Please note: When dealing with SunriseTechnologies.co.uk Ltd, trading as Sunrise Technologies Ltd (“the Company”) all orders are also subject to the Terms and Conditions of Sunrise Technologies Software Limited trading as Computer Systems International as stipulated below.
The Company will only supply goods according to these Terms and Conditions. Employees of the Company are not authorised to alter them under any circumstances.
Payment Terms If you would like to open a credit account with the Company please note that the Company can only consider credit terms on receipt of a completed credit account application form. If the Company does grant you credit you must adhere to the Company’s terms in this respect, which are payment strictly within 30 days from the date of the Company’s invoice*.
If you are not granted credit payment is due strictly within 30 days from the date of the Company’s invoice. Overdue accounts will be charged 8% above the national base rate**
Failure to pay an invoice by the due date may result in the suspension or closure of your account and, where credit was provided, a failure to pay will be reported to a credit reporting agency which may result in legal action.
* The Company’s terms supersede any terms stated on orders received.
** Upon approval of terms and establishment of an account all orders must be made in writing either by email or fax.
Ownership of Goods & Services All goods remain the legal property of the Company until they have been paid for in full. You become responsible for all goods from the point of delivery to you.
Pricing, VAT, and delivery costs While we endeavour to maintain up to date pricing and product information, the specifications or prices of products may be subject to change without notice and errors and omissions excepted. All prices are quoted ex-Vat and delivery costs and Vat will be chargeable on both goods and delivery costs.
Claims If you have not received goods you must inform the Company in writing within 7 days of the invoice date for those goods. Any shortage or damage to goods received must be notified to the Company by telephone immediately and in writing within 3 working days of receipt of goods. The Company will have no liability in respect of any claims made after the said deadlines.
Refunds, cancelled orders and defective goods Under no circumstances will the Company issue a credit note or refund monies for any opened software package or electronically delivered software. By breaking the seal on any software package received or receiving an electronically delivered product you accept the licence offered between the software developer and an end user. The Company do not guarantee that any item is suitable for any purpose, and recommend that when available the demonstration version(s) of and product(s) you plan to purchase be tested by you for your particular application.
The Company is not obliged to accept cancellation of orders or to give refunds for items which have been ordered and are no longer required. In the event the Company does agree to do so, the Company reserves the right to apply a restocking fee of 15% of the cost of the cancelled order, plus shipping costs to and from yourselves. Under no circumstances will refunds be given for items that have been opened or which have not been returned within 7 days.
In the event of any product being defective and requiring a repair or replacement a returns authorisation number must be obtained from the Company and the number clearly marked on the outside of return packaging. Goods returned to the Company without proper authorisation or which have been damaged in transit will not be accepted by the Company and the Company shall have no liability in this respect.
Limitation of Liability Nothing in these terms and conditions shall exclude or limit the liability of the Company for death or personal injury caused by its negligence or for fraudulent misrepresentation.
The Company shall not in any circumstances be liable for loss of profits or revenue, loss of business or contracts, loss of anticipated savings, losses arising from loss of data and any other consequential losses or any losses which arise other than directly and naturally from a breach of contract.
Subject to the above the total aggregate liability of the Company arising out of or in connection with this contract whether for negligence or breach of contract or any case whatsoever shall in no event exceed £10,000. You acknowledge that the Company has developed its pricing on the basis of this liability limit and that any increase in this liability limit would result in an increase in the prices charged by the Company and will be subject to the reimbursement by you of the Company’s additional insurance costs
Where the Company carries out a service on your equipment or software (be it operating system, application software, data or other item) and/or the Company is carrying out a service on equipment which is connected to other equipment and/or which forms part of a larger network or other system, the Company does so as your agent and at your sole risk. The Company reserves the right to subcontract or assign the whole or any part of service work.
General These terms and conditions of sale shall be governed by English Law.
The Company reserves the right to waive the application of any part of these terms without waiving its rights under any of the remaining terms. Any deviation from or modification to these terms and conditions must be made in writing and signed by a director of the Company.
If any provision of these terms and conditions is ruled to be invalid for any reason, that invalidity will not affect the rest of these terms and conditions which will remain valid and enforceable in all respects.
The Company shall not be liable nor be deemed to be in breach of these terms and conditions by reason of any delay in performing or any failure to perform any of its obligations in relation to the products or service if the delay is beyond the Company’s reasonable control, including, without limitation, an Act of God, fire, flood, lightning, war, revolution, riot, strike or lockout.
Except as expressly provided in this Agreement, a person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement provided this does not affect any right or remedy of the third party which exists or is available apart from that Act.