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KVM Choice: Terms & Conditions
MAKING A PURCHASE
Making a purchase could not be easier. Just browse our Catalog, and click on
any items that you wish to buy and put them into the shopping cart. After you
have finished your selection, click on "Checkout" and you will be
asked for a few details that we need to be able to satisfy the order.
We accept credit card payment. If you are shopping outside the UK, place your
order and call us directly on 0870-997 5010.
We accept Visa, Mastercard, Delta, Solo and Switch for online payments. You
may also pay with a cheque, BACS or a credit card by phone or fax.
GENERAL
The Seller is KVM Choice Ltd, 5 The Square, Bagshot, Surrey GU19 5AX. The Buyer
is any person or company who buys or has agreed to buy Goods from the Seller.
Goods means any goods provided by the Seller (or any instalment of the goods
or parts) in accordance with the Seller's standard Terms & Conditions of
Sale.
Conditions means the Standard Terms and Conditions of sale set out in this document.
These Terms & Conditions of Sate supersede any previous Terms & Conditions
of Sate of the Seller. Any variations of these Terms & Conditions must be
confirmed in writing by the Seller and will not otherwise be valid. Any waiver
by the Seller of these Terms & Conditions of Sale on any occasion shall
merely act as a waiver on that occasion, and shall not affect the Seller's right
to enforce these Terms & Conditions on any further occasion, no Terms &
Conditions stipulated by the Buyer shall have effect unless otherwise agreed
in writing from the Seller.
PRICES
Unless otherwise stated any prices quoted by the Seller are
(i) Exclusive of value added tax and any other taxes and duties.
(ii) Exclusive of carriage, packaging and insurance,
(iii) Exclusive of any release certificates, The Seller shall charge extra in
respect of these items, Prices to the Buyer are subject to change without notice
after the date of the Seller's acceptance' of the Buyer's order where the Seller
has incurred increased costs due to currency exchange rate change, Import duty
change, Increased freight charges. Increased prices from supplier or surcharges,
Where agreed call-off are not adhered to, the Seller reserves the right to amend
the price structure In accordance with quantities delivered. In any event the
Seller retains the right to invoice at the price ruling at the time of delivery,
The Seller reserves the right to amend prices to correct errors or omissions.
(iv) All prices quoted are on an ex works basis and valid for no more than 28
days, however the seller still reserves the right to give notice to the buyer
and amend prices at any time before delivery.
PAYMENT
Strictly net cash with order unless a credit account has been established with
KVM Choice Ltd. but payments must in any case be made no later than thirty days
from the relevant invoice, Where payment is not made in accordance with the
terms above, the Buyer shall pay interest on any amount calculated at 8% above
HSBC Bank PLC's base rate for the time being in force calculated on a daily
basis. The Seller reserves the right to suspend deliveries where payment is
not received in accordance with these Terms & Conditions of Sale, The Seller
reserves the right at the Seller's complete discretion to refuse to establish
a credit account for any Buyer, to refuse credit to any Buyer notwithstanding
that a credit account may already have been established, and to withdraw credit
account facilities, Without prejudice to the Seller's other rights. A minimum
charge of ten pounds will be levied on all returned cheques.
DELIVERY
All despatch dates are estimated and are not guaranteed and do not form a term
of this contract. Whilst every endeavour will be made to comply with these dates,
the Seller shall have no liability whatsoever for delay in despatch or delivery,
or for any loss occasioned thereby. Late delivery does not entitle the Buyer
to cancel the order, Any shortages and/or damages in delivery must be notified
in writing to the Seller within two days of receipt.
RISK
(a) Risk of damage to or loss of the Goods shall pass to the Buyer at the time
of delivery of the Goods.
(b) Delivery of the Goods shall be deemed to take place at the time the same
are posted by KVM Choice Ltd in a package addressed to the Buyer, placed in
the hands of any delivery agent or service or, if the Buyer collects the goods,
when KVM Choice Ltd notifies the Buyer that they are available for collection.
