1.1 Where Goods supplied to you were not manufactured by us, we give no warranty as to the fitness and/or quality of the Goods.
1.2 You shall be entitled only to such warranty for the Goods as we have received from the manufacturer of the Goods.
2 Prices and Payment
2.1 The price of the Goods and/or Services shall be the price as stated in the Quotation and/or the Order.
2.2 Quotes valid for calendar month of quotation date unless otherwise stated, or foreign currency exchange rate dependent
2.3 Value Added Tax (VAT) at the prevailing rate shall be added to the price of the Goods and Services whether stated in the Quotation and/or the Order
2.4 Where Goods and/or Services are supplied by us to you under a credit agreement between us, we shall invoice you on or at any time after delivery of the Goods and supply of the Services and, unless we otherwise agree in writing, payment must be made by you in full within 14 days of the invoice date.
2.5 Upon giving notice to you at any time before delivery of the Goods we reserve the right to increase or decrease the price of the Goods to reflect any increases or decreases in the cost to us of providing the Goods to you.
2.7 Time shall be of the essence with respect to payment.
2.8 We reserve the right to request a 50% deposit, in advance for any orders at our discretion.
3 Title and Risk
3.1 For the purpose of section 12 of the Sale of Goods Act 1979 We shall transfer only such title or rights in respect of the Goods as We have and if the Goods are purchased by us from a third party shall transfer only such title or rights as that party had and has transferred to Us.
3.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with Us and shall not pass to You until the amount due under the invoice for the Goods (including any interest, costs, and expenses We may be entitled to under the Agreement) has been paid in full.
3.3 Until title passes you shall hold the Goods as bailee for Us and shall store or mark them so that they can at all times be identified as Our property and in the event You become insolvent, have an administrative receiver appointed of Your business, make or take steps to make any composition or arrangement with Your creditors, or are compulsorily or voluntarily wound up or cease or threaten to cease trading or We bona fide believe that any of those events may occur, You will have no rights to use, sell, or otherwise deal with the Goods or any of them.
3.4 We may at any time before title passes (including in the event You become insolvent, have an administrative receiver appointed of your business, make or take steps to make any composition or arrangement with your creditors, or are compulsorily or voluntarily wound up or cease or threaten to cease trading or we bona fide believe that any of those events may occur) and without any liability to You, (i) repossess and dismantle and use or sell all or any of the Goods and by doing so terminate your right to use, sell, or otherwise deal with them, and (ii) for that purpose (or determining what if any Goods are held by you and inspecting them) enter any premises of or occupied by you.
3.5 Until title passes the entire proceeds of sale of the Goods shall be held in trust for us and shall be held in a separate designated account and not mingled with other moneys or paid into any overdrawn bank account and shall be always identifiable as our money.
3.6 We may maintain an action for the price of any Goods notwithstanding that title in them has not passed to You.
3.7 For the avoidance of doubt title to any software supplied by Us to You, including all Intellectual Property Rights in the software, shall always remain with the manufacturers of the software.
3.8 The Goods are deemed to be delivered to You when We make them available to You or any agent of Yours or any carrier (who shall be Your agent whoever pays its charges) at Our premises or other delivery point agreed by the parties.
3.9 Risk in the Goods passes when they are delivered in accordance with clause 3.8.
3.10 We may at Our discretion deliver the Goods by instalments in any sequence.
3.11 Where the Goods are delivered by instalments, no default or failure by Us in respect of any one or more instalments shall vitiate the Agreement in respect of the Goods previously delivered or undelivered Goods or entitle You to withhold any payment due under the Agreement.
3.12 Any dates quoted by Us for the delivery of the Goods are approximate only and shall not form part of the Agreement and You acknowledge that in the performance expected of Us no regard has been paid to any quoted delivery dates.
