Terms and Conditions

  1. Definitions

    Client the person who buys or agrees to buy goods or instructs the service or repair of equipment by Switch.

    Conditions the terms and conditions of sale or service as set out in this document and any special terms and conditions agreed in writing by Switch.

    Sales and Service order the articles which the client agrees to buy or instructs the repair or service of by Switch.

    Price the price for the goods, including VAT and any carriage, packaging and insurance costs.

    Switch means Switch, SwitchSW or Switch SouthWest or SCS or Switch Computer Support of 158 Torquay Road, Paignton, Devon, TQ3 2AH (herein after referred to as "Switch")

  2. Conditions.
    1. These Conditions shall form the basis of the contract between Switch and the client in relation to the sale of goods. Service or repair of equipment to the exclusion of all other Terms and conditions including the clients standard conditions or purchase or any other conditions which the client may purport to apply under any sales or service order or Confirmation of order or any other document.
    2. All sales and service orders shall be deemed to be an offer by the client to purchase goods, repair or service equipment by switch pursuant to these Conditions.
    3. Acceptance of the sales and service order shall be deemed to be conclusive evidence of the client's acceptance of these Conditions.
    4. These Conditions may not be varied except by the written agreement of Switch.
    5. These Conditions represent the whole of the agreement between Switch and the client. They supersede any other conditions previously issued.

  3. Price
    1. The price shall be the price quoted on the Sales and Service Order or during the booking process either on switch premises or through switchsw.com. The price is inclusive of VAT which shall be charged at the rate in force on the date of Switch's invoice if applicable.

  4. Payment and Interest
    1. Payment of the price shall be due immediately upon the date of Switch's invoice.
    2. Interest on overdue invoices shall accrue from the date when payments become due calculated on a daily basis until the date of payment at the rate of 8% per annum above the Bank of England Base rate from time to time in force, such interest shall accrue after as well as before any judgement.
    3. The Client shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by Switch.

  5. Sales and Service Order
    1. The quantity and descriptions of the Sales and Service Order shall be as set out in Switch's order.

  6. Warranties
    1. Switch warrants that the delivery of the Sales and Service Order correspond to the description given by Switch. Except where the client is dealing as a consumer (as defined in section 12 of the unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fit for purpose, quality or condition of the goods are excluded.
  7. Liability
    1. Switch shall under no circumstances be liable for any loss, damage, expense or injury of any kind. Whether direct, consequential or otherwise, arising in connection with the execution of a contract or the use or failure of the goods supplied or any defect in them, or from any other cause whether or not due to the acts or omissions of Switch, its staff, contractors, or its agents in excess of the contract invoice value.

  8. Delivery of Sales and Service Order
    1. Switch undertakes to use its reasonable endeavours to dispatch the order on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be the Essence of the contract. Delivery shall be made to the client at Switch's address or at the clients address by agreement and indicated on the Sales and Service Order. The Client shall make all arrangements necessary to take delivery of the order on the day notified by Switch. If the client fails to take delivery of the order on the agreed delivery date, or, if no specific delivery date has been agreed, when the order is ready for dispatch, Switch shall be entitled to store and insure the Order and to charge the client the reasonable cost of doing so.
    2. Switch shall not be liable to the client for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the order. If short delivery takes place, the client undertakes not to reject the order but to accept the delivery as part performance of the contract.

  9. Acceptance of Order
    1. The client shall be deemed to have accepted the order immediately upon delivery to the client.
    2. The client shall carry out a thorough inspection of the order within 48 hours of delivery and shall give written notification to Switch within 5 working days of the delivery of the order of any defects which a reasonable examination would have revealed.
    3. Where the client has accepted, or has been deemed to have accepted the Order, the client shall not be entitled to reject the order which is not in accordance with the contract.

