1.1 The Supplier A-ONE IT Limited trading as A-ONE IT.

The Customer the person who buys or agrees to buy or the Goods from the Supplier. The Goods the goods and/or services which are to be sold or supplied to the Customer in accordance with these Conditions which will include sale or supply of hardware, software and installation of computer systems. Software licence to use software programmes and supporting documents. V.A.T.Value Added Tax or any similar charge tax or levy on purchase of the goods or services.The Conditions the provisions contained herein which shall be incorporated into this Agreement in their entirety.

1.2 The headings in these conditions are for convenience only and shall not affect their interpretation

1.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and/or the remainder of the provision in question shall not be affected thereby.

2 Application of Conditions

2.1 All Goods are sold or supplied by the Supplier upon the following terms and conditions and these terms and conditions apply in preference to and supersede any terms and conditions referred to, offered or relied on by the Customer whether in negotiation or at any stage in the dealings between the Supplier and Customer with reference to the Goods to which this contract relates.

2.2 All orders of Goods from the Supplier shall be deemed to be an offer by the Customer to purchase on the basis of these Terms and Conditions.

2.3 No Order by the Customer shall be deemed accepted unless confirmed in writing by an official of the Supplier. Acceptance of delivery of the Goods shall be conclusive evidence of the Customer's acceptance of these Conditions which shall apply to any such order.

3 Description

3.1 Illustrations, catalogues, photographs, descriptions, demonstration products and general literature relating to the Goods are intended as a general guide only and shall not form part of any contract between the Supplier and the Customer for such unless otherwise expressly agreed in writing signed on behalf of the Supplier by an official of the company

3.2 Unless a specific written term of the contract the Supplier gives no advice or recommendation regarding the use of the Goods and in entering into this Contract the Customer acknowledges that it does not rely on and waives any claim for breach of any such representation in this respect or in relation to quality or otherwise of the Goods unless any such representation is made in writing by an official of the Supplier

4 Title and Risk of Goods

4.1

(a) In the case of a purchase of the Goods by the Customer, until receipt by the Supplier in cash or cleared funds in payment in full together with V.A.T. in respect of the purchase by the Customer of the Goods and all other Goods agreed to be sold by the Supplier to the Customer for which payment is then due; the goods shall REMAIN the property of A-ONE IT Ltd.

(b) The Customer shall so store the Goods that they shall be safe and at all times identifiable as Goods of the Supplier.

(c) Whilst all risk in the Goods shall pass to the Customer at the time of delivery or if the Customer wrongfully fails to take delivery at the time when the Supplier has tendered the delivery of the Goods the Customer shall insure them with a reputable insurance company for the benefit of the Supplier.

(d) If payment for the Goods is not made in accordance herewith the Supplier shall be entitled to require the Customer to deliver up the Goods to the Supplier and, if the Customer fails to do so forthwith, the Supplier shall be entitled and the Customer hereby gives the Supplier the right to enter upon any premises of the Customer where the Goods are situate and take possession of the Goods in which the property remains in the Supplier and remove and dispose of them as the Supplier thinks fit. Whilst the Supplier will attempt to download data onto disk where practicable the Supplier shall not be liable for the loss of any data stored and the Customer shall have no right of action in relation thereto.

(e) The Customer shall be deemed not to have paid the Seller for Goods in the possession of the Customer at any time unless the Customer can prove that payment for such Goods has been received by the Supplier.

5 Prices

5.1 Subject as mentioned following any price quoted is valid for 7 days only or until earlier acceptance by the Customer.

5.2 The Supplier reserves the right by giving notice to the Customer at any time before delivery to increase the price of the Goods to reflect any increases in the cost to the Supplier which is due to any fact beyond the control of the Supplier (such as without limitation foreign exchange fluctuation, operation of duties, increase in costs of component parts, either hardware, software or other components or consummables) provided always if such increase shall represent more than 5% of the cost of the Goods (excluding VAT) the Supplier shall have the right to cancel this Agreement by giving notice to the Supplier of such his decision within two weeks of the date of the Supplier's notice of increase. If no such Supplier's notice is received by the Supplier within the said period the Supplier shall be deemed to accept the increased price.

