1. Acceptance Of Orders
1.1 An acceptance of orders from the customer made by 3d Computer Ltd (“the Company”) shall be a contract of sale subject to these terms and conditions which shall prevail over any other document or communication from the Purchaser with whom the company is dealing (“the Customer”). The Company accepts an order when the Customer submits identification, delivery and payment details.

1.2 The order shall not bind the Company until the Customer accepts these terms and conditions, which are deemed accepted if the goods are sent for delivery.

2. Carriage, Post and Packing
Charges are made for all delivery options and will be invoiced to customers at the listed rates which will be confirmed and displayed on acceptance of the order by the company.
Working days defined as Monday to Friday, and delivery next day subject to order being placed before 4.00pm, credit clearance and stock availability.
We are unable to guarantee next day delivery for some areas of Scotland. Please contact us for specific regions.

3. Prices
Goods are invoiced at the prices listed at the time of ordering - the exception to this are memory, hard drive and certain networking products which are liable to constant fluctuations in price due to currency changes. If you have ordered an out of stock memory module or hard drive, you will be advised before shipment of any change to the ordered price. The Company reserves the right to remedy an obvious mistake in the listed prices by charging a proper commercial value price to rectify the error. All prices are exclusive of VAT in Pounds Sterling (£).

Every effort is made to maintain the prices shown; however the company reserves the right to modify prices without prior notice to the Customer. Invoice queries in respect of pricing issues, must be notified to the Credit Control Department with 14 days of the invoice date.

4. Delivery
4.1 Any time or date for delivery stated by the company shall be treated as an estimate only and does not form a binding term of this Agreement. Whilst every effort will be made to despatch goods on time no liability can be accepted by the Company for failure to deliver within the advertised times. The Company shall not be liable for any loss or damage whatsoever (including consequential loss or loss of profit) arising directly or indirectly from any delay in the delivery of all or any of the goods howsoever caused.

4.2 If the Company fails to deliver the goods, the Customer will not be charged for these goods. The Company’s liability for all losses caused by failure to deliver the goods (including but not limited to consequential loss and loss of profits or business interruption) is limited to the price of the goods ordered. If the Company fails to deliver the goods for 28 days the Customer is released from the Agreement and will not be charged for the goods.

4.3 The Company will accept no liability for shortages, damage to or non-delivery of goods unless the Customer notifies the Company in writing within three days of receipt of invoice or goods.

4.4 The Customer shall be bound to accept the goods when they are ready for delivery by the Company and delivery shall be deemed to take place when the goods are delivered to the Customer at the nominated address for delivery or to a nominated carrier as the case may be whereupon the risk of loss, breakage or any other damage whatsoever shall pass to the Customer

4.5 If for any reason the Customer cannot accept delivery of the goods at the time when the goods are due and ready for delivery the Company may either elect to (1) store the goods pending their actual delivery and the Customer shall be liable to the Company for the costs (including insurance)

of so doing but the Company shall be under no obligation to insure the goods in storage and the risk of any loss or damage to the goods howsoever arising shall be borne by the Customer, or (2) sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the contract or charge the Customer for any shortfall below the price under the contract.

4.6 If for any reason the Customer refuses a delivery, a charge will be levied for returning the delivery to the warehouse.

5. Payment Terms
5.1 Unless otherwise expressly stipulated by the Company, Credit Account invoices are due and payable in sterling 30 days from the date of the invoice.

5.2 If an invoice becomes overdue for payment the full outstanding account becomes overdue and payable. The Company may charge interest at 8% above the base rate of HSBC Bank prevailing from time to time on overdue amounts. Payment shall be deemed to have been received only when the full amount of the value of the goods as invoiced has been credited to the Company's bank account without recourse as cleared funds or the Company has received the full amount in cash.

5.3 If you wish to clear your credit account by way of credit or debit card there will be a 2% surcharge added.

5.4 Please note when paying for orders with a credit/debit card, that your card is charged at the moment you place the order. Payments taken for items out of stock will be held to enable immediate shipment of your order as soon as the stock becomes available.

6. Product Specifications, Details, etc.
Whilst the Company will make every endeavour to deliver the goods as they are advertised or displayed on the 3d Computers site or within any other Company brochure actual dimensions, images, specifications and quantities may in certain circumstances vary from those so advertised and supplied. The Company reserves the right without prior notice to vary the specification of any goods without any liability to the Customer arising directly or indirectly from any such variation but the Company will use all reasonable endeavours to ensure that the goods are as near as possible to the goods as specified.

7. Supply
In the event that the Company is unable to supply goods as ordered by the Customer the Company reserves the right to supply goods of equal or superior quality comparable to or compatible with the goods ordered at the same price. In the event that the goods ordered by the customer become obsolete, the company reserves the right to offer the customer a substitute that may be at a higher price.

8. Property and Title
No property or title to goods shall pass from the Company to the Customer unless and until the full amount of the value of the goods as invoiced has been credited to the Company's bank account without recourse as cleared funds or the Company has received the full amount in cash and the Customer shall indemnify the Company against any loss or damage to the goods prior to the passing of property therein whilst in the Customer's custody. Risk of damage to or loss of the goods shall pass to the Customer at the time of delivery or, if the Customer fails to take delivery of the goods, at the time when the Company has tendered delivery of the goods.

