Terms & Conditions of Business

All sales, repairs, websites, or other services provided by or on behalf of Alsager Computers LTD shall be covered by these terms. Please read these terms & conditions of business carefully.

(1) Interpretation

In these terms of sale, “we” means Alsager Computers LTD (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).

(2) PARTS & SERVICES

PARTS

All goods left with us or on order remain the property of Alsager Computers until your bill is paid for in full. Title of goods shall not pass to the customer until payment for the goods has been received in full and any cheques/payments received by the company as payments for goods and or services, have been cleared by our bank

All replacement parts carry a 12 month warranty unless otherwise stated from the date of purchase, pertaining to the parts only. This does NOT cover the labour charge. Parts will be replaced free of charge but a labour charge may be incurred if parts require removal and re-fitting buy a representative of Alsager Computers. This remains at the discretion of us.

If any parts returned to us under the terms of the warranty are found not to be faulty or that a problem is occurring due to a separate issue, there will be a charge at a rate of £65 per hour, with one hour minimum charge. Any parts returned to the company under the terms of the warranty and the fault found to be caused by the customer will be charged at a rate of £65 pounds per hour, one hour minimum charge.

It is the responsibility of the customer to supply all software and other items that were originally supplied with the part in order to return the goods under the warranty agreement. Failure to do so could affect the warranty claim as manufacturers often demand ALL parts returned. We cannot be held responsible for loss of these parts.

We will NOT be liable for the loss or damage to software programs or data during the repair or upgrade of any of the customers Computer equipment. It is the customer’s responsibility to make sure they have an adequate backup of all their data before any work commences. We will, when instructed by the customer assist with the backup and protection of customer’s data at the customer’s request. We will take the utmost care with customer data and backup ourselves when necessary.

Warranty will be void if parts or software are tampered with in any way outside the manufacturer’s guidelines or damaged by the customer. Attempting to repair an issue yourself may void your warranty. This does not affect your statutory rights.

We cannot be held responsible for any delays in replacing parts returned under the terms of the warranty but all reasonable attempts will be to replace the parts as soon as possible.

PHONE & TABLET REPAIRS

Removing a cracked screen may expose other faults which may need to be repaired at additional cost. Other faults may become apparent only after the screen has been replaced and will incur additional charges. If you are unwilling or unable to pay the additional cost, we reserve the right to keep your item and charge interest on any outstanding debt. Alsager Computers is not responsible for any data loss; customers should backup data before bringing any device in for repair.

ENGRAVING

Machine error or power failure could cause irreparable damage to an item while it is being engraved. We are not responsible for any damage or total loss of such items while in our care. Service fees may still be payable even if items are damaged during the engraving process. We reserve the right to keep your items until all outstanding payments are made in full.

DIAGNOSTICS

We reserve the right to charge a diagnostic fee in the event you decide not to complete a repair with us or if the repair is deemed BER (Beyond Economical Repair). This fee will depend on the level of work required to perform the diagnostic and is charges at a minimum of £35/hour. If you decide to have us carry out the repair, the diagnostic fee is waived.

SERVICES

All repairs and/or upgrades will be completed to the direction of the fault(s) described by the customer to the engineer. It is the customer’s responsibility to advice the engineer of all faults that require attention. However, we will advise if we detect further faults.

VIRUS & MALWARE (malicious software) REMOVAL.

By design, viruses and other malware try to avoid detection and removal in order to maximize its effectiveness. Many new viruses and variants are reported on a daily basis and therefore can be difficult to detect and equally remove. We run a range of software applications to detect and aid removal of infections and further more use our experience to manually remove some threats. In rare cases, viruses can re-infect the machine as they have inbuilt stealth capabilities to avoid detection. Due to this, we cannot fully guarantee that the infected computer is 100% clean. If the same virus or malware infection that was detected on initial investigation is reported to us within 2 days from us returning the computer to you, then we will re-investigate this further without charge. If necessary, we may have to re install the operating system or reset the system to a factory state. Failure to report this re-infection to us within this time will result in a further full repair fee being charged for removal. This remains at our discretion.

