You, the Customer a person or company buying Products and/or Services from us. Webquire (us, our) the Product or Service vendor as identified on your invoice.
Price stated in quotation.
Product as described in quotation.
Service Offering as described in quotation. Service Provider Webquire or authorised experts.
Software computer operating systems, middleware or applications. Service means general service and support carried out by Webquire.
This Agreement applies to this sale, Service and all statements made by Webquire in brochures, price lists, adverts, quotations, on the internet or verbally. Any variations to this Agreement must be confirmed by Webquire in writing. Any other Terms and Conditions are excluded. Placing your order means acceptance of this Agreement.
Quotations are only valid in writing and during the period that they state. If unstated, the period is 10 days. Orders may be received by writing, internet, telephone or fax. Please check the quotation and notify Webquire of any mistake in writing immediately or the details stated in the quotation will apply to this Agreement. Webquire reserves the right to change Products at any time but Webquire guarantees you at least equivalent functionality and performance.
Products and Service Offering prices, tax, shipment, insurance and installation are as shown on your invoice. Payment will be made before supply or Service or, if agreed, within 14 days of the invoice date without further notice from Webquire. Payment timing is of the essence. Webquire may suspend deliveries or Service until full payment for that order. If payment is late the maximum statutory interest rate will apply on the late amount . The costs of recovery shall be payable by you. We reserve our statutory right to claim interest and compensation for debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998.
The delivery period given at time of order is approximate. Delivery by installments may be made. The place of delivery is stated in the quotation. Title to Product passes on full payment and until then you must insure and store our goods separately and you may not modify, pledge or sell them. Webquire may enter the storage premises to repossess the goods. Should you sell them before title passes, you will become Webquire's agent and the proceeds of that sale shall be held on our behalf, separately from your general funds. Webquire may sue for the Price before title passes. If you refuse delivery without Webquire's agreement, you must pay Webquire's expenses or loss resulting from that refusal, including storage costs, until you accept delivery. Risk of the loss of the goods passes to you on delivery.
When you receive Product you must inspect it for any defects or non-conformity within 7 days. After this period, you will have accepted Product. If Webquire agrees to the return of Product at its choosing, it must be in its original condition with packaging, a return note and proof of purchase; the return costs may also be payable by you.
If you have an Webquire Service Contract the cover provides you with the labour (whether within the included visits or at a reduced rate) involved in determining and fixing a fault, whether this is hardware, software or user fault. Should the fault be hardware we will fix this and charge you for the part(s) replaced unless otherwise stated. Where possible, we will attempt to replace parts with identical units but reserve the right to use "compatible" parts where identical parts are unavailable. We will not service any equipment that is still under any non-Webquire warranty unless given authority to do so by you, the customer. Any valid warranty claim, or any costs relating to, is the sole responsibility of the customer, not Webquire. Any visit, whether on any Service Contract or not, showing the problem being an infection from any form of malicious code, such as spyware, malware, Viruses and the like, will be charged for.
Will be provided by Webquire staff either onsite or in the Service Centre. Response times are estimates unless otherwise agreed and we will endeavour to meet appointment times but may vary due to unforeseen circumstances. A telephone call will be made to inform a customer of any delay. Labour charges may differ on public holidays, weekends or out of core hours, but this will always be explained prior to the visit.
The Supplier’s liability in all circumstances is limited to the cost of replacing the Goods ordered. Webquire does not accept liability in contract, tort or otherwise for 1) indirect or consequential loss, 2) loss of business profits, salary, revenue, savings, 3) loss avoidable by you through reasonable conduct, including backing up all data, 4) all items excluded by Force Majeure.
Webquire is not liable for delays in performance (incl. delivery or Service) caused by circumstances beyond its reasonable control and will be enleadind to a time extension for performance; examples include strikes, terrorist acts, war, supplier / transport / production problems, exchange fluctuations, governmental or regulatory action and natural disasters. If this lasts more than 2 months, this Agreement may be terminated by either party without compensation.
Each party must treat all information received from the other marked "confidential" or reasonably obvious to be confidential as it would treat its own confidential information.
Webquire may terminate this Agreement with immediate written notice if you fail to pay on time. Either party may terminate if the other: 1) commits a material or persistent breach of this Agreement and fails to remedy this within 30 days of written notice from the other; or 2) becomes insolvent or is unable to pay debts as they fall due.
You are responsible for your own choice of Product and its suitability for purpose. You must provide Webquire with all reasonable courtesy, information, cooperation, facilities and access to enable Webquire to perform duties, failing which Webquire shall not be obliged to perform any Service or assistance. You are responsible for the back up and confidentiality of all data in Product and all of your legal and regulatory requirements.
The Contract will be governed by the laws of Scotland and you hereby irrevocably submit to the exclusive jurisdiction of the Scottish Courts.
The Vienna Convention on Contracts for the International Sale of Goods is excluded.
If any part of the Agreement is found to be invalid or unenforceable by a court, the rest is unaffected. Webquire may subcontract, assign or transfer its obligations or rights to a competent third party whether in whole or in part. You may not assign or transfer any of your obligations. All notices must be in writing (by hand, email, fax or 1st class post deemed delivered 48 hours after posting) and sent to a legal officer of either party.