AMI - Terms & Conditions

AGREEMENT

The term "the company" means Asset Management Ireland Ltd.   These terms and conditions will apply to and be incorporated into every agreement between Asset Management Ireland Ltd   and, any other company, firm or person ("the customer"), under which the company supplies goods or services.   These terms and conditions (" Conditions") shall supersede all earlier terms and conditions of the company.   

Acceptance of delivery of the goods or services shall be deemed conclusive evidence of the customer's acceptance of these conditions.   Any variation to these Conditions (including any special terms and conditions agreed by the parties) shall be inapplicable unless agreed in writing by the company.

GOODS

The computers and peripherals sold by the company are classed as ex-demo/refurbished/second user (unless otherwise stated), although a large proportion of components in certain computers and peripherals may be new.  

The brand name of goods cannot be guaranteed and the company reserves the right to substitute brands to fulfil orders.  

The company cannot be held responsible for the safety of second user equipment.   The customer is responsible for deciding the suitability of the goods offered for any particular purpose.   No warranties (as to title, licences, suitability, quality, fitness or otherwise) are given by the company in relation to software.  

PRICES AND PAYMENT

Any prices quoted by the company are exclusive of VAT and any other taxes unless otherwise stated and exclusive of carriage, packing and insurance.   Cleared funds payment is required in full before goods are despatched.   The company reserve the right to charge interest at a rate of 4% above the Bank of England base rate on payment not received by the due date until such sum is received irrespective of any other action taken in order to obtain satisfactory settlement of sums due.   

The goods are not sold on a sale and return basis.   If in the company's discretion the company agrees to take the goods back then any credit notes must be used against future purchases of goods by the customer from the company, or, if a refund is   given a 20% handling/restocking fee plus carriage and disbursements will be deducted.  

The Company shall be entitled to adjust the price at any time before delivery thereof to the customer in the event of any increase howsoever arising in the cost to the company of supplying or delivering the goods.   If the customer fails to provide the required payment on the date of delivery then without prejudice to any of the company's other rights the company may appropriate any payment made by the customer to such of the goods (or goods supplied under any other contract with the customer) as the company may in its own discretion think fit and:

• suspend or cancel deliveries of any goods due to the customer; and/or
• withdraw any goods previously provided under any other contract.

CANCELLATIONS

The company shall be at liberty to cancel an order (and/or any other order subsisting between the company and the customer) and the company may appropriate any payment made by the customer to such of the goods (or goods supplied under any contract with the customer) as the company may at its own discretion think fit.   The company shall not incur any liability whatsoever to the customer for any loss (whether consequential or otherwise) suffered by the customer as a result of such determination .   Without prejudice to any other rights which the company may have in law or hereunder the company shall be entitled to charge a fee of 20% on the total amount of the sale to the customer, upon the cancellation by the customer of their order, for any reason whatsoever.    The company shall not be obliged to accept a customer's cancellation. The fee charged is to cover any costs incurred by the company i.e., build costs, administrative costs, storage costs, ordering of parts and any other costs incurred which are directly linked to the cancelled order.   Subject to a minimum charge of £50.

DELIVERY & INSPECTION

It is hereby expressed that the delivery date shall not be of the essence of the contract.   The company shall be under no liability whatsoever for any delay in delivery caused (directly or indirectly) and in any such event the time for delivery may be extended by the company or the company may cancel an order without incurring any liability whatsoever to the customer.   Delivery dates quoted by the company, orally   or otherwise are only estimates.

Delivery shortages must be reported to the company   within 24 hours of the date of delivery and if the initial notification is only oral this must be confirmed in writing within 3 days of the date of delivery.  

The company will not be held responsible for goods lost or damaged in transit.   Any such losses will be dealt with under the terms and conditions of the appropriate carrier.

Where the Goods are supplied for export from the United Kingdom, the provisions of this condition shall (subject to any special terms agreed in writing between the customer and the company) apply notwithstanding any other provision of these Conditions.

The Customer shall be responsible for complying with any legislation or regulations governing the importation of the goods into the country of destination and for the payment of any duties on them.

