Terms and Conditions for the Supply of Products

1. General
1.1. These Conditions shall supersede all earlier Terms and Conditions for the Supply of Products.
1.2. These conditions shall take precedence over any conditions of the Customer and shall not be varied without the written consent of a director of ICC.
2. Definitions
2.1. "ICC" means Industrial Computer Contracts (West Midlands) Limited, registered office at 1, Hames Lane, Newton Regis, Tamworth, Staffordshire B79 0NH.
2.2. "Customer" means the person, firm or company buying or agreeing to buy goods and services from ICC.
2.3. "DIY System Build" means the sale by ICC of a package of all the components needed for the self assembly of a computer system by the Customer.
2.4. "Price Paid" means the price paid by the Customer for the Product excluding carriage and any credit surcharge. The Price Paid is stated on the
Order Confirmation.
2.5. "Order Confirmation" means the acknowledgement of the Customer's order sent to the Customer by ICC.
2.6. "Product" means any computer program, data, report, document or file supplied to the Customer by ICC.
3. Prices and Ordering
3.1. Unless otherwise stated all prices are exclusive of value added tax, delivery, insurance and installation.
3.2. The price payable by the Customer will be the price current at the time of the order.
3.3. Reservation of Products does not constitute an order and is not binding on either party.
3.4. Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it.
3.5. Errors and omissions are excepted. Screenshots are for illustrative purposes only.
3.6. Credit card details are taken for orders but will not be charged unless you fail to collect in which case we reserve the right to charge a handling fee of 10% (minimum 5.00 GBP).
3.7. While we try and ensure all prices on our website are accurate, errors may occur. If we discover an error in the price of a Product ordered we will inform the Customer as soon as possible and give the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact the Customer we will treat the order as cancelled. If the Customer cancels and has already paid for the Product, he will receive a full refund.
3.8. If the pricing error is obvious and could have reasonably been recognised as a mispricing we will be under no obligation to provide the Product even after sending an Order Confirmation.
4. Payment
4.1. Payment is due on demand and in any event must be made within 7 days of the invoice date.
4.2. ICC may charge interest on overdue accounts at the rate of 2% per month calculated on a daily basis until actual payment.
5. Delivery
5.1. Any delivery date stated is only a warranty by ICC to use reasonable endeavours to effect delivery by that date. No liability will be accepted by ICC for failure to meet a stated delivery date.
5.2. Products supplied by ICC are delivered at the risk of ICC. Customers must make a claim for damage or loss of the goods in writing: -
5.2.1. If a Product is damaged, within 72 hours of delivery; and
5.2.2. If a Product has been lost or is short, within 48 hours of delivery. No claim for loss or damage will be allowed if the Customer claims outside the above time limit.
5.3. If payment is made by credit or debit card, delivery will be made to the statement address of the cardholder.
6. Consumer Rights
6.1. If you are a consumer (a private person buying for their personal use) then you may cancel your purchase at any time within 7 days of receipt and we will give you a refund of the Price Paid. You must inform ICC in writing and return the Products to us immediately in the same condition you received them, at your own cost and risk.
6.2. If a system has been assembled by ICC to the consumer's specification, or the consumer has assembled or tried to assemble any of the goods, then clause 6.1 does not apply.
6.3. If a customer wishes to return Products not covered by clause 6.1 then such Products will be accepted at the discretion of ICC. The customer must obtain a returned goods number from ICC and quote this when returning the goods. The customer will be credited with the current market price.
7. Guarantee
7.1. If within 12 months of being delivered a defect in any Product is discovered which is directly due to faulty goods or workmanship, or if a valid claim is made under 5.2 above, then ICC shall at its option repair or replace the Product free of charge for labour and materials.
7.2. The Customer should return the Product in its original packaging to ICC at the address above. Prior authorisation must be obtained for any returns by contacting ICC customer services and obtaining a returned goods number, which must be quoted in any correspondence.
7.3. All Products other than DIY System Build are sold as individual components. All returns must comprise of only the defective Product.
7.4. If any item is returned which is found not to be faulty by our technicians, then a charge will be made for return carriage insurance and administration.
7.5. This clause does not affect your statutory rights.
8. Limitation of Liability
8.1. ICC accepts liability for any private property loss or damage, death or personal injury caused directly by the negligence or deliberate misconduct of ICC or its employees. Except for death or personal injury, this liability shall be limited to the lesser of 250,000 GBP or the Price Paid.
8.2. ICC shall not be liable for any financial consequential indirect or other losses suffered by the Customer or any third party whether such loss arises in contract or tort or in any other way.
9. Uncontrollable Events and Delays
9.1. In case of delays caused by circumstances beyond the control of ICC or its suppliers, ICC shall have the right to either suspend delivery or to cancel the contract without liability.
9.2. Examples of Uncontrollable Events are (by way of example and not limited to) strike, lockout, riot, revolution, war, epidemic, working difficulties, transportation difficulties, fire, and failure of suppliers or official regulations.
10. Customers Obligations
10.1. You are responsible for your own choice of Product and the suitability for any particular purpose. You must ensure that any Products are compatible.
10.2. Screenshots are for illustration purposes only.
10.3. Specifications are correct as per manufacturer information.
10.4. You must provide reasonable courtesy information and co-operation to ICC.
11. Title and Risk
11.1. Until full payment has been received by ICC for all Products whatsoever, supplied at any time by ICC to the Customer: -
11.1.1. Property of the Products shall remain in ICC;
11.1.2. The Customer shall store the Products in such a way that they can be readily identified as being the property of ICC, and at all times in accordance with ICC recommendations;
11.1.3. subject to 11.1.4 and 11.1.5 below the Customer shall be at liberty in its own name (but not on behalf of or in the name of ICC) to sell the Products in the ordinary course of business, on the basis that any proceeds of sale shall be the property of and be held on trust for ICC;
11.1.4. ICC may at any time suspend or revoke the Customers power of sale by notice in writing to the Customer if the Customer is in default for longer than 14 days in payment of any sum whatsoever due to ICC or if any Bill of Exchange, cheque or other negotiable instrument drawn or accepted or endorsed by the Customer is dishonoured on presentation for payment;
11.1.5. the Customer's power of sale will automatically determine if a Receiver is appointed over any of the assets or the undertaking of the Consumer or a winding up order is made against the Consumer or the Consumer goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or causes a meeting of, or makes any arrangement or composition with creditors or commits any act of bankruptcy;
11.1.6. Upon revocation of the power of sale under clauses 11.1.4 and 11.1.5 above the Customer shall place the Products at the disposal of ICC, who shall be entitled to enter upon any premises of the Customer for the purposes of removing the Products from the premises.
11.1.7. The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for all goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest of other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered.
12. Marketing Emails
12.1 The term Marketing Emails refers to any promotional email communication. The information transmitted in these emails is intended only for the person(s) or entity to which it is addressed and may contain proprietary, confidential and/or privileged material. If you have received an email in error, please contact the sender. Although the emails and any attachments are believed to be free of any virus, it is the responsibility of the recipient to ensure that they are virus free and no responsibility is accepted by the sender for any loss or damage arising in any way from the receipt or use thereof. Errors and omissions are excepted. Images are used for illustrative purposes only.
13. Miscellaneous
13.1. If any part of these Terms and Conditions are found to be invalid or unenforceable by a court the rest are unaffected.
14. Governing Law
14.1 These terms and conditions shall be interpreted under English law and each party hereby submits to the non-exclusive jurisdiction of the English Courts. Headings are for convenience only.