1. Interpretation

1.1 In these conditions:
" BUYER" means the person who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller.

"GOODS" means the Goods (including any instalment of the Goods or any parts for them) which the Seller is to supply in accordance with these Conditions.

"SELLER" means OCM Business Systems Ltd (laptopsgoingcheap.com) registered in England under number .

"CONDITIONS" means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller.

"CONTRACT" means the Contract for the purchase and sale of the Goods.

"WRITING" includes telex, cable, facsimile, email transmission and comparable means of communication.

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

l.3 The headings in these Conditions are for convenience only and will not affect their interpretation.

2. Basis of the Sale

2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written Order of the Buyer which is acceptable to the Seller, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such Order is made or purported to be made by the Buyer.

2.2 No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Buyer and the Seller.

2.3 All Statements (whether written or oral), descriptions, drawings, sketchings, photographs, illustrations, diagrams, or specifications concerning the Goods made or given by or on behalf of the Seller before Contract, whether in catalogues, brochures, leaflets, pricelists or otherwise, are for the purpose of information and guidance only.

2.4 The Sellers employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.

2.5 Any advice or recommendation given by the Seller or his employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer's own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.

2.6 Any typographical, clerical or other error or omission in any sales literature, quotation, pricelist, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

2.7 Where Goods are sold by reference to description in a catalogue, the Goods are sold subject to the tolerances and variations expressed or implied in the catalogue. In that design and sources of supply may change from time to time, the Seller may have the right to supply Goods of altered design or from the new source of supply.

3. Orders and Specifications

3.1 No Order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller's authorised representative.

3.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any Order (including any applicable specifications) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.

3.3 The quantity, quality and description of and any specification for the Goods shall be those set out in the Seller's quotation (if accepted by the Buyer), or the Buyer's Order (if accepted by the Seller).

3.4 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements or, where the Goods are to be supplied to the Seller's specification, which do not materially affect their quality or performance.

3.5 No Order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.

4. Price of the Goods

4.1 The price of the Goods shall be the Seller's quoted price. All prices quoted are valid while stocks last only, after which time they may be altered by the Seller without giving notice to the Buyer.

4.2 The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increases in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.

4.3 Except as otherwise stated in the terms of any quotation or in any pricelist of the Seller, and unless otherwise agreed in Writing between the Buyer and Seller, all prices are given by the Seller include free delivery to UK Mainland only any additional delivery costs shall be passed on to th buyer.

4.4 The price is exclusive of any applicable Value Added Tax, which the Buyer shall be additionally liable to pay the Seller.

4.5 The cost of pallets and returnable containers will be charged to the Buyer in addition to the price of the Goods, but full credit will be given to the Buyer provided they are returned undamaged to the Seller before the due payment date.

5. Terms of Payment

5.1 Subject to any special terms agreed in Writing between the Buyer and the Seller, the Seller shall be entitled to invoice the Buyer for the price of the Goods on or at any time after delivery of the Goods, unless the Goods are to be collected by the Buyer, or the Buyer wrongfully fails to take delivery of the Goods, in which event the Seller shall be entitled to invoice the Buyer for the price at any time after the Seller has notified the Buyer that the Goods are ready for collection or (as the case may be) the Seller has tendered delivery of the Goods provided always that the Seller reserves the right to request a remittance from the Buyer upon the Buyer placing an Order for Goods with the Seller.

5.2 Goods will be dispatched once “cleared” funds have been received.

5.3 The Buyer shall pay the price of the Goods (less any discount to which the Buyer is entitled, but without any other deduction) on dispatch of the goods. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.

5.4 If the Buyer fails to make any payment on the due date, then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:

5.4.1 Cancel the Contract or suspend any further deliveries to the Buyer;

5.4.2 Appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other Contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and

5.4.3 Charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 2% per annum above Barclays Bank base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

5.4.4 Where an Order is placed for Goods having a total invoice value (excluding Value Added Tax and any additional transport, insurance, packing and/or additional costs) of less than £25.00, the Seller reserves the right to make an additional handling charge of £6.00.

6. Delivery

6.1 Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller's premises at any time after the Seller has notified the Buyer that the Goods are ready for collection, or, if some other place for delivery is agreed by the Seller, by the Seller delivering the Goods to that place.

6.2 Any dates quoted for delivery of the Goods are approximate only, and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in Writing. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.

6.3 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate Contract, and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.

6.4 If the Seller fails to deliver the Goods for any reason other than any cause beyond the Seller's reasonable control or the Buyer's fault, and the Seller is accordingly liable to the Buyer, the Seller's liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar Goods to replace those not delivered over the price of the Goods.

