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The Legal Page
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Compatibility - COMSOL obtains products from a number of suppliers and cannot guarantee the compatibility of products from different suppliers nor that drivers will be supplied by one Manufacture to operate another's component parts. Customers are advised to discuss their requirements in detail with Computer Solutions' sales staff.
The prices shown on this web page were correct at the time the individual pages were created but are subject to change at any time. Information on this site is produced in good faith but does not constitute a technical specification or contract definition.
All sales made are subject to Computer Solutions standard terms of contract, detailed below.
COMSOL and chipFORTH are registered trademarks of Computer Solutions Ltd.
All other trademarks mentioned herein, whether registered or not, are the property of their respective owners.
Computer Solutions reserve the right to alter specifications without notice as improvements in design and manufacturing arise.
By filling in forms that supply your e-mail address you are requesting information on items in our product range. We will only pass on your e-mail to a supplier if we are unable to distribute those products within your area.
From time to time, rarely more frequently than monthly, we send product updates, information on new embedded tools or on new web site features and quarterly a newsletter to all those on our contacts database unless they have explicitly requested not to receive further data.
Should you so request, at any time, we will annotate our database accordingly.
When a purchase is made some suppliers require us to inform them of your contact details. If you do not wish this to happen please inform us prior to issuing a purchase order.
E & O E
1. GENERAL. The acceptance of any order which may be placed with Computer Solutions Limited ("COMSOL") shall be subject to these conditions and shall be deemed to be a binding contract only when confirmed and accepted by COMSOL in writing.
"Goods" shall mean equipment, spare parts and accessories therefore, software, work or services agreed to be supplied under the Contract or any of them, as appropriate.
Only these General Conditions and any Special Conditions stipulated in writing by COMSOL shall apply to the Contract and any conditions issued by the Buyer whether before or after the Buyer has notice of the General and Special Conditions shall be disregarded and of no effect. In the event of conflict between the General and any Special Conditions, the latter shall prevail.
2. QUOTATION & PRICES. The prices, quantities and delivery times stated in any quotation shall not be binding on COMSOL unless and until COMSOL has confirmed in writing its acceptance of an order placed by the Buyer in accordance with the quotation. Prices stated in COMSOL's acknowledgement of the order for imported goods are based on the relevant currency/Sterling exchange rate in force at the date thereof. If between the date of the acknowledgement of the order and the date of the invoice the value of Sterling has fallen against the relevant currency, the price of the goods may be increased accordingly. The exchange rate in force at any particular date shall be the lower of the relevant currency/Sterling exchange rates published in the Financial Times on that date or, if no such rate is published, such Exchange rate as COMSOL shall, in its reasonable opinion determine as the current exchange rate.
If between the date of the acknowledgement of the order and the date of delivery the cost of the goods to COMSOL shall have materially increased by reason of causes other than the movement of the exchange rate the price of the goods to the Buyer may be increased accordingly without prior notice. COMSOL shall notify the Buyer of any such price variations before the despatch of the goods and the Buyer shall be entitled upon receiving notification of such variation to cancel the order or the part of the order that remains outstanding by written notice to COMSOL delivered within 7 days of such notification without incurring liability to COMSOL. If such written notice is not received within the time specified it shall be deemed that the price variation has been accepted by the Buyer and it shall be incorporated into the order.
All prices quoted are exclusive of Value Added Tax, Sales excise and all other taxes and duties payable in respect of the goods to be supplied. COMSOL shall be entitled to recover any tax payable whether or not included on the invoice.
3. CARRIAGE - UK. All prices ex works. Carriage, Packing and Insurance will be charged extra at cost. EXPORT - prices are FOB London Airport packed for air shipment unless otherwise stated.
