"The Company" means Green Cloud Hosting Limited. "The Customer" means any person or organisation whom the company contracts for the supply of goods. "The Goods" means all the goods, materials, equipment and packaging supplied to the customer whether or not manufactured by the company.
1. Application of Conditions
All orders are accepted on the basis of these conditions only. Any conditions of offer or purchase offered on behalf of the customers shall be deemed to be waived by the customer upon acceptance of goods. No representations, warranties, guarantees or statements other than those contained on the company’s website or made in writing and signed by the director of the company shall be binding on the company.
2. Formation of Contract
A contract shall be concluded between the Customer and the Company upon the Company dispatching goods.
Goods will be sold at the prices ruling at the date of dispatch. Invoices will be subject to VAT unless specifically indicated. The Company reserves the right to modify pricing where necessary from time to time
Whilst every effort will be made to dispatch goods on time, no liability can be accepted by the Company for failure to deliver within the advertised times.
The Company will accept no liability for shortages, damage to or non-delivery of goods unless the Customer notified the Company in writing within 5 days of receipt of goods, or receipt of invoice. If for any reason the Customer fails or refuses to accept delivery of the goods at the time such goods are due and ready for delivery and it is established that the Customer is in breach of contract the Company may sell, or dispose of the goods without prejudice to the Company's right of legal redress for loss suffered in consequence of the customers failure to take delivery of such goods.
5. Property And Title
No property or title to goods shall pass from the Company to the customer unless and until the Customer has made full payment to the Company of all sums due from the Customer in respect of the goods, and the Customer shall indemnify the Company against loss or damage to the goods prior to the passing of property therein whilst in the Customer's custody.
6. Payment (Credit Accounts)
Invoices shall be settled within 30 days from the date of invoice. The Company may charge the customer interest at (5%) above the Bank Of England Base Rate, on the amount of any delayed payment for the period of delay. A fixed charge of £50 will be made to cover collection of any overdue account.
If the Customer defaults in making payments, commits an act of bankruptcy, enters into liquidation, becomes unable to pay its debts as they fall due, or if a receiver is appointed overall or any part of its assets or suffers any similar action or event in consequence of debt, without prejudice to any other rights or remedies, the Company may cancel any undelivered or uncompleted portion of the contract or stop any goods in transit. The Company shall nevertheless be entitled to claim against the Customer in respect of any loss or damage sustained as a result of non-compliance of the contract.
Deliveries shall at all times be subject to the approval by the company of the Customers credit. The Company reserves the right even after partial performance or partial payment in connection with any contract to require from the Customer satisfactory security for the due performance of the customers obligations. Refusal to furnish such security will entitle the Company to defer any further deliveries until such security is furnished or to cancel the contract or so much of it as remains unperformed without prejudice to any rights which the Company may have against the Customer in respect of breach of contract or otherwise.
7. Right Of Rejections
Any goods supplied by the Company which do not meet the Customer's expectations or the representation made in the catalogue may be returned by the Customer, carriage paid to arrive at the Company's premises within 21 days of the date of delivery. The Company will then at the Customers stated option:
(a) Despatch replacement goods; or
(b) Issue the Customer with a credit note
(c) Refund the customers payment within 48 working hours of the Company's receipt of goods.
Any goods returned by the Customer within the 21 day period must be returned under a valid return authorisation number which the customer should obtain from the Company prior to returning goods. The goods must return unopened and in perfect resalable condition. Goods returned in these circumstances will be subject to a restocking fee of 20% of the sales value of the goods or £30.00, whichever is the greater. All faults must be reported within 7 days of date of delivery. If the Company does not receive return of goods within 21 days of issuing to the Customer a return authorisation number then the Customer will be deemed to have accepted Goods. The Company will cancel the return authorisation number and the Customer must ensure prompt payment for Goods.
8. Replacement Or Repair
The customer accepts full responsibility for the suitability and fitness for purpose of the goods and if any statement or representation has been made by the Company, it's employee's or agents, the Customer hereby acknowledges that he understood it to be a statement of opinion only and that no reliance was placed on it by him. The Customer shall indemnify the Company against all claims, demands, actions, proceedings and costs made or brought against or incurred by the Company by reason of goods being unfit for the purpose for which they are or were intended to be used. The Company will reserve the right to test for any alleged fault found with goods returned for replacement or credit. The Company will repair or replace at its option free of charge any goods which are returned by the customer carriage paid to the Company's premises and which are shown to the Company's reasonable satisfaction to be defective (under proper use) by reason of faulty material or workmanship within 12 months from the date of their original dispatch or such other period as is stated in the Company's website.Subject to the right of consumers to return goods for refund under the Consumer Protection Distance Selling Regulations 2000, The Company does not sell products on a trial basis. We recommend that our customers check specifications and suitability of products prior to placing orders.
9. Disclaimer Of Liability
Neither the Customer nor any third party shall be entitled to damages in respect of:-
(a) Loss of profits or
(b) Loss of production or
(c) Loss of data
(d)Any other financial loss not related to the price paid for the goods.
(e) All losses will be limited to the amount paid for the goods ordered.
(f) Any other consequential loss or damage whether direct or indirect sustained by the Customer or such third party;-
(g) In the event of late delivery or non-delivery of any goods by reason of the Company's breach of contract; or
(h) If the Company commits any breach of the Contract; or
(i) In the event of any negligence or default on the part of the Company or its employees or agents resulting in any loss or damage to the property of the customer or such third party following the supply of any goods; or
(j) When the Customer is not dealing as a consumer in the event of any breach by the Company of any implied obligation under section 13, 14 or 15 of the Sale Of Goods Act 1979. Save as provided in these conditions, the Company shall be under no liability of whatsoever kind however caused in respect of terms, warranties, conditions or representations whether express or implied statutory or otherwise and whether arising under the contract or any prior agreement or in all written statements made by or on behalf of the Company in the course of negotiations with the customer or its representatives. Nothing in this paragraph shall exclude or restrict any liability of the Company for death or personal injury resulting from the negligence of the Company or its employees or agents.
10. Governing Law and Jurisdiction
The Contract shall be deemed to be made in England and shall for al purposes be governed and constructed in accordance with the laws of England and the Company and the Customer hereby agree to submit to the jurisdiction of the English courts.