Terms and Conditions in relation to the sale of computer and other computer equipment, accessories, consumables and software.

1. General

"The Company" means NicholTechPC. "The Buyer" means the person, firm or company ordering or buying goods from the company. No contract in respect of the goods between the company and the buyer shall exist until the buyer's order has been accepted by the company. The order shall be accepted once the credit card transaction is authorised or payment by any other agreed method is received. In placing an order with the company the buyer agrees to be bound by these conditions. No conditions or terms stipulated in any other communication or document shall vary or annul any of those conditions except insofar as the same are expressly consented to in writing by the company.

2. Dispatch and Payment

(a) Unless otherwise specified, the price quoted includes the item cost only. Packaging and delivery are charged separately.

3. Credit policy and Payment Information

All web transactions will be via Nochex, Paypal or a UK-based credit card. For non UK-based orders, Nochex and Paypal are the accepted payment methods. Please email the company for European delivery charges.

4. Retention of title

The company and the buyer expressly agree that until the company has been paid in full for the goods comprised on this or any other sales contract between them and all outstanding amounts due to the company from the buyer or any associated or subsidiary or holding company of the buyer or from any director or shareholder of the buyer or any other such company:

a) The goods shall remain the property of the company - and the buyers, as bailees for them for the company, will store the same for the company in a proper manner without charge and in such a way that the goods are clearly identified as being the property of the company, Not withstanding that the risk herein shall pass to the buyer as proved herein.

5. Risk

Not withstanding the preceding condition, all risk in respect of the goods shall be assumed by the buyer upon delivery of the same to him.

6. Loss or Damage in Transit or Non-Delivery

The buyer shall examine the goods immediately that the goods are delivered to him. If the packaging is badly damaged, the customer should not accept the goods without inspection. All damages must be reported within 48 hours of delivery.

7. Deliveries

Goods will be shipped within 3 working days (Monday -Friday), if there is likely to be any delay due to stock shortages, Courier Difficulties etc. you will be notified by email.

8. Warranty and Defective Products

(Our Maximum Warranty is 90 Days on Second User Product. (Check Individual Products For Warranty Period)

The company guarantees to the buyer that the goods will be free from defects caused by faulty materials or poor workmanship, for a period no longer than the warranty period of a maximum of 30 days (some products may have shorter or no warranties and will be advertised as such) from the date of delivery. Under this guarantee, the company will replace or repair any goods found to be defective by reason of faulty materials or by poor workmanship, provided that:-

a) Any damages upon receipt of goods are reported within 24 hours.

b) The defective goods are returned to the company in their original packaging, transportation charges being pre-paid by the buyer to arrive at NicholTechPC by 5pm by the 30th day (Or Other Warranty Period stated) after the day of despatch.

c) All goods returned MUST HAVE a copy of the original invoice ENCLOSED with the returned goods.

d) Examination by the company of such goods shall disclose to its satisfaction that such defects exist and have not been caused by misuse, neglect, accident, improper storage, installation or handling, or by repair or alteration not effected by the company.Goods will be re-tested upon return, and if proven not to be faulty will be returned to the buyer.

e) In the case of a consumer transaction, this condition shall not affect the statutory rights of the buyer.

f) Goods being returned will only be accepted with a returns number issued by the Company upon request and clearly labeled on the outer packaging.

g) Goods returned must be as originally supplied by NicholTechPC.

h) It is the responsibility of the buyer to return the faulty goods and ensure that any items returned are properly insured. The company will not be responsible for any items lost or damaged in transit.

i) NicholTechPC accepts no responsibility for the durability of consumables i.e batteries, toner cartridges, ribbons etc.

j) NicholTechPC Laptop Batteries have a "Dead On Arrival" Warranty. We do not garaunteen the bateries will keep a full charge on refurbished laptops. The battery will be replaced if proved to be faulty upon delivery. This condition shall not affect the statutory rights of the buyer.

k) 7-Day Returns Policy: This NicholTechPC returns and refunds policy is in accordance with the EU Distance Selling Directive which came into force in October 2000 and is part of UK law under the Consumer Protection (Distance Selling) Regulations 2000. This law applies to all transactions within the UK where a consumer does not meet the vendor. Contracts between businesses are not governed by these regulations.

