Support: Terms & Conditions

• 1. Definitions
  • 1.1 " Company" means Rock Group Plc or one of its subsidiaries.
  • 1.2 " Consumer" any Customer falling within the definition of a “consumer” as found in Section 12 of the Unfair Contract Terms Act 1977
  • 1.3 " Contract" means the contract between the Company and the customer to which on any particular occasion these terms and conditions relate
  • 1.4 " Customer" means the customer of the Company under the Contract
  • 1.5 " Goods" means the goods to which the Contract relates
  • 1.6 " Software" means such (if any) of the Goods as are within the meaning of the term as currently used in the computer industry
  • 1.7 " Operating System" means MS-DOS or Windows or such other Software as shall be within the meaning of the term “Operating System” as currently used in the computer industry .
  • 1.8 " Equipment" means such of the Goods as are not Software
  • 1.9 " Special" means only a special condition or term which has been agreed by the Company and which is set out in the part of the Contract signed on behalf of the Condition" Company by a director or other duly authorised person
  • 1.10 " RMA" means a Return Merchandise Authority Number as more particularly described in clause 9.2
  • 1.11 “ Standard Charges“ means the charges normally made by the Company from time to time as certified in writing by the Company

• 2. General
  • 2.1 These terms and conditions shall apply to all Contracts made between the Company and the Customer whether written expressly, mentioned or not save that in respect of Contracts made after the Company has notified the Customer of the issue of a later edition any Contract shall be subject to such later edition.
  • 2.2 These terms and conditions shall apply to the Contract save so far as varied by or inconsistent with any Special Condition.
  • 2.3 No other term or condition shall have any effect whatsoever, and if after the existence of these terms and conditions has become known the Customer makes or gives to the Company any conditional offer order or acceptance, the Company shall have the right (but shall not be bound) to treat the same as unconditional either in whole or in part as it shall in its absolute discretion think fit.
  • 2.4 No Contract for the sales of Goods shall arise until the Company despatches the Goods to the Customer or the Customer notifies the Company of the Customer’s acceptance of the Company’s quotation (whichever shall first occur).
  • 2.5 It is intended that these terms and conditions and any Special Conditions shall be reasonable as between the Company and the Customer having regard to the nature of the Contract but if at any time any of them is either unenforceable or void at law it shall not adversely affect or prejudice the remainder of them or the Contract and it shall be deemed to be excluded from these terms and conditions and (where possible) to be replaced by such other enforceable and valid term and / or condition as shall be as near as may be to the original in both form and effect.

• 3. Price
  • 3.1 The price for the Goods shall (in the absence of a separate written quotation from the Company) be that on the Company’s current price list.
  • 3.2 The Company reserves the right to revise prices up to the despatch of the Goods to reflect any direct or indirect increase in costs to the Company.
  • 3.3 All prices are quoted exclusive of charges for carriage and Value Added Tax on the total supply (at the prevailing rate).

• 4. Payment
  • 4.1 The price shall be paid on or before delivery of the Goods to the Customer.
  • 4.2 If the Company grants any credit terms to the Customer (whether as a Special Condition of the Contract or otherwise) if any sum payable by the Customer to the Company is not paid within seven days of the due date, the Company shall have the right to charge interest on the balance from time to time outstanding at such annual rate as shall be 5% above the base rate of Barclay's Bank Limited from time to time in force calculated on a daily basis from the date on which such sum became due down to the actual date of payment.
  • 4.3 The Customer shall make payment of all invoices due to the Company in full and free from any deduction by reason of set-off counterclaim or any other reason of any kind.

