Terms & Conditions

Terms and Conditions

 

1. Interpretation

 

1.1 In these conditions:

 

a) “Neos-IT” means Neos-IT Limited, registered in England under company number 4235890.

 

b) “Customer” means the person accepting Neos-IT’s quotation for the sale of goods, whose order for goods is accepted by Neos-IT.

 

c) “Goods” means any product or services which are supplied in accordance with these conditions.

 

d) “Conditions” means the standard terms and conditions of sale set out in this document, including any special terms & conditions agreed in writing between the Customer and Neos-IT.

 

e) “Contract” means the agreement for the purchase and sale of Goods.

 

f) “Writing” includes telex, cable, email, facsimile transmission, electronic or any other comparable means of communication.

 

g) “Force Majeure” means any cause affecting the performance of Neos-IT of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control (but not limited to) government regulations, fire, flood or any disaster or industrial dispute affecting a third party.

 

1.2 The headings in these conditions are for convenience only and shall not affect their interpretation.

 

2. Basis of sale

 

2.1 Neos-IT shall provide and the Customer shall purchase the Goods in accordance with and upon acceptance of Neos-IT’s written quotation or the Customer’s written order, subject in either case to these conditions, which govern the Contract to the exclusion of any other terms and conditions.

 

2.2 No variations to these conditions shall be binding unless in Writing between the authorised representatives of the Customer and Neos-IT.

 

2.3 Neos-IT’s employees or agents are not authorised to make representations concerning the Goods unless confirmed by Neos-IT in Writing. In entering into the Contract the Customer acknowledges that it does not rely on and waives any claim for breach of any such representations which are not confirmed.

 

2.4 Any advice or recommendation given by Neos-IT (or its employees or agents) to the Customer (or its employees or agents) as to the storage, application or use of the Goods which is not confirmed in Writing by Neos-IT, is followed or acted upon entirely at the Customers own risk. Neos-IT shall not be liable for any such advice or recommendation which is not so confirmed.

 

2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Neos-IT shall be subject to correction without any liability on the part of Neos-IT.

 

3. Orders and Specifications

 

3.1 The Customer shall be responsible to Neos-IT for ensuring the accuracy of the terms of any order submitted by the Customer, and for giving Neos-IT any necessary information relating to the Goods within a sufficient time to enable Neos-IT to perform the Contract in accordance with its terms.

 

3.2 The quantity, quality and description of, and any specification for the Goods shall be those set out in Neos-IT’s quotation (if accepted by the Customer) or the Customers order (if accepted by Neos-IT).

 

3.3 Neos-IT makes every effort to supply the goods as advised but reserves the right to supply the Goods subject to minor variations in actual dimensions, specifications and, in the case of bulk items, quantities, without prior notice.

 

3.4 Due to current manufacturing methods of active matrix display panels, a small percentage of sub-pixel anomalies (i.e. a pixel stuck on or off) are accepted by the industry as unavailable. Accordingly because the manufacturing yield of perfect matrix is low, displays may have some sub-pixels that are either always on or off. The cost of accepting only theoretically perfect displays would almost double the price of a portable computer using an LCD screen. Please be aware of this before purchasing a TFT screen. Neos-IT has to adhere to the manufacturer’s guidelines stipulating that a given number of pixel failures are deemed acceptable before the TFT screen is accepted for replacement on grounds of fault.

 

3.5 No order which has been accepted by Neos-IT may be cancelled by the Customer except with the agreement in Writing of Neos-IT and on terms that the Customer shall indemnify Neos-IT in full against all loss (including loss of profit), cost (including the cost of all labour and materials used) damages, charges and expenses incurred by Neos-IT as a result of cancellation.

 

3.6 All specifications, descriptions and samples are approximate only and intend to be a guide and Neos-IT accepts no liability for their accuracy. Neos-IT may alter the goods to introduce improvements. No such variation shall entitle the Customer to rescind the Contract or shall be the subject of any claim against Neos-IT.

