Terms and Conditions

ROMANBY COMPUTERS - TERMS OF TRADE AND DISCLAIMER

These "Terms and Conditions" will apply to and govern all Contracts under which Romanby Computers, its affiliates, subsidiaries, agents or contractors acting on its behalf, agree to supply goods and services, and shall prevail over any terms and conditions of the client/customer, whether referred to in the client’s order, or in correspondence and elsewhere, or implied by trade custom practice or course of dealing. Any purported provisions to the contrary are hereby excluded or extinguished. No variation of these terms and conditions shall be effective unless previously agreed in writing.

Security

It is the customer’s responsibility to ensure that prior to Romanby Computers starting work on its computer system or other electronic installation, that all critical data has been backed up, and that appropriate recovery procedures are in place. It is the customer’s responsibility to back up all files and folders. Romanby Computers cannot accept liability for any loss of data and/or information during any repair, upgrade or diagnosis.

Software Licensing

It is the client’s responsibility to comply with the terms of use, distribution, duplication and other requirements whether public or private in origin applicable applied to any software supplied through Romanby Computers.

Public Domain Software

In the case of software that is available as "freeware", "shareware" or otherwise supplied from the public domain, such software is supplied to the client on an "as is" basis. Romanby Computers makes no warranty as to fitness for purpose, performance or as to freedom from embedded malicious software.

Maintenance of Protection

It is the client’s responsibility to ensure that the effectiveness of any software supplied by Romanby Computers is maintained, by acquisition from the original developer of such database files, programme patches or other revisions, as may become available from time to time.

Privacy

It is the client’s responsibility to ensure that all applicable civil liberty legislation and personal privacy safeguards are complied with when using software supplied by Romanby Computers, both those enshrined in UK and EU law, and those included in any telecoms service contracts entered into by the Client.

Payment Prices

Prices charged may be varied without prior notice. Payment shall be made no later than fourteen (14) days from the date of invoice or by express written agreement between Romanby Computers and the client. In the event of late payment interest will accrue at the base rate of Barclays Bank plc plus two per cent.

Delivery

The dates for delivery of goods, materials or execution of activities mentioned in any quotation or acknowledgement of orders are approximate only. Delivery may be made in whole or in part at the option of Romanby Computers, and where delivered by instalments shall be invoiced separately and seen as separate contracts. If, in the case of the contract or any order involving more than one delivery, default is made in payment on the due date, Romanby Computers shall have the right to suspend any further deliveries or activities pending payment, or to terminate the contract in its entirety.

Copyright

Copyright of all material originated by Romanby Computers, either in the form of pre-contract documentation or as text, images, research papers or electronically stored code for the manipulation, transmission and presentation of information, remains vested in Romanby Computers . By separate negotiation and upon payment in full, copyright may be assigned or licensed to the client.

Ownership of Goods

Title to the goods shall only pass to the client upon payment in full of all sums owing or due to Romanby Computers, whether under contract or otherwise. Until such payment the client shall store the goods in such a way as to show that they are the property of Romanby Computers

Risk

Risk in the goods or material passes upon delivery to the client’s premises. Where material is transmitted electronically, risk will be deemed to have passed to the client, upon the moment of transmission - not of receipt.

Indemnity

The client will indemnify Romanby Computers, its staff, contractors and agents for any loss or damage suffered or incurred as a result of failure to obtain any necessary license or consent to enter any premises, or premises being unsafe or unsuitable, or any failure of the client to comply with any conditions imposed by any other party.

Liability

Romanby Computers shall under no circumstances be liable for any loss, damage, expense or injury of any kind. Whether direct, consequential or otherwise, arising in connection with the execution of a contract or the use or failure of the goods supplied or any defect in them, or from any other cause whether or not due to the acts or omissions of Romanby Computers, its staff, contractors, or its agents, in excess of the contract invoice value.

