1. Definitions

1. "PrimoIT" means PrimoIT Ltd also referred to as "we" or "us" in these terms and conditions.
2. "Catalogue" means the catalogue of products and services offered by PrimoIT Ltd.
3. "Force Majeure" means any cause affecting the performance by PrimoIT Ltd of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
4. "Working days" means Monday to Friday, excluding Bank or other Public holidays.

2. Orders

1. All contracts of sale made by PrimoIT Ltd shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom PrimoIT Ltd is dealing. Cancellation of orders by business to business customers is not accepted as many orders are despatched on the same day the order is placed. Cancellation of orders by consumers can only be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000.
2. All orders are subject to acceptance and to availability of the goods ordered: PrimoIT Ltd is entitled to refuse any order placed by you.
3. You undertake that:
   • all details you provide to us for the purpose of purchasing goods or services offered on our web site are correct
     and
   • the credit or debit card you use to make a purchase from us is your own card or your company's card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.

3. Prices

1. Goods and services, together with VAT, are invoiced at the price prevailing at time of order.
2. PrimoIT Ltd reserves the right to modify the prices from time to time.

4. Delivery, Title and Risk

1. Any time or date stated for delivery is an estimate only. PrimoIT Ltd makes every effort to despatch goods on time, but does not accept liability for failure to deliver within the stated time.
2. If PrimoIT Ltd is unable to deliver the goods within 30 days of the date of the order, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to PrimoIT Ltd in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to PrimoIT Ltd after the above date but before delivery of the goods or notification from PrimoIT Ltd that the goods are ready for delivery.
3. PrimoIT Ltd does not accept liability for shortages or damage to deliveries unless the Customer notifies PrimoIT Ltd of the shortage or damage in writing within 3 days of receipt of the delivery.
4. The Customer has to accept the goods when they are ready for delivery.
5. Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
6. Title in the goods does not pass to the Customer until payment is received in full by PrimoIT Ltd.
7. If the Customer cannot accept delivery, PrimoIT Ltd may at its option: (a) store and insure the goods at the Customer's expense and risk or (b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or (c) re-arrange delivery provided that PrimoIT Ltd may charge the Customer for the additional delivery costs incurred.

5. Payment

1. PrimoIT Ltd's standard terms of payment are 30 days from the date of the invoice, and these will apply except in the case of transactions where different terms are agreed in writing.
2. If payment is not made on the due date, PrimoIT Ltd will be entitled to charge interest daily on the outstanding balance at the rate of 3% above Barclays Bank PLC base lending rate from time to time.

6. Product specifications

1. PrimoIT Ltd makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions, specifications and, in the case of bulk items, quantities, without prior notice.
2. If PrimoIT Ltd cannot supply the goods ordered by the Customer, PrimoIT Ltd reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to PrimoIT Ltd in respect of that order. This shall be the sole remedy of the Customer in these circumstances.
3. Due to the current manufacturing methods of active matrix display panels, a small percentage of sub-pixel anomalies (i.e. a pixel stuck on or off) are accepted by the industry as unavoidable. Accordingly, because the manufacturing yield of perfect active matrix panels is low, displays may have some sub-pixels that are either always on or off. The cost of accepting only theoretically perfect displays would almost double the price of a portable computer using an LCD screen. Please be aware of this before purchasing a TFT screen. PrimoIT Ltd has to adhere to the manufacturer's guidelines stipulating that a given number of pixel failures are deemed acceptable before the TFT screen is accepted for replacement on grounds of fault.

7. Trade names and Trade Marks

1. Trade names and marks (other than PrimoIT Ltd's) are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products.
2. In the case of component purchases, Customers requiring a particular brand of product should, before placing an order, check with PrimoIT Ltd the identity of the manufacturer of component it is proposed to purchase.

