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WARRANTY - INDIVIDUAL SALES
Goods and equipment supplied by RECOMMIT LTD are covered by a 3-month Return to Base Warranty from date of delivery. There is a 72-hour dead on arrival period within this warranty - if goods arrive faulty or damaged RECOMMIT LTD will arrange the collection and replacement of the goods at no extra charge to the purchaser providing notification is made within this 72-hour period. After this period and up to the 3-month anniversary of the warranty the purchaser is responsible for arranging for the return of the goods at their own expense, by an insured courier, and in suitable packaging.
The warranty is limited to mechanical, electrical, or component failures and initial software configuration issues only. Such faults will be rectified or equipment replaced and returned to the purchaser at no further charge. If the fault or defect has been caused by misuse by the purchaser or by user induced error including any caused as a result of installing additional software or hardware then a minimum charge of £35 will be levied prior to return of the equipment.
RECOMMIT LTD or their repair agents are not responsible for any loss of data on the hard drive in the machine whilst in transit or undergoing repair.
WARRANTY - BULK SALES
Goods and equipment supplied by RECOMMIT LTD are covered by a 30 day Return to Base Warranty from date of delivery or collection. The purchaser is responsible for arranging for the return of the goods at their own expense, by an insured courier, and in suitable packaging.
The warranty is limited to mechanical, electrical, or component failures. Such faults will be rectified or equipment replaced and returned to the purchaser at no further charge. In the event that suitable replacements are not available a full refund will be given. Any fault or defect caused by misuse by the purchaser including any caused as a result of installing software or hardware will invalidate this warranty.
RECOMMIT LTD or their repair agents are not responsible for any loss of data on the hard drive in the machine whilst in transit or undergoing repair.
TERMS AND CONDITIONS
FOR SUPPLY OF SERVICES1 DEFINITIONS
In this document the following words shall have the following meanings:
2.3 The Supplier shall use all reasonable endeavours to complete the services within estimated time frames but time shall not be of the essence in the performance of any services.
3 FEES AND PAYMENT
3.1 The fees for the performance of the services are as set out in the Service Specification. The Supplier shall invoice the Customer for the services 30 days.
3.2 Invoiced amounts shall be due and payable within 30 days of receipt of invoice. The Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 8.00% per annum above the base rate of the Bank of England. In the event that the Customer's procedures require that an invoice be submitted against a purchase order to payment, the Customer shall be responsible for issuing such purchase order before the services are rendered.
4 CUSTOMER'S OBLIGATIONS
4.1 To enable the Supplier to perform its obligations under this Agreement the Customer shall:
4.1.1 co-operate with the Supplier;
4.1.2 provide the Supplier with any information reasonably required by the Supplier;
4.1.3 obtain all necessary permissions and consents which may be required before the commencement of the services; and
4.1.4 comply with such other requirements as may be set out in the Service Specification or otherwise agreed between the parties.
4.2 The Customer shall be liable to compensate the Supplier for any expenses incurred by the Supplier as a result of the Customer's failure to comply with Clause 4.1.
4.3 Without prejudice to any other rights to which the Supplier may be entitled, in the event that the Customer unlawfully terminates or cancels the services agreed to in the Service Specification, the Customer shall be required to pay to the Supplier the full amount of any third party costs to which the Supplier has committed and in respect of cancellations on less than five working days' written notice the full amount of the services contracted for as set out in the Service Specification. For the avoidance of doubt, the Customer's failure to comply with any obligations under Clause 4.1 shall be deemed to be a cancellation of the services and subject to the payment of the damages set out in this Clause.
4.4 In the event that the Customer or any third party, not being a sub-contractor of the Supplier, shall omit or commit anything which prevents or delays the Supplier from undertaking or complying with any of its obligations under this Agreement, then the Supplier shall notify the Customer as soon as possible and:
4.4.1 the Supplier shall have no liability in respect of any delay to the completion of any project;
4.4.2 if applicable, the timetable for the project will be modified accordingly;
4.4.3 the Supplier shall notify the Customer at the same time if it intends to make any claim for additional costs.
5 ALTERATIONS TO THE SERVICE SPECIFICATION
5.1 The parties may at any time mutually agree upon and execute new Service Specifications. Any alterations in the scope of services to be provided under this Agreement shall be set out in the Service Specification, which shall reflect the changed services and fees and any other terms agreed between the parties.
5.2 The Customer may at any time request alterations to the Service Specification by notice in writing to the Supplier. On receipt of the request for alterations the Supplier shall, within 5 working days or such other period as may be agreed between the parties, advise the Customer by notice in writing of the effect of such alterations, if any, on the fees and any other terms already agreed between the parties
5.3 Where the Supplier gives written notice to the Customer agreeing to perform any alterations on terms different to those already agreed between the parties, the Customer shall, within 5 working days of receipt of such notice or such other period as may be agreed between the parties, advise the Supplier by notice in writing whether or not it wishes the alterations to proceed.