• 5. Warranty and Liability of the Company
  • 5.1 The Company warrants that:-
    • 5.1.1 the Goods will at the time of delivery correspond to the description given by the Company.
    • 5.1.2 the Equipment will be capable of supporting the Operating System installed on or supplied with the Equipment but not that any software not supplied by the Company but described as being compatible with the Operating System shall be capable of being supported by the Equipment in whole or in part.
    • 5.1.3 any Software installed on Equipment by the Company at the time of the supply of the Goods will be supported by the Equipment in whole or in part.
    • 5.1.4 any Software sold by the Company and specifically described as being capable of being supported by any particular piece of computer equipment generally supplied by the Company will be capable of being supported on such Equipment in whole or in part.
  • 5.2 The Company warrants that it is entitled to sell any Software forming part of the Goods:-
    • 5.2.1 where the Company has loaded Software onto the Equipment such Software is supplied on the basis that it is licensed for use only on the Equipment onto which it is loaded.
    • 5.2.2 where Software is supplied separately on the basis of the manufacturer’s license enclosed with its packaging.
  • 5.3 Save to the extent set out in clause 5.1 above the Company gives no warranty that any Goods supplied by the Company are suitable for any purpose for which the Customer may wish to use them and the Customer shall establish the suitability of the Goods for the Customer’s purpose without reference to the Company.
  • 5.4 The Company accepts no responsibility for faults related to Software not supplied by it and reserves the right to charge for (any) technical support given or repair undertaken to correct faults.
  • 5.5 Except where otherwise provided in favour of the Customer by statute, all other warranties conditions or terms relating to fitness for purpose merchantability or condition of the goods whether implied by statute of otherwise are excluded.
  • 5.6 Under no circumstances shall the Company have any liability for normal wear and tear or if (other than by the Company) any part of the Goods is modified or repaired improperly stored or used damaged by accident or neglect or maintained otherwise than or not maintained in accordance with any maintenance requirements specified by the Company to the Customer.
  • 5.7 The Company shall not be liable for any loss of use of the Goods or any consequential loss arising out of any defect in the Goods or otherwise.
  • 5.8 Save as expressly stated in these terms and conditions the Company shall have no liability whatsoever in respect of any representation warranty undertaking term or condition not expressly incorporated herein and any such as might be implied by statute or otherwise is hereby expressly excluded.
  • 5.9 The Company and the Customer have freely and openly negotiated the Contract in the knowledge that the liability of the Company is to be limited in accordance with these terms and conditions and the price has been calculated accordingly the Customer acknowledging that a higher price would be payable but for such limitation.
  • 5.10 Unless we have a fully completed warranty card, the warranty will be invalid.
  • 5.11 This warranty applies to approved hardware only, and not others or software.
  • 5.12 The product has been officially registered by return of the guarantee registration card or registered online, within 28 days of purchase.
  • 5.13 Non-standard product applications are excluded.
  • 5.14 The Company does not cover any damage to exterior surfaces however caused.
  • 5.15 We will repair/replace any notebook if it has more than 5 bad pixels on the screen.
  • 5.16 Batteries are a consumable item and as such are not covered under warranty. Any defective battery will only be repaired/replaced within 6 months of purchase.
  • 5.17 The Company is not responsible for any of your confidential, proprietary or personal information contained in a machine which you return to the company for any reason. You should remove all such information from the machine prior to its return.
  • 5.18 The Company resurves the right to charge (for testing or otherwise) any product, which is ineligible for repair or found to be in satisfactory working condition after initial testing.
  • 5.19 Any alteration of equipment not authorised by the company shall constitute a waiver of the warranty by the owner of the equipment or any person acting on behalf of.
  • 5.20 The Companies warranties do not cover any equipment which has been abused or misused, or on which the serial number has been altered or removed.
  • 5.21 Neither party shall be under any obligation to the other for any delay or failure to perform obligation stated herein except failure to pay if the same is wholly or partially caused, whether directly or indirectly by circumstances beyond their reasonable control.
  • 5.22 Products are to be returned to the company with a Returns Material Authorisation (RMA) number, obtained from mobile-support.net on 08700 667 999, clearly marked on the outside of all packaging.
  • 5.23 Warranties are not transferable and only applies to the initial purchaser of the product.
  • 5.24 - Carriage is only covered, if included in your warranty package for UK mainland only.
    

• 6. Delivery
  • 6.1 Whilst ever reasonable effort shall be made to keep to any delivery date, time of delivery shall not be of the essence and the Company shall not be liable for any losses costs damages or expenses incurred by the Customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.
  • 6.2 Unless otherwise agreed the Company may deliver by installments and in such case each installment shall be treated as a separate Contract and any delay, default or non-delivery in respect of any installment by the Company shall not entitle the Customer to cancel the remainder of the Contract.
  • 6.3 Failure by the Customer to pay for any installment or delivery when due shall entitle the Company to withhold further deliveries and the Customer shall be liable for any costs incurred by the Company relating to such Goods which the Company is then entitled to withhold.
  • 6.4 Delivery of the Goods shall be made at the Company’s premises and the Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
  • 6.5 The Company will on request by the Customer make arrangements for carriage of the Goods within the United Kingdom on the Customer’s behalf and at the Customer’s expense.
  • 6.6 Any shortages must be reported in writing within 24 hours of the delivery being made.
  • 6.7 The customer will also abide by the terms and conditions of the carrier used on behalf of the company.
  • 6.8 The Company reserves the right to charge for failed collections.

