In these conditions unless the context otherwise requires:
• Buyer means the person, corporation, association, firm, company, partnership or individual buying the goods and/or services from Click IT.
• Products and/or services mean the products and/or services being purchased by the Buyer from Click IT.
• Contract means the contract between Click IT and the Buyer for the purchase of the goods and/or services.
• Price means the price of goods and/or services as agreed between the Buyer and Click IT.
• Quotation shall mean price on offer for a fixed term.
The Buyer may request a Quotation from Click IT setting out the price and quantity of the Goods to be supplied. If the Quotation is acceptable to the Buyer, the Buyer may place an order within an acceptable timeframe.
If any instruction is received by Click IT from the Buyer for the supply of products and/or services, it shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Buyer, the terms and conditions are definitive and binding.
4. Terms and Conditions
These terms and conditions and any subsequent terms and conditions issued by Click IT shall apply to all orders for the goods and the services made by the Buyer after the date and time at which these conditions are first delivered or sent by email or facsimile to, or otherwise brought to the notice of, any employee, staff member or representative of the Buyer. It shall be the Buyer’s responsibility to ensure that these conditions are promptly brought to the attention of the appropriate staff of the Buyer, and accordingly any order made by the Buyer shall be deemed to be an acceptance of these conditions.
The price shall be as indicated on invoices provided by Click IT to the Buyer in respect of products and/ or services supplied; or The price shall be Click IT’s current price at the date of delivery of any goods should any changes be made with the buyers agreement to products and or services within the original quote.
The Buyer agrees that the price shall be determined by Click IT, and shall take into consideration “one-off” costs such as design and production.
Click IT reserves the right to implement a surcharge for alterations to specifications after the order has been placed.
6. Payment, Late Payment, Default of Payment and Consequences of Default of Payment
Payment of goods supplied shall be made by the buyer on delivery of goods by Click IT. Any payment for installation and services shall be received on or before the 20th of the month following the date of Click IT’s invoice to the Buyer.
Late payment shall incur interest at the rate of 10% per annum calculated on a daily basis. This shall be payable on any monies outstanding under the Contract from the date payment was due until the date payment is received by the Click IT.
Without prejudice to any other remedies Click IT may have, if at any time the Buyer is in breach of any obligation (including those relating to payment) Click IT may suspend or terminate the supply of goods and /or services to the Buyer and any of its other obligations under the terms and conditions. Click IT will not be liable to the Buyer for any loss or damage the Buyer suffers because Click IT exercised its rights under this clause.
Click IT reserves the right to repossess any goods supplied and installed by Click IT if not paid for in full by the buyer within a reasonable timeframe.
In the event that any money payable to Click IT becomes overdue, or in Click IT’s opinion the Buyer will be unable to meet its payments as they fall due; or the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then Click IT shall be entitled to cancel all or any part of any order of the Buyer that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to Click IT shall, whether or not due for payment, immediately become payable.
These Terms of Trade will be interpreted in accordance with applicable government legislation, which will have exclusive legal jurisdiction over any dispute in relation to the products and/or services or these Terms of Trade.
Click IT will endeavour to resolve any dispute between the Buyer and itself without the need for Court proceedings. Any such attempt is without legal prejudice.
Reservation of Title
Ownership and title of the goods remains with Click IT until the purchased price and all other monies owing by the Buyer, under the contract or any other contract to Click IT, have been paid in full.
Click IT warrants that it will repair or make good any issues resulting from installation of goods, if written notice of the claim is received by Click IT within seven (7) days from the date the goods were delivered/installed. No claim shall be accepted under such warranty if any attempt to repair the defective goods is made by any person not authorized by Click IT, or if the defective goods have been modified or incorrectly stored, maintained or used.
Click IT will not be liable for any defects in goods purchased through a third party however Click IT will endeavour and assist in organizing shipment of and installing of replacement products. Any third party costs of shipping or replacement faulty products if not under warranty by the third party shall be payable by the buyer. Click IT shall not be liable for any delay in delivery or installation of goods or services. Click IT shall not be liable for any loss of any kind whatsoever suffered by the Buyer as a result of any breach of any of Click IT obligations under the contract, including any cancellation of the contract or any negligence on the part of Click IT, its servants, agents or contractors, nor shall the Company be liable for any loss, damage or injury caused to the Buyer’s servants, agents, contractors, buyers, visitors, tenants, trespassers or other persons. The Buyer shall indemnify Click IT against any claim by any such person.