8. Warranties and Returns

1. PrimoIT Ltd is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
2. All goods supplied by PrimoIT Ltd are warranted to be generally free from defects in workmanship and materials and fit for the purpose for which such goods would normally be used. If you purchase goods in the course of your business, all other express or implied terms or warranties relating to the goods are excluded to the fullest extent permitted by law. Subject to this, however, goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing. All services provided by PrimoIT Ltd will be provided with reasonable skill and care and within a reasonable period. If you purchase services in the course of your business, all other express or implied terms or warranties relating to the services are excluded to the fullest extent permitted by law.
3. Subject to the right of consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000, PrimoIT Ltd does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
4. In the event that PrimoIT Ltd, at its discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply), agrees to accept the return for credit of unwanted products, the goods must be returned with PrimoIT Ltd's prior written agreement within 14 days of delivery. The goods must be unopened and in perfect re-saleable condition. All goods returned in these circumstances will be subject to a handling fee of 15% of PrimoIT Ltd's sale price for the goods, or £20, whichever is the greater.
5. Subject to testing to verify any alleged fault, we will accept the return of defective computer for full refund or replacement at our option, if, but only if, the goods are returned within 14 days of delivery.
• PrimoIT Ltd's technical support staff or Customer Support staff, as appropriate, will advise you of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will either arrange a courier collection, or request that you return the product directly to us. If the goods are found on inspection to be defective, the cost of returning the item will be refunded to you. Authorised product returns must be sent to the address listed below.
• PrimoIT Ltd offers a "no charge" collection, repair and delivery service (on the UK mainland only) for hardware which is shown to be faulty. If we have arranged for a courier collection of your product, we are unable to specify the collection time, and it is your responsibility to ensure that someone will be present at the collection address when the courier arrives.
• All returned goods must be accompanied by PrimoIT Ltd's Returns Authorisation number ('RA Number') which can be obtained by contacting Customer Support on the details listed below. Returned goods will not be accepted without an RA Number. The RA Number must be clearly marked on the outer packaging, not on the goods. Failure to follow these instructions may result in delay and additional costs.
• PrimoIT Ltd cannot accept liability for packages damaged during transit. It is the Customer's responsibility to wrap the product adequately to prevent damage.
• Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value.
• On receipt of the returned product, we will test it to identify the fault you have notified to us.
• If following the testing process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with a replacement product before completion of the testing process, you will have to pay for this product also.
• This warranty shall not apply if the goods have been worked upon, altered or damaged in any way by the Customer or its employees or agents, or to goods not used in accordance with the manufacturer's instructions.
• Unless otherwise stated in the manufacturer's documentation, all goods delivered to a UK mainland address carry a 12-month manufacturer's warranty. Customers who wish to make a warranty claim must comply with the manufacturer's instructions and warranty procedure. In order to resolve your problem as quickly as possible, we may refer you to the product manufacturer who will deal directly with the return. In these instances, we will provide you with the contact information for the relevant manufacturer. If you are a consumer, this does not affect your statutory rights.
• No software on which seals have been broken can be returned for credit. If any software discs are faulty, the manufacturer will replace them. If you are a consumer this does not affect your statutory rights. Please note Software Licences are non returnable unless the software is materially non-compliant with its specification or the physical media on which it is supplied is defective.
• Some manufacturers require goods to be returned within 14 days or less in order to secure refund. In such instances the manufacturer's time limit will apply and therefore PrimoIT Ltd will only accept a return within 14 days of purchase or the manufacturer's time limit, if that limit is less than 14 days. This is clearly indicated on the catalogue page for the particular product. We can only accept the return of a defective product that does not meet the description, if they are returned to us within 14 days. Beyond that period you will be deemed to have accepted the goods and you must therefore check the goods promptly on receipt. Please note that this period is reduced to 7 days for clearance bargains and 'NCCR, products as set out in condition 12.

9. PrimoIT's liability

1. PrimoIT Ltd shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. ("Financial loss" in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). PrimoIT Ltd's liability in respect of all other losses shall be limited to the invoiced amount of the relevant order, provided it has been paid.
2. Nothing in this agreement shall limit PrimoIT Ltd's liability for death or personal injury caused by its negligence.

10. Health and Safety

1. In accordance with the Health and Safety at Work, etc Act 1974 and the Consumer Protection Act 1987, PrimoIT Ltd confirms that the goods it supplies as a distributor do not present a hazard to health and safety.
• when properly used for the purpose for which they are designed;
  and
• if the Customer takes reasonable and normal precautions in their use.

11. Force Majeure

1. Where, in spite of its reasonable efforts, PrimoIT Ltd is unable to perform an obligation due to force majeure, it shall not be deemed to be in breach of its contract with the Customer.

12. The Consumer Protection (Distance Selling) Regulations 2000

1. Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the PrimoIT Ltd website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 ('the Regulations').
2. If the Regulations apply, Customers may cancel goods purchased from PrimoIT Ltd by sending a written notice of cancellation by post or hand delivery addressed to the address listed below.
3. The notice of cancellation must be delivered within 7 working days of the date of delivery of the goods.
4. The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to PrimoIT Ltd, the Customer is under a duty to make the goods available for collection at the Customer's expense from the address to which they were delivered.
5. The Customer is under a duty to retain possession of the goods whilst awaiting return to PrimoIT Ltd and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.

13. Errors and Omissions

1. PrimoIT Ltd makes every effort to ensure that all prices and descriptions quoted in its catalogue and on its website are correct and accurate. However, the frenetic tempo of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, PrimoIT Ltd will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer's order and/or received payment from the Customer. PrimoIT Ltd's liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by PrimoIT Ltd after the manifest error has been discovered.
2. A 'manifest error', as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by PrimoIT Ltd which is more than 10% less than the price that would have been quoted had the mistake not been made.

14. General

1. Nothing in these terms and conditions affects your statutory rights as a consumer.
2. If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
3. Any waiver of a breach of this Agreement must be in writing.
4. Any variation of this Agreement must be in writing and signed by a duly authorised PrimoIT Ltd official.
5. The headings are for convenience only and shall not affect the interpretation of this Agreement.
6. Any notices given under this Agreement shall be in writing and sent (a) by first class pre-paid post to the last known address of the party; or (b) by fax to their last known fax number; or (c) by e-mail to the last notified e-mail address of the party. The notice shall be deemed served (a) two working days after posting; or (b) upon receipt of a successful fax transmission report; or (c) after system confirmation of e-mail delivery.
7. These terms and conditions shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
8. PrimoIT Ltd may at its discretion record telephone transactions for staff training and quality control purposes. The tapes will be erased after review.
9. PrimoIT Ltd reserves the right to change or amend these terms and conditions at any time and without prior notice.

15. Contact Information

Address:		Primo IT Ltd 20 Moscow Lane. Shepshed. Leicestershire. UK.   LE12 9EX.
Free Phone:		08000 567 787
Fax:		01509 560 555
E-Mail:		sales@primoit.co.uk