 

4. Prices

 

4.1 Goods and services, together with VAT, are invoiced at the price prevailing at the time of order.

 

4.2 Neos-IT reserves the right to modify the price from time to time.

 

4.3 All on-site work necessary for the provision of Goods will be charged at Neos-IT’s standard rate for each hour or part there of that an engineer is at the Customers site.

 

4.4 All prices quoted are valid for a 14 day period; they may be altered by Neos-IT without giving notice to the Customer.

 

5. Terms of Payment

 

5.1 Subject to any special terms agreed in Writing between the Customer and Neos-IT, Neos-IT shall be entitled to invoice the Customer for the price of the Goods on or any time after Neos-IT has tendered delivery of the Goods or, if the Goods are to be collected by the Customer, at any time after Neos-IT has notified the Customer that the Goods are ready for collection.

 

5.2 The Customer shall pay the price of the Goods (less any discount to which the Customer is entitled, but without any other deduction) within 30 days of the date of Neos-IT’s invoice, not withstanding that delivery may not have taken place, and the property in the Goods has not passed to the Customer. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued upon request.

 

5.3 If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to Neos-IT, Neos-IT shall be entitled:

 

a) cancel the Contract or suspend any further deliveries or services to the Customer,

 

b) appropriate any payment made by the Customer to such of the Goods (notwithstanding any purported appropriation by the Customer) and;

 

c) charge the Customer interest (both before and after any judgement) on the amount unpaid, at the rate of 3 per cent per annum above HSBC Bank Plc base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

 

5.4 Credit limits may be given to approved accounts at the sole discretion of Neos-It, but Neos-IT will require both bank and trade references. At its sole option Neos-It may cancel or amend a credit limit previously granted.

 

5.5 Neos-IT accepts payment by cash, cheque or electronic transfer. All payments must be received in UK pounds sterling and the Customer shall ensure they are free from any charge, lien or other encumbrance.

 

6. Delivery, Title and Risk

 

6.1 Except in the case of bespoke items, Goods will be procured upon receipt of an order from the Customer. Delivery of the Goods shall be made by Neos-IT and, unless otherwise agreed in Writing, carriage paid by the Customer.

 

6.2 Any time or date stated for delivery is an estimate only. Neos-IT makes every effort to deliver Goods on time, but does not accept liability for failure to deliver within the stated time.

 

6.3 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by Neos-IT to deliver any one or more of the instalments in accordance with these Conditions, or any claim by the respect of any one or more instalments shall not entitle the Customer to treat the Contact as a whole as repudiated.

 

6.4 Neos-IT does not accept liability for shortages or damage to deliveries unless the customer notifies Neos-IT of the shortage or damage in Writing within 2 days receipt of the delivery.

 

6.5 Delivery is deemed to take place when the Goods are delivered to the Customer’s nominated address, whereupon the risk of loss, breakage and all damage and all other risks shall pass to the Customer.

 

6.6 Title in the Goods does not pass to the Customer until payment is received in full by Neos-IT.

 

6.7 If the Customer cannot accept delivery, Neos-IT may as its option:

 

a) store the Goods and insure the Goods at the Customers expense and risk or

 

b) sell the Goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price and charge the Customer for any shortfall or

 

c) re-arrange delivery provided that Neos-IT may charge the Customer for the additional delivery costs incurred.

 

7. Defective Goods, Claims and Returns

 

7.1 No claim for damages shall be accepted for Goods differing in quantity or description from the particulars on the delivery note unless Neos-IT is notified in Writing by the Customer within 2 days of delivery and the onus is on the Customer to prove any shortage.

 

7.2 Neos-IT will not accept return Goods for credit or rectification unless such return has been first authorised with an allotted returns number and the Goods are returned back to the returns centre named by Neos-IT at the risk and expenses of the Customer in stock conditions with correct packaging within 5 days of delivery. Neos-IT retains the sole discretion whether to accept return of the Goods or whether to rectify or replace the Goods or whether to issue a credit note in respect thereof. Neos-IT reserves the right to charge a re-stocking fee of not exceeding 20% of the purchase price, providing the Goods are in original stock condition.

