| Terms of Service |
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| STANDARD TERMS AND CONDITIONS
OF SALE |
| 1. DEFINITIONS |
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| 2. ORDERS |
- All orders are deemed to have been made by the Customer and
accepted by Infodrive upon and subject to these conditions.
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| 3. PRICES |
- Infodrive shall establish the prices to be charged to the Customer
for the Goods, from time to time, which may be published in a
Infodrive price list.
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Unless otherwise stated on Infodrive’s
invoice the price of the equipment shall mean and include Infodrive’s
costs of standard, packing, normal insurance and delivery to
the address in the United Kingdom specified in writing by the
Customer to Infodrive on or with the order. Unless otherwise
indicated prices are exclusive of Value added Tax. The cost
of any special packing and all other transport requested by
the Customer shall be payable by the Customer and the Customer
must make this own special insurance arrangements.
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| 4. PAYMENT |
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The Customer shall make payment in full by
the due date shown on the invoice without any deduction or withholding
whatsoever on any account.
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If payment is not received in full when due,
the customer shall pay interest at a rate per annum which is
5% (percent) above Barclays Bank Plc base lending rate as it
may vary from time to time.
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If payment is to be made by instalments,
the failure of the Customer to pay an instalment in due time
shall entitle Infodrive to treat such failure as a repudiation
of the whole contract by the Customer and to recover damages
for breach of contract from the Customer.
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Infodrive reserves the right to defer without
penalty delivery of any goods which have been ordered by the
Customer for so long as amounts due to Infodrive remain overdue
for payment or any credit limit is exceeded.
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| 5. PROPERTY AND RISK |
- Under the provisions of S19 of the Sale of Goods Act 1979, Infodrive
reserves the right of disposal of the goods which are the subject
matter of this contract, until they have been paid in full by,
or on behalf of the customer. Should the goods be sold by the
Customer before the above condition regarding payment has been
met, Infodrive’s interest shall attach to the proceeds of
such resale, whether received or receivable, without prejudice
to any further claim Infodrive may have against the customer under
this contract.
- Notwithstanding the conditions set out in paragraph 5(a) above,
the goods shall be at the Customer’s risk from the time
of delivery to him, or to any carrier or agent acting on his behalf.
- The terms of this contract set out in paragraph 5(a) above,
do not entitle the Customer to return the goods, or refuse or
delay payment on the grounds that the property in them has has
not passed to him.
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| 6. DELIVERY AND INSTALLATION
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All delivery and installation dates are estimates
only and Infodrive shall not be liable for any loss, cost, damages
or expenses suffered by the company or any other person or company,
howsoever arising whether directly or indirectly out of failure
to meet any estimated delivery or installation date.
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Infodrive reserves the right to suspend
delivery of any order.
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Delivery against an order(s) placed for
the goods shall be clearly evidenced by the return to Infodrive
of its authorised carrier(s) official Packing/Delivery Note
which must be signed and dated by and employee of the Customer
whose signature should be legibly identified in capital letters
on the Packing/Delivery Note. Receipt by Infodrive of the signed
Packing/Delivery Note howsoever signed as acknowledgement of
receipt of the goods shall be absolute and irrevocable proof
of delivery of the special (numbered) items entered on the Packing/
Delivery Note and no claims for shortages will be accepted or
considered.
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Infodrive reserves the right not to deliver
the goods and to cancel the order where the prices quoted are
clearly wrong.
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| 7. SHORTAGES AND DAMAGES |
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The customer shall inspect the goods immediately
upon delivery and shall within 14 days of such delivery, give
notice in writing to Infodrive if it is alleged that the goods
are not in accordance with the order. Any claim outside the
14 days will not be accepted.
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The customer shall in respect of alleged
visible damage to the goods at the time of delivery, make a
note of the alleged damage on the Packing/Delivery Note reffered
to in 6.a above and shall additionally within 14 days give notice
in writing to Infodrive of such alleged damage.
