These Terms and Conditions are effective from 01.10.2002 until further notice.
Definitions
You, the Customer a person or company buying Products and or Services from us.
Consumer a private person buying Products for private use.
adesiyan.com (us, our) the Service Provider or as identified on your invoice.
Order Confirmation formal acknowledgement of Product ordered by you, sent by adesiyan.com.
Price stated in Order Confirmation or verbally agreed with you, the customer.
Product as described in Order Confirmation, may include adesiyan.com-branded products, 3rd Party Products and Service Offerings.
Service Offering as described in Order Confirmation and adesiyan.com Service description document.
Service Provider adesiyan.com or its authorised Service experts.
3rd Party Products all goods that are not adesiyan.com-branded Products.
Software computer operating systems, middleware or applications.
Service means general service and support carried out by adesiyan.com or Service Provider in accordance with the Service Offering.
Application
This Agreement applies to this sale, Service and all statements made by adesiyan.com in brochures, price lists, adverts, quotations, on the internet or verbally. Any variations to this Agreement must be confirmed by adesiyan.com in writing. Any other Terms and Conditions are excluded. Placing your order means acceptance of this Agreement.
Quotations/Orders/Contract
Quotations are only valid in writing and during the period that they state. If unstated, the period is 7 days (incl. 3rd Party Products). Orders may be received by writing, internet, telephone or fax but are only binding when accepted by adesiyan.com in a written Order Confirmation. Please check the Order Confirmation and notify adesiyan.com of any mistake in writing immediately or the details stated in the Order Confirmation will apply to this Agreement.
Price & Payment Terms
Products and Service Offering prices, vat, and installation are as shown on your invoice. Changes to purchase costs (incl. for components and Services) may cause adesiyan.com to adjust prices accordingly. Payment will be made before supply or Service or, if agreed, within 7 days of the invoice date without further notice from adesiyan.com. On no occasion shall Payments on Invoice be 3 months late. Such late payments shall automatically result in the termination of any services provided to you by adesiyan.com. Payment timing is of the essence.
adesiyan.com may suspend deliveries or Service until full payment for that order. If payment is late, and you purchase as a company, the maximum statutory interest rate will apply on the late amount and if you purchase as a Consumer, interest will be at 6% above the minimum lending rate on the late amount. In either case, the costs of recovery shall be payable by you. Cheques may only be accepted conditionally and upon prior arrangement.
Warranty
Unless otherwise stated, adesiyan.com guarantees to you that adesiyan.com-branded Products will be free from defects for 3 months from delivery and spare parts for 60 days from installation or delivery date, whichever is the earlier. Should Product be defective within this period, adesiyan.com will repair or replace Product within a reasonable time. All reasonable care and endeavour shall be used to resolve problems within a realistic period in the circumstances. adesiyan.com does not manufacture or repair computer components. adesiyan.com does not give a warranty guarantee protection for:
1. damage caused by incorrect installation, use, modifications or repair by any unauthorised 3rd party or yourself;
2. damage caused by any party (except adesiyan.com) or other external force;
3. fitness for any particular purpose;
4. 3rd Party Products and Software specified by you. You will receive the warranty or licence for these products directly from their manufacturer or licensor;
5. any instruction given by you and correctly performed by adesiyan.com.
Services
will be provided by adesiyan.com or Service Provider. Response times are estimates and may vary according to the remoteness or accessibility of your location. Service may be provided via telephone or internet where appropriate. You must allow adesiyan.com to examine systems at your or adesiyan.com's premises (at our choosing). adesiyan.com owns any replaced Product or parts resulting from repair and will charge Customer if these are not returned upon request.
Unless stated in Service Offering, the following are excluded from Service: work outside normal working hours, weekends or on public holidays, items excluded from Warranty, changes to configuration, relocation, preventative maintenance, consumables, diskettes, unnecessary work in adesiyan.com's assessment, electrical environment, transfer of data or Software, viruses. 3rd Party Products will be repaired according to manufacturer or licensor warranty. Parts not critical to Product function (e.g.: hinges, doors, cosmetic features, frames) may not be serviced within Service Offering time period.
Liability
adesiyan.com accepts liability for any private property loss or damage, death or personal injury caused by the negligence or deliberate misconduct of adesiyan.com, Service Provider or our employees, agents, subcontractors.
adesiyan.com does not accept liability for 1) indirect or consequential loss, 2) loss of business profits, salary, revenue, savings, 3) damage remedied by adesiyan.com within reasonable time, 4) loss avoidable by you through reasonable conduct, including backing up all data and following adesiyan.com's reasonable advice generally, 5) all items excluded from the Warranty or by Force Majeure.
Software
not owned by adesiyan.com is supplied subject to licence and warranty of the Software licensor. adesiyan.com encloses the Software licence that you require with the Product where necessary; you must comply with that licence.
Force Majeure
adesiyan.com is not liable for delays in performance (incl. delivery or Service) caused by circumstances beyond its reasonable control and will be entitled to a time extension for performance; examples include excessive traffic, strikes, terrorist acts, war, supplier / transport / production problems, exchange fluctuations, governmental or regulatory action and natural disasters. If this lasts more than 2 months, this Agreement may be terminated by either party without compensation.
Confidentiality
Each party must treat all information received from the other marked "confidential" or reasonably obvious to be confidential as it would treat its own confidential information.
Termination
adesiyan.com may terminate this Agreement with immediate written notice if you: 1) fail to pay on time, 2) breach or adesiyan.com suspects you have breached export control laws. Either party may terminate if the other: 1) commits a material or persistent breach of this Agreement and fails to remedy this within 30 days of written notice from the other; or 2) becomes insolvent or is unable to pay debts as they fall due.
Your obligations as a Customer
You are responsible for:
o your own choice of Product or Service and its suitability for purpose;
o your telephone & postal charges in contacting adesiyan.com, if any;
o any specifications & instructions given by you;
You must provide adesiyan.com with all reasonable courtesy, information, cooperation, facilities and access to enable adesiyan.com to perform duties, failing which adesiyan.com shall not be obliged to perform any Service or assistance. You are responsible for the removal of non adesiyan.com-supplied products during Service, the back up and confidentiality of all data in computers and all of your legal and regulatory requirements. Please note that your calls to adesiyan.com may be monitored for training purposes.
Data Protection
Your data will be held and/or transferred in strict accordance with the applicable data protection laws and adesiyan.com's data protection registration. You may instruct adesiyan.com not to use your data for direct marketing purposes.
Jurisdiction
English law and the exclusive court jurisdiction of the English courts will apply to this Agreement. The Vienna Convention on Contracts for the International Sale of Goods is excluded.
Miscellaneous
If any part of the Agreement is found to be invalid or unenforceable by a court, the rest is unaffected. adesiyan.com may subcontract, assign or transfer its obligations or rights to a competent third party whether in whole or in part. You may not assign or transfer any of your obligations. All notices must be in writing (by hand, email, fax or 1st class post deemed delivered 48 hours after posting) and sent to a legal officer of either party.
Support
Will be given via telephone by a competent engineer, and in the event a problem cannot be resolved after a certain period of time, the engineer will advice on a callout visit with the consent of the client. All call outs attract a fee although reduced for existing customers.
r to cancel your ADSL Service. All Cancellations before the 12 months minimum contract will attract a cancellation fee of £75+vat. If you cancel before activation, a cancellation fee of £35+vat will be charged.
