Altus Digital Services Terms and Conditions
1. Definitions
1.1 “Seller” refers to Altus Digital Services, its representatives, and assigns.
1.2 “Buyer” refers to the person or entity purchasing the goods from the Seller.
1.3 “Goods” refers to the hardware, software, licenses and services described in the Seller’s invoice or quotation.
1.4 “Contract” refers to the agreement between the Seller and Buyer for the purchase and sale of Goods.
2. Acceptance of Quote
By accepting our quote, you agree to the terms and conditions outlined within the quote. Acceptance of our quote constitutes a binding contract between “Seller” and the accepting party “Buyer”, effective from the date of acceptance.
3. Orders
3.1 All orders placed by the Buyer are subject to acceptance by the Seller.
3.2 The Seller reserves the right to refuse any order at its discretion.
4. Price and Payment
4.1 The price of the Goods shall be as stated in the Seller’s invoice or quotation.
4.2 Prices are exclusive of VAT and other applicable taxes unless otherwise stated.
4.3 Payment is due as stated on the invoice unless otherwise agreed in writing.
4.4 The Seller reserves the right to charge interest on late payments at a rate of 8% per annum above the Bank of England base rate. Interested is calculated daily.
4.5 If payment is not received within 30 days of the invoice due date, a late payment fee of 10% of the invoice value will be charged. Additionally, the outstanding balance, including any accrued fees, will be referred to our nominated recovery company for collection, and the Buyer will be responsible for covering all associated costs and legal fees.
5. Delivery
5.1 The Seller will use reasonable efforts to deliver the Goods by the agreed delivery date. However, delivery dates are estimates only and not guaranteed.
5.2 The Seller will not be responsible for any costs incurred by the Buyer due to delays in delivery caused by the Seller, supplier, logistics company, or couriers.
5.3 The risk of loss or damage to the Goods passes to the Buyer upon delivery.
5.4 The Buyer must inspect the Goods upon receipt and notify the Seller of any discrepancies or defects on the delivery date.
6. Title
6.1 Ownership of the Goods remains with the Seller until full payment is received (including any late fees as stated in 4.5 above.
6.2 The Buyer agrees to keep the Goods adequately insured against loss or damage until title passes.
7. Returns and Warranty
7.1 The Seller will accept returns of defective Goods within 5 days of delivery, subject to the Goods being returned in their original condition and packaging.
7.2 The Seller provides a warranty of 12 months on the Goods from the date of delivery.
7.3 The warranty does not cover damage caused by misuse, neglect, or unauthorised modification.
8. Limitation of Liability
8.1 The Seller’s liability for any claim arising out of the sale of Goods shall be limited to the price of the Goods.
8.2 The Seller shall not be liable for any indirect, consequential, or incidental damages arising from the sale of Goods.
9. Force Majeure
9.1 The Seller shall not be liable for any delay or failure to perform its obligations due to circumstances beyond its reasonable control, including but not limited to acts of God, war, strikes, or government actions.
10. Intellectual Property
10.1 The sale of Goods does not transfer any intellectual property rights related to the Goods to the Buyer.
10.2 The Buyer agrees not to infringe upon any patents, trademarks, or copyrights associated with the Goods.
11. Governing Law and Jurisdiction
10.1 These terms and conditions shall be governed by and construed in accordance with the laws of England Wales.
10.2 Any disputes arising under or in connection with this Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.
11. Severability
11.1 If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
12. Entire Agreement
12.1 These terms and conditions constitute the entire agreement between the Seller and the Buyer, superseding any prior agreements or understandings.
13. Amendments
13.1 The Seller reserves the right to amend these terms and conditions at any time. Any amendments will be effective from the date they are published on the Seller’s website.