(6) - "Normal Working Hours" means 9 am to 5 pm on a Working Day.
(2) - All orders are subject to acceptance and to availability of the goods ordered: Xenith Ltd is entitled to refuse any order placed by you.
(4) - Please note, Xenith Ltd may record and / or monitor inbound and outbound calls and electronic traffic for training purposes
(2)In the case of a Business Customer, if Xenith Ltd is unable to deliver the goods within 30 days of the agreed delivery date , the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to Xenith Ltd in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to Xenith Ltd after the above date but before delivery of the goods or notification from Xenith Ltd that the goods are ready for delivery. This Clause does not apply to Consumers.
(3)In the case of Business Customers, Xenith Ltd does not accept liability for shortages or damage to deliveries unless the Customer notifies Xenith Ltd of the shortage or damage in writing within 48 hours of receipt of the delivery. Consumers should notify shortages or damage within a reasonable period of becoming aware.
(4)Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.
(6)Title in the goods does not pass to the Customer until payment is received in full by Xenith Ltd.
(8)The Customer may request a Proof of Delivery, provided that this request is made in writing within 3 months of the date of delivery and Xenith Ltd shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
(9)Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. Xenith Ltd shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment
(2)If payment is not made on the due date, Xenith Ltd will be entitled to charge interest daily on the outstanding balance at the rate of 3% above Royal Bank Of Scotland PLC base lending rate from time to time.
(2)If Xenith Ltd cannot supply the goods ordered by the Customer, Xenith Ltd reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to Xenith Ltd in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.
(2)Unless otherwise stated in the manufacturer's documentation, all goods delivered to a UK mainland address carry a 12-month manufacturer's warranty.
(3)If you purchase goods in the course of your business, the following provisions of this Clause shall apply. Other than the express provisions set out in these terms and conditions, all other terms and the implied terms or warranties relating to the supply of goods are excluded to the fullest extent permitted by law. Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
(4)If you purchase services in the course of your business, the following provisions of this Clause shall apply. Xenith Ltd shall use its skill and expertise to carry out any contracted works (the "Service(s)") to a standard equivalent to that of a competent computer professional, and shall warrant our work as free from defects, for a period of 30 days after completion. In particular, we cannot be held responsible for any fault or damage not caused by Xenith Ltd services' engineers or its contracted agents. In the event of a claim arising relating to the level of skill and judgement applied in the course of providing Services, Xenith Ltd reserves at its sole discretion the right to appoint an independent expert in the field to appraise the work carried out in the execution of the Service(s). Additionally, Xenith Ltd cannot be held responsible for equipment installed or configured when the equipment has subsequently been altered or configured by persons other than Xenith Ltd. Except as set out here, all other express or implied terms or warranties relating to the Services are excluded to the fullest extent permitted by law.
(5)Subject to the right of Consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000 (see Clause 13), Xenith Ltd does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering. In some instances, Customers may benefit from special price discounts issued by a manufacturer specifically for their benefit. Such goods are not returnable to the manufacturer and may not be sold to other customers. Accordingly, orders for such goods can not be cancelled and Xenith Ltd can only accept a return of such Goods where they prove to be defective and the Goods are returned for repair or replacement.
(6)In the event that Xenith Ltd, at its discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 13), agrees to accept the return for credit of unwanted products, the goods must be returned with Xenith Ltd's prior written agreement within 14 days of delivery. The goods must be unopened and in perfect re-saleable condition. All goods returned in these circumstances (except where the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 13) will be subject to a handling fee of 15% of Xenith Ltd's sale price for the goods, or £20, whichever is the greater.
(7)Subject to testing to verify any alleged fault, we will accept the return of defective goods for full refund or replacement at our option, if, but only if, the goods are returned within 14 days of delivery. Consumers who wish to return defective products are not obliged to follow the processes set out below, but are recommended to do so as this helps us to provide a more efficient returns service.
(b)Xenith Ltd offers a collection, repair and delivery service (on the UK mainland only) for hardware which is shown to be faulty provided that the fault is reported within 14 days of delivery. If we have arranged for a courier collection of your product, we are unable to specify the collection time, and it is your responsibility to ensure that someone will be present at the collection address when the courier arrives.
© All returned goods (except those returned under Clause 13) must be accompanied by Xenith Ltd Returns Authorisation number ('RA Number') which can be obtained by contacting Customer Support on 0121 707 8787. Returned goods will not be accepted without an RA Number. Do not write directly on the manufacturer's packaging. Please write the RA number on the address label provided with the Returns Authorisation and attach it to the returned package. Any defacement of the manufacturer's packaging or damage caused by inadequate packaging may result in the rejection of the return or an additional restocking fee, at Xenith Ltd sole discretion.
(d)Xenith Ltd cannot accept liability for packages damaged during transit. It is the Customer's responsibility to wrap the product adequately to prevent damage.
(h)Unless otherwise stated in the manufacturer's documentation, all goods delivered to a UK mainland address carry a 12-month manufacturer's warranty. Customers who wish to make a warranty claim must comply with the manufacturer's instructions and warranty procedure. In order to resolve your problem as quickly as possible, we may refer you to the product manufacturer who will deal directly with the return. In these instances, we will provide you with the contact information for the relevant manufacturer. If you are a consumer, this does not affect your statutory rights.
(i)This warranty shall not apply if the goods have been worked upon, altered or damaged in any way by the Customer or its employees or agents, or to goods not used in accordance with the manufacturer's instructions.
(j)No software on which seals have been broken can be returned for credit. If any software discs are faulty, the manufacturer will replace them. If you are a consumer this does not affect your statutory rights. Please note Software Licences are non-returnable unless the software is materially non-compliant with its specification or the physical media on which it is supplied is defective.
(2)In the case of component purchases, Customers requiring a particular brand of product should, before placing an order, check with Xenith Ltd the identity of the manufacturer of component it is proposed to purchase
(2)Nothing in this agreement shall limit Xenith Ltd's liability for death or personal injury caused by its negligence.
(7)These terms and conditions shall be governed by and construed in accordance with the laws of England & Wales and the parties submit to the non-exclusive jurisdiction of the English courts.