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Terms of Sale

 

Welcome to our online store! Systems Express LTD and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.

PRIVACY
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.

ELECTRONIC COMMUNICATIONS
When you visit Systems Express LTD or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Systems Express LTD or its content suppliers and protected byUnited States and international copyright laws. The compilation of all content on this site is the exclusive property of Systems Express LTD, with copyright authorship for this collection by BWS, and protected by U.S. and international copyright laws. The software application provider and author for "osCommerce", is used under the GNU GENERAL PUBLIC LICENSE and all original authorship and credit for osCommerce remains the intellectual rights of www.oscommerce.com.

TRADEMARKS
Systems Express LTDs trademarks and trade dress may not be used in connection with any product or service that is not Systems Express LTDs, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Systems Express LTD. All other trademarks not owned by Systems Express LTD or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Systems Express LTD or its subsidiaries.

LICENSE AND SITE ACCESS
Systems Express LTD grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Systems Express LTD. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Systems Express LTD. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Systems Express LTD and our associates without express written consent. You may not use any Meta tags or any other "hidden text" utilizing Systems Express LTD’s name or trademarks without the express written consent of Systems Express LTD. Any unauthorized use terminates the permission or license granted by Systems Express LTD. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Systems Express LTD so long as the link does not portray Systems Express LTD, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Systems Express LTD logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Systems Express LTD and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of":spam.": You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Systems Express LTD reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Systems Express LTD and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Systems Express LTD and its associates and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Systems Express LTD or its associates for all claims resulting from content you supply. Systems Express LTD has the right but not the obligation to monitor and edit or remove any activity or content. Systems Express LTD takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS
All items purchased from Systems Express LTD are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS
Systems Express LTD and its associates attempt to be as accurate as possible. However, Systems Express LTD does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Systems Express LTD itself is not as described, your sole remedy is to return it in unused condition within 2 weeks from the date that the goods were received. 
Systems Express will always aim to replace the incorrect products, however, there may be an additional charge if the replacement is of a higher value. In this case, Systems Express will inform the buyer of any additional charges which will be the responsibility of the buyer. In the event that a suitable replacement is not available, or additional charges are not agreeable by both parties, then only will a credit for the product be issued one the goods have been returned and checked by Systems Express. Credits will not be issued if replacements are available, unless otherwise expressively stated in writing by Systems Express.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided by Systems Express Ltd on an "as is" and "as available" basis. Systems Express Ltd makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, Systems Express Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Systems Express Ltd does not warrant that this site, its servers, or e-mail sent from Systems Express Ltd are free of viruses or other harmful components. Systems Express Ltd will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

ORDERS
A. No terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or similar document will form part of the Contract, whether as a result of such document being referred to by the Buyer or Systems Express Ltd or otherwise.
B. Systems Express Ltd will not accept orders which are less than the Minimum Order Value of GBP £100.00 (excluding VAT, taxes, and carriage).
C. No order which Systems Express Ltd has accepted may be cancelled by the Buyer at any time, except with the written agreement of Systems Express Ltd.

CANCELLATIONS
A. Cancellation of an order after receipt of Purchase Order and commencement of processing of said order will result in a cancellation fee of 25% of the agreed upon sale price.
B. Cancellation of Purchase Order on pre-paid accounts, after receipt of payment and commencement of order processing, will result in a cancellation/re-stock fee of 80% of the agreed upon sale price.

RETURNS
A. No order which has been issued by the Customer and accepted by Systems Express Ltd may be cancelled either before or after delivery of the Goods without the written agreement of Systems Express Ltd which may be withheld or granted on such terms as Systems Express Ltd may in its discretion decide.
B. If Systems Express Ltd does agree to a return after the Goods have been shipped then the Customer will, at its expense, return the Goods to Systems Express Ltd’s premises in the same condition as despatched, and the Customer will be charged a restocking fee of 50% of the price of the Goods.