Force Majeure

Romanby Computers shall not be liable to the client for any loss or damage which may be suffered by the client as a result of the delivery of goods, materials or the execution of a contract being delayed prevented hindered or made uneconomic by reason or circumstances or events beyond Romanby Computers’ control including, but not limited to:

(a) Act of God, or riot, strike, lock-out, trade dispute, labour disturbance, restriction or ban on overtime, accident, fire, flood or storm difficulty or increased expense or;

(b) Failure by the client to give adequate instructions or supply the necessary information in due time or

(c) Failure by any third-party to carry out their part of the work or otherwise perform their obligations when required.

Claims

All claims in respect of material, goods or non-execution of the Contract must be made in writing and received by Romanby Computers no later than fourteen (14) days of the date of delivery to the client, the client’s premises or the Client’s vehicle, or in the case of electronic transmission, from the date of transmission.

Waiver

Any waiver by Romanby Computers of any breach of any term of these Terms and Conditions shall be valid only if given in writing.

Severance

Romanby Computers and the client believe that these Terms and Conditions are reasonable. If any provision shall be held to be contrary to applicable law, such provision shall be severed from the remainder, and the remainder shall continue in full force and effect.

Notices

Any notice hereunder shall be deemed to have been duly given if sent pre-paid first class post, fax or e-mail to the party concerned at the address specified.

Law

All contracts to which these Terms and Conditions apply shall be governed and construed in accordance with the laws of England and Wales, and the parties hereby submit to the jurisdiction of the courts of England and Wales

Workshop Repair Terms

Check that the details given are accurate and detailed. Any special instructions must be stated in writing on the workshop booking form, including data backup and specific requirements for upgrade

Ensure that you detail any leads, disks, manuals or other accessories left with Romanby Computers

Romanby Computers accept no responsibility for loss of data during repair or upgrade. Data will not be transferred from disk to disk unless it has been agreed Romanby Computers can only re-install any software which has been supplied on a disk by the customer with a valid license code. Pre-loaded operating systems and software may be lost during a repair, so ensure that you have provided the necessary disks to reload the system

It is the customer's responsibility to ensure that the equipment ordered is compatible with any third party software or equipment not already in Romanby Computers possession. If you are unsure, please arrange for us to view the equipment / software before the upgrade/repair

Romanby Computers accept no responsibility for third party faults. Errors with Internet Providers, telephone companies, power companies, viruses or spyware or any other related supplier which may affect the running of the PC. Romanby Computers recommends checking these first in appropriate circumstances. Diagnostic fees apply automatically to any equipment still covered under a third party warranty

When you collect/receive your PC

Ensure that all of the disks, manuals, leads and accessories booked in are present upon collection. When new equipment or software is supplied, check that you have all the items you were quoted for

All Losses MUST be reported within 7 days and confirmed in writing. Machines left at the Romanby Computers after repair/upgrade will be kept no longer than a period of 3 months. Equipment and software may be placed into storage where appropriate, which may incurr additional cost for the customer. After 3 months, the equipment or software may be sold to recover our costs.

Romanby Computers Home Visit Agreement

Normal charges as stated on website will apply for home visits. Should the customer request that repairs are undertaken on their behalf (time and materials permitting) a further payment (details on our prices) will be agreed upon between the engineer and the customer. All payments are due on receipt of an official invoice and MUST be made within fourteen (14) days nett.

*Note. Some repairs may require parts, which have to be supplied by the customer, which means that fault diagnosis and implementation of repairs, may take place on separate days.

Time restrictions may also apply in either case the call out charge for the second visit would not apply

Software installation

Romanby Computers software installations are warranted for a period of 7 days. Romanby Computers holds no responsibility for loss of data, and recommends that customers backup any data they deem to be irreplaceable, at regular intervals.

Hardware installations

Any hardware installations undertaken by Romanby Computers at the customers request, will carry a 30 day installation warranty. Romanby Computers accept no liability for mechanical or electronic defects in the equipment supplied by the customer. The aforementioned defects are covered, for the customer, by the retail outlet of said equipment. i.e warranties for mechanical / electronic defects are the sole responsibility of the retail supplier of the hardware component.