CInames.com Terms and Conditions

CInames.com Ltd. Terms of Business

Terms and conditions for doing business with our customers.

All orders for Products and/or Services accepted by the company are accepted subject to the following terms and conditions, to the exclusion of all others terms and conditions, which shall form part of and govern the contract for sale. Acceptance of Products and/or Services shall be deemed to be acceptance of these terms and conditions of business. Any term sought to be imposed by a Client either in a document or otherwise that conflicts with or adds to these terms and conditions is not accepted. No agent or representative of the Company has authority to vary these terms and conditions. These terms and conditions may only be varied in writing.

1. DEFINITIONS
1.1 'Client' means the persons who buys or agrees to buy the Products or Services from the Company.
1.2 'Company' means CInames.com Ltd.
1.3 'Conditions' means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by a Director.
1.4 'Delivery date' means the date specIfied by the Company when the Products or Services are to be delivered.
1.5 'Director' means a Director of the Company.1.6 'Price' means the Price for the Products and Services excluding carriage, packing, insurance and import taxes.
1.7 'Price Schedule' means the Company's prevailing prices from time to time.
1.7 'Products' means those goods specIfied.
1.8 'Sample' means an example of the IT Service/Product to be provided.
1.9 'Services' means those Services specIfied.

2. COST VARIATION
All work is carried out in accordance with the Prices. Any quotations given are normally based on the Price Schedule, but dIfferent quotations may be offered for non-standard work. In such cases quotations are based on the current costs of production and are subject to amendment by the Company on or at anytime after acceptance to meet any rise or fall in such costs.

3. DESIGN VARIATION
Whilst the Company makes every effort to ensure that the goods and Services supplied correspond to in every respect with the Sample the vendorr is not responsible for any minor variation in specIfication, in colour or other design features, and no such minor variation shall entitle the Client to rescind the contract or shall be the subject of any claim against the Company by the Client.

4. PAYMENT
4.1 All invoices are due for payment before the payment date shown on the invoice 'the payment date'. Time for payment shall be of the essence.
4.2 Payment is to be made in the currency in which it is demanded unless otherwise agreed in writing by a Director.
4.3 All overdue accounts will be charged, commercial interest at 5% above the base rate of the National Westminster Bank at the time on a daily basis from the Payment Date until the date of receipt of the payment by the Company. Such interest shall be payable on the full amount whether or not after judgement.

5. PRELIMINARY WORKWork carried out, whether experimentally or otherwise, at the customer's Request, will be charged for as non-standard work.

6. ADDITIONAL WORK
6.1 The Client agrees to pay the Company and hereby indemnIfies the Company for any loss or extra cost and expenses (including legal costs and expenses) incurred by the Company through the Client's instructions or the Clients failure or delay in taking delivery of products and/or services or through any acts or default on the part of the Client, its servants, agents or employees.
6.2 All Products and Services undergo a system of testing before delivery. If any additional testing is required by the Client the additional expense which is incurred thereby shall be borne by the Client.

7. GENERAL LIEN
7.1 The Company shall in respect of all unpaid debts due from the Client have a general lien on all goods and property in its possession and shall be entitled on the expiration of fourteen day's notice to the Client to sell or otherwise dispose of such goods or property as it thinks fit and to apply any proceeds towards such debts.
7.2 The copyright of any work produced under, or as a result of, a contract for purchase will remain the property of the Company until the Products and/or Services have been paid for in full.
7.3 Until such time as title to the Product has passed to the Client the Company shall be entitled to seek an injunction to prevent the Client from selling, transferring or otherwise disposing of the Product.
7.4 The Client grants the Company an irrevocable license to enter at any time any vehicles or premises owned, occupied or controlled by the Client, its servants, employees or agents or in its possession for the purpose of repossessing and removing any Products, the ownership of which has remained with the Company.

