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TERMS AND CONDITIONS
1.Definitions
a) 'Company' means ITMAX Limited, registered in
England and Wales as Company Number 05257523.
b) 'Customer' means any individual or firm that has purchased, or has offered
to purchase Goods from ITMAX.
c) 'Goods' means any products or services that ITMAX has sold or is proposing
to sell to the Customer.
d) 'Agreement' means any transaction or proposed transaction between ITMAX and
the Customer relating to the sale/purchase of Goods.
e) These terms and conditions shall apply to and be incorporated into every agreement
between ITMAX and the Customer.
f) These terms and conditions supersede any previous terms and conditions of the
ITMAX.
g) These terms and conditions shall take precedence over any terms and conditions
of the Customer and shall not be varied without the written or email consent of
ITMAX.
2.Price
a) Unless otherwise stated, prices for Goods quoted by
ITMAX are exclusive of value added tax[VAT], delivery, and insurance and payment surcharges(where applicable).
b) ITMAX shall be entitled to apply additional delivery charges where the
Customer requests partial delivery of an order. Where partial delivery is not
requested, the Company will wait until all Goods relating to an order are in stock
before delivering to the Customer.
c) Prices quoted are those current at the time of quotation. ITMAX shall
be entitled to alter prices to those current at the time of order, or withdraw
the quotation where the Goods can no longer be supplied.
d) The Company shall be entitled to alter prices to correct errors or omissions.
3.Payment
a) Payment for all goods must be made in full, at the time of order, by credit or debit card.
b) ITMAX will not deliver goods before the credit card transaction has been authorized.
c) The Company will pass on all information it holds about a customer on request by the police or other authorities where a credit card has been used to commit fraud or any other crime.
d) The Company will not deliver Goods if it has any evidence or suspicion that
a Customer is attempting to commit fraud or any other crime.
e) The Company will pass on all information it holds to the police and/or other
authorities where it has any evidence or suspicion that a Customer is attempting
to commit fraud or any other crime.
f) If, for any reason, full payment has not been received by ITMAX for goods that are in the possession of the customer, interest shall accrue on the outstanding amount from the date of delivery - on daily basis at the base rate plus 8% per provision of the late payment of commercial debts (Interest) ACT 1998.
g) Those trade customers with credit limit (agreed by ITMAX Ltd) must clear there outstanding balance on due date. ITMAX Ltd has full authority to withdraw credit limit immediately for those trade customer(s) who don't pay there outstanding amount on due date. Interest shall accrue on the outstanding amount on daily basis at 8% per provision of the late payment of commercial debts (Interest) ACT 1998 plus a standard administration fee of £150.00 + VAT.
4.Delivery
a) All delivery dates quoted, whether verbally or otherwise
are best estimates and are therefore not guaranteed. ITMAX shall have no
liability for any delay in delivery or non-delivery or for any consequential cost
or loss whatsoever.
b) Delivery of Goods to the Customer's address or any other place requested by
him shall constitute delivery and the risk passes upon such delivery to the Customer.
c) ITMAX shall be entitled to make partial deliveries, these terms and conditions shall apply to
each partial delivery.
5.Loss or Damage in transit
a) ITMAX will not be responsible for damage or loss
of Goods or part thereof in transit or for any discrepancy between the Goods delivered
and the Goods ordered unless the Customer gives written or email notice of a claim
to the Company within three working days of delivery or expected delivery.
b) In the event of damage of Goods or part thereof in transit or for any discrepancy
between the Goods delivered and the Goods ordered, the Customer must hold the
Goods and make them available for inspection or collection by ITMAX or its
representatives or agents on request.
6.Title
a) Even where Goods have been delivered and the Customer
is responsible for any loss, destruction of or damage to them, the legal and beneficial
ownership of the Goods will remain with ITMAX until the Company has received
payment in full of: -
i) all amounts payable to ITMAX in relation to the agreement, and
ii) all other amounts due from the Customer to ITMAX in respect of any and
all other agreements.
b) Until the Customer becomes the owner of the Goods in accordance with 6a) above,
the Customer shall :-
i) hold the Goods on behalf of ITMAX, who may, at any time and without prior
notice, require the Customer to deliver the Goods back to the Company and, if
it fails to do so, enter the premises where the Goods are situated with its representatives
or agents to repossess the Goods;
ii) not sell, part with possession of, use, or do anything else detrimental to
ITMAX's ownership of the Goods and will ensure that they are kept separate
from any other item, properly stored, protected and clearly identifiable as ITMAX property, and are insured to their full replacement value against all
normal comprehensive risks.
