Terms of service

(THESE DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CUSTOMER)

1. Definitions

The following words and expressions shall have the meanings set out opposite unless context shall require otherwise:-

1.1 'Crane micro' means Crane micro and any subsidiary or group company.
1.2 'Customer' means the person who buys or agreed to buy a product from Crane micro.
1.3 'Products' means the goods or services supplied by Crane micro to the customer.
1.4 'Third Party Software' means all software owned by or licensed to the customer by third parties and which comprised part or all the products.

2. General

2.1 Any order or product shall be deemed to be an offer by the customer to purchase products pursuant to these terms and conditions.
2.2 The contract between the company and the customer in respect of the products comes into existence when the customer's order has been accepted by Crane micro in accordance with the terms and conditions contained herein.
2.3 These terms and conditions shall not be altered, modified or varied unless expressly agreed by a Director of Crane micro.
2.4 It is agreed that these terms and conditions prevail over those of the customer unless those terms and conditions are amended by Crane micro and endorsed with a signature of a Director of same.

3. Price

3.1 All price lists, advertising or similar materials issued by Crane micro are indicative only as to price and range of product available from time to time.
3.2 The price shall be the price quoted by Crane micro at the time of the order being placed and may exclude delivery charges and VAT (which shall be due at the rate ruling on the date of Crane micro invoice). A total price including surcharges and VAT will be issued on completion of the customer placing the order.
3.3 Crane micro reserves the right to amend quoted prices and delivery charges at any time prior to delivery.

4. Payment

4.1 The customer will pay the price and any other sums due in respect to the products prior to despatch.
4.2 Credit account invoices (unless otherwise agreed with Crane micro) shall be payable by the customer within 30 days of Crane micro invoice, in the event of late payment Crane micro reserves the right to charge interest on overdue amounts at an interest rate of 4% above the prevailing base rate at Yorkshire Bank plc. Such interest shall accrue on a daily basis and be payable on demand after as well as before judgement.

5. Delivery

5.1 Delivery times shall be estimates only and time shall not be of the essence of the contract.
5.2 Crane micro shall be entitled to deliver the products in one or more consignments unless otherwise expressly agreed.
5.3 Delivery shall be deemed to be completed when the products arrive at the customer's premises.
5.4 All risk in the products shall pass to the customer or its appointed agent at the time of delivery.

6. Title

6.1 In spite of delivery having taken place title to the product shall not pass to the customer until all sums due have been passed to Crane micro.
6.2 Prior to the title passing to the customer, the customer shall keep the goods in a separate store protected, insured and clearly identified and bear any cost thereof.
6.3 The customer's power of sale or right to use such products shall immediately cease an Administrative Receiver is appointed over any or all of its assets, should it enter into voluntary or compulsory liquidation, or e subject to a court order seeking seizure of personal property.
6.4 On the termination of the customers' power of sale or right to use such products the customer will immediately hold the products to the order of Crane micro, and not pledge the goods as security for any indebtedness.
6.5 Crane micro reserves the right to cease supplies of goods to the customer at any time, on such cessation the right to withdraw any credit facility will apply such that the whole of the customer's account becomes due forthwith.