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If the customer shall fail to give notice
as required in 7.a and 7.b above (as applicable), then the goods
shall be deemed in all respects to be in accordance with the
order and the customer shall be deemed to have irrevocably and
unconditionally accepted the goods as being completely satisfactory.
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Any of the goods in respect of which the
customer makes a claim hereunder, shall be preserved by the
customer as delivered and at its risk for a period of 21 days
from notification of the claim within which time Infodrive or
its authorised agent shall have the right to investigate the
complaint and inspect the goods. All original packaging should
be retained until inspected by Infodrive.
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Infodrive will repair or replace free of
charge, any of the goods damaged or lost in transit provided
the customer shall give Infodrive in writing notification of
such damage or loss within 14 days as provided under 7.a and
7.b above. Any claim outside the 14 days will not be accepted.
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| 8. CONSEQUENTIAL LOSS |
| Infodrive hereby expressly excludes to the extents permitted by
Law any liability (arising in contract or in tort, howsoever otherwise
arising) for:- |
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Consequential loss or damage caused by or
arising out of the use of the goods or occurring respect of
the goods, and
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Loss or damage due to fair wear and tear
and negligence or improper use, operation, storage or handling
of the use or operation of the goods other than strictly in
accordance with Infodrive’s or the manufacturer’s
written instructions as supplied with the goods, and
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Loss, Injury or Damage (including consequential
loss) arising from fire, accident, industrial dispute, civil
disturbance or any other act or accidental default interfering
with the manufacture despatch or delivery of the goods and beyond
the control of Infodrive.
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| 9. CANCELLATION |
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Infodrive will only accept cancellation of
the customer’s order prior to delivery if Infodrive can
return the goods to its supplier(s) without any cost to Infodrive
and in such circumstances Infodrive will be fairly compensated
if it receives payment from the customer equal to 30% of the
net value of the order.
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Transfer .uk domain name to new registrar
.uk domains may be transferred to another domain name registration
company by changing the IPS tag. This applies only to .uk domain
names. IPS tag changes will be subject to an administration
fee of £100+VAT.
Global domain names (gTLDs) such as .com, .net and .org can
be transferred to new domain name registrars, but the procedure
is more complicated than for other domain names and can take
several days to complete. This procedure is not ours, it is
that of the domain registration authorities.
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You will normally need to pay your new domain
registrar a fee for inbound transfers - this will normally include
renewal of your domain name by one year. In addition, we charge
an administration fee of £100+VAT for the release of your
domain name
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To change IPS tag for your domain name, please
send us proof of authority as outlined below, together with
your new domain registrar's IPS tag (if you are unsure of this
please ask your new domain registrar). Payment must be made
prior to the IPS tag being changed.
Please note that as soon as an IPS tag is changed, your new
domain registrar will have total control of your domain name
- we will have no control over your domain name and can not
make further changes to it.
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| 10. NO WAIVER |
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| 11. ASSIGMENT |
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| 12. SEVERABILITY |
- The invalidity of any individual provisions of these conditions
shall not affect the validity of the remaining provisions.
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| 13. RELATIONSHIPS OF THE PARTIES |
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Both Infodrive and the customer are independent
contractors under these conditions and the parties acknowledge
that neither of them is an agent or partner of the other for
any purpose and that each of them is entirely without authority
to act on behalf of the other in any manner. Infodrive shall
not be responsible to third parties for any claim arising out
of the activities of the customer and the customer shall hold
Infodrive harmless against any claim arising in connection herewith
and indemnify and hold harmless Infodrive for any amount, which
Infodrive may be required to pay as a result of any claim.
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| 14. CONSTRUCTION |
- The heading of paragraphs in these terms & conditions are
for reference purposes only ad shall not affect in any way the
meaning or interpretation of these conditions.
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| 15. GOVERNING LAW |
- These conditions shall in all respects be governed by and construed
in accordance with English Law.
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