c) After ITMAX has repossessed any Goods it may sell them and the proceeds
of sale will belong to ITMAX absolutely and the Customer will have no right
or interest in those proceeds. If the net proceeds received by the Company are
less than the amount payable to it in relation to the agreement, it may recover
the balance from the Customer.
d) The Customer will become responsible for any loss, destruction of or damage
to any Goods on their delivery.
e) If ownership of the Goods has not passed to ITMAX, in the event of any
loss, destruction of or damage, all insurance proceeds receivable by the Customer
in respect of the Goods shall be held in trust by the Customer for the Company
in a separate account and first be applied towards discharging any sums payable
under the agreement.
f) Even if ownership of the Goods has not passed to the Customer, ITMAX
may recover all sums payable to it in relation to the agreement.
7.Returns & Cancellations
The Customer shall not return any Goods (except in accordance
with Condition 8), or cancel any orders without ITMAX written or email
consent. Such consent may not be given where Goods have been specially purchased
by ITMAX to meet the Customer's requirements, or if the Goods have a sales
value of £20 + VAT or less. If ITMAX at its discretion gives consent,
it reserves the right to charge a restocking fee of up to 15% + VAT of the price
of the Goods in question, or £15 + VAT, whichever the greater. For more details, please see our REFUND POLICY
8.Guarantee
a) If within one calendar month of being delivered,
any defect in the Goods is discovered which is directly due to faulty materials
or workmanship, ITMAX should be promptly notified. ITMAX will, at
its option remedy the defect or damage by replacement or repair, or raise a credit
note, as it considers appropriate and within reasonable time. If a credit note
is raised, it will first be utilised against any existing indebtedness, then the
balance refunded by the same payment method as the original order was placed.
b) The guarantee will be subject to the following conditions :-
i) it will not apply to defect or damage resulting from any alteration or modification
of the Goods without the Company's prior written or email consent, incorrect storage,
normal wear and tear, misuse, abnormal conditions of use, incorrect installation,
maintenance or repair, use which is not in accordance with the manufacturer's
instructions, any act or omission of the Customer or any third party or any fault
in any other Goods or equipment.
ii) The Customer must complete and submit the Company's Return of Materials Authorisation
(RMA) form in relation to any such defect or damage. If it appears to ITMAX
from the information submitted on the RMA form that such defect or damage is covered
by the guarantee, an RMA number will be issued confirming the Goods in question
may be returned for inspection. If, on inspection, it is discovered that information
supplied on the RMA form is materially incorrect, or that the Goods did not originate
from the Company, or that defect or damage is not covered by the guarantee, the
RMA number is void and the Goods will be made available for collection by the
Customer or their representatives or agents; In this event, the Customer will
be advised and allowed seven working days to collect the Goods. After this period,
the Company reserves the right to dispose of the Goods and will not provide replacement,
credit note or refund. RMA numbers issued by the Company are valid for seven working
days from the date of issue. After this period the RMA log is closed and a new
RMA number must be obtained.
iii) Allegedly defective or damaged Goods must be returned to ITMAX at the
Customer's cost, in original packaging, complete with all related documentation
and accessories. Goods must be packaged in the appropriate fashion and clearly
labeled with the relevant RMA number. Failure to do so may result in the Goods
being refused on arrival at our warehouse.
iv) The guarantee will apply to Goods replaced or repaired under the guarantee
for the balance of the original guarantee period.
9.Exclusion Of Liability
a) The guarantee in condition 8 will be in substitution
for all other terms, warranties and conditions, express, or implied, statutory
or otherwise in relation to the Goods (except for the Company's title to them)
which are hereby excluded to the fullest extent permitted by law.
b) Neither the Company nor its representatives or agents will be liable in contract
or in tort (including negligence) nor in any other way for any consequential or
indirect loss, liability or damage or for any other claim for consequential compensation
whatsoever (including loss of profit, costs, expenses or loss of data) arising
howsoever from or in connection with the agreement or any breach or non-performance
of any provision of it by the Company or any fault in or the supply, use, presence
or resale of the Goods.
c) Excluding the Company's liability arising in condition 8, all warranties or
conditions implied by law regarding the Goods and without affecting conditions
9 a) and 9 b), the aggregate liability of the Company whether arising in contract
or tort (including negligence) or otherwise howsoever for any loss, cost, damage,
injury or liability (whether consequential or indirect or otherwise) resulting
from or in connection with the agreement or any such breach or other matter as
is referred to in Condition 9 b) will be limited to an amount equal to the net
invoice value of the Goods.
d) The limitation on any exclusion from liability contained in these Conditions
shall be subject to the provisions of section 2(1) of the Unfair Contract Terms
Act 1977.