5.3 Any change in delivery date, quantities or specifications for the Goods which is requested by the Customer or any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate info rmation or the failure of the Customer to provide reasonable access to or to prepare the site to allow installation shall entitle the Supplier to make any consequential adjustment in price

5.4 The cost of despatching Goods a specific method at the request of the Customer will be charged to the Customer

6 Terms of Payment

6.1 Goods supplied to the Customer are invoiced after installation or work done on site and payment is due from the Customer to the Supplier 30 days from invoice date or on installation whichever shall be the earlier. Time for payment shall be of the essence. The Supplier reserves the right to require a deposit before accepting an Order.

(i) Computer Systems and all their components , software and cabling will require a 100% payment if full before order and subsequent delivery and installation. Upon an application by the customer in writing  the Director's can make an amemdment to this payment term.

(ii) Annual hosting charges MUST be paid before the renewal date otherwise the customer's website & email will be suspended and a £35 reconnection charge added to the hosting fee must then be paid before the website is re-activated.

6.2 The Supplier reserves the right to deliver in instalments and to invoice accordingly.

6.3 The Supplier reserves the right to demand immediate cash payment in the event of the Supplier having reasonable cause to believe that the Customer may be having financial difficulties.

6.4 Any credit account is subject to prior agreement in writing and any continuance of such arrangement is at the absolute discretion of the Supplier and the Supplier reserves the right to cancel such arrangements without notice.

6.5 The Supplier reserves the right to amend the terms of payment.

6.6 The price of the Goods and any other costs or charges payable by the Customer under these Terms and Conditions shall be paid by the Customer without regard to any equity, set-off or counterclaim.

6.7 If the Customer fails to make payment on the due date:-

(i) The Supplier may charge interest on the amount outstanding on any account from the due date of payment until the actual date of payment at the rate of 8% per annum.

(ii) The Supplier may suspend or cancel deliveries of any articles due to the Customer.

(iii) The Supplier may require payment for any other articles due in advance but without prejudice to any other remedies available to the Supplier.

7 Customers Obligations

7.1 The Customer will provide the Supplier with such info rmation as it shall reasonably need to enable the correct installation and assembly of the Goods.

7.2 The Customer will provide a suitable environment for the Goods as reasonably required or advised by the Supplier or any manufacturer

7.3 The Customer will ensure that all software which is used with the Goods is either the property of the Customer or legally licensed to the Customer and that the Supplier is permitted to use such software in connection with the supply of the Goods and will indemnify the Supplier in respect of any third party claim arising from its use possession or operation except in so far as the Supplier is liable as expressly provided for in these terms and conditions.

7.4 The Customer will ensure that backups are taken on a regular basis being not less that weekly and such backups stored in a suitable place.

7.5 The Customer acknowledges that the Goods have not been prepared to suit the Customer's individual requirements and that it is the responsibility of the Customer to ensure that the facilities and function of the Goods meets the Customers' requirement.

7.6 Without prejudice to the remedies of the Supplier in respect of the Customer's breach of the Agreement the Customer shall compensate and indemnify the Supplier to the extent of any costs charges liabilities damages and other expenses incurred by the Supplier by reason of such breach together with all costs incurred by the Supplier up to the date of such breach.

8 Delivery

8.1  Whilst the Supplier shall make every effort to comply with any estimated delivery date all times or dates given for delivery of the Goods are indications given in good faith but without any responsibility on the part of the Supplier. Time of delivery shall not be of the essence of any contract nor shall the Supplier be under any liability for any delay beyond the Supplier's control, or for reducing the amount delivered.

8.2 The Supplier shall not be liable to the Customer or be deemed to be in breach of the Contract by any reason of any delay in performing or any failure to perform any of the Supplier's obligations in relation to the Goods if the delay or failure was due to any cause beyond the Supplier's reasonable control, without prejudice to the generality of the foregoing the following shall be regarded as causes beyond the reasonable control of the Supplier:-

(a) Act of God, explosion, flood, tempest, fire or accident.

