Terms & Conditions

WILDFIRE INFORMATION SYSTEMS LTD.

 

General Conditions

 

WILDFIRE INFORMATION SYSTEMS LIMITED GENERAL CONDITIONS

Any proposal is submitted on the understanding that its use will be confined to the relevant people and that no part of the contents shall be submitted or disclosed to a third party without the prior written consent of Wildfire Information Systems Ltd., whose property it remains.

 

Successful application, operation and management of I.T. products and services are the responsibility of the user.

 

Examples of these responsibilities are:

• confirming the validity of the proposed equipment and services
• developing appropriate systems procedures
• incorporating procedures to safeguard data from unauthorised or accidental modification, destruction, or disclosure
• incorporating in the design, sufficient checkpoints, balances and controls necessary to satisfy accuracy, restart and audit requirements
• establishing adequate contingency plans
• preparing documentation and providing qualified personnel to obtain the desired results.

 

The scale of our charges and related expenses for our supplies, or services is provided on the understanding that it will remain valid for sixty days from the date of submission unless specifically stated otherwise.

 

Except as stated otherwise in the proposal, all charges are invoiced weekly and are payable together with Value Added Tax on presentation of invoice.

 

Ownership of goods and the right to use software only passes to the Customer when the Company has received payment in full in cash or cleared funds for those goods or software and any other goods supplied by the Company to the Customer for which payment is then due.

 All surveys, forecasts and recommendations in any proposal, report or letter are made in good faith and on the basis of information before us at the time. Their achievement must depend among other things on the effective co-operation of the Client and the Client's staff. In consequence, no statement in any proposal, report or letter is to be deemed to be in any circumstances a representation, undertaking, warranty or contractual condition.

We shall not be liable to the Client for any losses which are not reasonably foreseeable on acceptance of the proposal or for any indirect or consequential losses including loss of revenue, anticipated profits and claims by third parties.

All our consultants and staff are under special contract which protects the client against the divulging of confidential information. Our consultants and staff are also under agreement not to seek or accept employment with the Client, and it is a condition of the engagement of our Company that neither the Client nor any firm or Company associated with the Client will offer employment to any of our consultants or employees concerned in this assignment.  In the event that a Client should employ a member of our staff either currently employed, or within a period of 2 years of termination, either on a permanent, temporary, or contract basis, the Client agrees to pay 50% of the final annualised salary, plus our costs of recruiting a suitable replacement member of staff.

 

 

WILDFIRE INFORMATION SYSTEMS LTD.

Terms of Business (Sale of goods and services)
1. General

1.1. The Company only does business with Customers under these Conditions of Sale. No variations of these Conditions of Sale will be binding on the Company unless agreed in writing by the Company and signed by a representative of the Company authorised for that purpose.
1.2. No contract is made with Customer until the goods have been despatched by the Company and a despatch note issued to the Customer.
1.3. All Customer purchase orders must be submitted or confirmed in writing. The Company is not obliged to accept any purchase order.
1.4. The Customer must decide before ordering if the goods are suitable for the Customer's needs.

2. PRICE
2.1. Any price stated by the Company in any catalogue, website, sales literature, proposals, price lists or other documentation is valid for 60 days.
2.2. The price for any goods stated by the Company is exclusive of any applicable VAT and carriage, postage and packaging and any other duties taxes applicable.

3. PAYMENT
3.1. All goods purchased must be paid for in full by the Customer within thirty days of the date of the Company's invoice.
3.2. Under the Late Payment of Commercial Debts Regulations 2002, the Company can exercise its statutory right to charge interest and an administration charge on all invoices overdue. This will be at a rateof 4% above the HSBC Base Rate, on a daily basis, for all sums outstanding, plus an administration fee of £30.00.
3.3. Non-account customers are required to pay the Company in full in advance for any goods ordered by debit card or credit card . The goods will be despatched to the Customer when the payment has been authorised.

4. CREDIT
4.1. The Company may at its discretion offer the Customer credit, subject to the Company being satisfied as to the Customer's credit worthiness. The Customer acknowledges that the Company may carry out status enquiry checks on the Customer.
4.2. Credit facilities may be withdrawn at any time at the Company's discretion.

5. DELIVERY
5.1. The Customer is liable for any costs incurred by the Company in relation to carriage, postage and packing and any other applicable duties, taxes and charges.
5.2. Standard delivery is to suitable ground floor reception or stores areas. The Customer must notify the Company in advance if there are any special delivery requirements - there will be an additional charge.
5.3. The Company will use its reasonable endeavours to deliver the goods to the Customer's premises by the delivery date estimated by the Company. The delivery date is not guaranteed nor is it of the essence of the Contract. In no circumstances will the Company be liable to the Customer for any losses, damages or charges incurred by the Customer due to the late delivery of the goods.
5.4. The Customer must inspect the goods immediately upon delivery and in all cases must inform the Company in writing within 5 (five) days of delivery of any damage, shortages or non-delivery of the goods.
5.5. Where the goods are being purchased by a business for use in the business and are to be delivered in instalments each delivery will constitute a separate contract.
5.6. If the Customer fails to take delivery of the goods or fails to give the Company adequate delivery instructions, the Company may store the goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage or sell the goods at the best price readily obtainable and charge the Customer for any shortfall.

6. RISK
6.1. Risk of damage to or loss of the goods will pass to the Customer on prior arranged collection or on delivery to the Customer's premises.

