PRINCIPAL CONDITIONS OF SALE OF COMPUTACENTER PRODUCTS AND SERVICES

Language: English | Français | Nederlands

Updated: February 2008

1. 1. All sales of COMPUTACENTER Products or Services are subject to the General Conditions of Business of COMPUTACENTER of which the Customer acknowledges that he has received a copy and has accepted. All terms referred to in the present conditions are as defined in the General Conditions of Business. The present principal conditions of sale are intended only as a résumé of the main conditions included within the General Conditions of Business and are to be read in conjunction with the General Conditions of Business.
   
   
2. 2. COMPUTACENTER is under no liability for any Order received until the Order has been accepted by COMPUTACENTER in writing.
   
   
3. 3. COMPUTACENTER may cancel or delay the Supply where Customer's credit or conduct of his account exceeds such limits as have been agreed by COMPUTACENTER in writing.
   
   
4. 4. Notwithstanding any Price specified overleaf the Price of the Products or Services shall be that applicable on the date of delivery. Prices will be valid for the validity period specified in the quotation. Where prices are linked to vendor pricing (e.g for licensing contracts), the prices valid at the time of invoicing will be applied.
   
   
5. 5. Unless otherwise explicitly specified overleaf prices do not include VAT, insurance, the cost of delivery, any special packing costs, installation costs, or travel costs.
   
   
6. 6. Unless explicitly mentioned otherwise overleaf the terms of payment are strictly payment within 30 days of delivery of the Products or Services.
   
   
7. 7. All invoices are deemed to have been irrevocably accepted by Customer unless Customer notifies COMPUTACENTER in writing of its refusal to accept the invoice within 10 days of date of issue of the invoice.
   
   
8. 8. All times or delays quoted for delivery of Products or Services are estimates only and failure to comply with such times or delays shall not give rise to any liability on the part of COMPUTACENTER nor give rise to any right on the part of the Customer to cancel the Order or obtain any reduction of price.
   
   
9. 9. Customer shall examine all Products and Services on delivery and notify COMPUTACENTER by facsimile transmission or by registered post within 3 working days of delivery of any complaint with regard to the delivery. Failing any such notification to COMPUTACENTER, the delivery shall be deemed irrevocably and unconditionally accepted by Customer.
   
   
10. 10. Notwithstanding delivery to Customer, ownership in all Products shall remain with COMPUTACENTER until Customer has paid the full Price (whether or not due or invoiced at the date of delivery) and all other outstanding amounts due or to become due to COMPUTACENTER in respect of the Supply or any other business transaction between the parties.
    
    
11. 11. Risk in the Products passes to Customer on delivery of the Products by COMPUTACENTER .
    
    
12. 12. COMPUTACENTER will use its best efforts to ensure that Customer receives the benefit of any guarantee or warranty that may have been given to COMPUTACENTER by a third party manufacturer or seller or service provider. Customer is responsible for informing itself on the terms of any such guarantee or warranty and ensuring compliance with any conditions.
    
    
13. 13. In cases where no guarantee or warranty is offered by the manufacturer or supplier, or where an act of COMPUTACENTER has invalidated such guarantee or warranty, if within 90 days of the date of delivery of the Product or Service, Customer shall notify COMPUTACENTER in writing of any defects in the Products or Services, such notification to be done in accordance with Clause 9 in the event of visible defects or, in the case of hidden defects, within 8 days of discovery of the defect, COMPUTACENTER, at its discretion, shall replace or repair any Products or Services that are defective.
    
    
14. 14. Except as agreed otherwise in writing, COMPUTACENTER shall not be liable to provide any maintenance, support, assistance or consultancy services.
    
    
15. 15. Subject only to any obligatory legal requirements resulting from COMPUTACENTER's position as a professional seller of goods, COMPUTACENTER’s liability shall be limited to performance of the obligations described in 13 above and all other conditions and warranties whether express or implied by Statute or common law and whether oral or written are excluded and negated. In no event shall COMPUTACENTER be liable for any consequential or indirect loss or damage howsoever arising and any and all such liability is hereby excluded and negated.
    
    
16. 16. COMPUTACENTER shall in no event be liable for any losses in relation to any loss, damage, distortion or non-retrieval for any reason of data or programs from computer disk, tape, memory or other medium.
    
    
17. 17. The Supply described overleaf shall be subject to Belgian Law and both parties hereby agree to submit to the exclusive jurisdiction of the Courts of Brussels, provided that COMPUTACENTER shall have the right, at its discretion, to institute proceedings before any other jurisdiction.

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