Terms & Conditions

 

1. General

All quotations are given, order accepted and goods and services supplied subject to the following terms and conditions. No additions or variation shall be effective unless agreed in writing by the parties. No employee, representative or agent of CP Tech has the authority to give affirmation, representation or warranty concerning the services supplied unless specifically made part of the contract and confirmed in writing by CP Tech.

2. Performance

In no event shall CP Tech be liable in respect of any claim arising out of any of the services proving not to be fit and suitable for any purpose other than that notified to CP Tech by the Customer. This should be stated in the Customer’s order and/or reasonably understood by the Customer to be the purpose for which the services were to be used.

3. Service Disclaimer

CP Tech will not provide any guarantee or warranty, nor will it be liable for any damage or loss of whatsoever nature whether due to the negligence or any other clause whatsoever occasioned by a firm acting on information provided under this contract. Whilst every care has been taken to ensure that advice given in any report is correct CP Tech will not accept responsibility for loss, damage, etc howsoever occasioned by the implementation of such advice. No liability shall rest upon CP Tech if implementation of any of the advice contained in any report would involve the use of patents and like protection not held by the Customer. CP Tech warrants that any software produced by CP Tech will perform substantially in accordance with the accompanying user guide for a period of 30 days from the date of installation. Any implied warranties are limited to 30 days. CP Tech entire liability and the Customer’s exclusive remedy shall be at CP Tech discretion either (a) return of price paid or (b) repair or replacement of the software.

4. Prices and Charges

All quoted prices and charges are based upon the cost of the software or services and transport etc prevailing at the date of quotation.

If any such costs to CP Tech increase before the date of the delivery of the goods, then CP Tech has the right to pass on any such costs to the Customer. Unless otherwise stated, all prices and charges are exclusive of Value Added Tax. Quotations are within the period stated or within 30 days, whichever is the shorter period.

5. Terms of Payment

Terms are as specified within the quotation. Invoices will be submitted on or prior to each delivery. In the event that payment is not made within the due date, CP Tech reserves the right to charge interest at 1.5% above the current base lending rate, calculated on a daily basis, on any amounts not paid.

6. Reservation of Title

The title to and property in all products supplied to the Customer by CP Tech shall remain vested in CP Tech until the full purchase price and all expenses have been paid in full. Failure on the Customer’s part to pay the purchase price and any such charges in full, shall give CP Tech the right to take possession of any products supplied by CP Tech without prior notice, and without prejudice to CP Tech right to avail itself of any other legal remedy. Any software produced by CP Tech cannot be transferred to any other company without written permission from CP Tech.

7. Consequential Loss

In no circumstances will CP Tech be liable for any indirect or consequential loss of whatever nature, howsoever caused. CP Tech entire liability for any software produced by CP Tech shall be limited to the amount actually paid by the Customer for the software.

8. Termination

Notwithstanding anything contained elsewhere in this agreement, CP Tech may terminate this agreement forthwith on giving written notice to the Customer if the Customer fails to make any payment on the due date, or commits any other breach of the terms of this agreement. If any distress or execution shall be levied upon the property or assets of one party hereto, or if that party shall make or offer any arrangement or composition with creditors, or commit any act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented or made against it or, if it is a limited company, any resolution or petition to wind it up (other than for the purpose of amalgamation or reconstruction) shall be made or if a receiver or liquidator is appointed over the undertaking, property or assets, or any part thereof, or if any other is applied for and/or granted over its assets, then in any of the foregoing events the other party hereto shall be entitled to terminate this agreement but any such termination shall be without prejudice to any other rights of CP Tech accrued prior to termination. Where this agreement is terminated as provided in this Clause all payments to CP Tech for the services done to date will be immediately due and payable; furthermore, a cancellation charge may be payable. Where services are cancelled by the Customer, a cancellation charge of 50%, or 100% if less than 7 calendar days before the service will normally be payable.