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"Having used AOT for more than seven years we could not be happier with the professional level of service and the quick response issues. From installing our servers and maintaining our computers to installing our new security system of automatic doors locks and security cameras, we could not recommended this independent professional company any higher."
Peter Bramwell
Bramwell Label Company - Manchester

Terms and Conditions

Art of Technology Limited
Terms and Conditions of Business  

•  DEFINITIONS

•  In these Terms and Conditions of Business the following expressions shall have the following meaning-

•  The Company - means Art of Technology Ltd.

•  The Customer - means the other party to a contract for goods or services supplied by the Company.

•  Goods - means the goods or services which the Company is to supply in accordance with these conditions set out in the Company's quotation.

•  Conditions - means the standard terms and conditions of business set out in this document including any special terms and conditions agreed in writing between the Company and the Customer.

•  Writing - includes telex, cable, facsimile transmission, email and comparable means of communication.

 

•  GENERAL

•  All goods or services supplied by the Company are subject to these Conditions and any purported variation or exclusion shall be of no effect unless accepted in writing by the Company.

•  Dispatch or delivery of the Goods by the Company to the Customer shall be deemed to be conclusive evidence of the Customers acceptance of these Conditions.

•  Any order whether or not based on a quotation shall not be binding on the Company unless accepted in writing.

•  SPECIFICATION

•  All specifications drawings and particulars supplied by the Company are approximate only unless otherwise stated and the Company reserves the right to make incidental alterations and modifications without notice to the Customer.

 

•  THE PRICE AND PAYMENT

•  The price shall be the Company's quoted price and is exclusive of VAT which shall be due at the rate ruling on the date of the Company's invoice.

•  Payment of the Price and VAT shall be due within thirty days of the date of the invoice or as may be varied from time to time.

•  Interest on overdue invoices shall accrue from the date when payment becomes due from the day until date of payment at a rate of 4% above Lloyds TSB Plc base rate from time to time in force and shall accrue at such rate after as well as before judgment.

•  The cost of any alterations or additions to the Specification requested by the Customer and agreed by the Company in writing or verbally after the date of this agreement shall be added to the Price at the Company's standard rates applicable to such work prevailing at the time of such agreement.

•  If payment remains outstanding after the specified payment date the Company reserves the right to remotely switch off any goods supplied pending recovery of the goods supplied or their costs.

 

•  GUARANTEE AND WARRANTY

•  Except where the Customer is dealing as the Consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all other warranties conditions or terms relating to fitness for purpose. merchantability or condition of the Goods and whether implied by statute or common law or otherwise are excluded.

•  The Company shall not be responsible for any injury damage or loss caused directly or indirectly by the Goods whether as a result of any defect therein or otherwise the Customer shall indemnify the Company from any claim arising from any such injury damage or loss suffered by any third party.

•  53 The Company's liability arising in connection with its supply of goods hereunder (whether arising by reason of breach of this contract or under general law of tort including negligence) shall in no event exceed the price of the Goods and the Company shall have no liability for any consequential loss or damage whether for loss of profit or otherwise.

 

•  DELIVERY

•  Delivery of the Goods shall be made by the Customer collecting the Goods at the Company's premises at any time the Company has notified the Customer that the Goods are ready for collection or in some other place if delivery is agreed by the Company delivering the Goods to that place.

•  Any dates quoted for delivery or dispatch of the Goods or completion of works are estimates only The Company shall not be liable for any delay in delivery of the Goods or completion of the works howsoever caused and time for delivery shall not be time of the essence unless previously agreed by the Company in writing and the Goods may be delivered by the Company in advance of the quoted delivery date upon reasonable notice to the Customer.

•  If the Customer fails to take delivery of the Goods or fails to give the Company adequate delivery instructions at the time stated for delivery then without prejudice to any other right or remedy available to the Company the Company may-

•  store the Goods until actual delivery and charge the Customer for reasonable costs (including insurance and storage)

•  sell the Goods at the best price readily obtainable and after deducting all reasonable storage and selling expenses account to the Customer for the excess over the price under the agreed price.

•  In the event of the Company being unable to supply or deliver Goods ordered it undertakes to refund any money paid in respect of such Goods but shall not otherwise be under any liability whatsoever and the Company shall not in any event be liable for consequential damage or loss.

 

•  TITLE AND RISK

•  Risk of damage to or loss of the Goods shall pass to the Customer-

•  In the case of Goods to be delivered at the Company's premises at the time when the Company notifies the Customer that the Goods are available for collection.

•  In the case of Goods to be delivered other than at the Company's premises at the time of delivery or if the Customer wrongfully tails to take delivery of the Goods at the time when the Company has tendered delivery of the goods.

•  Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be sold by the Company to the Customer for which payment is then due plus VAT.

•  Until property in the Goods passes to the Customer under these Conditions the Customer shall hold the Goods and each of them on a fiduciary basis as bailee for the Company and shall store the Goods (at no cost to the Company) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Company's property.

•  The Company shall be entitled to recover the price plus VAT notwithstanding that the property in any of the Goods has not passed from the Company.

•  Until such time as property in the Goods passes from the Company the Customer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to the Company If the Customer tails to do so the Company may enter upon any premises owned or occupied or controlled by the Customer where the goods are situated and repossess the Goods.

•  The Customer shall insure and keep insured the Goods to the full price against normal risk to the reasonable satisfaction of the Company until the date that the property in the goods passes from the Company and shall whenever requested by the Company produce a copy of the policy of insurance. Without prejudice to all other rights of the Company if the Customer tails to do so all sums whatever owing by the Customer to the Company shall forthwith become due and payable.

•  The Customer shall not pledge or in anyway charge by way of security for any indebtedness any Goods which are the property of the Company Without prejudice to the other rights of the Company if the Customer does so all sums whatever owing by the Customer to the Company shall tall to become due and payable.

•  PROPER LAW OF CONTRACT

•  This contract is subject to the law of England and Wales .

•  TRAINING AND MONITORING

•  Telephone calls may be recorded for training and monitoring purposes.