Terms & Conditions
By accessing, browsing and/or using the Utilize website you
agree to the following terms:
The contents of the Utilize website are copyright ©Utilize. All rights reserved.
Except solely for your own personal use, the contents of this site whether in part
or in whole cannot be reproduced, transferred, distributed or stored in any form
without the prior written permission of Utilize.
Utilize will use its reasonable endeavours to ensure that the information contained
on the Utilize website is correct at the time of publication, but Utilize reserves the
right to make subsequent changes to it, and services may be modified, supplemented or
withdrawn.
It is a condition of us allowing you access to the information on the Utilize website
that you accept we will not be liable for any action you take relying on the information
from this website. Utilize will not be liable if your use of materials or information
from the Utilize website results in the need for servicing, repair or correction of equipment
or data, you assume any costs relating to the above. Utilize reserves the right to charge
for access to certain information on the website. Utilize will inform you where a charge
will be incurred by you for accessing certain services or information on the Utilize
website.
If your PC does not support relevant technology including but not limited to encryption
you may not be able to use certain services or access certain information on the Utilize
website.
Website product pricing. In the event a product on this website is listed at an incorrect
price due to a typographical error, Utilize plc shall have the right to refuse or cancel
any enquiries or orders placed for product(s) listed at the incorrect price.
You may not mirror any material contained on the Utilize website or any other server
without Utilize's prior consent.
Utilize assumes no responsibility for the content of any other websites to which the
Utilize website has links. In a few areas on the Utilize website we ask you to provide
information that will enable us to keep you informed of our latest products and services
after your visit to the Utilize website. It is completely optional for you to participate.
The information you provide on this website may be held and used by us for any of the
following purposes: orders and/or accounts, dealing with enquiries or complaints, crime
and fraud prevention, marketing our products and services or (subject to any objection or
preference you may indicate when submitting your personal details to us via this website)
for sending information to you about our products and services from time to time. In
addition, we may use information about you provided by credit reference agencies to help
us make credit decisions and prevent fraud.
We may disclose your information to other group companies, including their respective
partners, agents and sub-contractors, for any of the above purposes. In addition we may
disclose your information to credit agencies, and to other people in relation to enquiries
concerning the prevention and detection of fraud or crime, or the apprehension or
prosecution of offenders or as may be required by law or legal proceedings.
You agree not to cause, nor knowingly allow others to cause, any nuisance, annoyance or
inconvenience whether to Utilize or any of its customers or users of the Utilize website
by any means including the use of the Utilize website services for persistently sending
unsolicited communications without reasonable cause.
The service is accessed via the World Wide Web, which is independent of the service and
Utilize. Your use of the World Wide Web is solely at your own risk and subject to all
applicable national and international laws and regulations. Utilize has no responsibility
for any information or service obtained by you on the World Wide Web.
Utilize excludes all liability whether in contract, tort (including liability for
negligence) or otherwise for the accuracy, suitability, quality or completeness of any
information and the value and integrity of goods and services offered by third parties
over the Utilize website service. You acknowledge that we have no control over and we
exclude all liability for any material on the World Wide Web, which can be accessed by
using the Utilize website service.
We may suspend or vary the whole or any part of the service offered by the Utilize
website for any reason at any time at our sole discretion.
Utilize reserves the right to vary the terms of this contact from time to time. Such
variations becoming effective immediately upon posting of the varied contract on the
Utilize website. By continuing to use the Utilize website services you will be deemed
to accept such variation.
1.1 Utilize shall sell and the Buyer shall purchase the goods in accordance with any
written quotation of Utilize, once the Buyer has placed an order such Contract being
subject to these Conditions, which shall govern the Contract to the exclusion of any
other terms and Conditions.
1.2. An order received by Utilize shall be binding. However Utilize reserves the right
at its absolute discretion, to refuse any order.
2.1. No order, which has been accepted by Utilize, may be cancelled by the Buyer except
with the agreement in writing of Utilize and on terms that the Buyer shall pay fifty
per cent of the sale value plus VAT of the cancelled order.
2.2. Except as otherwise stated under the terms of any quotation or in any price list
of Utilize, and unless otherwise agreed in writing between the Buyer and Utilize, all
prices are given by Utilize on an ex works basis, and where Utilize agrees to deliver the
Goods the Buyer shall be liable to pay Utilize charges for transport, packaging and
insurance.
3.1. Any dates quoted for delivery of the Goods are approximate only and Utilize 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 Utilize in advance of the quoted delivery date upon giving reasonable
notice to the Buyer.
4.1. Risk of damage to or loss of the Goods shall pass to the Buyer:
4.1.1. In the case of Goods to be delivered at Utilize's premises, at the time when
Utilize notifies the Buyer that the Goods are available for collection; or
4.2. 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 Utilize 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 Utilize to the Buyer for which payment is
then due and payable according to agreed terms, and if not paid with in the agreed terms
Utilize has the right to repossess and collect all Goods not paid
4.3. Where the Goods are sold subject to a Finance Rental Agreement and the Buyer is
subsequently turned down for credit, and then the full Product/Service/Licensing value
will become due and payable to Utilize.
5.1. Utilize shall be under no liability in respect of the quality condition or
description of the Goods or their fitness for any particular purpose, or for delay in the
manufacture or delivery of the Goods, or for any loss or damage howsoever caused and
any term condition or warranty or representation to the contrary whether express or
implied by statute or otherwise is hereby expressly excluded.
6.1.1. Utilize shall be under no liability in respect of any defect in the Goods
arising from any drawing, design or specification supplied by the Buyer, and will not
be liable for consequential loss of any kind howsoever arising from the use or non-use
of the Product/Service/Licensing or any other Product/Service/Licensing loss of profit,
business, revenue, goodwill or anticipated savings, direct or indirect damage to the
Product/Service/Licensing or property of the buyer, howsoever caused. Utilize the seller
can not be held responsible for any loss or disruption caused by delays to installation
or conversion, neither for any downtime during a installation or conversion process.
6.1.2. Utilize the Seller shall be under no liability in respect of any defect arising
from fair wear and tear, wilful damage, negligence, abnormal working Conditions, failure
to follow Utilize's instructions (whether oral or in writing), misuse or alteration or
repair of the Goods without the Utilize's approval. No warranty of any kind shall given
or extend to parts, materials, software or Product/Service/Licensing not manufactured
by the Seller, in respect of which the Buyer shall only be entitled to the benefit of
any such warranty or guarantee as is given by the software writer's or/and the
manufacturer's to the Seller.
7.1. If any competent authority to be invalid or unenforceable in whole or in part
holds any provision of these Conditions the validity of the other provisions of these
Conditions and the remainder of the provision in question shall not be affected
thereby.