Should you cancel your purchase with this 7 day 'cooling off' period (7 Days from the day of delivery), we will refund your payment in full. If you paid by credit or debit card from this website, your refund will be made directly to your credit or debit card within 30 days of your cancellation. If you paid by any other means, your refund will be made by cheque which will be posted to you within 30 days of your cancellation. There will be no charges for cancellation within this 7 day cooling off period.

All costs for returning the goods are to be met by the customer. We cannot accept liability for returned goods lost or damaged during transit. You are asked to wrap the product carefully to avoid damage. You are also advised to return goods by recorded delivery, registered post, or by courier and insure the consignment to cover its value. Proof of postage will not be accepted as proof of delivery. Please remember to enclose your name and address and a copy of your purchase receipt.

Please Note: Systems where software is pre-installed are exempt from the 7 Day Cooling Off Period

For any information regarding returns, or to arrange a return, please email NicholtechPC

9. Company’s Right To Cancel

The company reserves the right to cancel, vary or suspend the operation of contract of sales if events occur including (and without prejudice to the generality of the foregoing) fire, floods, storm, plant breakdown, strikes, lock-outs, riots, hostilities, non-availability of materials or supplies or any other event outside the control of the company and the company shall not be held liable for any breach of contract resulting from such event.

10. Cancellation

The company may withhold or cancel further or any deliveries under the contract of sale and may recover all losses resulting there from if the buyer:-

(a) Fails to make payment on the due date under the contract with the company, or

(b) Has a receiver appointed or passes a resolution for winding up or if a court shall order it to be wound up, or commits an available act of bankruptcy, or

(c) Is in breach of any of the items and conditions contained herein not withstanding that on a formeroccasion it has waived its rights. The exercise of rights shall be without prejudice to the company'sother rights of remedies.

Return Of Non-Faulty Goods:

Where NicholTechPC accept back incorrectly purchased items, there will be a re-stocking charge of 20% with a minimum charge of £5.Postal charges will not be refunded in any event.

The refund is subject to a re-test once the item is returned to us, if the item has been damaged the refund will not be given.

Please ensure the item is returned Recorded Delivery with the correct amount of insurance to cover the items value, as we will accept no responsibility for any loss.

Return Address:

NicholTechPC

9 Greencroft

Whithorn

Wigtownshire

Scotland

DG8 8QN

11. Proper Law and Jurisdiction: The Agreement shall be governed by the Laws of Scotland and the Scottish Courts shall have exclusive jurisdiction other than in relation to enforcement of judgements where their jurisdiction shall be non-exclusive.

12. All sums payable under the Agreement, unless otherwise stated, are not liable for VAT. Invoices will be posted or emailed separately to the invoice address given by the buyer.

Terms and conditions all other services:

NicholTechPC TERMS AND CONDITIONS AGREEMENT FOR SERVICES

PARTIES: The parties to this agreement (“the Agreement”) are ("THE CLIENT") and NicholTechPC whose office is situated at 9, Greencroft, Whithorn, DG8 8QN ("the Supplier"), (together "the Parties").

DEFINITIONS: Headings contained in this Agreement are for reference purposes only and should not be incorporated into the Agreement.

The following terms shall have the following meanings:

"Commencement Date" means the date that the Parties agree the Services shall commence.

“Confidential Information” means all information disclosed by one party to the other including oral, visual and written information and, without prejudice to the generality of the foregoing, shall include any information relating to either party’s operations, processes, business intentions, product information, market opportunities, customers, suppliers, clients, trade secrets and other information of commercial value, but does not include information which is public knowledge or which is already known to the other party at the time of disclosure or which subsequently comes lawfully into the possession of the other party from a third party.

“Intellectual Property Rights” means all rights a party may have in respect of copyright, design right, trade mark rights (whether registered or unregistered), patent rights or any other intellectual or industrial property right.

“Materials” means, in relation to either party, any and all information relating to a party’s business, including, but not limited to, drawings, information, customer personal information, designs, specifications, formulae, tooling, labels, models, samples, photographs or any other data, material, matter or information in which a party may have Intellectual Property Rights.