(b) War or threat of war sabotaging civil disturbance or requisition.

(c) Acts, restrictions, regulations, bylaws, prohibitions or measures of any kind on the parts of any Governmental, Parliamentary or Local Authority.

(d) Import and export regulations or embargoes.

(e) Strikes, lockouts or other industrial actions or trade disputes, whether involving employees of the Supplier or any third party.

(f) Difficulty in obtaining raw material, labour, fuel, parts or machinery..

(g) Unavailability of components, hardware, software or other materials from the usual sources of supply. In such circumstances the Supplier shall be entitled at its option to give notice to the Customer declaring that the Supplier is unable to complete the work whereupon the work shall be deemed to be frustrated from the date of such notice.

8.3 The Supplier reserves the right to deliver the Goods in instalments and to invoice in respect of each instalment shall be treated as a separate contract and the Customer shall not be entitled to repudiate the whole Contract as a result of any breach of these conditions by the Supplier in respect of any instalment.

8.4 If the Customer fails to take delivery of the Goods or fails to give the Supplier adequate delivery instructions or fails to afford the Supplier reasonable access for installation without prejudice to any other right or remedy available to the Supplier, the Supplier may:-

(a) store the Goods until actual delivery and charge the Customer reasonable costs (including insurance and storage) and in addition charge interest at the rate of 8% per annum for any period of storage exceeding 14 days.

(b) sell the Goods at the best price readily obtainable and after deduction of all reasonable expenses as above charge the Customer with any shortfall.

 8.5.1 Claims for non-delivery of part of the Goods or for damage in transit or defect apparent on delivery cannot be entertained unless a separate note in writing is given to the carrier concerned and the Supplier within 72 hours of the date of delivery and unless a complete claim in writing is made to the Supplier within 10 days of receipt of the Goods.

8.5.2 Where the Goods are accepted without being checked the Delivery Note from the carrier must be marked not examined.

8.5.3 The Goods in respect of any such claim must be preserved intact as delivered for a period of 14 days from notification of the claim within which time the Supplier and the carrier shall be at liberty to attend at the Customer's premises and inspect the Goods.

9 Acceptance, Defects and Shortages of Goods Manufactured or Assembled by the Supplier only

(a) The Supplier reserves the right to inspect all Goods deemed faulty or substandard by the Customer. All Goods agreed to be faulty or sub-standard by the Supplier will be authorised and arranged as an uplift and returned to the Supplier, unless supplied by a sub-supplier. The Supplier will not accept any Goods sent back by the Customer that have not been duly authorised.

(b) The Supplier will arrange uplift and return of Goods if authorisation is given.

(c) The Customer shall pay the Supplier a handling charge in respect of Goods returned in addition to the purchase price if in the opinion of the Supplier such Goods are not defective. Only incorrectly supplied or defective Goods may be returned.

(d) Any returned Goods must be in the same condition and packing as they left the Supplier's premises.

(e) The Supplier is not responsible for any returned Goods lost in transit.

(f) If, in the opinion of the Supplier, the Goods returned are defective and the defect is due to faulty workmanship or materials or to some other factor within its control, the Supplier shall, at its option, either replace, repair or credit the Customer with the value thereof.

(g) Failure to give notice to the Supplier of allegedly defective Goods or alleged shortages within the 72 hour period specified in clause 8 hereunder above shall prevent the Customer from claiming and shall be deemed acceptance of the Goods.

10 Warranty (New Systems, Parts only)

10.1 In as much as the Supplier has not manufactured or created the Goods the Supplier assigns to the Customer the benefit of all such warranties and guarantees to the Customer. The Customer accepts this assignment in place of all warranties from the Supplier whether statutory or otherwise and in place of the warranties given in clause 10.2 hereof.

10.2.1 Nothing in this clause nor in clause 11 is intended to deprive the Customer who is dealing as consumer as defined by Section 12 Unfair Contract Terms Act 1977 of his rights under Sections 12 to 15 of the Sale of Goods Act 1979 as amended.