Unless otherwise agreed in writing between the customer and the company the goods shall be delivered 'ExWorks' (EXW).   The goods shall be delivered to the customer by the company at the company's premises (unless the company otherwise agrees in writing to deliver to the customer's named place of delivery) and not loaded on any collecting vehicle.   The customer shall provide the company with documentary evidence of having taken delivery of the goods.   The customer shall also pay the costs of any pre-shipment inspection mandated by the authorities of the country of export.

TITLE OF GOODS AND RISK

Title of goods shall not pass to the customer until payment for the goods the subject of the particular order and any other goods the subject or any other order made between the customer and the company has been received in full by the company and any cheques/payments received by the company as payment for goods have been cleared by the company's bank. Risk in the goods shall pass to the customer upon such delivery being effected, with the customer bearing the risk of loss or damage to the goods from the time and date of delivery.   The customer will insure the goods against loss or damage under a policy, which protects the company's interest in the goods until title of goods passes to the customer.   If payment in full is not received by the company for goods delivered to the customer, within   7 days, the company reserves the right to reclaim possession of the goods and any other goods supplied by the company to the customers under any order in the customer's possession.

HARDWARE WARRANTY

The company guarantees to the purchaser that the goods will be free from functional defects for the warranty period of 28 days from the date of invoice. Under this guarantee the company will issue a credit to the purchaser for any goods found to be defective by reason of faulty materials or by poor workmanship, provided that:

• The company is notified in writing within 7 days of the purchaser first discovering any such defects and in any event no later than 28 days from the date of invoice - An RMA request form must be completed in the first instance.
• The defective goods are returned to the company, transportation charges being pre-paid by the purchaser to arrive at Asset Management Ireland Ltd by 5pm on the 28th day after the day the goods were received. All goods returned MUST HAVE a copy of the original invoice ENCLOSED with the returned goods.

Examination by the company of such goods shall disclose to its satisfaction that such defects exist and have not been caused by misuse, neglect, accident, improper storage, installation or handling, or by repair or alteration not effected by the company.

In the case of a consumer transaction this condition shall not affect the statutory rights of the purchaser.

The company's liability to the purchaser in either contract or tort shall not extend either under this condition or any other provision or in any circumstances at all to indirect or consequential loss or damage or loss of profits sustained by the purchaser provided always that this condition shall not exclude or restrict for death or personal injury arising from its negligence.

Goods being returned will only be accepted with the returns authorisation number (RMA) issued by the company clearly labelled on the outer packaging.

GOODS RETURNED MUST BE AS ORIGINALLY SUPPLIED BY Asset Management Ireland Ltd - Warranty will be void if internal / external parts have been tampered with.

It is the responsibility of the purchaser to ensure that any items returned are properly insured. The company will not be responsible for any items lost or damaged in transit.

Asset Management Ireland Ltd accepts no responsibility for the durability of consumables i.e toner cartridges, ribbons etc.

Asset Management Ireland Ltd does not give warranty to notebook/laptop batteries. We do not check the life expectancy of a laptop/notebook battery and whilst this is a vital part of a portable machine we will not warrant or test these batteries. The functionality will still be tested through our technical processes using a PSU. This matter is taken into consideration when pricing these goods for sale.

LOSS OR DAMAGE IN TRANSIT

The company will not be held responsible for damage to any of the goods or loss of the goods or part thereof in transit unless the customer gives written notice of a claim to the company and to the carrier 24 hours of the date of delivery and if the initial notification is only oral this must be confirmed in writing within 3 days of the date of delivery.   The customer will be asked to sign a copy of the company's courier's manifest as acknowledgment of receipt of goods.   The customer should inspect the goods carefully, as an unqualified signature shall be deemed to signify the customer's acceptance that the goods are in good condition.

ASSIGNMENT

The customer may not assign any of its rights or obligations under this agreement without the company's written consent.

FORCE MAJEURE

The company will not be liable in respect of any breach of this agreement due to any cause beyond its control, including Act of God, inclement weather, flood, lighting or fire; industrial action or lockout, the act or omission of government, highways authorities or other competent authority; war military operations or riot, the act or omission of any party for which the company   is not responsible.

GOVERNING LAW

The application and interpretation of these terms and conditions shall be interpreted and enforced in accordance with Northern Ireland Law.

GENERAL