|Terms and Conditions
1. Order Acceptance: The following outline the terms and conditions upon which Pos Software.org.uk accepts orders for goods and services and constitutes the agreement between parties. These terms and conditions will supersede any agreement or document, including terms and conditions that are part of a purchase order sent to Pos Software by the BUYER. By issuing a purchase order, BUYER is deemed to have accepted these terms.
2. Pricing: List prices can be obtained by visiting www.possoftware.org.uk or contacting our Customer Services on 0044 (0) 1243 860697
3. POS SOFTWARE.ORG.UKl reserves the right to change pricing without notice.
4. Standard Orders: No minimum order quantity is required. Orders cannot be revised or cancelled once a delivery note has been created. Additions to orders once a delivery note has been created must be entered on a separate order and may therefore be subject to additional shipping charges.
5. Shipping: Typically orders are shipped Monday through Thursday for next day delivery UK only. Orders received on Fridays are shipped Monday for next day delivery. Saturday delivery may be requested at an additional charge, Pos Software are not liable for any loss or damage during the course of shipment. This includes accidents, theft, vandalism, labour difficulties, or disputes, weather extremes, other acts of nature, or other circumstances causing a delay in delivery. Shipping and handling charges will be prepaid and added to your invoice.
6. Returned Goods: Pos Software should be notified immediately by phone on 01243 860697 followed by written documentation of any claims for shortages, incorrect items, or defects. All returns must be authorised by Pos Software, please contact Customer Service department to request authorisation to return, information, or clarification of our policies.
7. Restocking Fee: In the case of a purchasing error or change in order subsequent to shipping the product, Pos Software will charge a 25% restocking fee or minimum of Â£25 whichever is greater. All return shipping costs are to be paid by the Buyer. If Epos Retail makes a shipping error, the product can be returned at Epos Retails expense and no restocking fee will apply.
8. Payment Terms: Terms are net 30 days from date of invoice. Epos retail shall have the right to delay shipment or suspend support under any agreement, if payment under any agreement or order between Buyer and Pos Software is not received when due. Buyer warrants that it has funds or approved funding for all payments to be required under any purchase order placed or agreement executed with Pos Software. If Buyer fails to pay any invoice when due, Epos Retail may also charge Buyer a late payment charge equal to the lesser of 2 percent (2%), or the maximum permissible rate under UK Law, per month on the outstanding balance. If you are a tax-exempt agency, please submit a copy of your tax exemption certificate with your purchase order or fax a copy to Pos Software, Attention: Accounts Department 0044 (0) 1243 860697.
9. Special Orders and Custom Configuration: Pos Software sole liability in the event that a product does not conform to the quantity and contents stated on the product label is limited to either replacement of the products or refund of the purchase price. Pos Software is not liable for property damage, personal injury or economic loss caused by the product. Notwithstanding anything to the contrary in these terms and conditions, Pos Software makes no representations or warranties with respect to any materials provided Custom orders are typically DEVELOPED within four to six weeks.
10. Information Provided to Third Party Suppliers: POS SOFTWARE may provide your information to suppliers of suppliers of hardware and software included in its product range, or to integrators or other subcontractors whom pos software uses in development or manufacture This information would be limited to product, purchase date, customer name and address and would be used for warranty claim or recall purposes only
11. Software Warranties: possoftware.org.uk guarantees that its software will work on computer platforms sold by pos software provided the operating system or hardware is not modified or changed in any way, the epos application and system software and related documentation are licensed to you by POS SOFTWARE. You own the media on which the software is recorded, but Epos Retail retains title to the pos software products sold and developed by us. This license allows you to use the software on a single computer and to make one copy of the software in machine readable form for backup purposes only. The Software contains copyrighted material, trade secrets, and other proprietary information, and in order to protect them, you may not decompile, reverse engineer, disassemble, or reduce the software to human-perceivable form. The software and related documents are provided as is and without warranty of any kind. POSSOFTWARE does not warrant that the functions contained in the software will meet your requirements, or that the operation of the software will be uninterrupted or error-free, or that defects in the software will be corrected. Software, when purchased after the Hardware purchase, will assume the warranty or maintenance service agreement duration of the hardware. If this purchase occurs during the last three months of the system warranty or maintenance service agreement, or later, it will be considered a stand-alone purchase and will receive a three month warranty from the date of installation or a four month warranty from date of shipment, whichever occurs first? Pos Software will replace, free of charge, any defective hardware provided that it is returned during the warranty period to POSSOFTWAREl. This limited warranty on the hardware and software runs only to the original Buyer and cannot be transferred or sold. This warranty does not apply if the product has been damaged by accident, abuse, misuse, misapplication or if the product has been modified. Optional software, not developed by pos software, will be warranted and supported by the third party software vendor (e.g. Microsoft, Verity Software House), not by epos retail.