"Payments" means the payments for the Services.

“Services” means any work undertaken by The Peter Ingram Partnership on behalf of a client.

“Service Levels” means the document yet to be agreed which details the levels of service expected by THE CLIENT of the Supplier.

"Term" means the continuation of this Agreement until such a time when either party decides to terminate this agreement or any set period as the Parties may agree in writing.

APPOINTMENT: THE CLIENT hereby appoints the Supplier on a non-exclusive basis to provide the Services for the Term in return for the Payments.

THE SUPPLIER’S OBLIGATIONS: Services to be provided will be confirmed in writing by THE SUPPLIER. THE SUPPLIER agrees to provide the Services in accordance with the Agreement. In addition, THE SUPPLIER shall be subject to reasonable directions from THE CLIENT as to the manner in which it shall perform the Services.

THE SUPPLIER will at all times keep THE CLIENT informed of the progress of all matters relating to the provision of the Services and will comply with all reasonable requests for information. Where applicable, THE SUPPLIER shall at all times complete the Services in accordance with such timetables as are agreed between the Parties from time to time.

Quality and Training: THE SUPPLIER warrants that the Services will be performed with a high level of care and skill. THE SUPPLIER undertakes to appoint only competent and suitably qualified personnel with the necessary skills, expertise and diligence to carry out the Services.

Liability: THE SUPPLIER shall not be liable to THE CLIENT for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this Agreement.

Sub-Contractors: THE SUPPLIER may appoint sub-contractors to supply services relating to web development and printing.

CLIENT OBLIGATIONS: Where an invoice submitted by THE SUPPLIER is undisputed, THE CLIENT will make the relevant Payment in £ Sterling within 14 days of the date of receipt of the relevant invoice. If THE CLIENT disputes an invoice or any part of it,THE CLIENT will notify THE SUPPLIER within 14 days from the date of receipt of the relevant invoice and the Parties will use their reasonable endeavours to settle any dispute before the end of the 14-day payment period.

VAT AND EXPENSES: All sums payable under the Agreement, unless otherwise stated, are not liable for VAT.

THE CLIENT shall reimburse THE SUPPLIER all expenses reasonably incurred by it in the proper provision of the Services, which have been agreed in writing with THE CLIENT in advance.

INTELLECTUAL PROPERTY RIGHTS: THE SUPPLIER agrees that all Intellectual Property Rights in any Materials provided by THE CLIENT, shall remain with THE CLIENT, although it is acknowledged that THE SUPPLIER is permitted to use THE CLIENT's Intellectual Property Rights in order to carry out the Services.

Where THE SUPPLIER prepares or has prepared any Materials on THE CLIENT's behalf or at THE CLIENT's request, THE SUPPLIER agrees that all Intellectual Property Rights whatsoever existing in such Materials shall vest in THE CLIENT and THE SUPPLIER hereby assigns to THE CLIENT all such rights.

Where THE SUPPLIER engages the assistance of third parties in preparing any Materials for THE CLIENT, THE SUPPLIER shall ensure that such third parties also assign any such Intellectual Property Rights to THE CLIENT upon request.

THE SUPPLIER shall retain ownership of all Intellectual Property Rights in Materials owned by THE SUPPLIER prior to this Agreement, or developed by THE SUPPLIER during this Agreement for the purposes of carrying out the Services. Ownership of these, however, where specifically created for THE CLIENT, will transfer to THE CLIENT upon full and final settlement of the payments due from THE CLIENT to THE SUPPLIER.

Upon termination of the Agreement, THE SUPPLIER will immediately deliver up, or at the sole option of THE CLIENT, destroy, any and all Materials of THE CLIENT, which THE SUPPLIER has in its possession or control.

CONFIDENTIAL INFORMATION: All Confidential Information relating to the Parties is passed to and is received by the Parties in the strictest confidence. Each Party shall not use, copy, reproduce, disclose, divulge or grant access to such Confidential Information to any third party and shall not permit any of its affiliates or any of its or their employees, agents or officers or sub-contractors to use, copy, reproduce, disclose, divulge or grant access to such information, except strictly as required in the proper performance of the Agreement and, in which event, the receiving Party shall ensure that all of its employees, agents, officers, or sub-contractors are bound by the requirements of this clause.