OWNERSHIP
At the Seller's discretion, ownership of the Goods may not pass from the Seller
to the Buyer until the Buyer has made a payment in full thereof (and any other
monies owing to the Seller). If payment is not made in accordance with these
Terms & Conditions of Sale, the Seller shall have the right (without prejudice
to the obligation of the Buyer to purchase the Goods, and to any other remedy
that may be available to the Seller) to retake possession of Goods not fully
paid for, and to go upon any premises occupied by the Buyer.
WARRANTY
Unless otherwise stated, if any Goods being hardware are or become faulty or
defective by reason only of use of defective materials or workmanship within
a period of one year from the date of delivery. The Seller will at the Seller's
option either refund the price of such Goods or replace or repair such Goods
provided that the Buyer shall have notified the Seller of the fault or defect
in the Goods, and shall have returned the faulty or defective Goods to the Seller,
Other than set out in this Condition all warranties, conditions or other terms
expressed or implied, statutory or otherwise, are excluded. Subject to the aforesaid
the Seller shall be under no liability in contract or tort for any loss, damage,
death or injury arising directly or indirectly out of the supply use or misuse
of the Goods, to the Buyer or any third party.
ORDERS & SPECIFICATIONS
No order submitted by the buyer shall be deemed to be accepted by the seller
unless and until confirmed by the sellers authorised representative.
The buyer shall be responsible to the seller for ensuring the accuracy of the
terms of any order (including any applicable specification) submitted by the
buyer and for giving the seller any necessary information relating to the goods
within a sufficient time to enable the seller to perform the contract in accordance
with those terms. The quality, description and quantity of and any specification
for the goods shall be those set out in the sellers quotation (if acceptable
by the buyer) or the buyers order (if accepted by the seller). Where cable lengths
are mentioned or worked to they are to a tolerance of +/- 10 % as is believed
the industry standard for cable suppliers unless otherwise agreed to any other
tolerance or specification. For any goods manufactured or any works carried
out, the buyer shall indemnify the seller against all claims, loss, damages
and expenses incurred or for any infringement of patent, copyright, design,
trademark or other intellectual property rights for which the seller may become
liable by following the requirements or specification supplied. The seller reserves
the right to make any changes to the specification for goods, which are required
to conform to, any statutory or safety requirements.
INSOLVENCY
This clause applies if: - the buyer makes any arrangement with its creditors
or becomes subject to an administration order or (being an individual or firm)
becomes bankrupt or (being a company) goes into liquidation (otherwise than
for the purpose of amalgamation or reconstruction) or an encumbrance takes possession,
or a receiver is appointed for any of the property or assets of the buyer, or
the buyer ceases, threatens to cease, to carry on business, or the buyer reasonably
apprehends that any of the events mentioned above is about to occur in relation
to the buyer and notifies the buyer accordingly. If any of the above applies
then without prejudice to any other right or remedy available to the seller,
the seller shall be entitled to cancel the contract or suspend any further deliveries
under the contract without any liability to the buyer, and if the goods have
been delivered but not paid for the price shall become immediately due and payable
notwithstanding any previous agreement or arrangement to the contrary
FORCE MAJEURE
KVM Choice Ltd will not be liable to the Buyer or deemed to be in breach of
contract because of any delay or non-performance directly or indirectly due
to any cause beyond KVM Choice Ltd 's reasonable control including without limitation
lack of adequate instructions from the Buyer, Governmental regulations or requirements,
Acts of God, unavailability of materials, work stoppages, strikes, slowdowns,
boycotts or other industrial action and in such case may wholly or partially
suspend shipment of Goods.
WAIVER
The failure on the part of KVM Choice Ltd to exercise or enforce any rights
conferred by the contract shall not be deemed to be a waiver of any such right
nor operate so as to bar the exercise or enforcement thereof at any time or
times thereafter.
SEVERABILITY
The invalidity of the whole or any part of any of these Terms & Conditions
shall not affect the validity of the remaining part of the particular Term or
Condition or the provisions of these Terms & Conditions.
BUSINESS CANCELLATIONS, RE-SCHEDULES & RETURNS.
Business Procedures (Not applicable to Consumer customers)
Requests to cancel or re-schedule orders must be made in writing to the Seller.
The Seller is under no obligation to accept such cancellations or re-schedules.
