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1 - DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the
Goods from the Seller
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair
Contract Terms Act 1977
1.3 "Contract" means the contract between the Seller and the Buyer for the sale
and purchase of Goods incorporating these Terms and Conditions
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller
1.5 "Seller" means ChequeWrite (UK) Limited of Siena Court, The Broadway,
Maidenhead, Berkshire SL6 1NJ that owns and operates ChequeWrite (UK) Limited
1.6 "Terms and Conditions" means the terms and conditions of sale set out in
this agreement and any special terms and conditions agreed in writing by the
Seller
1.7 "Website" means ChequeWrite (UK) Limited.
2 - CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory
rights as a Consumer
2.2 These Terms and Conditions shall apply to all contracts for the sale of
Goods by the Seller to the Buyer and shall prevail over any other documentation
or communication from the Buyer
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of
the Buyer's acceptance of these Terms and Conditions
2.4 Any variation to these Terms and Conditions (including any special terms
and conditions agreed between the parties) shall be inapplicable unless agreed
in writing by the Seller
2.5 Any complaints should be addressed to the Seller's address stated in clause
1.5
3 - ORDERING
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to
purchase Goods pursuant to these Terms and Conditions and are subject to
acceptance by the Seller. The Seller may choose not to accept an order for any
reason
3.2 Where the Goods ordered by the Buyer are not available within 10 business
days the Buyer shall be notified and given the option to either wait until the
Goods are available from stock or cancel the order and receive a full refund
within 30 days
4 - PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Website or confirmed
by direct conversation or email from/with an authorised ChequeWrite (UK)
Limited sales person. The price is exclusive of VAT. The price excludes
delivery charges
4.2 The total purchase price, including VAT and delivery charges, if any, will
be confirmed by email or direct conversation with an authorised ChequeWrite
(UK) Limited sales person, prior to confirming the order
4.3 After the order is received the Seller shall confirm by email the details,
description and price for the Goods together with information on the right to
cancel if the Buyer is a Consumer
4.4 In the case of consumer sales, payment of the price plus VAT and delivery
charges must be made in full before dispatch of the Goods
4.5 In the case of other sales, payment of the price plus VAT and delivery
charges shall be due within 20 days of the invoice date on the invoice supplied
by the Seller
4.6 Interest on overdue invoices shall accrue from the date when payment
becomes due from day to day until the date of payment at a rate of 3% above the
base rate of the Bank of England from time to time in force
5 - RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically update prices on the Website,
which cannot be guaranteed for any period of time. The Seller shall make every
effort to ensure prices are correct at the point at which the Buyer places an
order
5.2 The Seller reserves the right to withdraw any goods from the Website at any
time
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the
Website or for refusing to process an order
6 - AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain age the Buyer
will be asked when placing an order to declare that they are of the appropriate
legal age to purchase the Goods
6.2 If the Seller discovers that the Buyer is not legally entitled to order
certain Goods, the Seller shall be entitled to cancel the order immediately,
without notice.
7 - WARRANTY
The Seller warrants that the Goods will at the time of dispatch correspond to
the description given by the Seller. Except where the Buyer is dealing as a
Consumer, all other warranties, conditions, or terms relating to fitness for
purpose, merchantability or condition of the Goods, whether implied by Statute,
common law or otherwise are excluded, and the Buyer is satisfied as to the
suitability of the Goods for the Buyer's purpose.
8 - DELIVERY
8.1 Goods supplied within the UK will normally be delivered within 5 working
days of acceptance of order
8.2 Goods supplied outside the UK will normally be delivered within 5 working
days of acceptance of order
8.3 Where a specific delivery date has been agreed, and where this delivery
date cannot be met, the Buyer will be notified and given the opportunity to
agree a new delivery date or receive a full refund
8.4 The Seller shall use its reasonable endeavours to meet any date agreed for
delivery. In any event time of delivery shall not be of the essence and the
Seller shall not be liable for any losses, costs, damages or expenses incurred
by the Buyer or any third party arising directly or indirectly out of any
failure to meet any estimated delivery date
8.5 Delivery of the Goods shall be made to the Buyer's address specified in the
order and the Buyer shall make all arrangements necessary to take delivery of
the Goods whenever they are tendered for delivery
8.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the
Goods.
9 - CANCELLATION AND RETURN
9.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify
the Seller contacting sales@chequewrite.com
within 5 working days of delivery if the Goods are damaged or do not comply
with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed
to have accepted the Goods
9.2 Where a claim of defect or damage is made the Goods shall be returned by
the Buyer to the Seller. The Buyer shall be entitled to a full refund
(excluding delivery costs) if the Goods are in fact defective provided, in the
case of a defective or damaged MICR Toner they have completed the "MICR Toner
Claim Form" or in the case of a faulty printer all warranty terms have been
fully explored
9.3 Goods must be returned by the Buyer at the Buyer's expense and should be
adequately insured during the return journey. The Buyer will receive a refund
of all monies paid for the Goods (excluding delivery charges) except for return
postal charges within 30 days of cancellation. If the Buyer fails to return the
Goods following cancellation, the Seller shall be entitled to deduct the cost
of recovering the Goods from the Buyer
9.4 Goods to be returned must clearly show the order number obtained from the
Seller on the package
9.5 Where returned Goods are found to be damaged due to the Buyer's fault the
Buyer will be liable for the cost of remedying such damage.