10.Indemnity
The Customer undertakes to ITMAX that it will immediately
indemnify the Company against all proceedings, costs, fees, expenses, payments,
liabilities, losses and damages arising out of the breach or negligent performance
by the Customer of any terms of the agreement.
11.Website Use
The Customer will take all reasonable steps to ensure that
it's authorised website users do not disclose usernames or security passwords
to any third party, whether an employee of the Customer or not. If the Customer
becomes aware that there has been disclosure by any of its authorised users, the
Customer must inform ITMAX immediately.
12.Illustrations, Photos & Other information
a) All illustrations, photos and other information contained
on the website, sales literature and price lists are representative, for guidance
only and do not form part of this agreement.
b) The Customer should check specifications, compatibility, suitability and legality
of Goods with manufacturers before ordering if in any way unsure. Any advice or
opinion offered by ITMAX or its representatives or agents should not be
relied upon to make a purchasing decision.
13. Trade Marks, Trade Names, Copyrights,
Patents and Intellectual Property Rights
a) The Customer acknowledges that rights in respect of
trade marks, trade names, copyrights, patents and other intellectual property
rights connected with the Goods do not pass to the Customer.
b) Goods are not licensed by ITMAX and may require manufacturer's agreement
or license for use or resale in certain markets.
c) OEM Goods must be sold on to an end user with hardware by the Customer, in
accordance with the manufacturers requirements.
d) Goods must not be altered, sold or used in any way or in any country that was
not intended by the manufacturer.
14.Force Majeure
ITMAX will not be deemed to be in breach of any of
its obligations under the agreement or otherwise be liable to the Customer as
a result of any delay in performing or any failure to perform any such obligations
by reason of any cause or event beyond the Company's control. This includes, but
is not limited to breakdown of plant or machinery, strike, industrial dispute,
shortage or delay in receiving Goods, war (whether declared or not), terrorism,
or Act of God. If any such event continues for more than 28 consecutive days,
the Company may terminate the agreement by written or email notice to the Customer
without prejudice to the accrued rights of either party.
15.Set Off
ITMAX shall be entitled but not obliged at any time
to set off any sum payable by or any liability of the Customer against any sum
payable by or liability of the Company to the Customer. Any exercise by the Company
of this right will be without prejudice to its other rights under the contract
relating to the supply of the Goods.
16.Subcontracting
ITMAX reserves the right to sub-contract any part
of any work or supply of any Goods or services.
17.Construction & Use
ITMAX shall not be responsible for adapting or modifying
any Goods to conform to statutory requirements not current at the time of order.
18.Termination
ITMAX shall be entitled by notice in writing or by
email to terminate any agreement without prejudice to any claim or right the Company
may otherwise make or exercise where :-
a) The Customer is in breach of any term, condition or provision of this agreement
or required by law.
b) The Customer shall go into liquidation, or if any petition or resolution to
wind up the Customer shall be presented, or if a receiver is appointed, or if
the Customer shall commit any act of bankruptcy.
Privacy/Security Statement
ITMAX holds the confidentiality and security of your personal information under serious control. The name and address and e-mail address of the customer is required to process and deliver orders. Apart from that, the information is used to update customers with latest developments regarding orders despatched/in transit. Information on our special offers on products and services are also relayed to customers. Rest assured that any information that we obtain and hold about our customers is for business purpose only and to enable us to maintain our high level of customer service and satisfaction. Under no circumstances will any information be passed to third party without our client's permission. Additionally, the account details can be amended by the customers online in case they prefer not to receive direct marketing information from us. Customers can have complete peace of mind in terms of the information held by ITMAX as it is kept under latest 100% secure and encrypted technology for any information entered online and transmitted over the net. That means, ITMAX proves to be the safest possible place to shop online.
© ITMAX Limited. All rights reserved. All trademarks acknowledged.
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