12. The warranty period for all hardware sold to the customer by Epos retail is 12 months Monday through Friday 8:00 AM to 5:00 PM GMT local time. The twelve month warranty will begin upon installation or 2 days after the date of shipment, whichever occurs first. Only the original BUYER of the epos systems may enforce this warranty and this warranty applies only to products purchased and installed in the United Kingdom by an authorised Epos Retail service representative or another party approved by epos retail.
13. Catalogue or Consumable Price List (as the same may be modified from time to time). Hardware which fails within the warranty period, due to defects in materials or workmanship, provided that the equipment has been operated at all times in accordance with the instruction manual and user`s guide by, or under the direct supervision of an operator who has attended the Epos Retail Training Course for the epos system The warranty terms epos systems are set forth below and are described in the Service terms section of this document. Only the unexpired original warranty period on the equipment shall be in effect on any replacement parts, which may be new or reconditioned at the discretion of Epos Retail. Products not manufactured by Epos Retail are not covered by this warranty, but instead will carry any warranty direct from the specified manufacturer or supplier.
14. Options, Accessories, or Upgrades Warranties: Epos Retail offers warranties of varying periods on its Epos Packages, accessories, software or upgrades. Those purchased at the same time and will be covered by any subsequently purchased maintenance service agreements, though upgrades are not automatically included. Options purchased after the initial hardware purchase will assume the remaining warranty or maintenance service agreement of the original hardware. Unless the purchase occurs during the last three months of the system warranty or maintenance service agreement, or later, in which case it will be considered a standalone purchase and will receive a 60-day warranty from the date of installation or a 62-day warranty from the date of shipment, whichever occurs first.
15. Spare Parts Warranties:
A. Installation by an Authorised Epos Retail Service Representative: Time and Material parts are warranted for 60 days after installation or 62 days after shipment, whichever is shorter. If a repairable part fails within the warranty period it will be replaced at no charge. Labour and travel associated with the service visit is not covered and is considered billable.
B. Installation by Other Personnel: Epos retail does not provide a warranty on parts not installed by an authorized ER Service representative. No returns will be accepted or credits issued for material ordered via the Technical Support Centre or Customer Service Department.
Disclaimer Applicable to All Warranties
THE FOREGOING ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES WILL EPOSRETAILOR ITS CONTRACTORS OR AGENTS BE LIABLE TO THE BUYER OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, LOSS OF USE OF EPOS SYSTEM OR SOFTWARE OR REAGENTS, LOSS OF PROFIT OR ANY OTHER DAMAGES RESULTING FROM THE BREAKDOWN OR FAILURE OF ANY HARDWARE OR SOFTWARE OR DELAYS IN SERVICES OR THE INABILITY TO SERVICE ANY INSTRUMENT.
16. Limitation of Liability: Epos Retail Ltd liability is limited to repair, replacement of the product or refund of the purchase price. Additional disclaimers may apply to custom products and such disclaimers will appear in the quotation or other documentation provided with a custom order. No warranties apply to products that have been misused or improperly maintained.
17. Indemnification: Buyer acknowledges that it is fully responsible for its use of any Epos retail product and agrees to indemnify, defend, and hold harmless Epos Retail and its affiliates, officers, directors, employees, and agents against any and all third party liabilities arising from such use except to the extent such liabilities arise from the infringement of any Epos Retail products that infringe any valid UK patent of a third party when used in accordance with OUR HARDWARE.
18. Governing Law: Any order placed or contract made with Epos Retail Ltd shall be governed by the laws of the United Kingdom.