Definitions
1. MILLENNIUM BUSINESS SYSTEMS LTD here in is referred to as MBS
2. These conditions shall take precedence over any conditions of theCustomer and shall not be varied without the written consent of a Director ofMBS.
Delivery and loss or damage in transit
- Delivery of the goods to the Customer?s address or any other address stipulated by said customer shall constitute delivery and the risk therein shall pass upon such delivery to the Customer and conditions shall apply to each partial delivery.
- The customer will be required to sign a copy of the Company?s or carriers delivery manifest as acknowledgement of receipt of goods. The customer should inspect the goods carefully, as unqualified signature shall be deemed to signify the customers acceptance that the goods are in good condition and in regards to the Company?s manifest complete.
The title of goodswill remain with MBS until the invoice has been paid in full
3. The Company will not be responsible for damage to any of the goods orpart thereof in transit unless the Customer gives written notice of a claim tothe Company and to the carrier
i. in the case of damage within 3 days after having received the goods and
ii. in case of loss or shortage by writing within 3 days of the date ofinvoice
iii. All damaged boxes must be signed for as damaged.
GUARANTEE
1. MBS guarantees, in respect of the goods, the matter of any warranty orguarantee given to the Purchaser that such goods will be free from defectscaused by faulty materials or poor workmanship for the period of the guaranteeor warranty given by the manufacturers. Under this warranty MBS will, at itsoption, either repair, or give a replacement of equivalent quality or issuecredit to the Customer for any goods found to be defective due to faultymaintenance by MBS or poor workmanship provided that
i. the defective goods are returned to theCompany at the Customer?s expense
ii. examination of such goods by authorisedpersonnel discloses to their satisfaction that such defects exist and have notbeen caused by misuse, neglect, accident, improper storage, installation orhandling or by repair or alteration not effected by the Company and.
iii. the Customer shall pay to the Sellerthe cost (as certified by the Seller) of any examination of such goods as aresult of which the Seller denies liability
iv. Any damage caused following the signeddelivery of the goods will not be covered under the warranty and will becharged to customer.
WARRANTY
1. To enable MBS to provide the best possible support and service duringthe Warranty Period, you will be required to:
i. Maintain a proper and adequateenvironment, and use the MBS Hardware Product in accordance with its designedfunction.
ii. Verify configurations, load most recentfirmware, install software patches, and implement temporary procedures orworkarounds provided by MBS while MBS works on permanent solutions.
2. It is mandatory that the unit serial number be made available whenrequesting a warranty service event. Failure to do so may result in the eventbeing deemed out of warranty by MBS and therefore chargeable to the purchaser.Your dated sales or delivery receipt, showing the date of purchase or lease ofthe product, is your proof of the purchase or lease date. You may be requiredto provide proof of purchase or lease as a condition of receiving warrantyservice. You are entitled to hardware warranty service according to the termsand conditions of this document if a repair to your hardware Product isrequired within the Warranty Period.
3. On site Next Business Day Response: Your MBS PC Warranty is an on-site warranty service. Under theterms of on-site service, MBS may, at its sole discretion, determine if adefect can be repaired by the use of a Purchaser self repair part or servicecall at the invoice location of the defective unit. If MBS ultimatelydetermines that an on-site service call is required to repair a defect, thecall will be scheduled during standard office hours, typically 09:00 to 17:30,Monday through Friday unless otherwise stated. If the location of the defectiveunit is not the invoice address, response times may be longer or there may beadditional charges. MBS aims to ensure that the product will be operational by the endof the next business day following the end users return of MBS fully completedReturns Form. Unless otherwise stated, all responses are measured from the timethe customer calls, or a mutually acceptable time for support to be performedhas been established. Failure of a product reported by 1500 hours will be fixedby 1800 hours on the next business day, unless otherwise requested where situationsarise that can be more convenient for the Customer. In all cases, the warrantyperiod will not exceed five (5) years from the date of purchase of the MBShardware. The MBS Warranty Period starts from the date of purchase by the datedsales or delivery receipt, showing the date of purchase of the MBS Option, thisis your warranty start date. In order to receive on-site support, you must:
i. Havea representative present when MBS provides warranty services at your site
ii. NotifyMBS if products are being used in an environment which poses a potential healthor safety hazard to MBS employees
iii. Subjectto its reasonable security requirements, provide MBS with sufficient, free, andsafe access to and use of all facilities, information, and systems determinednecessary by MBS to provide timely support
iv. Ensurethat all manufacturers labels (such as serial numbers) are in place,accessible, and legible
v. Maintainan environment consistent with product specifications and supportedconfigurations
4. Purchaser self repair: MBS products are designed with many Purchaser SelfRepair (PSR) parts to minimize repair time and allow for greater flexibility inperforming defective parts replacement. If during the diagnosis period, MBSidentifies that the repair can be accomplished by the use of a PSR part, MBSwill ship that part directly to you for replacement.
