, you are strongly advised to check with us before cancelling your order. When returning goods, you should use recorded delivery or some other suitably traceable / insured method.
10. WARRANTIES & SUPPORT
All new goods sold by us are covered by a warranty of 12 months, or that required by applicable law. Used products (including refurbished, second-hand and ex-demo products) will have a warranty of 180 days, except where otherwise specified. Examine the specific product's warranty for details of what type of faults or breakdowns are covered. For any warranty claim, you must have your original invoice. Any extended warranty offered by a manufacturer beyond the 12 months does not form part of your contract with us, though we may handle it on the manufacturer's behalf. Do not attempt to repair, modify or open any product unless specifically advised by us to do so as this will invalidate the warranty. You need your proof of purchase (invoice) for all other support issues. The warranty runs from the original invoice date onwards. If a fault does develop or is found, this must be notified to us promptly. We endeavour to provide technical support and online facilities to assist / enhance your usage of the products purchased from us, however such supply / provision is provided as a courtesy only and not included in your contract with us and may be withdrawn or refused at any time. Should you have cause or reason to return to us , with our agreement , the goods or services that we have offered , because we have not rectified the original repair then we will collect the item ,repair it and deliver it back to you.
11. GOODS SUITABILITY :
It is your responsibility to ensure that the correct goods and correct model are ordered for your purposes. In some circumstances, the capability we specify/advertise of the product may not match that of the manufacturer's or other vendor's published specifications elsewhere, often due to international variations. This may also apply to specifications listed within any packaging and user guide/manuals supplied which may not apply to your particular product, either due to product development, varying models, specification change or local variations. We cannot guarantee that the product will continue to work correctly during your ownership if your original environment changes, for example if your location or other hardware is altered (by you or a third party supplier) such that it is no longer compatible with the product.
12. CREDIT CHECKING / VALIDITY :
We reserve the right to liaise with credit reference in the process of credit card payment especially and other agencies with regard to your status and submit information accordingly and in line with relevant legislation. We also reserve the right to refuse any unexecuted order, without giving a reason. Certain products may only be available to qualifying persons or persons in particular geographical areas.
13. TELEPHONE :
Please be advised that for staff training purposes as well as your and our own security, we may record telephone calls to / from us and such recordings and emails may be supplied to law enforcement or anti-fraud agencies if required to do so .
14. DELIVERY / COLLECTION
All collections / deliveries will be on a strict Saturday - Thursday basis using our own designated carriers. In the majority of cases, unless agreed otherwise, we dispatch using our preferred carrier for a standard delivery which is normally made the three working days after dispatch but no absolute guarantee can be given of this or any other delivery times. Where a premium service is requested and paid for (e.g. Friday ) our liability extends only to a refund of the premium should the delivery not be attempted on time. "Working day" is considered to be Saturday to Thursday, excluding holidays or any other day on which we are closed. Deliveries may be made any time between 9am and 5 pm. Our standard delivery service covers most parts of Middle East. It is essential that someone will be at the delivery address to accept the collection or to receive and sign for the goods.
15. FORCE MAJEUR
If delivery is delayed by some cause that is totally outside the control of Main Computer Services LLC, its agents or carriers then every effort will be made to notify the customer. The customer shall have no redress for a refund of carriage or ancillary charges and will allow such extra time for the goods to be delivered as is considered reasonable.
16. ASSIGNMENT :
We reserve the right to transfer any debt to us or other elements of our contract with you, or other liabilities in part or whole to a third party, any such assignment or transference will maintain all existing contractual terms. This may include the use of a factoring or other finance company for the assignment of your debts to us. All existing liabilities from us to you, and vice versa will remain valid, including any warranties or service agreements.
17. PRIVACY :
When placing an order, we require various personal details from you. It is important that you supply all details requested in order that we can validate orders efficiently. You can be assured that we treat your personal details, including email , your address , payment and credit card details , telephone numbers in confidence. We do not disclose such details to any third party or otherwise use them, except in connection with expediting/processing your orders/products. We do not send out unsolicited emails ('spam') and your email address will not be added to any mailing lists (unless requested). We will not use details of your purchases in our marketing/publicity materials or any other promotion without your consent. These policies exclude any disclosure which we are required by law to make, crime prevention, legal action or any issues relating to product safety. If ultimately we are unable to satisfy ourselves of the validity or other aspects of an order, we may not accept it.
BY PLACING AN ORDER FOR GOODS OR SERVICES WITH US, YOU ARE BOUND BY THESE TERMS UNLESS AGREED OTHERWISE IN WRITING. ALL STATUTORY RIGHTS APPLY AS PER THE STATUTE OF THE UNITED ARAB EMIRATES WHERE APPLICABLE. YOU SHOULD KEEP A COPY OF THESE TERMS.
©2005 Main Computer Services LLC |