3.13 If You fail (i) to take delivery of the Goods or any part of them on the due date, and (ii) to provide any instructions or documents required to enable the Goods to be delivered on the due date, We may on giving written notice to You store or arrange for the storage of the Goods, and on the service of the notice risk in the Goods shall pass to You, delivery of the Goods shall be deemed to have taken place, and You shall pay to Us all costs and expenses including storage, redelivery, and insurance charges arising from Your failure.
4 Warranties and Limitation of Liability
4.1 We provide warranties and accept liability only to the extent stated in this clause, and any conditions, warranties, or other terms concerning the supply of the Goods and Services which might otherwise be implied into or incorporated within these Terms are hereby excluded.
4.2 We do not exclude or restrict Our liability for death and personal injury caused by Our own negligence or any other liability the exclusion of which is prohibited at law.
4.3 In supplying the Good and Services you acknowledge and accept that (i) Our only obligation is to exercise reasonable care and skill in providing the Services, (ii) We shall in no circumstances be liable for any indirect or consequential loss, damages, or expenses (including without limitation loss of profits, contracts, business, or goodwill) howsoever arising out of any problem, event, action, data loss, or default of Ours, (iii) We cannot warrant or guarantee that the Services will be uninterrupted.
4.4 Our maximum aggregate liability to You for any breach or series of breaches of the Agreement and/or any negligence shall in no circumstances exceed the price paid by You to Us for the Goods and/or Services which are the subject of the breach or negligence
5 Returns & Refunds
5.1 All returns of Products can only be made, and will only be accepted by Epoq IT if they comply with the following:
5.2. Prior authorisation must be obtained from Epoq IT via written confirmation, inclusive of a returns number or such other method as Epoq IT may advise. Such prior authorisation shall be given at Epoq IT’s sole discretion;
5.3. the Products in issue must be returned within 10 days of the authorisation to return under Clause 5.2;
5.4. the Products must be properly and securely packed with the relevant returns reference and document attached and be delivered to the address on the authorisation under Clause 5.2
5.5. for non-faulty Products, the Products must be in their original condition, unopened and with original seals intact;
5.6. for faulty Products, the Buyer acknowledges that Epoq IT is not the manufacturer of the Vendor Products and has to rely on the manufacturer to perform any returns or warranty obligations. To the extent permitted by applicable law, Epoq IT provides to Buyer the Vendor Product warranties and remedies provided to Epoq IT by the Vendor.
5.7. Subject to Clause 5.6, Epoq IT warrants that at the time of delivery, Products will conform to the agreed specifications; and (ii) to the extent permitted by applicable law, (a) Epoq IT makes no other warranty, express or implied by statute or otherwise, such as the warranty of merchantability, fitness for purpose, workmanlike quality, non-infringement or arising from any previous course of dealing; and (b) unless it is specifically stated in the software‘s applicable license agreement, software is provided “as is” with no additional warranty. To the extent Epoq IT cannot lawfully disclaim any implied or statutory warranties, Buyer’s statutory rights remain in force.
5.8 Epoq IT reserves the right to reject any Products which do not comply with the conditions set out in Clause 5.1. If Epoq IT agrees to accept any non-faulty Products returned which are not in their original condition, Epoq IT reserves the right to charge the cost to the Buyer of bringing the non-faulty Products into a saleable condition.
5.9. Epoq IT reserves the right to test all Products returned as faulty and to return to the Buyer (at the Buyer’s expense) any Products found not to be faulty. Epoq IT also reserves the right to levy an additional reasonable charge to cover the cost of such testing.
5.10. Epoq IT reserves the right to levy an administration charge in respect of the rotation of Products and returns.
6 Delivery and Handling Service Charges
6.1 Epoq IT reserves the right to charge a delivery fee of £15.00 (Ex VAT) per order, plus an additional surcharge, per consignment for any goods that need to be re-distributed on behalf of the customer.
6.2 In reference to the Epoq IT PC Build service, we reserve the right to charge an additional handling fee of £25.00 (Ex VAT) per device for our services, inclusive of administrative and courier costs.