5. Based on availability and where geography permits, PSR parts will beshipped for next business day delivery. If assistance is required, youcan call MBS Technical Support and a technician will help you over the phone.It is required that the defective part is returned to MBS and subsequentlyshipping and part return costs and the courier/carrier to be used is paid forand determined by MBS. Only one collection is pre-arranged by MBS, ifunsuccessful due to purchaser error it will be charged at the applicable costsand future returns arranged at the purchasers cost. The defective part must bereturned with the associated documentation in the provided shipping material.Failure to allow the return of the defective part will result in MBS billingthe purchaser for the replacement and associated costs.
6. During the Warranty Period, MBS will, at its discretion, repair orreplace any defective component. All component parts or hardware productsremoved under this Warranty become the property of MBS. In the unlikely eventthat your Hardware Product has recurring failures, MBS, at its sole discretion,may elect to provide you with (a) a replacement unit of MBS choosing that isthe same or equivalent to your Hardware Product in performance or (b) to givethe purchaser a credit note of your purchase price (or lease payments ?THINK WESHOULD REMOVE THIS BIT) (less interest) instead of a replacement. This is yourexclusive remedy for defective products.
7. MBS may repair or replace Hardware Products with new or previously usedproducts or parts equivalent to new in performance and reliability, or withequivalent products to an original product that has been discontinued. External products to the PC base unit such as external storage subsystems,printers, TFT and other peripherals are covered by the applicable warranty forthose products or options.
8. Your MBS Warranty may include an advanced unit replacement warrantyservice. Under the terms of the advanced unit replacement warranty service, MBSwill ship a replacement unit directly to you if the MBS Hardware Product youpurchased is diagnosed as defective. On receiving the replacement unit, youwill be required to return the defective unit back to MBS, in the packagingthat arrives with the replacement unit. MBS will incur all shipping andinsurance costs to return the defective unit to MBS. Failure to allow return ofthe defective unit will result in MBS billing the purchaser for the replacementunit.
9. Performing additional tasks or actions that MBS may reasonably requestin order to best perform the warranty support and full Cooperate with MBS inattempting to resolve the problem over the telephone is required. In somecases, MBS may require additional software such as drivers and agents to beloaded on your system in order to take advantage of all support solutions andcapabilities. This may involve performing routine diagnostic procedures,installing additional software updates or patches, removing third-partyoptions, and/or substituting options.That periodic backup copies of your files,data, or programs stored on your hard drive or other storage devices as aprecaution against possible failures, alteration, or loss. Before returning anyMBS Hardware Product for warranty support, back up your files, data, andprograms, and remove any confidential, proprietary, or personal information.
10. Where a specific hardware product problem is found to be caused by asuperseded BIOS/firmware revision on an MBS component, MBS will either bringthe firmware up to the latest revision, by exchanging the affected componentunder warranty, or will recommend that the customer upgrade the firmware whereappropriate. It is essentially the responsibility of the customer to ensurethat their software is compatible with the latest BIOS/firmware revision andupgrade their firmware to keep it synchronised with the new software releases.
11. Software is not covered under the warranty.
Exclusions ofliability:
1. Except where provided otherwise in these conditions, the Seller shall beunder no liability of whatever kind howsoever caused whether or not due to thenegligence or willful default of the Purchaser or its servants or agentsarising out of or in connection with the goods. All conditions, warranties orother terms, whether expressed or implied, statutory or otherwise, are herebyexpressly excluded providing that nothing in this paragraph shall exclude orrestrict any liability of the company for death or personal injury resulting fromthe negligence of the Seller or its servants or agents.
2. MBS shall not be liable for any loss or damage sustained or incurred bythe customer or any third party (including without limitation any loss of useof the maintained products or loss of or spoiling of any of the customer?sprograms or data) resulting from any breakdown or fault in the maintainedproducts, unless such breakdown or fault is caused by the negligence or wilfulmisconduct of MBS its employees, agents or sub-contractors, or to the extentthat such loss or damage arises from any negligent delay by the Company inproviding the relevant services and then only to the extent not excluded by theagreement.