6.5 If the Buyer fails to take delivery of the Goods within l4 days or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer's reasonable control, or by reason of the Seller's fault), then, without prejudice to any other rights or remedy available to the Seller, the Seller may:

6.5.1 Store the Goods until actual delivery and charge the buyer for the reasonable cost (including insurance) of storage; or

6.5.2 Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract, or charge the Buyer for any shortfall between the price under the Contract.

7. Risk and Property

7.1 Risk of damage to or loss of the Goods shall pass to the Buyer:

7.1.1 In the case of Goods to be delivered at the Seller's premises, at the time when the Seller notifies the Buyer that the Goods are available for collection; or

7.1.2 In the case of Goods to be delivered otherwise than at the Seller's premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.

7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be sold by the Seller to the Buyer for which payment is then due.

7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller's fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties, and properly stored, protected and insured, and identified as the Seller's property. Until that time, the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business, but shall account to the Seller for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the Buyer and third parties, and, in the case of tangible proceeds, properly stored, protected and insured.

7.4 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.

7.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so, all monies owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.

8. Warranties and Liability

8.1 Subject as expressly provided in the seller 90 day limited warranty only on hardware. Software is warranted solely by the manufacturer of the software title. The seller warrants to the buyer that the product(s) will be free from defects in materials and workmanship as stated on your invoice from the date of purchase. In accordance with terms and conditions of this limited warranty, the seller will either repair of replace any product, which is shown to be defective. The Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller save that the Buyer shall in relation to goods where the manufacturers warranty has elapsed at the Seller's discretion be entitled to a warranty specified by the Seller.

8.2 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act l977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

8.3 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions Restrictions on Statements) Order l976, the statutory rights of the Buyer are not affected by these Conditions.

8.4 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specifications shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 2 days from the date of delivery or (where the defect or failure was not apparent upon reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.

8.5 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions the Seller shall be entitled to replace the Goods (or the parts in question) free of charge or, at the Seller's sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.

8.6 Except in respect of death or personal injury caused by the Seller's negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses, or other claims for consequential compensation whatsoever (and whether caused by negligence of the Seller, its employees or agents or otherwise), which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.

8.7 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller's obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller's reasonable control:

8.7.1 Act of God, explosion, flood, tempest, fire or accident;

8.7.2 War or threat of war, sabotage, insurrection, civil disturbance or requisition;

8.7.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

8.7.4 Import or export regulations or embargoes;

8.7.5 Strikes, lock-outs, or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);

8.7.6 Difficulties in obtaining raw material, labour, fuel, parts or machinery;

8.7.7 Power failure or breakdown in machinery.

8.8 The Buyer warrants as to the fitness and safety of its premises should an employee or agent of the Seller be required to enter the Buyer's premises for whatsoever reason notwithstanding the Buyer's duties under The Occupiers Liability Act 1957

8.9 To obtain service under this limited warranty, Customer must have a Return Material Authorizatioin (RMA) number before returning any item. Refer to the RMA section on the website. RMAs must be received within 5 days from the date that the RMA was issued.

8.10 Customer must remove all components that Customer has installed in the product and must securely pack the product in its original packaging. ALL warranty stickers must be sealed with no warranty stickers broken or peeled. ALL miscellaneous materials, such as manuals, accessories, cables, and other peripherals, MUST be included. If any of these materials are missing, the RMA will not be processed until these items are obtain. The authorization number MUST be on the shipping label on the carton. Items that do not have an RMA number on the shipping label will not be accepted or processed. The seller will not be responsible for the loss of any data, it is the sole responability of the customer to backup all information prior to dispatch of the machine.

8.11 BATTERIES ARE NOT COVERED UNDER WARRANTY.

8.12 The Seller shall be under no liability in respect of any defect arising from wilful damage, fair wear and tear, misuse or alteration or repair of the Goods without the Seller's approval, negligence, abnormal working conditions, failure to follow the Seller's instructions (whether oral or in writing), failure to maintain or service the Goods in accordance with any manufacturer's recommendations.

9. Buyer's Duty to Take Care

9.1 The Goods may be dangerous if not properly used or stored, and the appropriate precautions taken. The Buyer accordingly agrees that it shall take all such steps as are reasonably practicable or usual to eliminate or reduce any risk to health and/or safety to which use of the Goods may give rise, and acknowledges that where the Goods are manufactured to a design supplied by the Buyer, the Seller will not undertake any research as to the risks to health and/or safety which may arise from use or storage of the Goods. Where the Goods are manufactured to a design supplied by the Buyer, the Buyer shall comply with all the duties imposed by Section 6 of the Health and Safety at Work etc. Act l974 on designers, and further shall comply with all other duties which may be implied at law on a designer and/or manufacturer of the Goods.

9.2 The Buyer shall indemnify the Seller against any claim, proceedings, costs, loss, damage or liability suffered by the Seller as a result of any failure by the Buyer, or any other person in control of the Goods, to take such steps or ensure compliance with the duties referred to in 9.1 above.