5.4 Where the Supplier gives written notice to the Customer agreeing to perform alterations on terms different to those already agreed between the parties, and the Customer confirms in writing that it wishes the alterations to proceed on those terms, the Service Specification shall be amended to reflect such alterations and thereafter the Supplier shall perform this Agreement upon the basis of such amended terms.
6 WARRANTY
6.1 The Supplier warrants that the services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.
6.2 Without prejudice to Clause 6.1, and except as expressly stated in this Agreement, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the services to be provided by the Supplier.
7 INDEMNIFICATION
Either party shall indemnify the other party against all claims, costs and expenses which the other party may incur and which arise, directly or indirectly, from the first partiy's breach of any of its obligations under this Agreement..
8 LIMITATION OF LIABILITY
8.1 Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of either party to the other party in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to an amount equivalent to the fees paid by the Customer to which the claim relates.
8.2 In no event shall either party be liable to the other party for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever.
8.3 Nothing in these Terms and Conditions shall exclude or limit either party's liability for death or personal injury resulting from the other party's negligence or that of its employees, agents or sub-contractors.
9 TERMINATION
Either party may terminate this Agreement forthwith by notice in writing to the other if:
9.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within 30 calendar days of being given written notice from the other party to do so;
9.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances;
9.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect;
9.4 the other party ceases to carry on its business or substantially the whole of its business; or
9.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
10 INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Supplier.
11 FORCE MAJEURE
Neither party shall 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, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
12 INDEPENDENT CONTRACTORS
The Supplier and the Customer are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. The Supplier may, in addition to its own employees, engage sub-contractors to provide all or part of the services being provided to the Customer and such engagement shall not relieve the Supplier of its obligations under this Agreement.
13 ASSIGNMENT
Neither party shall be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the other party.
14 SEVERABILITY
If any provision of this Agreement 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 herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
15 WAIVER
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
16 NOTICES
Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Service Specification or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
17 ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.
18 NO THIRD PARTIES
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
19 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of
SCHEDULE 1
In consideration of RECOMMIT agreeing to supply the Services the Customer transfers title and risk in the Goods and Equipment to RECOMMIT as at the Collection Date.
2. SERVICES
2.1 RECOMMIT agrees to provide the Services. The Services include the provision of an audit of the Goods and Equipment and removal of all data from the Goods and Equipment in accordance with guidelines given by GCHQ (Communications and Electronic Security Group).
2.2 RECOMMIT agrees to collect the Goods and Equipment from the Customers Premises within 28 days from the date of this Agreement time not being of the essence. The date of collection of the Goods and Equipment is the Collection Date.
2.3 RECOMMIT and its servants and agents will ensure that as from the Collection Date the Goods and Equipment and any information stored either permanently or temporarily on the Goods and Equipment, will be handled in accordance with any relevant laws of England and Wales (primarily the Data Protection Act 1984 and the Environmental Protection Act 1990 as amended by the Environmental Act 1995 and the Hazardous Waste Regulations). Where the Goods and Equipment fall under the Control of any contractor or sub-contractor, as may be nominated by RECOMMIT from time to time, that the said contractor or sub-contractor will perform their duties in accordance with the said laws and regulations.
3. GUARANTEES AND WARRANTIES BY RECOMMIT
Any subsequent guarantee or warranty given in relation to the Goods and Equipment will be deemed to be given by RECOMMIT and its servants or agents or its contractors and sub-contractors as the case may be and no duty, implied or otherwise, will be placed on the Customer in relation to the goods or equipment supplied under this agreement for any guarantee or warranty whatsoever.
4. USE OF THE GOODS AND EQUIPMENT
4.1 The Customer hereby agrees and accepts that some of the Goods and Equipment supplied may be altered or certain parts removed, replaced or exchanged for the purposes of either making the said Goods or Equipment comply with any law or regulation or, in the case of Goods or Equipment being beyond reasonable repair, for the said parts to be used to repair or augment the other goods and equipment or services that may be performed by RECOMMIT its servants and agents and its contractors and sub-contractors from time to time howsoever such instances may occur.
4.2 In the instance that any Goods and Equipment supplied under this agreement are deemed unusable by RECOMMIT its servants and agents or its contractors and sub-contractors, which decision is completely at the discretion of RECOMMIT its servants and agents or contractors and sub-contractors, the Supplier hereby agrees that the Goods or Equipment may be disassembled and any working parts be re-used in other equipment, any remaining parts, goods or equipment being disposed of in accordance with the laws of England and Wales and the European Union, which duty is the responsibility of RECOMMIT its servants and agents or its contractors and sub-contractors as the case may be.
5. COSTS AND BENEFITS
5.1 The Customer hereby agrees to pay collection and environmental disposal charges in respect of the Services within 30 days of issue of the invoice.
5.2 RECOMMIT agrees to pay commission on
Read Our Conditions of Sale of RecommIT's Recycled Computer and IT equipment
RecommIT clearly states its conditions of sale for its recycled computer and IT equipment
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