1. General
Nothing in these conditions shall affect the statutory rights of any consumer.
All orders are accepted and goods supplied subject to the following express terms and conditions.

Newmarket Computer Company (hereafter referred to as "the Company") intends to rely upon the written terms set out here. If you require any changes, please make sure you ask for these to be put in writing. No binding contract shall be created until the Company has indicated its acceptance of an order in writing or by making delivery or part delivery of the goods.

2. Settlement Terms
Where credit terms are allowed, terms of payment are strictly net and payable 30 days from the date of the Company's invoice. No receipts will be issued against payments by cheque unless specifically requested.
The company, at its discretion, reserves the right to implement charges (including interest charges) on account outstanding beyond the time specified in this condition. A surcharge of 5% of the value of the goods ordered may be implemented if the payment due remains outstanding for the period of greater than 45 days after the date of the Company's invoice. The rate of interest charged shall be 2% per month from the due date until payment is made. The Company can exercise this right in addition to any other rights it may have in respect of the goods or non-payment.
Payment by the due date shall be of the essence of the contract.

3. Prices
All prices are subject to change without notice and subject to a delivery charge specified at the time of ordering. Unless otherwise agreed in writing, all orders are executed subject to prices ruling at the date of dispatch and no price list of the Company, whether published or not, shall affect the right of the Company to charge for the goods in accordance with this clause. The delivery charges on internet orders are based on delivery in UK mainland (excluding some post codes) so there will be extra charges if delivery is required elsewhere. The consumer will be informed of the total price of the order before being binding and if there are any price changes before delivery then the consumer will have the option to cancel their order and get their money back.
Any clerical or error or omission in any sales literature, quotation, price list (including the Internet), acceptance of offer, invoice or other document or information issued by the company shall be subject to correction without any liability on the part of the company.

4. Extra costs
In the event of any variation or suspension of orders through the buyer's instructions or lack of instructions, prices may be increased to cover any extra expenses thereby incurred by the Company.

5. Credit
Any contract shall be subject to the Company being satisfied as to the buyer's credit worthiness and without generality to the foregoing the Company may, in its absolute discretion, having informed the buyer that the goods are ready for delivery, refrain from delivering the goods until such time as the buyer renders the purchase money to the Company in a form satisfactory to the Company. Prospective customers wishing to open a credit account are requested to furnish two trade references and one banker's reference. Until the opening of a credit account has been confirmed delivery will not be made unless payment has been received with order or made against the Company's pro-forma invoice. (Latest audited accounts required).

6. Orders
In the case of goods purchased by credit card, those goods can only be shipped to the credit card holder address (in order to protect you, we carry out extensive checks to ensure that your card is not being used fraudulently). Orders sent in confirmation of telephone instructions should be clearly marked as such, otherwise any additional expense incurred as a result of duplication of orders will be payable by the buyer.

7. Cancellation
Acceptance of cancellation of an order shall be at the discretion of the Company and any such acceptance may be subject to payment by the buyer of a cancellation charge, representing the Company's administrative costs involved.
In certain instances where the Company has spent considerable effort in obtaining goods specially requested for by the customer, the Company may decide at its discretion not to allow cancellation of such order.

8. Delivery
Delivery dates & time are given in good faith by the Company to indicate estimated delivery times but shall not amount to any contractual obligation to deliver at the time stated and is subject to payment clearance, locality, human error, courier company error and system failure.
No liability for direct or consequential loss or damage arising from delay in delivery will be accepted by the company. For collection orders paid by credit card the card holder must be present before or on collection.
If there is a change to the agreed delivery date then the buyer shall have the right to cancel the order and receive a full refund of the amount paid.

9.Title of Goods
The Company and the buyer agree that until the Company has received fully cleared payment for the goods:

(a) Property in the goods shall remain with the Company and the buyer shall hold the goods as a bailee and be fully accountable to the Company in respect thereof until such time as payment in full has been received by the Company for all goods supplied.

(b) Not applicable to consumers. As bailor of the goods ,the Company, by its employees or agents, shall (without prejudice to the buyer's continuing fiduciary obligations) be entitled to enter upon or into any land, buildings or vehicles where the goods, delivered to the buyer under this contract together with any interest or any other sum payable in respect of the goods under this contract, or part of them, are situated or are reasonably thought to be situated, to retake possession of the same.

10. Despatch Charges
All orders will be subject to carriage charges. Carriage charges can be obtained by the Company. This additional charge will not be refundable in the event of any dispute arising on the contract unless the buyer is a consumer in which case all despatch charges will be refunded.

11. Damage or Loss in Transit and Shortages
Any damage to goods in transit should be notified to the carriers immediately and to the Company within 24 hours of receipt. Packaging and contents must be held for inspection. On-receipt of goods to be notified within 24 hours of receipt of invoice. If the buyer is a consumer then a reasonable time will be allowed to inspect the goods to ensure the order complies with The Sale of Goods Act 1979.

