These "Terms and Conditions" will apply to and govern all
Contracts under which Fletcher Computer Services, its affiliates,
subsidiaries, agents or contractors acting on its behalf, agree to
supply goods and services, and shall prevail over any terms and
conditions of the client/customer, whether referred to in the clients
order, or in correspondence and elsewhere, or implied by trade custom
practice or course of dealing. Any purported provisions to the contrary
are hereby excluded or extinguished. No variation of these terms and
conditions shall be effective unless previously agreed in writing.
1.Security: It is the customers responsibility to ensure that prior to
Fletcher Computer Services 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. It is the
customers responsibility to back up all files and folders. Fletcher
Computer Services cannot accept liability for any loss of data and/or
information during any repair, upgrade or diagnosis.
2. Software Licensing: 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 Fletcher Computer Services.
3. Public Domain Software: 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. Fletcher
Computer Services makes no warranty as to fitness for purpose,
performance or as to freedom from embedded malicious software.
4. Maintenance of Protection: It is the clients responsibility to
ensure that the effectiveness of any software supplied by Fletcher
Computer Services is maintained, by acquisition from the original
developer of such database files, programme patches or other revisions,
as may become available from time to time.
5. Privacy: It is the clients responsibility to ensure that all
applicable civil liberty legislation and personal privacy safeguards
are complied with when using software supplied by Fletcher Computer
Services, both those enshrined in UK and EU law, and those included in
any telecoms service contracts entered into by the Client.
6. Payment Prices charged may be varied without prior notice. Payment
shall be made on the date of performance or by express written
agreement between Fletcher Computer Services and the client not later
than 30 days following the date of performance. In the event of late
payment interest will accrue at the base rate of Barclays Bank plc plus
two per cent.
7. Delivery: The dates for delivery of goods, materials or execution of
activities mentioned in any quotation or acknowledgement of orders are
approximate only. Delivery may be made in whole or in part at the
option of Fletcher Computer Services, and where delivered by
instalments shall be invoiced separately and seen as separate
contracts. If, in the case of the contract or any order involving more
than one delivery, default is made in payment on the due date, Fletcher
Computer Services shall have the right to suspend any further
deliveries or activities pending payment, or to terminate the contract
in its entirety.
8. Copyright: Copyright of all material originated by Fletcher Computer
Services, 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 Fletcher Computer Services. By separate negotiation and upon
payment in full, copyright may be assigned or licensed to the client.
9. Ownership of Goods: Title to the goods shall only pass to the client
upon payment in full of all sums owing or due to Fletcher Computer
Services, whether under contract or otherwise. Until such payment the
client shall store the goods in such a way as to show that they are the
property of Fletcher Computer Services
10. Risk: Risk in the goods or material passes upon delivery to the
clients premises. Where material is transmitted electronically, risk
will be deemed to have passed to the client, upon the moment of
transmission - not of receipt.
11. Indemnity: The client will indemnify Fletcher Computer Services,
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 conditions imposed by
any other party.
12. Liability: Fletcher Computer Services 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 Fletcher Computer Services, its staff,
contractors, or its agents, in excess of the contract invoice value.
13. Force Majeure: Fletcher Computer Services 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 uneconomic by reason
or circumstances or events beyond Fletcher Computer Services control
including, but not limited to:
(a) Act of God, or riot, strike, lock-out, trade dispute, labour
disturbance, restriction or ban on overtime, accident, fire, flood or
storm difficulty or increased expense or;
(b) Failure by the client to give adequate instructions or supply the
necessary information in due time or
(c) Failure by any third-party to carry out their part of the work or
otherwise perform their obligations when required.
14. Claims: All claims in respect of material, goods or non-execution
of the Contract must be made in writing and received by Fletcher
Computer Services no later than fourteen (14) days of the date of
delivery to the client, the clients premises or the Clients vehicle, or
in the case of electronic transmission, from the date of transmission.
15. Waiver: Any waiver by Fletcher Computer Services of any breach of
any term of these Terms and Conditions shall be valid only if given in
writing.
16. Severance: Fletcher Computer Services 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.
17. Notices: 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.
18. Law: All contracts to which these Terms and Conditions apply shall
be governed and construed in accordance with the laws of England and
Wales, and the parties hereby submit to the jurisdiction of the courts
of England and Wales
Last Updated ( Wednesday 13th September 2006 )