All equipment supplied with a service agreement is protected under our client performance charter:
3.1 The Equipment is described in the Sales and Service Sales and Service Order Form. 3.2 The Customer shall indemnify the Supplier against all liabilities, costs, expenses, damages and losses including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses suffered or incurred by the Supplier in connection with any claim made against the Supplier for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the Supplier's use of the Equipment Specification. This clause 3.2 shall survive termination of the Contract. 3.3 The Supplier reserves the right to amend the Equipment Specification if required by any applicable statutory or regulatory requirements. 3.4 The Supplier is not and shall not be party to any Equipment Leasing Arrangement and the Supplier shall have no liability to the Customer in respect of such Equipment Leasing Arrangement.
4. Delivery of Equipment 4.1 The Supplier shall deliver the Equipment to the location set out in the Sales and Service Sales and Service Order Form or such other location as the parties may agree at any time after the Supplier notifies the Customer that the Equipment is ready. 4.2 Delivery of the Equipment shall be completed on the completion of loading of the Equipment at the Delivery Location. 4.3 Any dates quoted for delivery of the Equipment is approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Equipment that is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Equipment. 4.4 If the Customer fails to accept or take delivery of the Equipment within five Business Days of the Supplier notifying the Customer that the Equipment is ready, then except where such failure or delay is caused by a Force Majeure Event or by the Supplier's failure to comply with its obligations under the Contract in respect of the Equipment: 4.4.1 delivery of the Equipment shall be deemed to have been completed at 9.00 am on the fifth Business Day following the day on which the Supplier notified the Customer that the Equipment was ready; and 4.4.2 the Supplier shall store the Equipment until delivery takes place, and charge the Customer for all related costs and expenses including insurance. 4.5 If five Business Days after the Supplier notified the Customer that the Equipment was ready for delivery the Customer has not accepted delivery of them, the Supplier may resell or otherwise dispose of part or all of the Equipment and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Equipment or charge the Customer for any shortfall below the price of the Equipment. 4.6 The Customer shall not be entitled to reject the Equipment if the Supplier delivers only part of it.
5. Quality of Equipment Purchased 5.1 When the Customer purchase the Equipment outright from the Supplier, the Supplier warrants that on delivery, and for a period specified by the manufacturer’s warranty, the Equipment shall: 5.1.1 conform in all material respects with their description and any applicable Equipment Specification; and 5.1.2 be free from material defects in design, material and workmanship. 5.2 Subject to clause 5.3, if: 5.2.1 the Customer gives notice in writing (during the warranty period) within a reasonable time of discovery that some or all of the Equipment do not comply with the warranty set out in clause 5.1; 5.2.2 the Supplier is given a reasonable opportunity of examining such Equipment; and 5.2.3 the Customer, if asked to do so by the Supplier, returns such Equipment to the Supplier's place of business at the Customer's cost, the Supplier shall, at its option, repair or replace the defective Equipment, or refund the price of the defective Equipment in full. 5.3 The Supplier shall not be liable for the Equipment' failure to comply with the warranty in clause 5.1 if: 5.3.1 the Customer makes any further use of such Equipment after giving a notice in accordance with clause 5.2; 5.3.2 the defect arises because the Customer failed to follow the Supplier's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Equipment or if the Customer’s acts or omissions were against best trade practice; 5.3.3 the defect arises as a result of the Supplier following any drawing, design or Equipment Specification supplied by the Customer; 5.3.4 the Customer alters or repairs such Equipment without the written consent of the Supplier; and 5.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions. 5.4 Except as provided in this clause 5, the Supplier shall have no liability to the Customer in respect of the Equipment' failure to comply with the warranty set out in clause 5.1. 5.5 The terms of these Conditions shall apply to any repaired or replacement Equipment supplied by the Supplier under clause 5.2.
6. Title and risk 6.1 The risk in the Equipment shall pass to the Customer on completion of delivery. 6.2 Title to the Equipment shall not pass to the Customer: 6.2.1 until the Supplier receives payment in full for the purchase of the Equipment and any other equipment that the Supplier has supplied to the Customer in respect of which payment has become due, in which case title to the Equipment shall pass at the time of payment of all such sums; 6.2.2 where the Customer is renting the Equipment from the Supplier. 6.3 Until title to the Equipment has passed to the Customer, the Customer shall: 6.3.1 store the Equipment separately from all other equipment held by the Customer so that they remain readily identifiable as the Supplier's property; 6.3.2 not remove, deface or obscure any identifying mark or packaging on or relating to the Equipment; 6.3.3 maintain the Equipment in satisfactory condition and keep them insured against all risks for their full price on the Supplier's behalf from the date of delivery; 6.3.4 notify the Supplier immediately if it becomes subject to any of the events listed in clause 13.2.2 to clause 13.2.13; and 6.3.5 give the Supplier such information relating to the Equipment as the Supplier may require from time to time. 6.4 If before title to the Equipment passes to the Customer the Customer becomes subject to any of the events listed in clause 13.2.2 to clause 13.2.13, then, without limiting any other right or remedy the Supplier may have: 6.4.1 the Customer's right to resell Equipment or use them in the ordinary course of its business ceases immediately; and 6.4.2 the Supplier may at any time: (a) require the Customer to deliver up all Equipment in its possession which have not been resold, or irrevocably incorporated into another product; and (b) if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Equipment is stored in Sales and Service Sales and Service Order Form to recover them.
Full terms and conditions can be found at https://www.itdocumentsolutions.com/downloads/Standard-Terms-and-Conditions.pdf
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