General Terms
Cymar Computer Limited (“the Company") provides its services, goods, advice, and goodwill to customers (“the Customer") under these terms and conditions. These terms override all other conditions, warranties, and representations, whether express or implied, except for those related to title. Any additions or changes will only apply if both parties agree to them in writing.
Order Management
The Company reserves the right to cancel any unfulfilled order or suspend delivery by notifying the Customer in writing. This action may occur if the Customer breaches these terms and fails to resolve the issue within 28 days. Importantly, such cancellation does not limit the Company’s ability to seek additional remedies.
If the Customer chooses to cancel an order, they must compensate the Company for any resulting losses.
Pricing
Although we strive to provide accurate pricing, we cannot accept responsibility for errors or omissions. Prices may change without prior notice and exclude VAT, carriage, and insurance. Additionally, changes in currency fluctuations, EC levy charges, E & OE, or legal requirements may affect pricing.
Payment Terms
Customers must make all payments in full without deductions, set-offs, or counterclaims. If credit terms apply, the Customer must pay within 30 days of the goods’ dispatch date. Late payments will incur interest at a rate of 3% per month.
The Company may assign unpaid debts to third parties without notifying the Customer. If the Customer has any invoice disputes, they must notify the Company in writing within 14 days of the invoice date. Otherwise, the invoice will be deemed accepted.
Delivery and Dispatch
We provide delivery and installation dates as estimates based on good faith. However, we do not accept liability for delays caused by suppliers, vendors, or carriers.
If delivery or installation is delayed due to unforeseen circumstances or at the Customer’s request, we may adjust the price to reflect additional costs. Alternatively, we may require the Customer to take responsibility for storing, protecting, and insuring the goods.
Carriage, Risk, and Title
Responsibility for the goods transfers to the Customer upon delivery to the specified destination. The Customer must insure the goods for their full replacement value until title passes.
To address any transit damage, the Customer must document the issue upon receipt and notify both the carrier and the Company within two days. If goods are not received within six days of the invoice date, the Customer must immediately inform both the carrier and the Company.
Until the Customer pays in full, they must hold the goods as bailee and retain any markings indicating the Company’s ownership. If payment is overdue or the Customer’s solvency comes into question, the Company may reclaim or resell the goods, and all payments will become due immediately.
Warranties and Liability
We warrant that our goods are fit for their intended purpose, as specified in writing, and conform to the manufacturer’s description. However, this warranty will not apply if the Customer modifies or misuses the goods or designs them incorrectly.
To claim under this warranty, the Customer must:
- Fully pay all due amounts,
- Notify the Company of defects in writing within one week of discovery,
- Stop using defective goods, and
- Return the goods carriage paid.
The Company’s liability will not exceed the purchase price of the goods.
Specifications and Samples
Illustrations, drawings, and other descriptive materials are provided for general information only. They do not form part of the goods’ specification. Furthermore, the Company may make reasonable modifications without prior notice, and the Customer may not reject goods based on these changes.
Force Majeure
The Company will not be liable for non-performance caused by circumstances beyond its control. These may include acts of God, war, government regulations, terrorism, strikes, illness, natural disasters, or similar events.
Assignment
Neither party may transfer the contract or its rights without first obtaining written consent from the other. Any attempted transfer without such consent shall be null and void.
Severability
If any condition is deemed unenforceable, it will be excluded. However, the remaining conditions will remain valid and enforceable. Such exclusion shall not affect the validity or enforceability of the remaining conditions.
Waiver
If the Company delays or omits enforcing any rights or remedies, this does not mean it waives those rights under the contract. Any waiver must be in writing and signed by an authorized representative of the Company.
Data Protection
The Company will handle all data in strict confidence and comply with applicable data protection laws. Customers may request exclusion from direct marketing efforts.
Service Agreements
Services provided under a service agreement are subject to the terms and conditions outlined in that agreement. Any changes or modifications to the services must be agreed upon in writing by both parties.
Onsite Installation and Consultancy
Customers are responsible for:
- Backing up valuable data, as the Company is not liable for losses caused by Customer actions or the Company’s advice,
- Preventing damage by ensuring proper hardware installation or configuration,
- Verifying software and hardware compatibility with third-party systems.
The Company will not install unlicensed software. Site visits require a minimum charge of two hours, and additional time will be charged at the agreed hourly rate.
Speaker and Training Services
The Company will provide professional speaker and training services under agreed terms. Customers must:
- Pay speaker fees within 30 days of the invoice date,
- Cover travel and reasonable accommodation costs,
- Obtain consent before recording or distributing presentation content.
Both parties agree to keep sensitive information shared during engagements confidential.
Jurisdiction
This contract is governed by English law, and disputes will fall under the exclusive jurisdiction of the English courts.