Terms and Conditions of Sale
‘Collab8 Ltd’ trading as Collaborate – The Company, who act as a reseller of Products and Services for Manufacturers.
‘Products and services’ means the goods, licenses, software, maintenance or professional services agreed to be provided by The Company to the client. Including, if appropriate Update Services’ (means the provision of new major and minor releases of the Product subject to this Agreement) and Support Services’ (means assistance in the use of the Products)
‘Client’ the organisation or individual that is buying the products and services from The Company
‘Fees’ means the fees payable to The Company for the provision of licensed software and services
‘Manufacturer’ author, developer and owner of the products or services
2. Overriding Provisions
All quotations are made and all orders are accepted subject to these conditions. In the event of conflict between these conditions and the terms of the customer’s enquiry, order and acceptance (including printed terms and conditions) these conditions shall prevail unless otherwise expressly agreed by The Company in writing
3. Fees and Prices
Unless contrary is expressly agreed in writing.
Quotations are based on the information given by the Client and the Manufacturer and are valid at the time they are prepared. The Client will be informed on receipt of the order of any known discrepancies and The Company reserves the right to cancel the order. Furthermore if subsequent information is made available that may reduce or remove the Client “eligibility” to receive any taxation exemption, pricing discount, products and services, then The Company may alter its fees in accordance with the Manufacturers’ and or any Governing body instructions and reclaim any unpaid and futures fees arising from this.
Any error on any paperwork (electronic or otherwise) produced by The Company or the Manufacturer of the software that we sell, shall be subject to correction without any liability on the part of The Company.
All prices are quoted in Pounds Sterling excluding VAT unless and are valid for 30 days from the date of the quotation unless otherwise stated.
The Client shall pay the Fees within 14 days of an invoice from the Company, or sooner should The Client require delivery before the standard 14 days has elapsed.
Licenses, Services and Software will be delivered to The Client ONLY once full payment has been received. In the event that Products and Services are delivered to The Client when any invoice or part invoice remains outstanding to The Company, the title of the goods purchased shall remain with The Company until full payment has been received.
The Company may revoke the right of The Client to use the Products and Services until such a time as full payment is made. The Company may use reasonable efforts to prevent The Client from accessing the Products and Services until full payment has been made. Such remedial or other actions are taken by The Company to recover monies due do not release The Client of their obligations to pay The Company all monies due.
Collab8 Ltd reserve the right to charge interest on overdue sums from the date payable at the rate of 2% (two percent) per month.
Payments can be made via credit card and will be subject to a 3.5 % charge on the total invoice to cover the cost of credit card processing.
Any additional transaction fees incurred shall be paid for by The Client.
Licenses, services and contracts cannot be cancelled or refunded once Collab8 Ltd have received confirmation from The Client to proceed with the set and customisation. Confirmation is deemed to be accepted upon delivery of purchase orders, written / e-mail confirmation to proceed or payments have been made to Collab8 Ltd for the Licenses, services or contracts.
5. Limitations and exclusions
Products or services provided by the Company are not subject to any representation or warranty, whether express, implied, statutory or otherwise and this Agreement hereby expressly excludes the same to the fullest extent permitted by law including, but not limited to, any representations or warranties as to quality, merchantability, or suitability and fitness for any particular use.
The Company’s total liability will not be in excess of the value of the services purchased by the client. The foregoing shall not restrict the Company’s liability for death or personal injury caused by the negligence or the Company or its employees.
In no event will the Company be liable to the Client for any lost revenues, lost profits, incidental, indirect, consequential and special or punitive damages.
Any date agreed between the parties for delivery of the products shall be estimated only and Collab8 Ltd shall not be liable for any loss or damage occurring through any failure or inability to meet such a date.
7. Warranty and Guarantee
If any material part of the Product or Service should prove defective in materials or workmanship under normal operation or service, such Products and Services will be repaired or replaced only in accordance with the warranty cover and terms provided by the Manufacturer of the goods provided that no unauthorised modifications to the Product or Service have taken place.
8. Force Majeure
Company will not be under any liability for non-provision, part provision, ineffective provision or delay in provision of any of the Products and Services provided, directly or indirectly caused by or as a result of any act of God, outbreak in hostilities, insurrection, riot, civil disturbance, acts of terrorism, or regulations of any government or authority or any other cause beyond the reasonable control of Company.
This Agreement shall be governed by law of England and shall be deemed to have been made in England and the parties hereby submit to the jurisdiction of the English courts.