SOFTWARE UPDATES

We are not responsible for any problems caused by software updates after a device has left our care. Occasionally a Windows update or Antivirus update may cause a problem with your system which will require further repair work to be carried out. This may incur further costs even if the software update is to a program we have supplied.

(3) PAYMENT

Buy the commissioning the services of Alsager Computers for the purpose of computer services, you agree to be bound to these terms and conditions and agree to pay all outstanding balances incurred. All faults and discrepancies must be made in writing within 7 days. If customer equipment is not picked up when notified after two weeks we reserve the right to add storage charges to your account charged at £1.00 per day.

If you are unable or unwilling to pay for the work, then we reserve the right not to return your hardware to you. We will return your hardware only when the outstanding balance is paid in full.

We will keep uncollected items for a maximum of 3 months from the date we contacted you to arrange collection. If after this term any items that are not collected will be recycled or disposed of responsibly. All personal data is removed from property and securely destroyed. Any outstanding money owed will remain due and we will use necessary action to recover any debts.

We reserve the right to pass any unpaid accounts/debts to a third party debt collection agency. If we find it necessary to do this we will add our own administration charge of £190. There may be further charges added by the collection agency. By accepting our terms and conditions you agree to be bound by these terms and conditions and accept these charges.

All prices are in UK pounds sterling.

Payment is due on receipt unless otherwise agreed with us. This can be cash or credit and debit cards.

(4) Refunds

If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event within 30 days of the day we received your valid notice of cancellation.

(5) Force majeure

In this Section and Section [6] below, “force majeure event” means:

(a) any event which is beyond our reasonable control;

(b) the unavailability of raw materials, components or products; and/or

(c) power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.

Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.

[If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms of sale, we will notify you forthwith.]

[We will take reasonable steps to mitigate the effects of the any force majeure event.]

(6) Limitations of liability

Nothing in these terms of sale will limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability.

Subject to this:

(a) we will not be liable for any losses arising out of a force majeure event;

(b) we will not be liable in respect of any defect in the products arising from fair wear and tear, wilful damage, accident, negligence by you or a third party, use otherwise than in accordance with the manufacturer’s or our instructions or recommendations, or any alteration carried out by you or any third party; and

(c) if you are a business customer: (i) our liability in connection with any product purchased through our website is strictly limited to [the higher of the purchase price of the relevant product and the replacement cost of the relevant product]; and (ii) we will not be liable for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time, or loss of goodwill or reputational damage.

(7) Business customers: indemnity

If you are a business customer, you hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.

(8) Contract cancellation

We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to use under the contract, or commit any material breach of your obligations to us under the contract.

If you are a business customer, we may cancel a contract to supply products made under these terms of sale if:

(a) you cease to trade;

(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;

(c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;

(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented or some or all of that your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or

(e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction).

(9) Consequences of cancellation

Upon the cancellation of a contract in accordance with Section [8]:

(a) We will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b) You will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c) All the other provisions of these terms of sale will cease to have effect, except that Sections [ 7, 9, 11 and 13] will survive termination and have effect indefinitely.

(10) Scope of these terms of sale

These terms of sale do not constitute or contain any assignment or license of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.

(11) Risk and ownership

The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:

(a) delivery of the products; and

(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).

Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and bailee, and if you are a business customer you must store the products separately from other goods and ensure that the products are clearly identifiable as belonging to us.

We will be entitled to recover payment for the products even where ownership has not passed to you.

12) Scope of these terms of sale

These terms of sale do not constitute or contain any assignment or license of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.

(13) General terms

Images of products on our website are for illustrative purposes; actual products may differ from such images.

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of sale.

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

Subject to the first paragraph of Section [6]: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.