“the Customer” means any purchaser of the services of the Company.
“the Company” means Remarketing Technology Ltd, whose registered office is Lakeside House, 1 Furzeground Way, Heathrow, UB11 1BD and which
trades as Sell Your IT.
“the Goods” means the computer hardware, including packaging, manuals and any other ancillary components or documents.
“the Service(s)” means the deinstallation and/or removal and/or resale of the Goods and/or professional advice provided by the Company.
“the Website” means the website of the Company.
“the Third Party” means any other individual, company or partnership that is not part of the agreement between the Customer and the Company.
“his” shall also refer to the feminine equivalent and words incorporating the singular shall also refer to the plural.
2. EFFECT OF CONDITIONS
These terms and conditions alone are the terms and conditions of the agreement between the parties and supersede all prior dealings, negotiations or agreements, whether written or oral, express or implied.
These terms and conditions apply to all agreements, unless varied in writing by the Company. The Company shall notify the Customer of any changes.
The placing of an order for Services by the Customer and its acceptance by the Company and/or the use of the Website by the Customer, shall be deemed to be acceptance of these terms and conditions by the Customer.
3. CANCELLATION OF CONTRACT
The Customer shall not have the right to cancel an order for the Services, unless the Company gives written consent to do so.
Upon any cancellation, the Customer must pay the Company any such sums as is reasonable in respect of work supplied.
Notwithstanding the above, either party shall be entitled to terminate any order if the other party commits any material breach of these terms and conditions.
4. OBLIGATIONS OF THE CUSTOMER
The Customer must ensure that all information conveyed to the Company, through the online application form, in respect of the Goods is accurate and in good faith.
Should the Customer discover any material changes in the Goods then he shall immediately inform the Company of such a change in writing providing the new details.
The Customer must ensure that all Goods to be disposed of by the Company shall be available and accessible on the agreed date. In the event that the Goods are not available at the requisite time, then the Customer shall still be under a duty to pay the previously agreed price.
The Customer must take all reasonable precautions to protect the health and safety of the Company’s employees, agents and sub-contractors, in particular complying with Health and Safety Act 1974, whilst at the Customer’s premesis.
5. OBLIGATIONS OF THE COMPANY
The Company shall provide the Service(s) to the Client in accordance with the Service(s) that the Customer has requested.
The Company shall carry out all the Services with reasonable skill and care, and in full compliance of all relevant established current professional standards and in accordance with all relevant legislation.
6. PROPERTY AND TITLE IN THE GOODS
Property and Title in the Goods shall pass to the Company once the Company collects the Goods when performing the Service(s.)
Risk shall pass to the Company once the Company collects the Goods when performing the Service(s.)
Where the Company determines that the Goods shall have a resale value, then the Company shall pay the Customer the agreed price.
Where the Company determines that the Goods shall have no resale value, and are to be disposed in their entirety, in compliance with clause 5.2, then the Customer shall pay the Company the agreed price.
The Company shall determine the price for the Service(s) based upon:
Information on the Goods themselves supplied by the Customer (through the method prescribed on the Website and at clause 4.1;) and
On the Service(s) that the Customer requests.
All prices for the Service(s) are in pounds Sterling and are subject to Value Added Tax (VAT) at the relevant rate.
10. SUB CONTRACTING
The Company may subcontract any of its obligations under this agreement but only to subcontractors who comply with all relevant regulations and legislation.
11. LIMITATION OF LIABILITY
The Company shall not be liable, under any circumstances, for loss of profit, use or goodwill or for any direct or indirect or consequential loss of any kind whatsoever, whether caused by negligence or otherwise howsoever, and all conditions and warranties whether expressed or implied are hereby excluded, except only those which by statute may not be excluded.
12. FRUSTRATION OF THE CONTRACT
The Company shall not be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Services, provided that the delay or failure was due to any cause beyond the Company’s control. The following shall form an inclusive but not an exclusive list as to those situations where these terms and conditions shall be deemed to have been frustrated: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock outs or other industrial actions or trade disputes (whether involving employees of the Company or of a Third Party); difficulties in obtaining labour, fuel, parts or machinery; power failure or breakdown in machinery.
13. USE OF WEBSITE
The Customer shall not use the Website for any purpose that is unlawful or prohibited by these terms and conditions and by law generally.
The Customer shall not use the Website in a manner that could damage, disable, overburden or hinder any other party’s use and enjoyment of the Website itself.
The Customer shall not attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
The Company shall not be responsible for the content of any Third Party website that is linked to the Website.
14. HEADS OF TERMS
The heads of terms of these terms and conditions are for convenience only and shall have no effect on the interpretation thereof.
These terms and conditions shall be governed by and construed in accordance with English law and be subject to the jurisdiction of the English Courts exclusively.