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1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" or “Service Provider” means MCS On-Site ICT Services of 138 Runnymede Road, Yeovil Somerset, BA21 5SY United Kingdom;
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

 

2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

 

3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from our supplier the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
3.3 When making an order through the Web site, the buyer needs to contact seller.

 

4.1 The Price of the Goods shall be that stipulated on the Seller’s Web site or In-Store or by verbal agreement. The Price excludes delivery charges.
4.2 The total purchase price, including delivery charges, if any, will be displayed on the Buyer’s invoice or receipt.
4.3 After the order is received the Seller shall confirm by either; email, fax, letter or telephone, containing description and price for the Goods plus delivery charges together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the Price plus delivery charges must be made in full before collection or dispatch of the Goods.

 

5.1 The Seller reserves the right to adjust the price and specification of any item on the Web site or In-Store at its discretion.
5.2 The Seller reserves the right to withdraw any goods from the Web site or In-Store at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Web site or In-Store for refusing to process an order.

 

6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.

 

7.1 The Seller warrants that the Goods will at the time of collection or dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.

 

8.1 Goods supplied within the UK will normally be delivered within 7 working days of receipt of order.
8.2 Goods supplied outside the UK will normally be delivered within 28 working days of receipt of order.
8.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
8.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
8.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
8.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.

 

9.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by writing to the address specified above or by email to customer.services@mcs-onsite.com within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
9.2 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective. If the goods are not defective, we reserve the right to return the goods at the buyers expense. A 25% re-stocking fee will be charged for non-faulty goods returned for a refund.
9.3 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller by writing to the address specified above or by email to customer.services@mcs-onsite.com within 7 working days of receipt of the goods to obtain an RMA number. The goods must be returned in the original condition, with all packaging and accessories. A minimum 25% re-stocking fee will be charged, except in the case of faulty goods. Further stocking restocking Fees after the first 7 days: 35% Under 28 Days, 50% Under 3 Months, 75% Under 6 Months.
9.4 Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
9.5 Goods to be returned must clearly show the order number obtained from the Seller on the package.
9.6 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
9.7 Returns will only by accepted if accompanied by a Return Merchandise Authorization (RMA) number which will be issued by our Customer Services department.

 

10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

 

11.1 The Service Provider my chose to offer the Buyer an out of usual business hours service with relationship to the support services offered. This is subject to the following conditions:
I. Only the Service Provider shall offer the Buyer an out of hour’s service.
II. The service provider is under no obligation to offer the service.
III. The following charges apply to the service providers standard rates or service agreement clients per hour rates:
a. 6pm until 10pm - Rate x 1.5
b. Saturday 9am until 5pm - Rate x 1.5
c. Sunday 9am until 5pm - Rate x 2.0
d. Everything Else - Rate x 3.0

 

12.1 This offer is limited to 20,000 prints containing £5.00 off vouchers.These vouchers are subject to the following conditions:
I. Minimum transaction value £25
II. Only one voucher per customer per transaction
III. Each Voucher is Valid until 31/03/10
IV. Photocopies will not be accepted
V.Can not to be used in conjunction with any other offer
12.2 The following products and/or services are excluded from the offer; unless purchased with another none excluded product/service
- NOD 32 Antivirus software
12.3 Vouchers can not be used againced payments by contracted clients

 

13. No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

 

14. The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, black outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

 

15. If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

 

16. The Seller shall be entitled to alter these Terms and Conditions at any time. But this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

 

17. These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

 
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