 

8. Customers Property

 

8.1 If supplied to Neos-IT by the Customer, the Customer’s property shall, while it is in the possession of Neos-IT or in transit to and from the Customer, be deemed to be at the Customers risk and must be insured accordingly.

 

8.2 Neos-IT shall be entitled to make a reasonable charge for the storage of any of the Customer’s property left with Neos-IT before receipt of the order or after notification to the Customer of completion of the work.

 

9. Warranties and Liability

 

9.1 Subject to the conditions set out below, Neos-IT warrants that the Goods will correspond with their specifications at the time of delivery and will be free from defects.

 

9.2 The above warranty is given by Neos-IT subject to the following conditions.

 

a) Neos-IT shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow Neos-IT’s instructions (whether oral or written), misuses or alteration or repair of the Goods without Neos-IT’s approval;

 

b) Neos-IT shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the date for payment.

 

9.3 Where any valid claim in respect of any of the Goods which based on any defect in the quality or condition of the Goods on their failure to meet specification, is notified to Neos-IT accordance with these conditions, Neos-IT shall be entitled to replace the Goods (or the part in question) free of charge or, at Neos-IT’s sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price) but Neos-IT shall have no further liability to the Customer.

 

9.4 Neos-IT shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships, loss of data and other financial loss. (“Financial loss” in this sense does not refer to the price the Customer has paid for the Goods, which Neos-IT may be liable to refund to the Customer, in whole or in part, if the Goods are faulty or do not comply with the description). Neos-IT’s liability in respect of all other losses shall be limited to the invoiced amount of the relevant order, provided it has been paid.

 

9.5 Neos-IT shall not be liable to the Customer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of Neos-IT’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond Neos-IT’s reasonable control.

 

9.6 Neos-IT’s liability to the Customer for any default or breach whatsoever and howsoever arising shall in no case exceed the invoice value of the Goods.

 

10. Insolvency of the Customer

 

10.1 This clause applies if:

 

a) the Customer makes a voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction): or

 

b) an encumbrance takes possession, or a receiver is appointed, of any of the property or assets of the Customer, or the Customer ceases or threatens to cease, to carry on business; or

 

c) Neos-IT reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.

 

10.2 If this clause applies, then without prejudice to any other right or remedy available to Neos-IT, Neos-IT shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Customer, and if the goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

 

11. Health and Safety

 

11.1 In accordance with the Health and Safety at Work etc Act 1974 and the Consumer Protection Act 1987, Neos-IT confirms that the goods it supplies as a distributor do not present a hazard to health and safety:

 

a) when properly used for the purpose for which they are designed;

 

b) if the customer takes reasonable and normal precautions in their use.

 

12. Force Majeure

 

12.1 Where, in spite of its reasonable efforts, Neos-IT is unable to perform an obligation due to force majeure, it shall not be deemed to be in breach of its contract with the Customer.

 

13. Trade Names and Trade Marks

 

13.1 Trade names and marks are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with some products.

 

13.2 In the case of component purchases, Customers requiring a particular brand of product should, before placing an order, check with Neos-IT the identity of the manufacturer of component it is proposed to purchase.

 

14. Errors and Omissions

 

14.1 Neos-IT makes every effort to ensure that all prices and descriptions quoted are correct and accurate. However, it is inevitable that mistakes will occasionally occur. In the case of an error or omission, Neos-IT will be entitled to rescind the contract, notwithstanding that it has already accepted the Customers order and/or received payment from the Customer. Neos-ITs liability in that event will be limited to the return of any money the Customer has paid in respect of the order.

 

15. General

 

15.1 Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified, pursuant to this provision to the party giving the notice.

 

15.2 No waiver by Neos-IT of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.

 

15.3 If any provision of these Conditions is held by a competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

 

15.4 Neos-IT reserves the right to change or amend these terms and conditions at any time and without prior notice.

 

15.5 This Contract is and shall be deemed to have been made in England and shall in all respects be governed by English Law.

 

15.6 Nothing in these terms and conditions affects your statutory rights as a consumer.