4. SPECIFICATIONS AND PERFORMANCE. All descriptions, drawings, specifications and other particulars however issued by or on behalf of COMSOL are approximate only and COMSOL will not be bound thereby unless expressly confirmed in writing to the Buyer for the purpose of the contract. Performance figures given by COMSOL concerning its Goods are typical of what it expects Goods to obtain on test and shall be subject to reasonable tolerance and rejection limits. Deviation from such figures shall not be made the basis of any claim against COMSOL except where specifically agreed to the contrary in writing and in no event shall COMSOL be responsible for performance figures supplied by sub-contractors or other co-operating parties. If the Goods are a design study, then that study will contain sufficient information such that a quotation may be drawn up for the design that is the subject of the study based on mutually agreed acceptance figures.
If the Goods are subject to acceptance tests before despatch rejection under this clause must be indicated to COMSOL prior to despatch of Goods.
The Buyer assumes responsibility for ensuring that the Goods stipulated in the contract are sufficient and suitable for the purpose.
5. CANCELLATION OR VARIATION OF CONTRACTS.
(a) No cancellation, suspension or variation of any contracts made by the Buyer shall be effective unless in writing and until accepted in writing by COMSOL and such acceptance will be given only subject to adequate compensation for any extra cost or any liability suffered by COMSOL in connection with the contract except as provided for exchange rate fluctuations.
(b) The contract price includes only such Goods as are specified in the order accepted by COMSOL. Should there at the request of the Buyer be any extra cost or liability suffered by COMSOL owing to suspension of work resulting from the Buyer's instructions or to interruptions, overtime, unusual hours, mistakes or work for which COMSOL is not responsible, such extra cost or liability may be charged for and shall be paid for accordingly by the Buyer.
(c) COMSOL reserves the right to refuse any cancellation of a contract, except as provided for exchange rate fluctuations and in particular, no cancellation will be accepted for Goods made to special requirements or not normally stocked by COMSOL if manufacture or procurement of such Goods is in process or has been completed upon receipt of the Buyer's notice of cancellation.
(d) COMSOL shall have no liability for any consequential loss caused by any cancellation or suspension of an order.
6. PACKAGING. The specification for packing the goods shall be entirely at the discretion of COMSOL who shall have the right to pack all goods in such manner and with such materials and in such quantities as it, in its absolute discretion, thinks fit and shall not be obliged to comply with any packaging instructions or requests of the Buyer.
(a) Times quoted for despatch or completion represent COMSOL's best estimates only and are given in good faith, time not being of the essence.
(b) The Buyer shall be bound to accept delivery of the goods by instalment and shall not be entitled to reject delivery or part delivery of the goods ordered. Defects in quality or dimensions of all or part of the goods in any instalment shall not be a ground for cancellation of the remainder of the order.
(c) Should delay in delivery be caused by the Buyer, COMSOL may store the goods at the sole risk, and expense of the Buyer and payment of the parts may at COMSOL's discretion be due on the date on which the consignment was ready for delivery.
8. DAMAGE OR LOSS IN TRANSIT. Unless acceptable specific instructions are received from the Buyer, COMSOL shall select a suitable carrier for the goods. Delivery of the goods in good condition to such a carrier shall constitute delivery to the Buyer and the carrier will be deemed the Buyers agent. The Buyer shall, where possible, examine the goods on delivery. Where the goods are not inspected the carriers note shall be marked "unexamined". It is a condition precedent of any liability COMSOL may have that
(a) any damage to the goods in transit or prior to transit or any shortage in goods be notified to COMSOL and the carrier within seven days of delivery and in the case of damaged goods, that such goods be returned to COMSOL in their original packing within seven days of clearance by the carriers inspectors and
(b) should goods not be delivered within ten days of receipt of invoice for the goods, immediate notice in writing is given to the carrier and COMSOL.
9. TRANSFER OF PROPERTY AND RISK.
(a) Property in the goods shall remain vested in COMSOL until payment in full for them shall have been received by COMSOL.
(b) COMSOL shall be entitled to recover from the Buyer or the Buyer's sub-contractor any goods for which payment in full has not been received when due, and to enter upon the premises of the Buyer to recover such goods.
(c) Notwithstanding the foregoing, risk in the Goods shall pass to the Buyer on delivery.
(d) Where the Buyer for the purpose of the Contract loans equipment to COMSOL then the property in such equipment shall remain with the Buyer. COMSOL will take all reasonable care of such equipment as bailee but the responsibility for insuring the equipment against fire, theft or other insurable events will remain with the Buyer.
