Please read these terms of sale carefully before placing your order and retain a copy of these terms and your order for future reference. You may also need to refer to our other legal policies.
Format of the Contract
- These terms of sale apply to all products and goods supplied by Exceed IT Systems Ltd (Exceed IT).
- No contract exists between you and Exceed IT for the sale of any goods until Exceed IT has received and accepted your order.
- An acceptance of your offer to buy the goods will be sent shortly after your order. However, we do have the right to terminate the contract in the event that the goods are unavailable, mis-priced or cleared funds are not received.
- The contract is subject to your right of cancellation (see below).
- Exceed IT may change these terms of sale without notice to you in relation to future sales.
Description and price of the goods
- The description and price of the goods you order will be as shown on Exceed IT's website or described in an Exceed IT quote at the time you place your order.
- The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock we will not accept your order. If after acceptance or job order Exceed IT discovers within [14 days] of our acceptance of your order that the goods are unavailable we may terminate the contract and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
- Every effort is made to ensure that prices shown on Exceed IT´s website are accurate at the time you place your order. If an error is found within 14 days of accepting your order, Exceed IT will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If Exceed IT does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, Exceed IT will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
- In addition to the price, you may be required to pay a delivery charge for the goods.
Please see our General terms and conditions for terms and conditions of payments.
- The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom.
- Orders placed before 4.00 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
- If delivery cannot be made to your address for reasons under Exceed IT´s control Exceed IT will inform you as soon as possible.
- If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of Exceed IT) then without prejudice to any other right or remedy available to Exceed IT , Exceed IT may:
- store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
- sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
- If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations Exceed IT shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to Exceed IT. Should you fail to return the goods, Exceed IT reserves the right to deduct any direct costs incurred by Exceed IT in retrieving the goods as a result of such failure.
- Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, Exceed IT will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, Exceed IT will inform you as soon as possible.
- Where goods are delivered by postal or courier services, upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
- The goods are at your risk from the time of delivery.
- Ownership of the goods shall not pass to you until Exceed IT has received in full (in cash or cleared funds) all sums due to it in respect of:
- the goods, and
- all other sums which are or which become due to Exceed IT from you on any account.
- Exceed IT shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from Exceed IT.
Title for Business Customers
- If you are a business customer until ownership of the goods has passed to you, you must:
- store the goods (at no cost to Exceed IT) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as Exceed IT´s property;
- not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on Exceed IT´s behalf for their full price against all risks to the reasonable satisfaction of Exceed IT. On request you shall produce the policy of insurance to Exceed IT; and
- hold the proceeds of the insurance referred to in teh previous condition on trust for Exceed IT and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
- If you are a business customer your right to possession of the goods shall terminate immediately if:
- You have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the grant-ing of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
- You suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
- You encumber or in any way charge any of the goods.
Your right of cancellation
- You have the right to cancel the contract at any time up to 10 days after you receive the goods (see below). Please note that this policy has some limitations and does not apply to business customers.
- There may be a re-stocking fee on certain items.
- To exercise your right of cancellation, you must give written notice to Exceed IT by hand, post or email, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
- Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to Exceed IT at your own cost. The goods must be returned to the address provided by us when Exceed IT when the return is confirmed. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or misdescribed goods we shall, after receiving notification in accordance with the above, either collect the goods from you or ask you to return the goods yourself and possibly refund you the reasonable postage costs.
- Once you have notified Exceed IT that you are cancelling the contract, Exceed IT will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
- Except in the case of faulty or misdescribed goods, if you do not return the goods as required, Exceed IT may charge you a sum not exceeding the direct costs of recovering the goods.
- You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.
- All goods supplied by Exceed IT are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
- Certain products are covered by the manufacturers warranty and where this is applicable you may need to contact the manufacturer directly.
- This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by Exceed IT, failure to follow Exceed IT´s instructions, or any alteration or repair carried out without Exceed IT´s approval.
- If the goods supplied to you are damaged on delivery, you should notify Exceed IT in writing via email within 7 working days. (Please note that this is 48hrs for our business customers)
- If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify Exceed IT in writing via email, as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.
Limitation of Liability
- Subject to the below, if you are a consumer Exceed IT shall not be liable to you for any loss or damage in circumstances where:
- There is no breach of a legal duty owed to you by Exceed IT or by its employees or agents;
- Such loss or damage is not a reasonably foreseeable result of any such breach;
- Any increase in loss or damage resulting from breach by you of any term of this contract.
- Nothing in these conditions excludes or limits the liability of Exceed IT for death or personal injury caused by Exceed IT´s negligence or fraudulent misrepresentation.
- If you are a business customer Exceed IT shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
Exceed IT will take all reasonable precautions to keep the details of your order and payment secure but unless Exceed IT is negligent, Exceed IT will not be liable for unauthorised access to information supplied by you.
Product images are for illustrative purposes only and may differ from the actual product.
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.