Terms & Conditions

 1.In these Conditions the following expressions shall have the following meanings:

1.1. “we” or “us” means MIT Services (“MIT Services”)

1.2. “Contract” means the contract for supply of Goods and/or Services formed upon your acceptance in writing of our Quotation

1.3. “you” means the person who accepts our Quotation

1.4. “Goods” means any computer hardware or other equipment supplied or repaired by us under the Contract

1.5. “Quotation” means the quotation provided by us for our supply to you of Goods and/or Services

1.6. “Services” means any services (including repair services) provided by us to you under the Contract

2. These Conditions govern the Contract and apply to the exclusion of any other express or implied conditions including any terms which you may seek to introduce. No variation or addition to these Conditions is binding on us unless we agree in writing and this is signed by one of our directors

3. Quotations are not offers and may be withdrawn or revised by us at any time, We may amend our published price lists at any time. The price, quantity, quality and description of any Goods or Services will be as set out in the Quotation. Prices shown in the Quotation will be on an ex-works basis and exclusive of VAT which you must also pay at the prevailing rate. We may increase the price shown on the accepted Quotation if we bcome aware of circumstances which increase the cost to us of providing goods and/or services (including exchange rate fluctuation or incorrect or incomplete information provided by you)

4. Save where we agree otherwise, the price of Goods and Services must be paid by you in cleared funds before delivery without deduction or set off. We may charge you interest on a day to day basis (both before and after judgement) at the rate of 4% above Barclays Bank plc base rate on any sums which remain outstanding

5.

5.1. Delivery of Goods will take place as indicated in the Quotation either upon delivery to us to your premises or upon us making the Goods available for collection by you or your carrier at our premises. We may make a reasonable charge for carriage where we deliver Goods to your premises

5.2. Dates we provide for delivery of Goods and/or Services are approximate only and we can accept no liability where we are unable to meet such dates

5.3. Where you are entitled to reject defective Goods within any delivery, such right will not extend to other Goods within that delivery or any other delivery (where this is in instalments)

5.4. You are responsible for complying with laws relating to the export of Goods and for the payment of any related costs

6. Risk in Goods passes to you upon delivery from us. Title in Goods will not pass to you until we have received in cash or cleared funds full payment for Goods and/or Services or any other Goods or services which we have agreed to supply to you and for which payment is outstanding. We will have a general lien over Goods in our control which you own entitling us upon 28 days written notice to you to dispose of and to apply any proceeds against sums owing to us for which payment is then due

7. We warrant that Goods and Services will upon delivery correspond with their description set out in the Quotation and that Goods will be free from defects in material and workmanship for 30 days from the delivery (“Warranty”). All other conditions, warranties, terms and undertakings, express or implied, statutory or otherwise are excluded to the fullest extent permissible by law. The Warranty is available subject to the following conditions:

7.1. We will have no liability under the Warranty: (a) for defects arising from fair wear and tear, your wilful damage or negligence, abnormal working conditions, a failure to follow MIT Services ’s instructions, your misuse or alteration or repair without our approval; (b) where the price of the Goods has not been paid to us by the due date; (c) for materials or equipment not manufactured by us (in these cases we will, where we are able, pass on to you the benefit of any warranty given by the manufacturer); or

7.2. the Warranty is only available provided (a) you notify us of any alleged breach of Warranty as soon as reasonably practicable after discovery of the defect or failure; and (b) you return the relevant Goods to us within 7 working days of you receiving from us a “Goods Returned Number”

IF YOU ARE A CONSUMER, THIS WARRANTY IS IN ADDITION TO AND DOES NOT AFFECT YOUR STATUTORY RIGHTS

8.

Return to Base Warranty: For items returning to MIT the customer is responsible for all costs of shipping and duty.

8.1. Where you have a valid claim under the Warranty, we will either (a) replace the Goods (or the defective part of the same) or re-perform the Services, as appropriate or (b) refund to you the price of the relevant Goods or Services. These will be your sole remedies for breach of Warranty

8.2. Where you return Goods to us by reason of an alleged breach of Warranty but we can demonstrate that we are not in breach, we may either (a) accept the Goods and charge you a handling and restocking charge equal to the greater of 20% of the price charged by us for the Goods and 15% of their sale price; or (b) return the Goods and charge you our reasonable carriage costs in returning the same to you

9. We accept liability to you for loss of or damage to any property or the injury to or death of person caused by our negligent act or omission or wilful misconduct. Save in this respect and for any other matters for which our liability may not by law be restricted or excluded, our total liability for any contractual breach, representation or tortious act or omission arising under or in connection with the Contract (a “Default”) shall not exceed 1.5 times the total sums paid by you to us under the Contract. If a number of Defaults give rise to substantially the same loss then they shall be regarded as the same Default for the purpose of calculating our maximum liability under this Clause 9. Without limiting our liability for injury to or death of any person caused by our negligence, we will not be liable to you for any loss of profits, goodwill or any type of special, indirect or consequential loss (including loss or damage suffered by you as a result of an action brought by a third party) whether arising from negligence, breach of contract or otherwise. We will further not be liable to you for any loss arising out of your failure to comply with your obligations under the Contract

10. We may immediately terminate the Contract by notice in writing to you or suspend the supply of any Goods or Services if you:-

10.1. commit a breach of Contract but where that breach is remediable (being actual remedy as opposed to remedy by payment of compensation) we may only give you notice if you have not remedied the breach within 30 days of us giving you notice in writing specifying the breach and requiring it to be remedied; or

10.2. compound with your creditors, cease or threaten to cease to carry on your business, become unable to pay your debts within the meaning of s123 of the Insolvency Act 1986, (being an individual or firm) become bankrupt, (being a company) go into liquidation (save as part of a bona fide scheme for amalgamation or reconstruction), becomes subject to an administration order, has a receiver or administrative receiver appointed over or encumbrancer take possession of the whole or any part of its assets; or

10.3. we reasonably consider that any event referred to in clause 10.2 is about to occur

Termination of the Contract shall not affect any accrued rights or liabilities nor shall it affect the coming into or continuance in force of any provision of the Contract which is by implication intended to continue in force after such termination. Upon termination all sums outstanding to us in respect of the Contract shall become immediately due and payable by you

11. We will not be liable to you by reason of any delay in performing or any failure to perform any of our obligations under the Contract if the delay or failure was due to any cause beyond our reasonable control

12. Notices given under these Conditions shall be in writing, delivered by hand or sent by ordinary post, facsimile or e-mail to the party’s address shown on the Quotation or such other address including e-mail address as either party may from time to time designate by written notice to the other. Notices are deemed received by the addressee if delivered upon delivery; if posted on the 2nd working day following the date of posting; and if sent by facsimile, when the communication is transmitted to the recipient’s fax number provided that a copy of the communication is sent by ordinary post or delivered by hand as soon as practicable after that time or within one hour of an e-mail having been sent

13. The Contract may not be assigned by you without our prior written consent. We may sub-contract any part of our obligations under the Contract without your consent. No waiver by us of a breach of these Conditions will be considered a waiver of any subsequent breach of the same of any other provision

14. You will indemnify us for any losses we suffer in excess of our liabilities under the Contract and which are incurred by us in connection with our performance under the Contract

15. 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. The Contract is governed by the laws of England and the English Courts shall have the non-exclusive jurisdiction to resolve any disputes arising in connection with it.