WARRANTY
A. The standard warranty period offered by Systems Express is 30 days from the date of invoice unless stated otherwise in writing.
B. The warranty terms operated by Systems Express are Return To Base (RTB). By sending an order, the customer agrees that in the event of receiving a product they deem faulty or defective, it will be the customer's responsibility to return the product back to Systems Express at their cost. All products returned back to Systems Express are subject to testing before they can be deemed defective. If the products are confirmed to be defective, Systems Express agree to return the repaired product or a suitable replacement at Systems Express’s cost. In the event that the returned product is deemed to be working and fit for purpose, the same unit will be returned back to the customer at the customers' expense, unless otherwise agreed. Systems Express will always aim to replace defective products if the product cannot be repaired. In the event that a suitable replacement is not available, then only will a credit for the product be issued. Credits will not be issued if replacements are available, unless otherwise expressively stated in writing by Systems Express

OWNERSHIP
A. Ownership of the Goods will not pass to the Customer until Systems Express Ltd has received in full all sums due to it in respect of the Goods and all other sums which are or which become due to Systems Express Ltd from the Customer on any account.
B. Until ownership of the Goods has passed to the Customer, the Customer must:-
i. Hold the Goods on a fiduciary basis as the bailee of Systems Express Ltd;
ii. Store the Goods in such a way that they remain readily identifiable as the property of Systems Express Ltd;
iii. Maintain the Goods in a satisfactory condition and keep them insured on behalf of Systems Express Ltd for their full risk against normally insurable risks.
iv. Hold the proceeds of any such insurance on trust for Systems Express Ltd and not mix them with any other money.
C. The Customer may resell the Goods before ownership has passed to it solely on the following conditions:-
i. any sale shall be effected in the ordinary course of the Customer’s business at full market value; and
ii. any such sale shall be a sale of Systems Express Ltd’s property and the Customer shall deal as Systems Express Ltd’s agent and owe a fiduciary duty to Systems Express Ltd in relation to such sale; and
iii. the Customer shall hold such part of the proceeds of sale as representing the amount owed by the Customer to Systems Express Ltd on behalf of Systems Express Ltd and the Customer shall account to Systems Express Ltd accordingly.
D. The Customer’s right to possession of the Goods shall terminate immediately if:-
i. any payments due from the Customer to Systems Express Ltd under the Contract are not paid on the due date; or
ii. the Customer has a bankruptcy order made against him or makes an arrangement or composition with his creditors or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors or (being a body corporate) convenes a meeting of creditors (whether formal or informal) or enters into liquidation (whether voluntary or compulsory) or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed  or a petition presented to any court for the winding up of the Customer or for the granting of an administrative order in respect of the Customer or any proceedings are commenced relating to the insolvency of the Customer;
iii. the Customer suffers or allows any execution, whether legal or equitable, to be levied on its property or obtained against it or fails to observe or perform any of its obligations under the Contract or any other contract between Systems Express Ltd and the Customer or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Customer ceases to trade; or
iv. the Customer encumbers or in any way charges any of the Goods.
v. The Customer grants to Systems Express Ltd its agents and employees an irrevocable license at any time to enter any premises where the Goods are or may be stored in order to inspect them or where the Customer’s right to possession has terminated, to recover them.

LIMITATION OF LIABILITY
A. Subject to clause (b) below:-
i. Systems Express Ltd’s total liability to the Customer in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise for any Liabilities incurred by the Customer arising from or in connection with the supply of the Goods or Services under the Contract shall be limited to the total price payable by the Customer to Systems Express Ltd for the Goods or Services under the Contract.
ii. Systems Express Ltd shall not be liable to the Customer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (however caused) which arise out of or in connection with the Contract.
iii. Nothing in these terms and conditions excludes or limits the liability of Systems Express Ltd for death or personal injury caused by its negligence or fraudulent misrepresentation.

TERMINATION
If any of the circumstances occur as specified in clause Ownership(d) above then without limiting any other right or remedy available, Systems Express Ltd may cancel the Contract or suspend any further deliveries of Goods or performance of Services under the Contract without any liability to the Customer.

GENERAL
A. Failure or delay by Systems Express Ltd in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
B. Any waiver by Systems Express Ltd of any breach of or any default under any provision of the Contract by the Customer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
C. The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
D. The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English Law and the parties submit to the exclusive jurisdiction of the English Courts.

DISPUTES
Any dispute relating in any way to your visit to Systems Express LTD or to products you purchase through Systems Express LTD shall be submitted to confidential arbitration in the United Kingdom, except that, to the extent you have in any manner violated or threatened to violate Systems Express LTDs intellectual property rights, Systems Express LTD may seek injunctive or other appropriate relief in any court in the United Kingdom, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Advisory, Conciliation and Arbitration Service (ACAS). The arbitrators’ award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Systems Express LTD. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

QUESTIONS:
Questions regarding our Terms of Service, Privacy Policy, or other policy-related material can be directed to our support staff by clicking on the "Contact Us" link in the side menu. Or you can email us at info@systems-express.com