ND will guarantee products and materials supplied in relation to any defects which subject to proper we appear within a period of ninety days, or within the price and subject to the condition of the original manufacturer, after the item has been delivered and of which notification has been received within two weeks, of the defects then coming apparent and which arise mainly from faulty materials or workmanship. The defective item must be returned at the customer’s expense, to a ND engineering workshop and will be made good by repair or at the option of ND by the supply of replacement components.
ND acts as a dealer for companies specialising in the development of software products and ND supplies such products subject to the following terms and conditions. The Customer agrees to all copyright, patent rights, limitations on use, confidentiality terms, warranties and all other conditions of the software authors.
The software, its associated documentation, and written specifications will be made available by ND if requested for inspection by the Customer who is responsible for ensuring that the software meets the requirements of the Customer's business and that it is fit for its intended purpose.
Subject to the other terms and conditions contained within this Contract ND warrants only that a software product will conform to the corresponding written specifications delivered to the Customer, Subject to the conditions detailed under Clause 12
(i) A written System Specification shall he deemed a definition of previously stated bespoke software requirements of the Customer.
(ii) The copyright in software supplied to the Customer shall remain the property of ND and the software shall not be sold, leased or otherwise made available by the Customer to any Third Party without the prior written consent of ND. The software shall be supplied for use on a single computer as detailed in the System Specification.
(iii) Bespoke software work will be undertaken on the basis that 50% of the quoted price, together with the System Specification fee, is payable on the commencement of programming work, the balance of 50% is payable immediately on delivery. ND requires the Customer to take delivery of the software on the agreed date.
(D) All products: the following additional clauses apply to all products supplied by ND(iv) ND reserves the right to charge for any modification to the software or for amendments to the System Specification
(i) The Customer accepts that ND does not represent or warrant that the product supplied will be fit for any purpose or meet the specifications and requirements of the customer's business. Whilst every effort shall be made by ND to guide the Customer to select or specify the most suitable product, the Customer assumes full responsibility for the choice and adequacy of the product. In the case of computers, the Customer shall agree to be responsible for the supervision, management and control of the computer system, including but not limited to:
Ensuring proper machine configuration, operating methods, program installation and audit controls.
Establishing adequate back-up plans based on alternative procedures.
Implementing sufficient procedures and check points to satisfy the Customers requirements for security and adequacy of input and output as well as restart and recovery in the event of malfunction.
(ii) The price quoted for the product does not allow for time spent on testing, user training, additional documentation, modifying maintaining or implementing the product and travelling to the Customers premises, unless otherwise agreed in writing.
(iii) No guarantees shall apply in cases where goods or samples are supplied free of charge.
(a) Quotations represent no obligation until ND receives and accepts the Customers order which must be in writing, containing specifications where appropriate, including sufficient information to enable ND to proceed.
(b)No modifications, variation or cancellation of the contract is permitted without the written consent of ND.
(c) In the event of a request to postpone delivery, ND reserves the right to invoice the customer on the requested date of delivery in accordance with ND payment terms and to arrange and charge for storage and insurance of the goods.
(a)For all new customers, ND will either require Cash with Order or Cash On delivery. Credit account applications will be considered for further supplies and services.
(b) Unless otherwise stated, all credit invoices shall be settled within 3O Days from the date of invoice.
(c) ND reserves the right to suspend deliveries or services where payment is not received in accordance with these terms.
(d) No cash or settlement will be allowed.
(e) Payment will be made in accordance with these terms by the customer for each consignment of goods delivered (whether the goods delivered (whether the goods delivered are the whole or only part of the goods ordered).
(f) Failure to make payment on the due dates in accordance with this clause will result in an entitlement to charge interest at the rate of 5% per annum above the Bank of England Minimum Lending Rate on the daily balance outstanding from the due date until payment is made.
(g)Unless otherwise agreed, in the case of sole proprietorships, partnerships or private limited companies, the owners, principals or directors of the business will provide personal guarantees to ensure that all overdue debts are recovered.
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Support
Integrated
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Training
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