All orders are accepted and goods supplied by The Company subject to the following express terms and conditions and (so far as permitted by statute) all other conditions, warranties and representations, express or implied and statutory or otherwise, except as to title, are hereby excluded. The Company reserves the right to change these Terms and Conditions at any time.
In the event of any suspension of work through the Customer’s instructions or lack of instructions, the contract price(s) shall be increased to cover any extra expense thereby incurred by The Company. This does not apply to Support Contracts.
Any times quoted for dispatch shall be treated as an estimate only. Whilst every endeavour will be made to meet these estimated times for dispatch The Company shall not be liable for failures to dispatch within the time quoted. Any times quoted for dispatch are to date from the receipt by The Company of a written order to proceed and of all necessary information and drawings to enable the work to be put in hand. In all cases, whether a time for dispatch be quoted or not, the time for dispatch shall be extended by a reasonable period if delay in dispatch is caused by instructions, or lack of instructions, from the Customer or by industrial dispute or by any cause whatsoever beyond the reasonable control of The Company.
MCMS cannot guarantee delivery by the end of the Financial Year should the order be placed within 45 days of the end of the current Financial Year, as defined by HMRC (Her Majesty’s Revenue & Customs). Goods may be delivered after this date.
If The Company does not receive forwarding instructions to enable dispatch of the goods within fourteen days after the date of notification that they are ready for dispatch, the Customer shall take delivery or arrange the storage. If the Customer does not take delivery or arrange for storage, The Company shall be entitled to arrange storage either at its own works or elsewhere on behalf of the Customer and all charges for storage, insurance or for demurrage shall be payable by the Customer.
The Company shall not be responsible for non-performance in whole or in part on its obligations nor under any liability to the Customer in respect thereof if such non-performance is due to act of God, war, insurrection, Government regulations, embargoes, strikes, labour disputes, illness, flood, fire, tempest or any other cause beyond the control of The Company.
Subject to clause 9 above, The Company will not (to the extent permitted by law) be liable for any loss or damage unless caused by the negligent act or default of The Company with a maximum liability of £500,000 per incident or series of connected incidents. The Company shall not in any event be liable for indirect or consequential loss.
If, in The Company’s judgement, the Customer’s financial condition does not justify the terms of payment specified, The Company may cancel any unfulfilled orders unless the Customer shall, upon written notice, immediately pay for any goods delivered or shall pay in advance for all goods ordered but not delivered or both at The Company’s option.
The contract to which this document relates shall be binding upon and inure to the benefit of the successors and assigns of the entire business and goodwill of either The Company or the Customer or of that part of the business and goodwill of either used in the performance of such contract, but shall not be otherwise assignable.
These Conditions and the contract to which this document relates shall in all respects be construed and operate in accordance with English Law, and the parties hereby submit themselves to the jurisdiction of the English Courts.
Headings do not affect the interpretation of this agreement.
Intellectual Property Policy Number: ISE00135284 – Unique Market Reference: B0618FB15A642A
The software licence thereby granted shall continue until or unless either party gives to the other party one months prior written notice of termination whereupon and before expiry of which the Customer has undertaken to either return or destroy the software as The Company shall direct PROVIDED THAT The Company shall exercise its right to terminate if continued use or possession of the software by the Customer infringes the developer’s third party rights or The Company is forced to do so by law.
Free trials last for 30 days. Please note only 1 trial per person for each of our products.
The Buyer hereby orders and the supplier, by accepting the purchase order, agrees that it will supply the Goods specified above upon and subject to these conditions which shall govern the Contract to the exclusion of any other terms and conditions, unless agreed in writing otherwise. The supplier agrees to supply software licenses any licensed software purchase, for the full term requested and for a further ten-year period beyond the buyer’s most recent purchase for.