12. Compatibility
Goods are not supplied on a trial basis. Customers are responsible for verifying suitability and compatibility of equipment before purchasing it. All software items supplied are subject to Manufacturer's Licensing Agreement-the seal must not be broken if the conditions of the License are not acceptable.
The company does not warrant the suitability and compatibility of goods for specific applications

13. Returns
A Returns Authorisation Number (RAN) must be obtained from the Company prior to returning any item. The returned item must be accompanied by the relevant Invoice. The Company accepts no responsibility whatsoever for items returned without RAN and relevant Invoice.
Unwanted items returned for refund or exchange, for whatever reason, will be subject to a re-stocking charge of ,£20,or 15% of the purchase value, whichever is greater. No restocking charge will be made where:
a) faulty goods are returned or
b) goods are returned where the consumer has exercised their right to reject.

Software items will not be accepted for return unless the goods are faulty or the shrink-wrap or copyright seal is intact. Items returned for refund after 30 days of purchase will be refunded at the price current at the time of refund. Items returned as faulty but found to have no fault will incur a handling and testing charge of 20% of the purchases value.
All packaging material must be retained until the goods are fully tested and functional. If for any reason the goods are returned, they must be returned in their original packaging material, including warranty repairs. If original packaging is not used, the Company will not be responsible for any damage caused during transit. Additionally, the Company will make a charge for supplying new packaging material. Proof of despatch must be retained until safe receipt is acknowledge by the Company.
If you are a consumer you have the right, in addition to your other rights, to cancel the contract (other than for video, audio or software products which have been unsealed by you) and receive a refund. However, we will only accept unwanted computer products for refund within 7 days of delivery, provided that the goods are complete with all relevant packaging in an unused and re-saleable condition. You must inform us in writing of your desire to cancel within seven working days starting on the day after the day the goods are delivered to you. You must return the goods to us at your cost and we advise you to ensure the goods are adequately insured during any return journey. If you have not returned the goods within 14 days of cancellation or if requested we can collect the goods from you at your cost.

14. Warranty
For consumers the Sale of Goods Act 1979 applies.
i) The company does not manufacture the goods but sells them with the benefit of the manufacturer warranty

ii) UK Mainland
a) The Company will repair or replace, at its discretion, faulty equipment with no charge to the customer up to a period of 4 days from the date of purchase. For any subsequent warranty repair, it will be the customer's liability to pay all carriage charges.
b) All consumer equipment is covered by a 12 month repair warranty for parts and labour only from the date of purchase. all sub-assemblies which require fitting into other equipment are covered by a 3 month repair warranty for the parts & labour only from the date of purchase, provided that the item is correctly installed by a qualified technician. Repairs are made on a best efforts basis.
c) In cases where the equipment manufacturer offers "On Site 'Warranty", the buyer will be responsible for contacting the manufacturer or its agents directly to obtain the services required. The Company will not be held responsible for the failure of the manufacturer or its agents to carry out the necessary repairs.
d) The customer will be responsible for all carriage/customs charges to get the defective equipment repaired/replaced under warranty.
e) All liability is subject to the company receiving authorisation/credit note from the manufacturer or the supplier.
f) The company shall reject claims relating to : fair wear and tear, accidental or willful damage, abnormal working conditions, alteration, misuse, or failure to follow manufacture instructions.
g) Warranty support may involve dealing directly with the manufacturer.

iii) Non UK Mainland
The customer will be responsible for all carriage/customs charges to get the defective equipment repaired/replaced/returned under warranty.
iv) Customers requiring continuous use of their equipment are strongly recommended to undertake an on-site maintenance contract.

15. Consequential Loss
The Company's liability will be limited to the value of the goods only and not for any consequential damages or losses howsoever caused unless the buyer is a consumer in which case the Unfair Contract Terms Act 1977 over rules.

16. Force Majeure
The Company shall not be liable for any delay in or failure to perform any of its obligations hereunder if the delay or failure is due to causes outside the reasonable control of the Company, ie acts of god, riots, floods, fire, earthquake, war , civil commotion.

17. Bankruptcy
In the event of the buyer committing any breach of contract with the Company or if any distress or execution is levied upon the goods of the buyer offers to make any arrangement with or for the benefit of the buyer's creditors or commits any act of bankruptcy or, being a limited company, has a Receiver appointed of its undertaking or assets or any part thereof or, for the purpose of a reconstruction or amalgamation without insolvency, goes into liquidation, the Company shall thereupon be entitled without prejudice to its other rights forthwith to suspend all further deliveries until the fault has been made good or to determine the contract or any unfulfilled part thereof, at the Company's option to make partial deliveries.

18. Value Added Tax
Where chargeable, Value Added Tax will be charged at the rate applicable at the date of dispatch.

19. Legal Contruction
Unless otherwise agreed by the Company in writing, these conditions and the agreement to which this document relates shall in respects be constructed and operate as an English contract in conformity with English Law.

20. Year 2000
The company makes no warranty or representation that any goods supplied by it are or will be Year 2000 compliant. The company has no liability whether in contract ( including negligence) or otherwise to its customers for any loss, damage , costs , claims or liabilities whatsoever incurred or suffered by any customer which relate or are attributable either directly or indirectly to any goods supplied by the company to the customer not being Year 2000 compliant.

These conditions do not affect your statutory rights
* On site Warranty applies to UK Mainland only (N. Ireland, Scottish Highlands, Channel Island etc, excluded).

Terms and Conditions are subject to change without notice. E.& O.E.