Without prejudice, the Seller reserves the right to make a charge on the Buyer
to recover costs upto 100% including loss of profit upto 100% incurred by
the
Seller due to such a cancellation or re-schedule. In addition in the event
the seller is unable to cancel delivery from their supplier to charge upto
100%
of those goods or services to the buyer including manufacturing, labour and
or material costs. In the event of a partial cancellation of any order KVM
Choice
Ltd. reserve the right to change / increase pricing on the remaining or other
items. Returns not accepted without an authorised returns RMA number, returns
request form available upon request. Restocking charges may be applicable.
Any goods returned for credit for any reason will be subject to a minimum admin charge of £ 10.00 this is to cover the built in service and delivery charges within the products published net. purchase price. Faulty items returned for repair or replacement will be unaffected by this as no fund credit would be required.
Goods are to be returned at the consumers cost and must be sent by a carrier
or postal service of sufficient value cover and in sufficient packaging
as to
protect the product
In transportation this method must also obtain a signature on delivery.
Unfortunately we cannot except liability for goods unless or until signed
for by authorised personnel of KVM Choice at our named official address.
CONSUMER CANCELLATIONS, RE-SCHEDULES & RETURNS.
Consumer Procedures: (Not applicable to Business customers see business procedures)
In the case of goods consumers can cancel within 7 working days from after the
day in which they receive the goods. This includes goods that are not faulty
or damaged in any way. These goods and the packaging must be in undamaged and
re-saleable condition so that a full refund of the product items original, purchase
price can be made. This is provided that the goods were not specially made up
to the customer's specifications in any way.
Any goods returned for credit for any reason will be subject to a minimum admin charge of £ 10.00 this is to cover the built in service and delivery charges within the products published net. purchase price. Faulty items returned for repair or replacement will be unaffected by this as no fund credit would be required
Before returning any goods an official RMA Number must be obtained from KVM
Choice Ltd. This will allow us to deal with your return more efficiently and
obviously identify your goods on arrival to our warehouse.
Please contact us either by telephone +44 (0) 1483 405 010 or email for any
assistance.
Goods are to be returned at the consumer's cost and must be sent by a carrier
or postal service of sufficient value cover and in sufficient packaging as to
protect the product
in transportation, this service must also obtain a signature on delivery.
Unfortunately we cannot except liability for goods unless or until signed for
by authorised personnel of KVM Choice at our named official address.
FAULTY GOODS.
If any goods are found to be damaged on delivery or appear to be faulty please
contact us immediately before returning anything.
We can than provide a return RMA Number and record the fault, but sometimes
identify the problem if you are in any doubt about the product
Goods are to be returned by the customer and must be sent by a carrier or postal
service of sufficient value cover and in sufficient packaging as to protect
the product
In transportation this method must also obtain a signature on delivery.
Unfortunately we cannot except liability for goods unless or until signed for
by authorised personnel of KVM Choice at our named official address.
ADDRESS FOR ALL RETURNS
Contact us to receive your RMA number, and send the
goods clearly marked with this number to:
KVM Choice Ltd
5 The Square,
Bagshot,
Surrey,
GU19 5AX
TAX CHARGES
For orders made within the UK, VAT is added. All other orders should be
made by contacting us directly.
CREDIT CARD SECURITY
Credit card numbers are not held on this website. A credit card number will
be requested only when within the secure (SSL) area of our Payment Service Provider
ProTX.
GUARANTEE
We guarantee complete satisfaction to consumers. All of our products bought
online come with a 7-day no quibble guarantee to consumers. Please refer to
Business Cancellations, Re-schedules & Returns or Consumer
Cancellations, Re-schedules & Returns above.
PRIVACY POLICY
KVM Choice do not disclose buyers' information to third parties. Cookies are
used on this shopping site to keep track of the contents of your shopping cart
once you have selected an item. Data collected by this site is used to:
a. Take and fulfill customer orders
b. Administer and enhance the site and service
c. Only disclose information to third-parties for goods delivery purposes
LAW
This contract shall be governed by English Law and the English courts shall
have jurisdiction in relation thereto.