7. Returns

7.1 The customer shall upon delivery immediately inspect the goods and shall within 48 hours of delivery notify Crane micro of any damage, defects or discrepancies. The customer shall be deemed as accepting the product if the product has been removed from its wrapping.
7.2 Any physically damaged, discrepancy or unopened products must be returned to Crane micro within 14 days of delivery. Where the product manufacturers' terms and conditions are more stringent the customer must, as will Crane micro, comply with those requirements.
7.3 Crane micro will make good by repay or replace at its option any products which under proper use are or become defective within a period of 12 months from the date of purchase invoice, except for pr-owned items or systems where the limit is 3 months.
7.4 In order to expedite returns some products are referred to the manufacturer who will deal with the return themselves.
7.5 Crane micro will only accept products that are in a returnable condition and they must be returned with all items included in the original sale, including manuals, cables, discs and any free software items. For products being returned for a refund the original product packaging must also be returned in a suitable condition.
7.6 The product must be adequately wrapped to prevent damage during transit. It would also help to speed the returns process if a detailed note of the faults was included.
7.7 Crane micro does not accept liability for packages damaged during transit and proof of posting is not proof of delivery. The cost of return carriage is borne by the customer.
7.8 On receipt of the package the product will be tested against the reported fault (if any). Tested products found to be in full working order will be returned to the customer.
Please note. Your right to cancel does not extend to business customers or goods that are collected from our outlet. You have the right to return goods collected from the outlet within 7 working days, returns are subject to a 15% handling charge. With the exception of faulty items which are subject to a full refund or exchange.
Crane micro is not responsible for the cost of labour or other expenses incurred in repairing or replacing defective or non- conforming parts.
Except as specifically set out in this clause 7, Crane micro disclaims and excludes all other warranties whether express or implied, by statute or otherwise, including but not limited to the warranties of description, design, merchantability and fitness for a particular purpose, or arising from any previous course of dealing, usage or trade practice.

8. Service and Repair

8.1 Crane micro may at its discretion accept items for fault diagnosis and repair outside of the warranty period, at the responsibility of the owner. Any actions taken to replace components etc will be agreed with the owner either before or during the period of equipment retention by a member of Crane micro staff.
8.2 Upon completion of the fault diagnosis and repair the supplier will be notified arrangements made for payment. .See section 4.
8.3 All and any items not paid for or collected within 3 months (13 weeks) may be forfeited and sold to recoup any incurred cost relating to the service provided. The supplier will have no recourse to compensation for the loss from Crane micro.

9. Limitation of liability

9.1 Crane micro's liabilities in respect of any defect in the product or for any breach of agreement or any duty owed to the customer in connection herewith shall be limited in the aggregate to the price of the product in question. Except in respect of death or personal injury caused by the negligence of Crane micro.
9.2 In no event shall Crane micro be liable for special indirect or consequential damage, including but not limited to loss of profits arriving from loss of data or in connection with the use of the product. All items of any nature, express or implied statutory or otherwise, as to correspondence and any particular description or sample, fitness for purpose of merchantability are hereby excluded.
9.3 Crane micro accepts no liability for loss of data on any machine in its custody.

10. Proprietary Rights

10.1 Crane micro's liability to the customer in the event of goods infringing or being alleged to infringe the rights of any third party shall be subject to the limits specified in condition 10 hereof. In the event that the goods are or may be the subject of patent copyright, trademark or other third party rights Crane micro shall be obliged to transfer any such title as the company may have.
10.2 The customer hereby acknowledges their sole responsibility to comply with all terms and conditions of any license attaching to third party software supplied and delivered by Crane micro. Failure to comply with such terms and conditions may result in the refusal to issue a software license or having the same revoked by the proprietary owner. The customer further agrees to indemnify Crane micro in respect of all costs, charges or expenses incurred by Crane micro as a result of any breach by the customer of such conditions.

11. Suitability of goods

11.1 It shall be the responsibility of the customer to ensure that the goods shall be suitable for the particular application for which they are purchased. Product information and publicity material supplied by the company or the company's supplier who indicates the suitability of the goods is indented for general guidance only.
11.2 Crane micro will not accept cancellations or returns of bespoke items or systems etc. unless subject to clause 7.1/7.2.

12. Waiver

12.1 The failure of Crane micro to enforce or to exercise at any time or for any period of time any right arising from this agreement does not constitute and shall not be construed as a waiver of such term or right.

13. Force Majeure

13.1 Neither party shall be liable for any default due to an Act of God, war, strike, lock-out industrial action, fire, flood, drought, storm or any other such event which is beyond the reasonable control of either party.

14. Communication

14.1 Contact between parties in pursuant of this agreement may be achieved by hand delivery or recorded post or other such means which results in the receipt of a written communication in permanent form.

15. Legal provisions

15.1 This agreement is governed by the provisions of English Law and the parties hereby submit to the jurisdiction of the English courts.

16. General

16.1 All headings are for convenience only and do not form part of or effect the interpretation of this agreement.