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| STANDARD TERMS AND CONDITIONS OF SALE |
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This document contains the standard terms and conditions which apply to the purchase of all Packard Bell Products or Services as specified on the relevant Invoice. All sales of Products and Services made by Packard Bell are subject to these terms and conditions. No variation of them or any terms supplied with any order form or other document provided by you will be binding on Packard Bell, unless confirmed in writing by a Director of Packard Bell.
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Details about obtaining service from Packard Bell are contained in the Service and Warranty document that accompanies your Product or Service and which is also available upon request.
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"Packard Bell" or "we" or "us" means Packard Bell Ltd, NEC House, Waltham Road, White Waltham, Maidenhead, Berkshire, SL6 3 HY, UK, its subcontractors, agents and licensors as the case may be.
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"Customer" or "you" or "your" means the person or legal entity to whom Packard Bell supplies Products or Services as named on the relevant Invoice.
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"Invoice" means the document sent by Packard Bell to you setting out details of the Price of the Products or Services and containing, recording or evidencing contractual terms relating to the supply of Products and Services.
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"Price" means the charge for the Products and/or Services.
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"Product" means the Products with the Packard Bell brand (for example computers, notebooks, screens and accessories).
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"Services" means the Services to be performed by Packard Bell pursuant to the warranty for those standard and optional Service packages selected by you, as shown on the Invoice.
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"Third Party Product(s)" means all Products that are not the original Product (including monitor), and Programs (see section 11).
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"Warranty Period" means the period in which the Product is covered by a warranty following the date of purchase.
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"Warranted Product(s)" means desktops, servers, notebooks, monitors, accessory and expendable Products supplied by Packard Bell in the British Isles and Republic of Ireland, which are branded as PB Products and which are covered by the Warranty as specified on the Invoice, and such additions or changes thereto as may from time to time be agreed in writing between you and Packard Bell.
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Products are covered by a warranty of 1 (one) year following the date of purchase with the exception of memory modules which have a 2 (two) year warranty period and the batteries which have a 6 (six) months warranty period. This warranty is only valid in the country of purchase and is limited to the repair or replacement by a functionally equivalent product, new or refurbished, at Packard Bell"s sole discretion.
In the unlikely event of a Product incident (malfunction), please consult your product information and if possible perform the technical investigation set out in section XX Diagnosis & Repair.
Warranty Service is not available if:
- Original identification marks have been altered or removed
- Use or installation of the Product is not in compliance with the documentation delivered with the Product.
- Defects are caused by a (programming) virus.
- The Product has been subjected to (accidental) misuse, abuse or neglect. This includes a failure of or defect in electrical power, external electrical circuitry, unusual physical or electrical stress, air conditioning and weather (heat, cold, humidity) influences.
- Anyone not authorized by Packard Bell has modified, repaired or serviced the Product.
Unless mandatory provisions of the applicable law prescribe otherwise:
- Packard Bell is not liable for any loss, damage or costs whatsoever, whether direct or indirect, consequential or incidental including, but not limited to, loss of profits, loss of data, caused by the Product or the Warranty Service.
- Any liability is limited to the purchase price of the Product.
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You can place an order in writing, by telephone, fax or through the internet or by any other means provided for by Packard Bell. Confirmation of the order will be sent to the Customer by e-mail. Confirmation of the order by Packard Bell concludes the contract between Packard Bell and you. By placing an order you accept these terms and conditions.
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In certain cases, on the request of our partner FIANET, it may be conditional for acceptation of the order, for Packard Bell to request proof of identification of the paying party. In this case the Customer will receive a request from Packard Bell to provide by fax or e-mail copies of the following documents:
- A copy of both sides of the Customers" driver"s license or other suitable proof of identity.
- - A copy of a suitable proof of address document, e.g. a recent utility bill.
These documents will need to be faxed to: 00 33 2 41 36 50 83 or sent to the following e-mail address: pbcare.orderhandling@packardbell.com
The Packard Bell order reference number should also be quoted in the accompanying e-mail or fax. If Packard Bell receives no response to a request for the above documentation within 5 (five) days, the order will automatically be cancelled.
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The Price of Products and Services shall be the Packard Bell quoted Price or, where no Price has been quoted (or the quoted Price is no longer valid), the Price published in the Packard Bell Price list, catalogue, advertisement, web site or any other means current at the time of your order and in any event as per the accepted order, the Price of which will be shown on the Invoice. Prices and configurations are subject to change without prior notice. All Prices quoted are only valid for a period of 28 days from the date of quotation.