3. This Warranty does not apply to expendable or consumable parts and doesnot extend to any product from which the serial number has been removed,damaged or rendered defective;
i. as a result of accident, misuse,abuse, contamination, improper or inadequate maintenance or calibration orother external causes;
ii. by operation outside the standard usageparameters stated in the user documentation that shipped with theproduct(including burned monitor screens and incorrect input voltage);
iii. by software, interfacing, parts orsupplies not supplied by MBS
iv. improper site preparation ormaintenance
v. virus infection
vi. loss or damage in transit
vii. by modification or service by anyoneother than
(i) MBS
(ii) an authorizedMBS technician
(iii) your owninstallation of end-user replaceable MBS approved parts provided
4. MBS does not guarantee that the operation of this product will beuninterrupted or error-free. MBS is not responsible for damage that occurs as aresult of your failure to follow the instructions intended for the MBS hardwareproduct.
5. MBS is not responsible for any interoperability or compatibility issuesthat may arise when products, software, or options not supported by MBS areused; configurations not supported by MBS are used; parts intended for onesystem are installed in another system of different make or model.
6. Software: Except as provide in the applicable softwareend-user license or program license agreement, or if otherwise provided underlocal law, software products, including any software products, freeware oroperating systems preinstalled by MBS are provided ?AS IS? and with all faults,and MBS hereby disclaims all other warranties and conditions, either express,implied, or statutory, including, but not limited to, warranties of title andnon-infringement, any implied warranties, duties or conditions ofmerchantability, of fitness for a particular purpose, and lack of viruses. MBSdoes not provide support for software provided under public license by thirdparties, including operating systems or applications ("Freeware").Support for Freeware provided with MBS Products is provided by the Freewarevendor. Please refer to the Freeware operating system or other Freewareapplication support statements.
7. The Seller shall not be liable for the loss of or damage to softwareprograms, data, or removable storage media during the repair or upgrade of anygoods whether or not the same are under warranty. Nor is MBS responsible forthe restoration or reinstallation of any programs or data other than that ofsoftware installed by MBS when the product was manufactured. Before returningor requesting an engineer for service of a unit, all data confidentialpropriety, or personal information must be backed up and removed.
8. Even with the above processes, any purchaser reluctant to returndefective disks due to confidential data contained on the disks may retain theoriginal disk and will be required to purchase a replacement disk to affect therepair.
9. MBS?s warranty obligation extends only to products, options, and partsmanufactured or distributed by MBS. The warranty term is limited to thehardware components and required firmware. It DOES NOT include any softwareapplications or programs or peripherals. All non MBS built and peripherals externalto the Hardware Product? such as external storage subsystems, displays,printers and other peripherals?are provided ?AS IS? without Millenniumwarranty. However, non-Millennium manufacturers and suppliers, or publishersmay provide their own warranties directly.
10. MBS is not liable for any claim made by a third party or made by you forthe third party. This limitation of liability applies whether damages aresought, or a claim made, under this limited warranty or as a tort claim(including negligence and strict product liability), a contract claim or anyother claim.
11. If MBS determines that damage/failure that exists is not covered by thewarranty -- i.e. failure of third party software, alteration to purchasedsoftware or peripherals etc. -- the end user will be contacted to determinewhether such damage/failure should be repaired for a charge or whether theProduct should be returned to the end user as received. Where an engineer isalready onsite £99 ex vat will be invoiced to the Purchaser for an incorrectcallout. All associated transportation and handling costs are also charged tothe Purchaser.
12. If the Seller is prevented at any time from performing any contractualobligation, or if any loss, damage or injury or delay in delivery is occasionedby or due to any cause beyond the Seller?s control including (but withoutprejudice to the generality of the foregoing expression) the commission of anycriminal act shortage of goods, act of war (whether declared or not), civilcommotion, accident, strikes or lockouts, Act of God or any restriction imposedby any local municipal government authority (including Customs Authorities)whether British or foreign, the Company shall be entitled forthwith todetermine the contract and to be discharged from all liabilities whatsoever tothe Purchaser and the Seller shall not be liable for any such loss or damage,injury or delay as aforesaid.
13. All marking and/or branding of MBS products must be removable. If themarked or branded product cannot be refurbished by MBS for use (eg. thebranding or tagging removed), then the customer may require to purchase areplacement part or unit. Where marking and/or branding cannot be removed, thenthe Part credit element of a service event may not be paid.
These terms and conditions apply to all transactions, please read themcarefully. By purchasing from MBS you are entering a legally binding contract.It does not affect you statutory rights.We may change these terms andconditions at any time.