10. PAYMENT TERMS.
(i) UK Orders
(a) All orders are subject to credit approval before acceptance. Payments shall be made in cash within 30 days of the date of invoice without any deductions and the time within which the Buyer is to pay for the goods shall be of the essence of the contract. COMSOL reserves the right to make delivery subject to immediate cash payment.
(b) If the Buyer is in default in making payment, COMSOL shall without special notice and without prejudice to its right to claim further damages, be entitled to charge compound interest at the rate of 2% per calendar month for the period the payment is overdue. COMSOL may also decline to make further deliveries without in any way affecting its rights under, or repudiating the contract. If despite any default by the Buyer, COMSOL continues to supply goods, this shall not constitute a waiver or in any way prejudice COMSOL's legal remedies for any defaults.
(c) Where Goods are the subject of acceptance tests before despatch the Buyer must make reasonable efforts to complete such tests after being informed by COMSOL of the readiness of the Goods. If within 30 days the Buyer has failed to start such tests or is delaying the completion then COMSOL has the right to demand immediate payment of a sum not exceeding 80% of the agreed contract price together with any variations agreed notwithstanding that subsequent tests may find that COMSOL has not completed the contract as agreed.
(ii) Export Orders
Payment Terms clause for UK orders applies except that payment shall be in pounds sterling through a Prime London Bank on presentation of shipping documents unless otherwise stated in writing. All bank costs in settling export payments will be to the Buyer's account.
(a) Patent Defects and Incorrect Deliveries: The Buyer shall inspect the goods immediately on arrival thereof and shall within 28 days of their arrival give notice to COMSOL of any defect in the goods or any other matter by reason whereof he alleges that the goods are not in accordance with the contract. If the Buyer fails to give such notice the goods shall be deemed to be free of patent defects and in all respects in accordance with the contract and the Buyer shall be bound to accept and pay for them accordingly. In the case of bespoke software which may require a longer period of time to implement and test, COMSOL will allow a notice period of 6 months for defects. However, payment for the goods is still due within 30 days of invoice date. If the Buyer gives such notice and the delivered goods are proved to be defective, COMSOL shall at its own discretion replace or repair the goods free of charge or refund the purchase price except for bespoke software where COMSOL will undertake to rectify the defect in the same terms as the original contract and the Buyer shall have no further rights to damages or otherwise against COMSOL.
(b) The Guarantee will not extend to faults caused by incorrect or inappropriate use or handling of the goods, nor to any goods which have been repaired or in any way altered without the consent of COMSOL in writing, nor to any consequential loss, damage or expense howsoever arising.
(c) Goods returned to COMSOL under guarantee shall be returned at the Buyer's expense and re-delivered to the Buyer at COMSOL's expense.
(d) Design studies. COMSOL shall warrant the design as suitable for the purpose required. Should any defects in the design arise, COMSOL will remedy them free of charge.
(e) Unless specifically agreed in writing COMSOL does not grant approval for any software or hardware supplied to be used in conjunction with any life support equipment or other equipment where failure of such equipment, even if due to a defect in the supplied software or hardware, could result in death or injury to any person.
(f) The period of warranty and software support on products not manufactured by COMSOL are as specified by the Manufacturer and a summary of those these is displayed on our Warranty web page
(g) No other condition or warranty is made, given or to be implied as to the quality, life or wear of the goods supplied or that they will be suitable for any particular use or for use under any particular conditions, notwithstanding that such purpose or condition may be known or made known to COMSOL.
12. BANKRUPTCY. If either party shall become bankrupt or insolvent or have a receiving order or administration order made against him or shall make any composition or arrangement with or for or make any conveyance or assignment for the benefit of his creditors or shall purport to do so or shall have any application made against him under any Bankruptcy Act, or if (being a limited liability company) any resolution is passed or an order made by the Court that he be wound up (save for the purposes of reconstruction or amalgamation) or a receiver or manager be appointed by any creditor or any act shall be done which would cause any of the foregoing to be done, then
(a) If the other party is COMSOL, COMSOL shall be entitled to determine the contract (without incurring liability) by written notice without prejudice to any other right of action which COMSOL may have at the date of such notice.