The Prices stated, unless expressly indicated otherwise, include value added tax or any other existing or future taxes, fees, duties, or levies applicable to the sale of the Product.. If any such additional amounts are required to be withheld, collected or paid, then Packard Bell will be entitled to add them to the Price. Unless expressly indicated otherwise, prices do not include delivery costs, insurance or other expenses that are your responsibility under those terms and conditions.
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Unless agreed otherwise with Packard Bell payment is required prior to delivery of the Product or performance of the Services i.e. payment within 30 days of the Invoice date. If payment terms are not fulfilled your order will not be scheduled for production by Packard Bell. Delay in arranging payment can delay the delivery date. Packard Bell may at its absolute discretion decline to accept orders or to offer credit terms.
When appropriate, Packard Bell may charge interest at 2% per annum above Royal Bank of Scotland plc base rate on any payment not received by the due date, as identified on your invoice and/or quotation and/or order documents until such sum is received both before and after judgment.
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Unless expressly agreed otherwise, Packard Bell will use its preferred carrier, who will deliver the Product to the address designated by you within the British Isles. Delivery charges will be as specified on the Invoice and payable by you. To improve service and avoid delivery delays, our transport company requires that your telephone number appear on the address label fixed to the outside of the parcel.All delivery dates are approximate. We will use all reasonable efforts to have the Product arrive at the designated address, although we will not be liable to you for extended lead time. Manufacturing requirements may cause Products to be delivered by instalments.
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You are obliged to inspect the Product upon delivery. Any damages to the Product have to be reported in writing as soon as possible to Packard Bell. Claims for non-delivery of Product must be notified to Packard Bell within 7 days of the Invoice date.
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If you, for whatever reason, are not satisfied with the Product delivered to you, you have the right to cancel the contract within 7 working days of delivery. You must take reasonable care of the Product and return it at your own cost to.
The exact details of the return policy are specified in clause 12 - RETURN PROCEDURE
Prior to delivery you have the right to cancel the contract or change the order. Packard Bell reserves the right to apply an administrative cost of £ 50.00 inc. VAT, if you cancel the contract or change your order up to the point of delivery along with the cost of delivering the Product to you. Such costs will have been intimidated to you at the time of placing your order. Any changes to the order will be treated as a cancellation of the existing order and the charges set out for cancellation in this Clause 9 shall apply. In addition in those circumstances where you change your order we reserve the right to charge for any additional reasonable costs incurred by us at your discretion. You will receive a confirmation of the changed order and a new approximate delivery date.
When the components for the Products ordered by you are not available, Packard Bell reserves the right to substitute these components by components of equivalent quality and Price. Packard Bell will meet the costs of returning a Product to Packard Bell in the event of cancellation by you because of such substitutes.
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In the unlikely event of a Product incident (malfunction), Packard Bell recommends that you perform a technical investigation using the Support section of the Packard Bell website.
Before the technical investigation can begin, you will be asked to identify your Product. Once this has been completed you can access one of three sections: Product Information, Downloads and Diagnosis & Repair. Choose Diagnosis & Repair to start a technical investigation and answer as many questions as possible to allow the tool to provide you with best possible solution(s). Follow the suggestions provided by Diagnosis & Repair.
Should the problem continue to persist, follow the instructions provided in your Warranty & Service Guide to contact the Packard Bell Customer Contact Center.
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Legal Retraction Period
By law, customers in the European Union have the right to withdraw the purchase of a Product within seven business days from the date upon which the Product is delivered or for Services on the day the contract is concluded. Once this timeframe expires, the Customer no longer has any retraction rights.
Unless explicitly agreed, you may not exercise the right of withdrawal in respect of contracts:
- for the provision of services, if the performance has begun with your agreement before the end of the 7 working day period referred to above;
- - for the supply of audio or video recordings or computer software which were opened by you i.e. shrinkwrap license.
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Applicability: This return procedure is only applicable if you are exercising your right of withdrawal or if you want to return your Product for another reason (e.g. the Product is defective upon delivery) within the withdrawal period specified in clause 11: RETURN POLICY: LEGAL RETRACTION PERIOD.
Customer Service
Before returning the Product the Customer must contact Packard Bell to obtain a return
number and return instructions. Use one of the following two methods:
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Packard Bell Customer Contact Center:
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08705 133 332
Mon to Fri: 09:00 - 20:00
Sat: 09:00 - 13:00
National Call Rate
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Packard Bell Web Site: http://store.packardbell.com/go/return/uk/
Return Number
Dependent on the manner in which the Customer contacts Packard Bell, the procedure is as
follows:
Customer Contact Center
Before the Customer Contact Representative can assign a return (RMA) number, the
Customer will need to provide information relating to the original order and the reason for
return. Once a return number has been assigned the Customer will be provided with return
instructions.
