GDS Computer Systems Ltd Terms and Conditions

• Definitions
• In these terms and conditions the following meanings shall apply.
• 'We', 'Us' and 'Our' means GDS Computer Systems Ltd.
• 'You, ‘Your' means the person, company, their employees or agents seeking to purchase goods from us or use our services
• 'Goods' means new or used goods, parts or accessories and services provided by us.
  
  Disclaimer
• Any data or software lost during repair is not our responsibility, nor are we liable for any loss of data that may occur due to product failure. We advise customers to back their data up regularly.
• No responsibility can be made for equipment which may deteriorate during inspection/repair, neither is any responsibility accepted for the expiration of the manufacturers original warranty should a repair/inspection have been carried out by us.
• Whilst we will take every care with your property it and everything supplied to us by or on behalf of you shall, while it is in our possession or in transit to or from you, be deemed to be at your risk and you should insure accordingly.
  
  Conditions
• The description and quantity of the goods and services to be sold shall be as set out in the quotation provided by us to you ("the Quotation").
• The price of the goods shall be inclusive of VAT, if applicable, and delivery charges, if applicable.
• We shall use all reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and we shall not be liable for any losses, costs, damages or expenses incurred by you or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
• Title to the goods shall not pass to you until we have been paid in full for the goods
• Where the goods have been manufactured and supplied to us by a third party any warranty granted to us in respect of the goods shall be passed on to you.
• All other warranties, conditions or terms whether made expressly or implied by common law or by statute relating to use, quality, and/or fitness for purpose are excluded.
• Save in respect of personal injury or death due to our negligence we shall not be liable to you in respect of any loss suffered by you due to any defect in the goods.
• In the event of any breach of these Terms and Conditions by us your remedies shall be limited to damages which shall in no circumstances exceed the price of the goods.
• Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude our liability for death or personal injury as a result of our negligence or that of our employees or agents.
  
  The Contract
• All orders are accepted by us only under these terms and conditions which may not be altered other than with our written agreement.
• These terms and conditions are deemed to be accepted by you when an order is placed with us.
• Quotations are valid for 7 working days from original date unless otherwise stated.
• Orders accepted by us may only be cancelled with our written agreement and you will indemnify us against all losses including loss of profit, damages, costs and expenses occurred as a result of that cancellation.
• We shall not be held responsible for the suitability of any goods supplied by us for your individual needs. All images, photographs, descriptive material and specifications on our website are for the sole purpose of giving an approximate idea of the goods.
• Any special instructions must be stated in writing including data backup and specific requirements for upgrade.
• We can only re-install any software which has been supplied on a disk by the customer with a valid license code. Pre-loaded operating systems and software may be lost during a repair, so ensure that you have provided the necessary disks to reload the system.
  
  Payment
• Title to the goods remains with us until we are in receipt of payment in full. (Cleared Funds)
• You may not withhold payment of any invoice or the amount due to us by reason of any right of set off or counterclaim which you may have or allege to have for any reason whatsoever.
• Any outstanding balances after a period of three months will induce debt recovery procedures
• All cheques are accepted upon the basis of being paid upon first presentation. In the event of any cheques being returned unpaid (whether or not subsequently represented and paid) we may pass on any administative charge levied against us by our bankers. Cancellation of a cheque without prior written notification and a detailed account of why the cheque is to be cancelled will be taken as an illegal breach of contract.
  
  Force Majeure
• Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
  
  General
• These terms and conditions are subject to change without notification.
• Nothing in these Terms and Conditions shall affect the customer's statutory rights as a consumer.
• GDS Computer Systems Ltd has full Public and Employers' Liability Insurance cover as required by Law.
• At all times GDS Computer Systems Ltd will observe the requirements imposed by the Data Protection Act 1998 and will provide the appropriate security to maintain the confidentiality of the Customer's personal data.
• If any term or provision of these Terms and Conditions 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.
• These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.