10 - LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing as a Consumer,
in the event of any breach of these Terms and Conditions by the Seller the
remedies of the Buyer shall be limited to damages which shall in no
circumstances exceed the Price of the Goods and the Seller shall under no
circumstances be liable for any indirect, incidental or consequential loss or
damage whatever
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability
of the Seller for death or personal injury resulting from the negligence of the
Seller or that of the Seller's agents or employees
11 - WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its
rights under this contract shall prejudice its rights to do so in the future.
12 - FORCE MAJEURE
The Seller shall not 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, failure of any communications,
telecommunications or computer system, breakdown of plant or machinery or
shortage or unavailability of raw materials from a natural source of supply,
and the Seller shall be entitled to a reasonable extension of its obligations.
13 - SEVERANCE
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.
14 - CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time
but this right shall not affect the existing Terms and Conditions accepted by
the Buyer upon making a purchase.
15 - GOVERNING LAW AND JURISDICTION
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.
CHEQUEWRITE (UK) LTD WEBSITE - TERMS AND CONDITIONS OF USE
1 - ACCEPTANCE OF TERMS
Your access to and use of ChequeWrite (UK) Limited ("the Website") is subject
exclusively to these Terms and Conditions. You will not use the Website for any
purpose that is unlawful or prohibited by these Terms and Conditions. By using
the Website you are fully accepting the terms, conditions and disclaimers
contained in this notice. If you do not accept these Terms and Conditions you
must immediately stop using the Website.
2 - ADVICE
The contents of the Website do not constitute advice and should not be relied
upon in making or refraining from making, any decision.
3 - CHANGES TO WEBSITE
ChequeWrite (UK) Limited reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it
without notice and you confirm that ChequeWrite (UK) Limited shall not be
liable to you for any such change or removal; and
3.2 change these Terms and Conditions at any time, and your continued use of
the Website following any changes shall be deemed to be your acceptance of such
change.
4 - LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are controlled and
maintained by others. Any link to other websites is not an endorsement of such
websites and you acknowledge and agree that we are not responsible for the
content or availability of any such sites.
5 - COPYRIGHT
5.1 All copyright, trade marks and all other intellectual property rights in
the Website and its content (including without limitation the Website design,
text, graphics and all software and source codes connected with the Website)
are owned by or licensed to ChequeWrite (UK) Limited or otherwise used by
ChequeWrite (UK) Limited as permitted by law
5.2 In accessing the Website you agree that you will access the content solely
for your personal, non-commercial use. None of the content may be downloaded,
copied, reproduced, transmitted, stored, sold or distributed without the prior
written consent of the copyright holder. This excludes the downloading, copying
and/or printing of pages of the Website for personal, non-commercial home use
only.
6 - DISCLAIMERS AND LIMITATION OF LIABILITY
6.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any
representation or endorsement made and without warranty of any kind whether
express or implied, including but not limited to the implied warranties of
satisfactory quality, fitness for a particular purpose, non-infringement,
compatibility, security and accuracy.
6.2 To the extent permitted by law, ChequeWrite (UK) Limited will not be liable
for any indirect or consequential loss or damage whatever (including without
limitation loss of business, opportunity, data, profits) arising out of or in
connection with the use of the Website
6.3 ChequeWrite (UK) Limited makes no warranty that the functionality of the
Website will be uninterrupted or error free, that defects will be corrected or
that the Website or the server that makes it available are free of viruses or
anything else which may be harmful or destructive
6.4 Nothing in these Terms and Conditions shall be construed so as to exclude
or limit the liability of ChequeWrite (UK) Limited for death or personal injury
as a result of the negligence of ChequeWrite (UK) Limited or that of its
employees or agents
7 - INDEMNITY
You agree to indemnify and hold ChequeWrite (UK) Limited and its employees and
agents harmless from and against all liabilities, legal fees, damages, losses,
costs and other expenses in relation to any claims or actions brought against
ChequeWrite (UK) Limited arising out of any breach by you of these Terms and
Conditions or other liabilities arising out of your use of this Website.
8 - SEVERANCE
If any of these Terms and Conditions should be determined to be invalid,
illegal or unenforceable for any reason by any court of competent jurisdiction
then such Term or Condition shall be severed and the remaining Terms and
Conditions shall survive and remain in full force and effect and continue to be
binding and enforceable.
9 - GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance
with the law of England and you hereby submit to the exclusive jurisdiction of
the English courts.
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