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Terms & Conditions

GENERAL

In these terms and conditions of sale “the seller” and “the company” means IT Digital Ltd and its trading divisions. “The customer” or “buyer” means the customer to whom the company agrees to supply goods. “Products” means any equipment of services supplied by the company. These terms and conditions shall apply to all contracts entered into between the company and the customer unless agreed to the contrary in writing by a director of the company.

INCORPORATION OF CONDITIONS

  1. IT Digital Ltd will be under no liability for any Order received until the Order is accepted by the company in writing.
  2. The terms and conditions herein contained shall apply to the Contract and any offer, order, acceptance, sales and/or delivery or any conduct in confirmation of any transcription will be subjected to these terms and conditions which are the only basis upon which the company does business and shell prevail notwithstanding any printed or other conditions referred to in any purchase order or other document prepared by or on behalf of the buyer.
  3. No other agreement, representation, promise, undertaking or understanding of any kind unless specifically confirmed in writing by a director of the company shall add to vary or waive any of these terms and conditions in whole or in part.

SELLER’S RIGHTS

  1. To withdraw or cancel quotation at any time without liability in respect of such cancellation for any loss to the buyer including consequential loss however arising.
  2. To refuse or delay the supply where the customer’s credit or conduct of his account is unsatisfactory;
  3. To modify designs and specifications for products without prior notification and withdraw products replacing them with items of the equivalent specification.

PRICES

  1. Notwithstanding any price specified in the order acceptance the price of the products shall be that applicable on the date of delivery. The seller will endeavor to maintain prices quoted but the seller reserves the right to increase quoted prices at any time to take the account of increase in costs including (without limitation) costs of labour, materials or other overheads.
  2. Taxes, insurance and delivery are not included in the pricing.
  3. Any special packing or alternation to the order required by the buyer is not included in the pricing.

PAYMENT

  1. The company’s terms of payment are strictly payment on delivery of the products or performance of the supply of services without deduction unless the invoice states otherwise.
  2. The company shall be entitled to charge interest on invoice sums outstanding for more than 30 days from the date of invoice at the rate of 2% per month from the due date until payment is received by the company.
  3. Failure by the buyer to the pay in accordance with the provisions of this clause entitles the seller, without prejudice to its rights to damages, to suspend any outstanding delivery or to cancel the contract.
  4. Unless the buyer has an account with the company all invoices are payable before shipment of the goods or against pro-forma invoice, whichever is earlier.

DELIVERY

  1. Dates and times quoted by the company for delivery run from the receipt by the company of a written order or from resolutions of technical details whichever is the later. All dates and times quoted are estimates only and any delay in meeting delivery dates will not give rise to a right to cancel the order unless such a right is specifically reserved in the customer’s written order and accepted in writing by the company.
  2. Offers for goods ex-stock are subject to the goods being unsold at the time of the customer’s order or resolution of technical details whichever is the later.
  3. Unless specifically included in the quotation, prices do not include delivery and any delivery costs incurred the seller will be passed on to the customer.
  4. The buyer shall examine the products on arrival and notify the seller by email or by registered post within 1 working days of delivery or any damage or short delivery of the products specified in the order. If the company does not receive such notice, the delivery shall be deemed accepted by the customer from there on.

RETURNS/REFUNDS

  1. The company reserves the right to levy an administration charge in respect of the rotation of products and returns.
  2. Returns must be made subject to the following:
    •   Within 7 days of the date of received purchase
    •   The product must be accompanied by a detailed packing list
    •   The product must be with original material
    •   The product must be in saleable condition
    •   The product is covered by warranty (see section 9)
  3. Unless specifically included in the quotation, prices do not include delivery and any delivery costs incurred the seller will be passed on to the customer.
  4. The buyer shall examine the products on arrival and notify the seller by email or by registered post within 1 working days of delivery or any damage or short delivery of the products specified in the order. If the company does not receive such notice, the delivery shall be deemed accepted by the customer from there on.

WARRANTY

  1. IT Digital Ltd will endeavor to ensure that the buyer receives the benefit of any guarantee or warranty, which is provided as standard by the manufacturer.
  2. The buyer is responsible for adhering to the terms of such guarantee or warranty and ensuring that all conditions are fully complied with.
  3. In cases where the manufacturer or supplier offers no guarantee or warranty, or if any act of the buyer has invalidated such guarantee, then the buyer shall be liable for all repair/replacement costs incurred.
  4. The buyer must ensure that the products are serviced, maintained and used properly in accordance with the company and the manufacturer’s recommendations and are not fitted or used with any parts, accessories or ancillary equipment other than those recommended by manufacturer or stated by the manufacturer to be suitable.
  5. No attempt must be made by the buyer or any third party to remedy any defect or to dismantle or otherwise tamper in any way with the products except in accordance with specific instruction, direction and/or request of IT Digital Ltd.

CANCELLATION OF CONTRACT

A contract cannot be cancelled except with IT Digital Ltd.'s consent and on terms and which will indemnify IT Digital Ltd against all losses.

TRANSFER OF PROPERTY

  1. Notwithstanding delivery to the buyer, legal and beneficial ownership in the products shall remain with IT Digital Ltd until the customer has paid the price and all other outstanding amounts due or to become due to IT Digital Ltd in respect of this or any other business transaction between the parties. Until such payment the buyer shall (1) take all necessary measures for the protection of the products including maintaining adequate insurance therefor and (2) not dispose of, whether by sale or otherwise, the product or any part of them to any other party whatsoever.
  2. As long as ownership and title in the products remains in IT Digital Ltd, the company shall have the right without prejudices to the obligation of the customer to have full access to and to re-take possession of the product.
  3. If any of the events referred to below happen, notice thereof is to be given immediately to IT Digital Ltd by the customer. Furthermore, all products, which are the property of IT DIGITAL LTD pursuant to the provision of the Clause 10 and are in the possession of the customer, shall be delivered immediately to IT Digital Ltd. Without prejudices to the customers duty to make delivery as aforesaid, IT Digital Ltd upon receiving notice from whatsoever source of the happening of any one of the said events, shall also have the right during normal business hours to enter upon said land or buildings of the customer to take possession of IT Digital Ltd’s products. The events referred to above are:
    •   Any notice to the customer that a receiver or manager is to be or has been appointed;
    •   Any notice to the customer that a petition to wind-up the customer to be or has been present or any notice of a resolution to wind up the customer;
    •   The customer is intending to make an arrangement with the customers’ creditors.
  4. The customer shall not create or allow to be created any right in the product in favor of any third party. If the customer breaches any of the provisions of the sub-paragraph the value and the outstanding amounts on the order shall immediately and notwithstanding any contractual term to the contrary become payable.
  5. No attempt must be made by the buyer or any third party to remedy any defect or to dismantle or otherwise tamper in any way with the products except in accordance with specific instruction, direction and/or request of IT Digital Ltd.

TITLE AND RISK

  1. Risk in the products shall pass to the customer at the time of delivery or collection by the customer or its agent whichever is earlier.
  2. Title to the products shall remain vested in the company (notwithstanding the passing of possession and risk to the customer) until the price and all other money due to from the customer to IT Digital Ltd on any other account has been paid in full.

Until the products passes to the customer, the customer shall hold the same in its fiduciary capacity as bailee for IT Digital Ltd and shall keep the products separate from that of the customer and third parties and ensure that the products are at all time identifiable as the company’s property; and the retake possession of the goods at any time. For that purpose the customer agrees that the company or its servants and agents may enter upon any land of premises occupied or used by the customer.

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