• 7. Risk and Insurance
  • 7.1 The risk in the Goods shall pass to the Customer upon delivery to the Customer or consignment by the Company of the Goods to a carrier for delivery to the Customer
  • 7.2 The Company shall only be responsible for Customer's goods at the Company's premises if the said Goods have been duly authorised for return by way of a RMA Number. In the event of theft, loss or damage of any Goods at the Company's premises without authorisation the Company shall not be liable in whole or part.
  • 7.3 Until the price payable has been paid to the Company in full and the Customer has complied with all its obligations under the Contract the Goods shall remain the property of the Company and clauses 7.4 7.5 and 7.6 hereof shall apply.
  • 7.4 The Company shall have the right at any time prior to the price being paid in full to repossess the Goods whether they be at the premises of the Customer or elsewhere and without prejudice to the other rights and remedies of the Company under this Contract the Customer shall be liable for all transport and other costs and expenses of recovering the same.
  • 7.5 If the Customer should sell or otherwise dispose of the Goods to a third party at any time before the Company has received full payment for the same the Customer shall hold and keep the proceeds of sale on trust and/or in a fiduciary capacity for the Company, and the said proceeds of sale shall be and remain the property of the Company (for the avoidance of doubt the Customer shall place the said proceeds of sale in a separate bank account in the name of the Company whether collected by the Customer or not).
  • 7.6 The Customer shall adequately insure the Goods with reputable insurers against all insurance risks from not later than the time of their leaving the premises of the Company and at the same time shall also insure them for the benefit of the Company and the Customer and all other people as may in any way connected with the Goods against all known and insurance risks to persons and property which might in any way arise out of the Goods or their use and such insurance shall be for the invoiced value of the Goods plus five hundred thousand pounds on terms whereby the insurers shall be precluded from any rights of subrogation or other rights whereby they would be capable of claiming against the Company or any if its employees or other persons in any way connected with the Company.

• 8. Default of the Customer
  • 8.1 If the Customer fails to take delivery of any part of the Goods at the time or place required under the Contract the Company shall have the right:-
    • 8.1.1 to charge to Customer with reasonable storage charges until such time as delivery is taken and/or
    • 8.1.2 at any time thereafter to give written notice to the Customer requiring the Customer to take delivery of the Goods in accordance with the Contract within a period of 14 days from the date of sending such notice and in the event of the Customer failing to take delivery within such period the Company may by sending further written notice to the Customer treat the Contract as having been repudiated by the Customer and recover from the Customer all losses damages and costs occasioned to the Company by virtue of such repudiation.
  • 8.2 If the Customer fails to pay any monies due under the Contract within 60 days of the due date the Company shall (without prejudice to its other rights under this Contract) have the right:-
    • 8.2.1 to treat the Contract as having been repudiated by the Customer on the same terms as set out in the foregoing paragraph and/or
    • 8.2.2 to enter any premises of the Customer and recover any part of the Goods which have been delivered to the Customer.
  • 8.3 The Company shall also have the right to treat any Contract in respect of which the Customer has not paid for the Goods as repudiated by the Customer forthwith an without notice should the Customer become bankrupt or insolvent or make any arrangement or compound with the creditors or should any receiver be appointed in respect of its undertaking or any of its assets or should a judgment be obtained against it and remain unpaid for a period in excess of 28 days.

• 9. Maintenance and Repair
  • 9.1 Goods are supplied on the basis that the Company will for the period of one year after the delivery of the said Goods to the Customer repair or replace any Goods which may be defective (for reason other than normal wear and tear or improper modification or repair not carried out by the Company improper storage or use accidental damage neglect or the lack of maintenance carried out in accordance with the Company’s specifications) provided that the said Goods are delivered to the Company’s workshop premises at the cost of the Customer and at the Customer’s risk during transit.
  • 9.2 Before returning Goods in accordance with clause 9.1 the Customer must first contact the Company’s Technical Support Department which will issue an RMA Number which will be valid for a period of 14 days from the date of issue by the Company and the Company reserves the right to refuse delivery of Goods after this period.
    • 9.2.1 Any Goods returned must have the RMA Number marked clearly on the package and the Company reserves the right to refuse delivery of any Goods returned without a RMA Number or arriving at the Company’s workshop premises after the expiry of the RMA Number’s validity.
  • 9.3 The Company will carry out repairs at is Standard Charges
    • 9.3.1 following the period of one year mentioned in clause 9.1 or
    • 9.3.2 during the said period if the Company determines that it is under no liability to make such repairs provided that the Goods requiring repair are delivered to the Company’s workshop premises at the cost of the Customer and at the Customer’s risk during transit.
  • 9.4 Where the company is unable to make contact with the customer to return the product, after one month the company retains the right to dispose of the product in any way it deems suitable.

• 10. Force Majeure
  The Company shall be under no liability for any failure to perform all or any part of is obligations under the Contract if such failure shall be due to act of God strikes lock-out labour disputes the effects of any statute or any regulation of any Government public or local or other Authority delay or defaults of suppliers or sub-contractors or non-availability of parts (without prejudice to the generality of the aforegoing) any other causes beyond the reasonable control of the Company and this condition shall apply notwithstanding that is may conflict with any Special Condition.

• 11. No Waiver
  The Company’s failure to insist upon strict performance of any provision of the Contract on any one occasion shall not be deemed to be a waiver of its rights or remedies in respect of any other present or any future default on the part of the Customer in performance of the Contract.

• 12. Entire Agreement
  These terms and conditions and the Special Conditions (if any) constitute the entire agreement between the Company and the Customer and may not be modified waived amended or supplemented except by written agreement between the Company and the Customer signed by a director or other duly authorised person on behalf of the Company.

• 13. Law
  The Contract shall be governed by and implemented in all respects in accordance with the laws of England and any disputes or differences in connection with or arising out of the Contract shall be referred to the Courts of England.

T&C - 13/ 05 / 1997

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