7. OWNERSHIP
7.1. Ownership of goods and the right to use any supplied software, only passes to the Customer when the Company has received payment in full in cash or cleared funds for those goods, services and software, and any other goods services and software supplied by the Company to the Customer for which payment is then due.
7.2. Until such time as ownership of the goods passes to the Customer the Customer must keep the goods separate from the Customer's goods and those of any third parties and properly stored, protected and insured and identified as the Company's property. The Company will also be entitled to require the Customer to deliver up the goods to the Company. If the Customer fails to do so, the Customer must permit the Company its agents or representatives to enter its premises or any premises of any third party where the goods are stored and repossess them.

7.3. All Intellectual Property Rights (including, without limitation, all database rights, rights in designs, rights in know-how, patents and rights in inventions (in all cases whether registered or unregistered and including all rights to apply for registration) and all other intellectual or industrial property rights in any jurisdiction) in any information, content, materials, data or processes created by the Company belong to the Company or its licensed source. All rights of the Company in such Intellectual Property Rights are hereby reserved, except with the written agreement of an authorised representative of the Company.

7.4 Software created by the Company, is provided to the Customer for use strictly within the Licence Terms of the Company.    

8. CANCELLATION
8.1. No purchase order can be cancelled by the Customer, except with the written agreement of a representative of the Company authorised for that purpose.

9. RETURNS
9.1. Goods are not sold on a trial basis. Where goods are not faulty but the Customer wishes to return them, the goods can only be returned to the Company if fully re-saleable and subject to a restocking charge. The restocking charge will be 15% of the purchase price of the goods or £20, whichever is the greater. This charge includes the Company's reasonable costs of carriage, postage, and packaging.
9.2. A Returns Authorisation Number must be obtained by the Customer from the Customer Service department before any goods can be returned. The Company will not accept goods returned without a Returns Authorisation Number.
9.3. The Customer must attach a return address label (found on the reverse of the despatch note) to the outer brown cardboard box and the Company will arrange for it to be collected.
9.4. The goods must be returned with the manufacturer's original packaging not damaged or defaced. The goods must be returned in their entirety including all disks, manuals and cables.
9.5. The return of faulty goods is subject strictly to individual manufacturers' "Dead On Arrival" (DOA) policies. Details of these can be obtained by the Customer by contacting the Company's Customer Service department.
9.6. Where a Customer notifies the Company of a defect in the goods within the time provided for in the applicable manufacturer's DOA policy, and that defect is subsequently verified by the Company's technical inspectors, the Company will replace the Goods or refund the monies paid by the Customer for the goods.
9.7. The goods will be tested upon receipt. If no fault is found the goods will be returned to the Customer. If a fault is found and the applicable manufacturer's DOA period is exceeded, then the Goods will be repaired under the terms of the manufacturer's warranty.
9.8. Where it is established that goods are faulty or defective in line with the individual manufacturer's warranty, most warranty repairs will be carried out on a return-to-Company basis. Some manufacturers have a day one back to base policy. All parts and labour charges will be waived. In some instances the manufacturer's warranty requires the Customer to contact the repair agent directly. If this is the case, the Customer will be informed by the Company's Customer Service department. If the original packaging is not available, a stout carton must be used with high density foam providing at least 150mm clearance surrounding the entire product so as to ensure safe transit and ease of identification.
9.9. The Company will not accept the return of an opened software package unless it is faulty. By breaking the seal, the Customer accepts the licence between the Customer and the software manufacturer. Software licences cannot be exchanged, returned or refunded.
9.10. Goods can only be returned to the Company using a carrier approved by the Company. Where the Customer uses an unapproved carrier the Customer will be liable for all costs, losses, damages or other charges incurred by the Company in relation to such use.
9.11. Risk in any goods that the Customer is returning to the Company remains with the Customer until the goods have been collected by the Company's approved carrier.
9.12. Before returning any goods to the Company it is the Customer's responsibility to back up or save any data. The Company accepts no liability for the loss of any data.

10. WARRANTIES AND LIABILITY
10.1. Where goods are covered by a manufacturer's warranty, the Customer will be responsible for contacting and returning any registration or warranty cards to the relevant manufacturer.
10.2. The Company is not responsible for any acts of the manufacturer or its agents including (without limitation) any failure by the manufacturer to replace or repair any of the goods which are the subject of the manufacturer's warranty.
10.3. All warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law, except where goods are sold to a person dealing as a consumer as defined in the Unfair Contract Terms Act 1977.
10.4. Please note that where goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976 the statutory rights of the Customer are not affected by these Conditions.
10.5. The Company will not be liable to the Customer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any statutory or common law obligation, except in respect of death or personal injury caused by the Company's negligence
10.6. The Company will not be liable or for any indirect, special or consequential losses or damages (whether for loss of profit or otherwise) costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees, agents or otherwise) which arise out of or in connection with the supply of the goods or their use or resale by the Customer.

10.7 Where our services include the design, construction, or deployment of online, or printed content, the client must ensure that any fees, or royalties are paid in respect to any third party intellecual property, images, or content used therein. The Company will not be responsible for claims in regard to usage fees, royalties, or penalties for infringement of Intellectual Property rights.

11. FORCE MAJEURE
11.1. The Company will not be liable to the Customer by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the Goods, where the delay or failure was due to any cause beyond the Company's reasonable control.

12. INSOLVENCY OF CUSTOMER
12.1. If the Customer is insolvent or the Company reasonably understands that the Customer is about to become insolvent, the Company will be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer. If the goods have been delivered and not paid for the price of the goods will become due and payable immediately despite any previous agreement or arrangements to the contrary.

13. EXPORT OR IMPORT LICENCES
13.1. The Customer will be responsible for obtaining all licences for the export or import of the goods and any other licences required for the delivery of the goods to a destination outside the United Kingdom.