All personal data relating to THE CLIENT customers (and suppliers) held by THE CLIENT or for THE CLIENT to which THE SUPPLIER may be given access for the purpose of the Agreement constitutes Confidential Information. THE SUPPLIER undertakes that neither THE SUPPLIER nor any of its affiliates, or any of its or their employees, agents or sub-contractors shall alter or destroy any such personal data and warrants that it shall, where applicable, fully comply with the Data Protection Act 1998 and any amendments or re-enactments of the same and any directives relating to data protection and shall procure that its affiliates, employees, agents and subcontractors shall observe the provisions thereof.

Each Party shall procure that neither it nor its officers, employees, agents or sub-contractors nor any of its affiliates shall disclose or refer to the terms of the Agreement in any public announcement, advertising, publicity or promotional material, or at all, without the prior written consent of the other Party.

Upon termination of the Agreement, each Party shall immediately deliver up, or at the sole option of the other Party, destroy any and all Confidential Information of that other Party which the receiving Party has in its possession or control.

TERMINATION: Either Party is entitled to terminate this Agreement for any reason by giving 30 days written notice to the other Party after an initial probationary period of 1 month is over.

TERMINATION CONSEQUENCES: Any termination of the Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the continuation in force of any provisions of the Agreement, which are expressly or impliedly intended to continue in force on or after such termination.

STATUS OF THE SUPPLIER: During the Term, THE SUPPLIER shall be an independent contractor and not an agent or employee of THE CLIENT.

FORCE MAJEURE: For the purposes of this clause, “Force Majeure” means, in relation to either party, a circumstance beyond the reasonable control of that party including, without limitation, act of God, war, riots, explosion, abnormal weather conditions, fire, flood and government action.

Neither party shall be deemed to be in breach of the Agreement or otherwise liable to the other party for any delay in performance or any non-performance of any obligations under the Agreement if and to the extent that the delay or non-performance is due to Force Majeure provided that the party claiming Force Majeure;

Could not have avoided the effect of the Force Majeure by taking precautions which it ought reasonably to have taken but did not take;

Has used reasonable endeavours to mitigate the effects of the Force Majeure;

Has promptly given written notice to the other party of the circumstances giving rise to Force Majeure.

Neither party shall be liable to the other in respect of termination of the Agreement due to Force Majeure save in respect of rights and liabilities, which have accrued prior to such termination.

MISCELLANEOUS: Warranty

Each of the Parties warrants that it has the power to enter into the Agreement and has obtained all necessary approvals to do so.

Severability and Conflict: In the event that one or more provisions of the Agreement is held to be invalid, illegal, or unenforceable for any reason, the Agreement will be construed as if such provision had never been contained. The Agreement shall supersede any conflicting or inconsistent provisions contained in the Schedules to the Agreement and any attachments to the Schedules. Each Party confirms that the Agreement is the whole agreement between the Parties and that the Agreement supersedes any prior agreement between the Parties relating to the subject matter of the Agreement.

Entire Agreement/Variation: This Agreement constitutes the entire agreement between the Parties in relation to the provision of the Services, and no variation to the Agreement shall be effective unless agreed to in writing and signed by a duly authorised officer of each of the Parties.

Execution of further documents: Both Parties agree to execute all documents and do any other act reasonably necessary to enforce any rights or remedies under the Agreement.

Notices: Any notice to be served on either of the Parties by the other shall be sent by prepaid, recorded delivery or registered post or by fax or electronic mail and shall be deemed to have been received by the addressee 72 hours after posting to the last known business address of the recipient, or 24 hours if sent by fax or electronic mail to the correct fax number or electronic mail address.

Third Party Rights: A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

Proper Law and Jurisdiction: The Agreement shall be governed by the Laws of Scotland and the Scottish Courts shall have exclusive jurisdiction other than in relation to enforcement of judgements where their jurisdiction shall be non-exclusive.