Terms & Conditions

Terms & Conditions

CMS IT Ltd. (trading as 'PoS-iT Retail Systems')
Terms and Conditions of Trading
Trading from Dobles Lane Business Park,
Holsworthy, Devon, EX22 6HL

1. Definitions

1. "CMS" means CMS IT Ltd. (trading as 'PoS-iT Retail Systems').
2. "Catalogue" means the catalogue of products and services offered by CMS.
3. "Force Majeure" means any cause affecting the performance by CMS of its obligations arising from acts, events, omissions, happenings or non happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
4. "Working days" means Monday to Friday, excluding Bank or other Public holidays

2. Orders

All contracts of sale made by CMS shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom CMS is dealing. Cancellation of orders by business to business customers is not accepted as many orders are despatched on the same day the order is placed. Cancellation of orders by consumers can only be accepted in accordance with the distance selling Distance Selling Consumer Protection Cancellation of Contracts away from Business Regulations: 1987

3. Prices

Goods and services, together with VAT, are invoiced at the price prevailing at time of order. CMS reserves the right to modify the prices from time to time.

4. Delivery, Title and Risk

(1) Any time or date stated for delivery is an estimate only. CMS makes every effort to despatch goods on time, but does not accept liability for failure to deliver within the stated time.
(2) CMS does not accept liability for shortages or damage to deliveries unless the Customer notifies Acton of the shortage or damage in writing within 3 days of receipt of the delivery.
(3) The Customer has to accept the goods when they are ready for delivery.
(4) Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage shall pass to the Customer.
(5) Title in the goods does not pass to the Customer until payment is received in full by CMS.
(6) If the Customer cannot accept delivery, CMS may at its option:
(a) store and insure the goods at the Customer's expense and risk or (b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall.

5. Payment

(1) CMS's standard terms of payment are payment with order, and these will apply except in the case of transactions where different terms are agreed.
(2) If different credit terms are agreed and payment is not made on the due date, CMS will be entitled to charge interest daily on the outstanding balance at the rate of 3% above Barclays Bank PLC base lending rate from time to time.

6. Product specifications

(1) CMS makes every effort to supply the goods as advertised but reserves the right to vary actual dimensions, specifications and quantities without prior notice. In the event that CMS cannot supply the goods ordered by the Customer, CMS reserves the right to offer goods of equal or superior quality at no extra cost. If the Customer does not wish to accept the alternative goods offered he or she may cancel the order and require any money paid to CMS in respect of that order to be refunded.
(2) Due to the current manufacturing methods of active matrix display panels, a small percentage of sub-pixel anomalies (a pixel stuck on or off) are accepted as inevitable. Accordingly, because the manufacturing yield of perfect active matrix panels is very low, displays may have some sub-pixels that are either always on or off. The cost of accepting only theoretically perfect displays would almost double the price of a portable computer using an LCD screen. Please be aware of this before purchasing a TFT screen, as CMS has to adhere to the manufacturer's guidelines stating that a limited number of pixel failures are deemed acceptable before the TFT screen is accepted for replacement on grounds of fault.

7. Trade names and Trade Marks

Trade names and marks (other than CMS's) are not always indications of manufacturers but may also be indicative of general use systems and machines associated with such products. In the case of component purchases, Customers requiring a particular brand of product should check with CMS the manufacturer of component it is proposed to supply.

8. Warranties and Returns

(1) CMS is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective, and in keeping with our commitment to providing Customers with excellent service, we offer the returns facilities set out below.
(2) All goods supplied by CMS are warranted to be generally free from defects in workmanship and materials and fit for the purpose for which such goods would normally be used. Subject to this, however, goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
(3) Subject to the right of consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000, CMS does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
(4) In the event that CMS, at its discretion, agrees to accept the return for credit of unwanted products, the goods must be returned with CMS's prior agreement within 5 days of delivery. The goods must be unopened and in perfect re-saleable condition. All goods returned in these circumstances will be subject to a handling fee of 15% of the goods value or £30, whichever is the greater.
(5) Subject to testing in order to verify any alleged fault, we will accept the return of defective products for full refund or replacement, if, but only if, the goods are returned within 14 days of purchase.
(a) CMS's Technical Support staff will advise you of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will either arrange a courier collection of the product, or request that you return the product to us directly. Authorised product returns must be sent to: CMS IT Ltd. Dobles Lane Business Park, Holsworthy, Devon, EX22 6HL
(d) All returned goods must be accompanied by CMS's Returns Authorisation number (RA) which can be obtained by contacting CMS on 01409 254145. Returned goods will not be accepted without a CMS RA number. The RA number must be clearly marked on the outer packaging, not on the goods. Failure to follow these instructions may result in delay and additional costs.
(e) CMS cannot accept liability for packages damaged during transit. It is the Customer's responsibility to package the product adequately to prevent damage.
(f) Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to maintain sufficient insurance to cover the value of the goods.
(g) On receipt of the returned product, we will test it to identify the fault you have notified to us.
(h) If following the testing process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility.
(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.
(6) Unless otherwise stated in the manufacturer's documentation, all goods delivered to 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 expedite a resolution of your problem, 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.
(7) No software on which seals have been broken can be returned for credit. If any software discs are faulty they will be replaced by the manufacturer. Please note Software Licences are non returnable.
(8) Some manufacturers require goods to be returned within 14 days or less in order to secure refund. In such instances the manufacturer's time limit will apply and therefore CMS will only accept a return within 14 days of purchase or the manufacturer's time limit if it is less than 14 days.

