Amita (UK) Limited

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Terms and Conditions

Definitions

  1. Customer - the Person, Firm, or Company so named in the Purchase Order/Quotation/Invoice.
  2. Amita UK - trading name of Amita UK Limited.

Invoicing: Amita UK will email invoices to you. We do not post out hard copy invoices. Please print any invoices and receipts for your records. It is the responsibility of the customers to tell us if your email address changes. All accounts are set up on a prepay basis. Customers will automatically be invoiced monthly/bi-monthly/ quarterly or annually depending on the agreement with Amita UK.

Forms of Payment: Acceptable forms of payment include cheque or BACS.

Immediate payment is required of hardware / software invoices, and clearance of funds is required before any products are acquired on behalf of The Customer.

Our standard Support / Development invoice terms are 30 days from date of invoice for payment.

Failure to pay all amounts due by the due date may result in suspension of further work to be carried out.

We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed terms.

  1. Failure to pay within 30 days from date of invoice may incur an automatic administration charge.
  2. Failure to pay within 60 days from date of invoice mayresult in the account being set on hold. No further work will be carried out or services provided until payment has been made.
  3. If your cheque is returned by the bank as unpaid for any reason, you may be liable for a "returned cheque" fee.

Any deviation from these terms will be noted on your invoice as agreed

Credit Terms: Amita UK may set and vary credit limits. Where these credit limits are granted Amita UK reserves the right to withdraw them at any time, without having to give their reasons and, in such a case, all outstanding invoices become due and payable immediately. If Amita UK agrees to provide credit facilities to the Customer, the Customer undertakes to comply strictly with the terms thereof.

Delivery: Unless otherwise agreed, delivery will be to the premises of the Customer. All risk of the goods will remain with Amita UK until delivery, when it will transfer to the Customer. Any omissions or damages to delivered Goods must be reported immediately to Amita UK.

Warranty on Goods Purchased: We are a reseller of Goods and do not warrant the Goods ourselves. Instead we will pass through to you the customer, the benefit of any warranty from the manufacturer for the Goods that you purchase.

Advice Given By Us to You: We are always prepared to offer advice about the goods including advice about installation, compatibility, configuration, and product upgrades. We know the general purpose for which you require our goods and we will take reasonable care when giving you any advice. Without knowing the particular application for which you require our goods and the exact specification and configuration of any existing system into which you intend to install our goods we cannot and do not warrant the suitability of any of our goods for your particular purpose. We do offer a service whereby we will install our goods into your existing system. If you ask us to do that, we can warrant the suitability of the goods installed by us.

Length of Day: All work is charged at rates according to the hour. Each day is a 7 hour day. Work carried out outside the hours specified for a normal day, are classed as unsocial hours work, to be carried with prior agreement.

Our Timescales: Although we will use reasonable efforts to provide remote and/or on-site support and repair equipment within the timescales agreed with you, all dates are estimates and we cannot guarantee that we will meet them.

Our Services: The Company offer the following, services (but not exclusively): Telephone support, Call-out to the Customer's premises, this may include the repair to computer equipment, upgrades, network support, software development, cabling, configuration of internet and email access and additional works. Remote support (PC to PC), Advice, Supply of computer equipment or software as per invoice, Installation of computer equipment supplied by us or the Customer, the later with subject to detailed specification from Customer, Expansion or upgrade to computer equipment or network, Cabling - Design, supply, installation, Web page design, alteration, support and ordering of domains, internet access (broadband), web space or other related services.

A Support Call will be logged using the Amita UK Technical Support Desk and Amita UK's personnel will attempt to respond either to answer the Support Call or agree with The Customer to either remote (PC to PC) or make a site visit to enable resolution of the problem.

Visiting Customer Site: Amita UK shall supply technical/personnel to visit the Customer's site and perform our services as requested and covered in these terms and conditions Amita UK stipulate the following:

  1. All mains powered equipment shall connect to a safe supply, certified by qualified electrician at the expense of the Customer. Amita UK will have the right to request any mains point is tested prior to commencement of work if deemed necessary. All mains powered equipment shall be PAT tested and a label attached to confirm this.
  2. Computer equipment believed to have been modified in anyway, whether physically or electrically and deemed to be unsafe will be notified to the Customer for attention. Amita UK have the right to refuse work upon equipment believed to be unsafe, physically or electrically and may terminate site visit.
  3. Amita UK offer to supply on-site support, subject to the site being in a safe condition. The Customer to indemnify that all equipment, flooring, furniture, roofing and all other surroundings are in a condition fit for use. The Customer shall be liable for injury to any of the Amita UK's personnel on the Customer's site. Amita UK's staff should be given an adequate induction if required to comply with site rules and made aware of the Health & Safety Policy. Parking shall be made available to Amita UK's personnel where available.
  4. hemicals or dangerous materials or substances, plant or machinery, must be advised to all of the Amita UK's personnel while on the Customer's site. The Customer will be liable for injury to any of the Amita UK's technical/personnel on the Customer's site.

Non-poaching of Staff: We are extremely proud of all our staff who work with us at Amita UK. Our employment contracts preclude such attempted poaching of staff and should any such approach occur, it would immediately compromise the continued relationship between Amita UK and the Customer concerned. The customer must recognise that the loss of experienced personnel may have a serious effect on Amita UK's business.

  1. The customer therefore mutually agrees that they shall not without Amita UK's prior written consent either during or within twelve months after the termination of contract under these terms, engage, employ or otherwise solicit for employment any person who during the relevant period was an employee of Amita UK in connection with any contract under these terms.
  2. In the event of breach of this term, the Customer in breach will pay Amita UK by way of liquidated damages the greater of (1) three times the person's annual salary inclusive of all benefits at time of their resignation or departure, or (2) three times the new annual salary or fee inclusive of all benefits.
  3. This provision shall not apply in respect of any individual who ceased to work for Amita UK at least twelve months prior to the engagement.

Force Majeure: Amita UK will not be liable in contract or in any other way for any consequential or indirect loss, liability or damage or for any other claim consequential compensation whatsoever (including loss of profits, cost of expenses or loss of data) arising however from or in connection with the agreement or any breach or non-performance of any provision of it by the Company or any fault in or the supply, service, use, presence or re-sale of goods. Amita UK shall not be liable for the loss or damage to software programs or user data during the repair or upgrade of any goods whether or not the same are under any warranty. Amita UK shall not be liable for any delay in or failure to perform any of its obligations hereunder if the delay or failure is due to causes outside the reasonable control of the company. 'In the event of a default of this agreement, these terms and conditions of sale shall be governed by English law.'