9. Cause Beyond Control
9.1 In the event that the Company is prevented from delivering the goods for sale as a result of any circumstance beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood, Terrorism, abnormal weather conditions, fire, Government action, delays by suppliers, accidents and shortages of materials, labour or manufacturing facilities and failure of third parties to deliver goods, the Company shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfilment is prevented.

9.2 If the Company is prevented from carrying out its obligations they will notify the Customer
within 14 days commencing with the estimated delivery date.

9.3 If the circumstances preventing delivery subsist for 3 months from and including the date the Company gives the Customer notice, then either party may cancel the contract. Such notice must be given when the adverse conditions subsist.

10. Trade Name and Mark
10.1 Indications of trade names or marks (other than those of the Company) shown documentation of the Company are not restricted to indications of manufacture but may be indicative of general use of systems, machines etc. associated with the use of such products.

10.2 Any software supplied to the Customer by the Company comes with a licence to use the software from the manufacturer. The Customer must comply with these software licence terms in addition to the Company’s terms and conditions.

11. Cancellation
Under normal circumstances goods are despatched the same day as receipt of order. Depending on the status of your order, we may be able to cancel it. However, the Company reserves the right not to accept cancellation of orders. If for any reason an order is refused at the point of delivery, a charge will be levied for returning the delivery to the warehouse.
For assistance from customer services, please email or call 0870 777 1887 or Fax 01249 460583.

12. Returns
Current items, undamaged, fully marketable with original manufacturers' packaging (which shall not be defaced) unopened with all wrappings and seals intact, may be returned by prior agreement of the Company, who reserve the right to levy a restocking fee. The customer is liable for payment of postage and packing charges incurred in the return of the goods. 3d Computers reserves the right to reassign costs to its customers levied by its suppliers relating to the return of any orders, including any applicable penalties. Requests for returns must be made within 10 working days from receipt of the goods.

Faulty or damaged items should be notified within seven days of receipt of goods, and will be dealt with in accordance with the returns procedure laid out by the manufacturer. All goods returned must be in the manufacturers' original packaging complete with all ancillary items. Products tested and found not to be faulty will be returned to the customer and 3d Computers reserves the right to reassign accrued costs to its customers.
The company reserves the right to refuse returns for items which have become obsolete or were part of a special order, regardless of the time the return is requested or the condition of the goods. Returns must be requested via customer services, please email or call 0870 777 1887 or Fax 01249 460583

13. Warranty
All goods sold by the Company are warranted free from defects in materials and workmanship. If the Company shall receive a written complaint from a Customer in respect of goods found to be defective in respect of materials or workmanship only within the manufacturers warranty period (Warranty information can be obtained from the helpdesk), the Company, after it has had a reasonable time to investigate the same and examine the goods in dispute shall be entitled at its option to repair or replace the defective goods or refund the purchase price.

No claim will be entertained in respect of any goods which have been repaired or altered in any way or have been the subject of any accident or damage caused by any innocent, wilful or negligent act or omission of the Customer its employees or agents or through use contrary to the manufacturer's instructions by the Customer, its employees or agents or by circumstances beyond the control of the Company or goods which cannot be shown to have been supplied by the Company.

14. Privacy
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998.) We collect information about you for 2 reasons: firstly, to process your order and second, to provide you with the best possible service.

We will not e-mail you without your consent. Certain emails are sent to registered customers in relation to placed orders, delivery status and promotions; to be removed from these mailings please contact us.

15. Consumer Distance Selling Directive
The Distance Selling directive provides a cooling off period and an unconditional right to cancel during that period. This period ends seven working days after the day of receipt of the goods (working days excludes Saturdays, Sundays and public holidays.) The customer must request a return under this directive in writing (fax, email or letter) within the 7 day period. As part of the directive the customer must also make adequate care and effort to ensure that the product can be resold as new.

16. The Company's Liability
16.1 The Company shall under no circumstances whatsoever be liable for any indirect or consequential loss howsoever caused.
16.2 The Company's liability in respect of breach or non-performance of any order shall be limited to the invoiced value to which the claim relates.
16.3 Goods are not tested or sold as fit for any particular purpose or for use under any specific conditions.
16.4 The Company excludes liability for death and personal injury caused by the goods except if caused by the Company’s negligence.

17. Health And Safety At Work Act 1974 and Consumer Protection Act 1987
In compliance with the above legislation the Company confirms that the goods supplied by the Company as a distributor of products do not present a hazard to health and safety when properly used for the purpose for which they are designed and provided also that the Customer or its employees or agents take reasonable and normal precautions in their use.

18. Entire Agreement
These terms and conditions set out the entire terms between the parties and supersedes all other agreements representations and documents previously exchanged between the parties.

19. Severance
If any of the terms are found to be void, void able or unenforceable then these terms are severed from the contract of sale and will not affect the enforceability of the remaining terms and conditions.

20. Waiver
Waiver by the Company of any breach of these conditions or any granting of time or indulgence by the Company to the Customer shall in no way affect the rights of the Company hereunder.

21. Jurisdiction
The terms and conditions are governed by English Law and the parties hereby agree to submit to the jurisdiction of the English Courts.


3D COMPUTERS LIMITED
Albany House
11 New Road
Chippenham
Wiltshire
SN15 1HJ

Company Reg 04752756
Vat Number 934 7173 11

www.3d-computers.co.uk