9. CMS's liability

(1) CMS shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of profits, loss of goodwill, damage to trading relationships, and financial loss. CMS's liability in respect of all other losses shall be limited to the invoiced value of the relevant order.
(2) Nothing in this agreement shall limit CMS's liability for death or personal injury caused by its negligence.

10. Health and Safety

Inaccordance with the Health and Safety at Work etc Act 1974 and the Consumer Protection Act 1987, CMS confirms that the goods it supplies as a distributor do not present a hazard to health and safety when properly used for the purpose for which they are designed and when the Customer takes reasonable and normal precautions in their use.

11. Force Majeure

Where, in spite of its reasonable efforts, CMS is unable to perform an obligation due to force majeure, it shall not be deemed to be in breach of its contract with the Customer.

12. Special Rules for Clearance Bargains & NCCR Products

(1) Goods sold as 'Clearance Bargains' are downgraded goods that CMS is able to offer at a discount on the normal catalogue price. Stocks of goods offered as Clearance Bargains are limited and such goods are sold subject to the following special rules. These special rules apply in addition to, and in the event of any conflict override, the other terms and conditions contained herein.
(2) Clearance Bargains are graded according to the condition of the goods which is described at the point of sale. The length of the guarantee (if any) with the benefit of which the goods are sold is specified in the description of the relevant grade.
(3) CMS makes every effort to ensure that Clearance Bargains are sold on a 'first come, first served basis'. However, the customer accepts that the goods may for some reason become unavailable at any time prior to delivery in which case CMS reserves the right to rescind the contract. In the event of the cancellation of the sale in these circumstances, CMS's liability is limited to the return of the purchase price paid by the customer.
(4) All goods sold by CMS as "Non current catalogue requests" or "Specials" are sourced and sold subject to the following special rules that apply in addition to the other terms and conditions contained herein.
i) Products are non-returnable unless CMS have made an error or the goods are faulty,
ii) quoted prices are valid for 14 days, and
iii) quoted prices are not subject to value, cash or volume discounts.

15. The Consumer Protection (Distance Selling) Regulations 2000

(1) Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the CMS website are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 ("the Regulations").
(2) If the Regulations apply, Customers may cancel goods purchased from CMS by sending a notice of cancellation by post or hand delivery to CMS IT Ltd. Dobles Lane Business Park, Holsworthy, Devon, EX22 6HL, or by fax or e-mail. (3) The notice of cancellation must be delivered within 7 days of the date of delivery of the goods.
(4) The Customer will be responsible for the cost of returning the goods. If the Customer does not actually return the goods to CMS, the Customer is under a duty to make the goods available for collection from the address to which they were delivered. (5) The Customer is under a duty to retain possession of the goods whilst they are awaiting return to CMS and to take reasonable care of them during this period.

16. Errors and Omissions

(1) CMS makes every effort to ensure that all prices and descriptions quoted in its on its website are correct and accurate. However it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, CMS will be entitled to rescind the contract, not with standing that it has already accepted the Customer's order , and CMS's liability in that event will be limited to the return of any money the Customer has paid in respect of that order.
(2) A 'manifest error', as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by CMS which is more than 10% less than the price that would have been quoted had the mistake not been made.

17. General

(1) Nothing in these terms and conditions affects your statutory rights, either as a consumer or otherwise.
(2) If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
(3) Any waiver of a breach of this Agreement must be in writing. (4) Any variation of this Agreement must be in writing and 0.signed by a duly authorised CMS official.
(5) The headings are for convenience only and shall not affect the interpretation of this Agreement.
(6) Any notices given under this Agreement shall be in writing and sent (a) by first class pre-paid post to the last known address of the party or (b) by fax to their last known fax number or (c) by e-mail to the last notified e-mail address of the party. The notice shall be deemed served (a) two working days after posting or (b) upon receipt of a successful transmission report or (c) after system confirmation of e-mail delivery.
(7) These terms and conditions shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
(8) CMS may at its discretion record telephone transactions for staff training and quality control purposes. The tapes will be erased after review.
(9) CMS reserves the right to change or amend these terms and conditions at any time and without prior notice.