10.2.2 Subject to sub-clause 1 above and the Conditions set out below the Seller warrants in relation to new Goods assembled or installed by the Supplier that the Goods will be free from defects in materials and workmanship for a period of one year from the date of delivery or installation.

10.2.3 The above warranty is given by the Supplier on the following conditions:-

(a) The Supplier shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Customer.

(b) The Supplier shall be under no liability in respect of any defects arising from fair wear and tear, wilful damage, failure to follow the Supplier's or operating instructions, improper use, negligent or improper treatment or handling of the Goods.

(c) The Supplier shall be under no liability under the above warranty or any warranty, condition or guarantee if the total price of the Goods has not been paid by the due date for payment.

(d) The above warranty does not extend to parts, materials or equipment not manufactured by the Supplier in respect of which the Customer shall only be entitled to the benefit of any warranties (if any) by the manufacturer or other supplier to the Supplier. The warranty does not extend to second hand goods supplied. See 10.2.5

(e) It is the responsibility of the Customer to obtain any necessary permissions prior to installation and to ensure that the work to be undertaken complies with Building Regulations and Health and Safety Codes if applicable and the Customer must at its own expense make ready the site for installation including the re-siting or disconnection of any gas electrical or plumbing installations or any similar services.

(f) Warranties for hardware equipment will be void if the customer tampers, opens up equipment, or employs the services of another party to service the computer or install any software.

(g) All warranties are for Hardware only, labour is charged extra an any warranty work at supplier's standard hourly rate.

10.2.4

(i) The liability of the Supplier shall in any event not exceed the purchase price of the Goods and performance of any one of the options below shall constitute compliance with the Supplier's obligations hereunder.

(ii) If the Goods do not conform to the above warranty the Supplier will at its option within a reasonable period of time:-

(a) replace the Goods not conforming to the warranty;

(b) take such steps as the Supplier deems necessary to bring the Goods into a state where they are free from such defects; or

(c) take back the Goods found not to conform with the warranty and refund the appropriate part of the purchase price PROVIDED:-

(a) The Customer has given written notice to the Supplier of the alleged defect in the Goods in writing such notice to be received by the Seller within seven days of the time when the Customer is aware of the defects and in any event within six months of the delivery of the Goods. In the absence of evidence of the date of delivery the date of the Supplier's invoice shall be held as the date of delivery.

(b) The Customer affords the Supplier a reasonable opportunity to inspect the Goods and if so requested by the Supplier to arrange for the return of the alleged defective Goods to the Supplier's works carriage prepaid together with a copy of the relevant delivery note and invoice for inspection to take place there.

(c) No further use of the Goods is made after the time which the Customer discovers or ought to have discovered that the Goods were defective.

(d) These Conditions apply to parts as well as the whole of the Goods.

10.2.5 Second Hand Equipment

(i) No warranties are given for second hand computers, laptops or computer parts (except under special circumstances, these warranties will always be provided in writing by the supplier). However any faults or defects recorded in writing to the Supplier within 48 hours of purchase, will qualify for a full refund of monies. Any refund will be void if the goods are tampered  with, opened up or have any cosmetic damage or accidental damage. Second hand goods are sold as seen.

11 Limitation of Liability

(a) The undertakings contained in clauses 9 and 10 of these Terms and Conditions shall be the absolute limit of the liability of the Supplier in respect of allegedly defective Goods or breach of contract and such undertakings are in substitution for any condition duty or warranty (except as to title) implied by statute, common law or otherwise in respect of the supply use or resale of Goods which said warranties conditions or duties are hereby expressly excluded.

(b) In particular and without prejudice to paragraph (a) of this clause in no circumstances shall the Supplier be liable to the Customer for any consequential loss or damage (whether for loss of profit or otherwise costs, expenses or other claims for consequential compensation) whatsoever and howsoever occasioned or arising.

(c) The liability of the Supplier in any event shall not exceed the price and performance by the Supplier of any one of its options under clauses 9 and 10 shall constitute compliance with the Supplier's obligations hereunder.