8. LIABILITY
8.1 Neither party shall be liable for any delay or failure to perform any of its obligations If the delays or failure results from events or circumstances outside its reasonable control and either party shall be entitled to a reasonable time for the performance of its obligations hereunder.8.2 Any notice required or permitted to be given by either party to the other under the Conditions shall be given in writing by registered post or airmail post, as appropriate, addressed to the other party at its registered office or principalle place of business or such other address as may at the relevant time have been notIfied pursuant to this provision to the other party giving. Notice shall be deemed to have been given 3 days following posting to an address in the Channel Islands, or 7 days following posting to an address elsewhere.
8.3 The Company shall not be liable for any loss, damages or costs of any nature ( including legal expenses) whatsoever sustained by the Client or by any person arising out of any errors in work produced or out of delay in completion or from any other cause whatsoever.
8.4 The Company shall not be liable for any costs, claims, damages or expenses (including legal expenses) arising out of any tortious act or omission or any breach of Contract calculated by reference to profits, income or accrual or loss of such profits income production or accrual or by reference to accrual of such costs, claims or damages or expenses on a time basis to the fullest extent of the law suffered by the Client or any other person whether direct, indirect, consequential, or howsoever arising.
8.5 Where instructions or advice are received or given orally by the Company, the Company shall have no liability to the Client for any misunderstanding or misinterpretation which may arise in relation thereto whether on the part of the Company or the Client.8.6 The Company shall not be liable for any loss or damage to the Products from the time that the Products are delivered by the Company or its carriers to the Client or his servants, agents or employees.

9. CONFIDENTIALITY
Each party agrees to treat the following as confidential and will not divulge the following to any third party without the prior written consent of the other party: details of the other's business operations, proprietary rights and techniques, contemplated new products and customer lists. This obligation does not relate to information which is or becomes public knowledge through no fault of either party or has been properly obtained through a third party lawfully entitled to possess the information.

10. HEADINGS
The headings of the Clauses in theses Conditions are intended for convenience of reference only and do not affect the meaning, construction or interpretation of these conditions.

11. UNLAWFUL OR TORTIOUS MATERIAL
The Company shall not be required to produce or print any matter which in its opinion is or may be of an unlawful, criminal, tortious or libellous nature.

12. INDEMNITY
The customer shall indemnIfy and keep indemnIfied the Company against all claims costs, demands and expenses against the Company or any of its employees, howsoever incurred arising out of the printing or distribution by the Company of any matter or the production by the Company of any Product that is or may be unlawful, criminal, tortious or libellous, or that infringes or may infringe any copyright, patent, proprietary rights or design.

13. FORCE MAJEURE
Every effort will be made to carry out the Conditions and any contract of sale, but their performance is subject to cancellation by the Company or to such variations it may find necessary as a result of inability to secure labour, materials, supplies, or as a result of any Act of God, strike, lockout or other labour dispute, accidents, reduction in or unavailability of power or telecommunications at the Company's premises, breakdown of machinery, war, fire, flood, drought, legislation or any other cause (whether of the foregoing class or not) beyond the Company's control.

14. WAIVER
Failure or neglect by the Company to enforce at any time, whether express or implied, any of the provisions hereof shall not be consTrued nor shall be deemed to be a waiver of the Company's rights thereunder nor in any way effect the validity of the whole or any part of the Conditions nor prejudice the Company's rights to take subsequent action.

15. REPRESENTATIONS
No statement, description, warranty, condition or recommendation contained in a Price Schedule, quotation, advertisement or communication or made verbally by any of the agents, servants or employees of the Company shall be consTrued to enlarge, vary or override in any way any of these Conditions.

16. LAW
16.1 If any provision of these terms and conditions shall be found to be unlawful or unenforceable it shall not affect the validity or enforceability of the remainder of the conditions.16.2 This contract is and shall be deemed to have been made in Guernsey and shall in all respects of construction, interpretation and performance be governed by Guernsey Law. The parties hereto hereby submit to the non-exclusive jurisdiction of the Guernsey Courts.

17. COMPLAINTS PROCEDURE
We aim to give outstanding service and value for money, however we recognize that from time to time issues can arise that need to be addressed. We are committed to resolving any such issues as quickly and efficiently as possible. Please contact us by E-Mail support@cinames.com or by Telephone 01481 711799.

Contact details: ( 01534 ) 515 414 Jersey, ( 01481 ) 711 799 Guernsey