The following terms and conditions (the “Terms”) are the terms on which Think Information Technology Ltd (“Think IT”) sell goods and/or services (our “Products”). These Terms supersede all other terms and conditions relating to the subject matter of these Terms.
Price and Payment
- The price (exclusive of VAT) for the Products (the “Price”) shall be the price quoted by Think IT and payment of the Price shall be made by the purchaser within 14 days of the date of the invoice (the “Due Date”) for the Products unless otherwise agreed.
- If the Price is not paid in full by the Due Date interest shall be accrued both before and after judgement on the unpaid portion of the Price at the rate of 5% above the base rate.
- Quoted Prices are valid for a period of 30 days from date of issue.
- Travel and any other related expenses are charged in addition to all other quoted Prices.
- Unless otherwise specified, quotes and estimates are based upon working within normal business hours (Monday to Friday, 9:00 to 17:00) and exclude public holidays in England.
The description and the quantity of the Products to be sold shall be as set out in the quotation provided by Think IT to the purchaser (the “Quotation”).
Think IT shall deliver the goods and/or provide the services to the purchaser at the address of the purchaser as shown on the Quotation. Time shall not be of the essence for delivery or provision of the Products.
The purchaser shall be deemed to have accepted the Products if they have not been rejected on or before the 7th day after delivery. The purchaser shall not be entitled to reject the Products in whole or in part after such date.
Title and Risk
- The goods shall be at the risk of the purchaser following delivery.
- Notwithstanding the delivery, title in the Products shall not pass to the purchaser until payment of the Price and of all sums owing to Think IT in full.
- Until such time as title in the Products passes to the purchaser, Think IT shall have the right to repossess or otherwise recover the Products.
Limitation of Liability
- Save in respect of personal injury or death due to the negligence of Think IT, Think IT shall not be liable to the purchaser in respect of any loss suffered by the purchaser due to any defect in the Products.
- Without prejudice to clause 6.1 above, Think IT shall not be liable to the purchaser or to any third party for any loss of profit, consequential or other economic loss suffered by the purchaser arising in any way from these Terms.
- Save in respect of personal injury or death due to the negligence of Think IT, the liability of Think IT under these Terms shall not exceed the Price.
Think IT shall not be liable for any default due to any circumstances beyond the reasonable control of Think IT including, but not limited to, acts of God, war, civil unrest, riot, strike, lock-out, acts of civil or military authorities, fire, flood, earthquake or shortage of supply of or failure to deliver the Products.
- If any term or provision of these Terms is held invalid illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these terms and conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
- Think IT may without the consent of the purchaser sub-license its rights or obligations or any part of these Terms.
- The headings of these Terms are for ease of reference only and shall not affect the interpretation of any of the terms and conditions.
Governing Law and Jurisdiction
The Laws of England and Wales shall govern these Terms and the parties hereby submit to the non-exclusive jurisdiction of the Courts of England and Wales.
Nothing in this agreement and no action taken by either of the parties shall constitute or be deemed to constitute to such parties a partnership association, joint venture or other cooperative entity.
- Think IT and the purchaser each agree to keep confidentiality and use only for the purpose of exerting and performing their respective rights and obligations under these Terms all plans, designs, drawings, trade secrets, business and other confidential information which are disclosed or made available by one party or the other (the “Confidential Information”).
- Each of Think IT and the purchaser undertake not to disclose to any third party such Confidential Information without the express written consent of the other.
- No obligation of confidentiality under this clause shall apply to Confidential Information i) which is already in possession of the disclosing party without obligation of confidentiality owed to them; ii) has been developed to the disclosing party independently without access to the relevant Confidential Information; iii) which the disclosing party rightfully receives without obligation of confidentiality from a third party; or iv) which enters the public domain other than by reason of any breach of this agreement save that Think IT have the right to publicise that the purchaser is a party to these Terms in any advertising or promotion.
Rights of Consumers
Nothing in these Terms shall affect the statutory rights of a consumer.