(d) Whilst all reasonable care shall be taken the Supplier shall not be under any responsibility whatsoever for damage done to internal or external decorations caused by installation.

(e) Nothing in these Terms and Conditions shall affect the liability of the Supplier for death or personal injury arising out of the negligence of the Supplier or its employees.

12 Intellectual Property

In this clause "IP" shall mean any copyright, trade marks, logo, registered design , know how , patents or other intellectual property right in relation to the Goods or their use.

12.1 The Customer acknowledges it has no right in the IP in relation to the Goods which either belongs to or is licensed to the Supplier and acknowledges that no right or licence is granted under this contract to the Customer except the right to re-sell the Goods where hardware or if software use the software under the terms of any software licence granted by the Supplier.

12.2 The Customer covenants not to deface alter or remove any proprietory or trade marks from the Goods.

12.3 All Goods sold in retail packaging may be resold by the Customer only in the packaging supplied by the Supplier and in no case may any trade mark other than those supplied by the Supplier be marked or applied in relation to the Goods.

12.4 The Customer must notify the Supplier or its agents of any suspected infringement of the IP and take such action thereupon as the Supplier shall direct and the Customer shall indemnify the Supplier against all costs claims damages expenses and other matters arising from any alleged unauthorised use or infringement or any IP.

12.5 If any claim is made against the Customer that the Goods infringe or their use or resale infringes the IP of any person the Supplier shall indemnify the Customer against all loss, damage, costs, expenses awarded under any court of competent jurisdiction or agreed by the Supplier in final settlement against or incurred by the Customer provided that:-

(a) The Supplier is given full control of any proceedings or negotiations in connection with any such claim.

(b) The Customer shall give the Supplier all reasonable assistance for the purposes of such proceedings.

(c) Except pursuant to a final award the Customer shall not pay or accept any such claim or compromise any such proceedings without the consent of the Supplier.

(d) The Supplier shall be entitled to the benefit of and the Customer shall accordingly account to the Supplier for all damages and costs, if any, awarded in favour of the Customer to be paid by any other party in respect of any such claim.

(e) Without prejudice to any duty of the Customer at common law, the Supplier shall be entitled to require the Customer to take such steps as the Supplier may reasonably require to mitigate or reduce any such loss, damages, costs or expenses for which the Supplier is liable to indemnify the Customer under this clause.

(f) The Customer has used the IP in connection with the Goods in accordance with the instructions of the Supplier

13 Suspension of Services

If the Goods supplied to the Customer include the provision of internet and web space or the registration of domain names then the Supplier is entitled to suspend those services whilst any monies remain outstanding to it from the Customer in respect of any Goods supplied. The Supplier reserves the right to charge an administration fee of £35 for reconnection should this clause be invoked. No refund will be made for the time when the service is suspended and no credit will be given if services are terminated prior to the end of the contract period.

14 Notices

Any notices hereunder may be sent by letter or facsimile to the Customer at the address of the Customer to which invoices are sent by the Supplier or to the Supplier at its office and shall be deemed to have been received 48 hours after despatch, in proving service it shall be sufficient to prove despatch.

15 Law

All contracts by the Supplier for the sale of Goods shall be deemed in all respects to be contracts made, performed and construed according to English Law and the parties hereto submit to the jurisdiction of the courts of England .

16 Waiver

No failure, forbearance, delay or indulgence by the Supplier in enforcing its rights shall prejudice or restrict such rights and no waiver of any such rights or any breach of any contractual term shall be deemed to be a waiver of any other right or of any later breach.

17 Services provided to A-ONE IT ltd

All companies, persons or service company's must provide quotations in advance to A-ONE IT ltd, before any work is allowed to proceed. Quotations can be hourly or fixed price for the job or service; but if the supplier quotes a fixed price quotation they must provide the cost of additional hourly rates. If no hourly rates are provided, A-ONE IT ltd will not  conduct business with that company under any circumstances. This condition is not open for discussion.