Internet
Access the following link and complete the Product Return Request: http://store.packardbell.com/go/return/uk/
Correct completion will generate an e-mail to Packard Bell. The next business day the
Customer can expect to receive an e-mail which communicates the assigned return number
and the return instructions.
To ensure quick and efficient processing of the return, the return number MUST be clearly
written underneath the return address on the outside of package.
Refund
If Packard Bell receives a refund request within the 7-day retraction period that meets all the
criteria stated above, Packard Bell will refund the amount which was paid for the Product
within 30 days of receipt of the returned Product.
For all additional questions, the Customer should contact the Packard Bell Customer Contact
Center.
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Within the 7-day timeframe set out above the Customer must take all reasonable care of the Product. Packard Bell reserves the right to (partially) refuse a refund or an exchange of returned Products when these are returned damaged or incomplete.
Packaging
The Product must be returned in its original packaging, using normal surface mail and
sufficient postage. The returned Product will only be accepted if it is received in perfect
physical and technical condition.
Software Packaging
Software sold separately from a Product can only be returned if it is returned with the original
packaging unopened (with any seals and shrink wrap intact).
Motivation
To ensure the prompt handling and processing of a return, the Customer should provide a
brief explanation as to why the Product is being returned.
The Customer must also specify if an exchange or refund is required.
Address
To be certain that Packard Bell can process and accept the return, the Customer must contact
Packard Bell) and follow the instructions provided.
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Once the official retraction period has expired, Packard Bell will provide the service and
support to which the Customer is entitled throughout the warranty period of the Product.
The Product warranty terms and warranty conditions can be found on the Packard Bell Online
Store: http://store.packardbell.com/Store/ASUK/information
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Title to Product passes to you when full payment (including any interest or other costs you owe) is made. We shall be entitled at any time before title passes (without any liability) to terminate your right to use or sell Products. You will not resell the Product and will not permit third parties to take any security in the Product until complete payment of the amounts due to Packard Bell has been made. If the Product is attached by third parties or if other enforcement measures are taken, you will inform such third parties of Packard Bell' retention of title and will immediately inform Packard Bell of such enforcement measures.
You will take reasonable care of the Product and will retain possession of the Product until the Product is sent back to Packard Bell or is collected by Packard Bell.
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To the extent permitted by law:
Packard Bell accepts no liability of whatever nature arising as a result of any representations, breach of contract, negligence or otherwise including but not limited to any liability for indirect or consequential loss, loss or corruption of data, or loss of profits, revenue, business or goodwill, even if we have been advised of the possibility of such loss or damage.
Any liability of Packard Bell is expressly limited to the Price of the Product. Your sole remedy against Packard Bell will be to seek recovery of the foregoing amount upon the payment of which Packard Bell will be released from and discharged of all further obligations and liability to you.
Neither party shall be liable for any delay in performance caused by circumstances beyond its reasonable control and the party in delay shall be entitled to a reasonable extension of time for performance. The statutory rights of a Customer dealing with Packard Bell as a Consumer as defined in the Unfair Contract Terms Act 1977 remain unaffected.
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Services are provided in accordance with the relevant provisions contained in the Warranty, and in particular with regard to the standard (inclusive) warranty and any optional warranty upgrades referred to on the Invoice.
Packard Bell will use reasonable endeavours to meet quoted response times. You agree that Packard Bell shall not be liable for any direct, indirect or consequential losses occurring as a result of Packard Bell's failure to meet quoted response times, except as set out in these terms and conditions.
You may purchase extended Service coverage in accordance with the current Packard Bell policy.
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You acknowledge that the Product may include Packard Bell or Third party software Products. The use of these Programs is often limited to the Product. You agree that by turning the system on you have accepted the terms and conditions of these Programs.
Many Products are custom engineered to Packard Bell' specifications, and accordingly software and hardware may vary in terms of functionality, performance, or compatibility from retail versions.
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If any of the provisions of these Terms shall be judged to be illegal or unenforceable the continuation in full force and effect of the remainder of them shall not be prejudiced. No forbearance or delay by either party in enforcing its respective rights will prejudice or restrict the rights of that party and no waiver of such rights or of any breach of any contractual terms will be deemed to be a waiver of any other rights ongoing or any later breach.
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These terms and conditions shall be governed by and construed in accordance with the laws of England and shall be subject to the non-exclusive jurisdiction of the English Courts. The United Nations Convention on the Sale of International Goods will not apply to these terms and conditions in any respect.
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