(b) If the other party is the Buyer, and only in the case of a design study, design contract or consultancy, the buyer shall be entitled to property in the Goods, in whatever state of completion they may be at that time, on payment determined by such ratio of the contract as can be demonstrated to have been carried out.
13. SOFTWARE LICENCES. The use of certain of the software sold by COMSOL is subject to the granting of a licence for the period of use. These licences form a separate agreement and notwithstanding any clause contained within these conditions the rights and remedies of the Buyer are restricted to the terms of the licence.
14. SPECIAL EXPORT CONDITIONS OF SALE - LICENCES. COMSOL shall not be responsible for obtaining any necessary export licences (for export from the UK) or import licences (for import into a country of destination other than the UK) for items requiring such licences.
15. COPYRIGHT. The copyright subsisting or which subsequently subsists in all documents, drawings, specifications, designs, programs or any other material prepared by COMSOL whether readable by humans or by machines shall belong to COMSOL absolutely and they shall not be reproduced or disclosed or used in its original or translated form by the Buyer without COMSOL's written consent for any purpose other than that for which they were furnished.
Where COMSOL has prepared documents, drawings, specifications, designs or programs or other material specifically applied to the Buyer's products, copyright of such specific material will be transferred to the Buyer at completion of the contract.
16. ADVERTISEMENTS. Any advertisement, catalogue, price list, illustration, or other publication containing information with regard to weights, measurements, capacities, performance and any other data relating to the Goods shall not form part of the Contract for the sale of the Goods, and the Buyer shall be deemed to rely upon his own judgement as to the quality and the fitness of the Buyer's use of the Goods.
17. CONSULTING STAFF. The Buyer may not approach consulting engineers employed by COMSOL with a view to offering them employment for a period of two years from the completion of each and any contract.
18. FORCE MAJEURE. COMSOL shall not be liable to the Buyer by reason of its failure to perform any part of the Contract resulting from any breakdown of plant or apparatus, fire, explosion, accident, strike, lock out or any other events beyond the control of COMSOL.
19. TERMINATION. If the Buyer fails to comply or by his act or omission it is clear that he does not intend to comply with these conditions or any special conditions, COMSOL may by written notice to the Buyer determine the contract without prejudice to any right of action which COMSOL may have against the Buyer in respect of this contract.
20. PARTIAL INVALIDITY. If and to the extent that any clause or clauses of these terms and conditions of sale should prove invalid the remaining provisions and the contract shall remain valid and binding. Any invalid clauses shall be renegotiated with the intention of replacing such clauses by new provisions with similar economic implications. Such substituted provisions shall be binding on both parties.
21. WAIVER. The failure of COMSOL to insist upon strict performance in any of the terms and conditions stated herein shall not be considered a continuing waiver of such term or condition or of any other terms and conditions.
22. LIABILITIES. Except as otherwise provided, or where exclusion is prohibited at law, all conditions, warranties and representations whether express or implied by statute, custom of trade or otherwise are hereby expressly excluded and COMSOL shall not be liable to the Buyer for any loss or damage including (but not limited to) consequential loss or damage whatsoever caused resulting from any act, omission or default whether negligent or otherwise, of COMSOL, its employees, agents or sub-contractors.
23. Business to Business Purchases These terms and conditions apply.
24. Consumer Purchases. All purchases are assumed to be on Business to Business terms (these) unless Consumer terms are explicitly requested by the customer at the time of ordering and have been agreed in writing by Computer Solutions Ltd. before the goods are shipped. Our Consumer terms replicate our business terms except when overridden by any rights incurred by consumers under the Consumer Protection (Distance Selling) Regulations 2000 and other subsequent Consumer legislation.
25. LAW. The contract shall be construed according to English Law.
Special prices and free offers may be of limited duration or may only be available while designated stocks last. COMSOL's decision on eligibility for entry will be final, entry acknowledges acceptance of these rules.
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