10 Indemnity

10.1 Save as is herein before expressly provided for in Clause 3.4, if any claim is made against the Buyer that the Goods infringe or that their use or resale infringes the patent, copyright, design, trademark or other industrial or intellectual property rights of any other person, the Seller shall indemnify the Buyer against all loss, damages, costs and expenses awarded against or incurred by the Buyer in connection with the claim, or paid or agreed to be paid by the Buyer in settlement of the claim, provided that:

10.1.1 The Seller is given full control of any proceedings or negotiations in connection with any such claim.

10.1.2 The Buyer shall give the Seller all reasonable assistance for the purposes of any such proceedings or negotiations;

10.1.3 Except pursuant to a final award, the Buyer shall not pay or accept any such claim or compromise any such proceedings without the consent of the Seller (which shall not be unreasonably withheld);

10.1.4 The Buyer shall do nothing which would or might vitiate any policy of insurance or insurance cover which the Buyer may have in relation to such infringement, and this indemnity shall not apply to the extent that the Buyer recovers any sums under any such Policy or cover (of which the Buyer shall use his best endeavours to do);

10.1.5 The Seller shall be entitled to the benefit of, and the Buyer shall accordingly account to the Seller for, all damages and costs, (if any) awarded in favour of the Buyer which are payable by or agreed with the consent of the Buyer, (which consent shall not be unreasonably withheld) to be paid by any other party in respect of any such claim; and

10.1.6 Without prejudice to any duty of the Buyer, at common law, the Seller shall be entitled to require the Buyer to take such steps as the Seller may reasonably require to mitigate or reduce any such loss, damages, costs, or expenses for which the Seller is liable to indemnify the Buyer under this clause.

11. Insolvency of Buyer

11.1 This clause applies if:

11.1.1 The Buyer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm), becomes bankrupt or (being a Company), goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or

11.1. An encumbrance takes possession or a receiver is appointed, of any of the property or assets of the Buyer; or

11.1.3 The Buyer ceases, or threatens to cease, to carry on business; or

11.1.4 The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer, and notifies the Buyer accordingly.

11.2 If this clause applies, then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable, notwithstanding any previous agreement or arrangement to the contrary.

12. Export Terms

12.1 In these Conditions "Incoterms" means the International Rules for the Interpretation of Trade Terms of the International Chamber of Commerce as in force at the date when the Contract is made. Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions, but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.

12.2 Where the Goods are supplied for export from the United Kingdom, the provisions of this clause 12 shall (subject to any special terms agreed in writing between the Buyer and Seller) apply notwithstanding any other provision of these Conditions.

12.3 The Buyer shall be responsible for complying with any legislation or regulations governing the importation of Goods into the Country of destination and for the payment of any duties thereon.

12.4 Unless otherwise agreed in writing between the Buyer and the Seller, the Goods shall be delivered FOB the air or sea port of shipment and the Seller shall be under no obligation to give notice under Section 32(3) of the Sale of Goods Act l979.

12.5 The Buyer shall be responsible for arranging for testing and inspection of the Goods at the Seller's premises before shipment. The Seller shall have no liability for any claim in respect of any defect in the Goods which would be apparent on inspection and which is made after shipment, or in respect of any damage during transit.

13. General

13.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing, addressed to that other party at its registered office, or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

13.2 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

13.3 If any provision of the Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

13.4 Any dispute arising under or in connection with these Conditions or the sale of the Goods shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the President for the time being of The Law Society.

13.5 This warranty does not cover any defect caused by accident, negligence, misuse, theft, vandalism, fire, water, or other peril, exposures to extremes of temperature, dust, or humidity, or improper electrical power or installation of components or other maintenance by anyone other than by the seller. THERE ARE NO EXPRESSED AND IMPLIED WARRANTIES, INCLUDING THOSE OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY (AN UNWRITTEN WARRANTY THAT THE PRODUCT IS FIT FOR ORDINARY USE) EXCEPT AS SET FORTH HEREIN. The seller WILL NOT PAY FOR ANY LOSS OF TIME, INCONVENIENCE, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ITS FAILURE TO WORK, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

13.6 This limited warranty is the sole and exclusive warranty which The Seller extends on the product and it sets forth all of the Sellers responsibilities regarding the product. All other warranties are disclaimed. Repair or replacement of the product during the warranty period is Customer’s exclusive remedy.

14. Proper Law

The Contract shall be governed and construed according to English Law and the Buyer submits to the jurisdiction of the English Courts.

The provisions of the Contracts (Rights of Third Parties Act) 1999 shall not apply to this contract and a person who is not a party to this contract shall have no right under that Act to enforce any term of the contract

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