  10. Title and risk
    1. Risk shall pass on delivery of the order to the Client's address. Where material is transmitted electronically, risk will be deemed to have passed to the Client upon the moment of transmission - not receipt.
    2. Notwithstanding the earlier passing of risk, title in the Order shall remain with Switch and shall not pass to the Client until the amount due on the invoice for them (including interest and costs) has been paid in full.
    3. Until title passes the Client shall hold the order as bailee for Switch and shall store or mark them so that they can at all times be identified as the property of Switch
      1. Switch may at any time before title passes and without liability to the Client:
      2. repossess and dismantle and use or sell all or any of the Order and by doing so terminate the Client's right to use, sell or otherwise deal in them; and
      3. for that purpose (or determining if any goods are held by the Client and inspecting them) enter any premises of or occupied by the Client.

    4. Switch may maintain an action for the price of any Order notwithstanding that title in them has not passed to the Client.
  11. Sales and Service Order Carriage
    1. Carriage will be chargeable on all Sales which are delivered to the Client's address. This will be at the rate detailed on Switch's Sales and Service Order.

  12. Security and Data
    1. It is the Client's responsibility to ensure that prior to Switch starting work on its computer system or other electronic installation, that all critical data has been backed up, and that appropriate recovery procedures are in place. Switch will not be held responsible for loss of data from any equipment in its care howsoever caused.

  13. Software Licensing
    1. It is the Clients responsibility to comply with the terms of use, distribution, duplication and other requirements whether public or private in origin applicable applied to any software supplied through Switch.
    2. the client gives switch permission to accept all and any EULA or license agreements of any kind on the clients behalf that Switch deems necessary for the execution of the contract.

  14. Public Domain Software
    1. In the case of software that is available as "freeware", "shareware" or otherwise supplied from the public domain, such software is supplied to the client on an "as is" basis.Switch makes no warranty as to fit for purpose, performance or as to freedom from embedded malicious software.

  15. Maintenance of Protection
    1. It is the client's responsibility to ensure that the effectiveness of any software supplied by Switch is maintained, by acquisition from the original developer of such database files, programs patches or other revisions, as may become available from time to time.
  16. Privacy
    1. It is the Clients responsibility to ensure that all applicable civil liability legislation and personal privacy safeguards are complied with when using software supplied by Switch, both those enshrined in UK and EU law, and those included in any telecoms service contracts entered into by the client.

  17. Copyright
    1. Copyright of all material originated by Switch, either in the form of pre-contract documentation or as text, images, research papers or electronically stored code for the manipulation, transmission and presentation of information remains vested in Switch. by separate negotiation and upon payment in full, copyright may be assigned or licensed to the Client.

  18. Indemnity
    1. The Client will indemnify Switch, its staff, contractors and agents for any loss or damage suffered or incurred as a result of failure to obtain any necessary license or consent to enter any premises, or premises being unsafe or unsuitable or any failure of the client to comply with any other conditions imposed by any other party.
  19. Force Majeure
    1. Switch shall not be liable to the client for any loss or damage which may be suffered by the client as a result of the delivery of goods, materials or the execution of a contract being delayed prevented hindered or made uneconomical by reason or circumstances or events beyond Switch's control including, but not limited to:
      1. Act of God, riot, strike, lock-out, trade dispute, labour disturbance, restriction or ban on overtime, accident, fire, flood or storm difficulty or increased expense; or
      2. Failure by the client to give adequate instructions or supply the necessary information in due time; or
      3. Failure by any third party to carry out their part of the work or otherwise perform their obligations when required
  20. Waiver
    1. Any waiver by Switch of any breach of any of these Terms and Conditions shall be valid only if given in writing.

  21. Severance
    1. Switch and the Client believe that these Terms and Conditions are reasonable. If any provision shall be held to be contrary to Applicable law, such provision shall be severed from the remainder and the remainder shall continue in full force and effect.

  22. Notices
    1. Any notice hereunder shall be deemed to have been duly given if sent pre-paid first class post, fax or e-mail to the party concerned at the address specified.

  23. Law
    1. All Contracts to which these Terms and Condition apply shall be governed and construed in accordance within the laws of England and Wales, and the parties hereby submit to the jurisdiction of the courts of England and Wales

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