Terms and Conditions of Use

General

All contracts of sale made by BMTH Limited trading as EZ Computers (hereafter 'The Company') shall be deemed to incorporate these terms and conditions (hereafter 'EZ Computers Standard Terms & Conditions') which shall prevail over any other document or communication from the party with whom the company is dealing (hereafter 'The Customer'). Any order shall be deemed to be an offer by The Customer to purchase goods and or services in accordance with these terms and conditions.

Price

All price lists, advertising matter or similar material issued by The Company are indicative only as to the price and range of services available from time to time and contained information shall not be binding on The Company. The price of services shall be the price quoted by The Company at the time of The Customer placing the order. The Company reserves the right to amend quoted prices any time prior to order placement.

Images

All images are the copyright of their respective owners and are not to be construed as exact representations of any product or service. The Company will endevour to ensure that all images are suitable for viewing and are indicative of the product or service to which they are attached. However, no responsibility for any decision by The Customer based upon any image or images will be accepted by The Company in the event of an incorrect purchase.

Payment

All goods remain the property of The Company until payment is received in full. All payment is in U.K. Sterling. Unless otherwise agreed in writing with The Company, The Customer shall pay the price and any other sums due in respect to the goods and or services supplied by The Company, on collection or shipment date.

Delivery

Delivery times quoted are estimates only and time shall not be the essence of the contract. In no circumstances shall The Company be liable to compensate The Customer in any way for late delivery or non-delivery of goods or services. Any missing items/discrepancies MUST be reported within 48 Hours of collection/delivery. Delivery shall be deemed to take place when the goods and or services have been delivered or completed by The Company.

Carriage, Post and Packing

Charges are made for all delivery options and will be invoiced to customers at the prevailing rate.

Prices

Goods are invoiced at the prices ruling at the time of ordering. VAT will be included with all goods or services supplied at the prevailing rate. The catalogue issued from time to time will remain current until updates or revisions are issued. Every effort is made to maintain the prices shown throughout the life of each catalogue. However The Company reserves the right to modify prices without prior notice.

Payment Terms

Payment shall be deemed to have been received only when the full amount of the value of the goods as invoiced has been credited to The Company's bank account without recourse or The Company has received the full amount in cash. If an invoice becomes overdue for payment the full outstanding amount becomes overdue and payable. The Company reserves the right to charge interest on overdue amounts at 3% above Lloyds TSB Bank PLC base lending rate for the time being in force calculated on a daily basis.

Product Specifications, Dimensions, etc

Whilst The Company will make every endeavour to deliver the goods as they are advertised in the Catalogue or any other Company brochure actual dimensions, specifications and quantities may in certain circumstances vary from those so advertised. The Company reserves the right without prior notice to vary the dimensions, specification and quantities of any goods without any liability to The Customer arising directly or indirectly from any such variation.

Supply

In the event that The Company is unable to supply goods as ordered by The Customer The Company reserves the right to offer goods of equal or superior quality comparable to or compatible with the goods ordered at the same price.

Property and Title

No property or title to goods and or services shall pass from The Company to The Customer unless and until the full amount of the value of the goods and or services as invoiced has been credited to The Company's bank account without recourse or The Company has received the full amount in cash and The Customer shall indemnify The Company against any loss or damage to the goods prior the passing of property therein whilst in The Customers custody. Risk of damage to or loss of the goods shall pass to The Customer at the time of delivery or, if The Customer wrongfully fails to take delivery of the goods, at the time when The Company has tendered delivery of the goods.

Force Majeure

In the event that The Company is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, The Company shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfillment is prevented.

Trade Name and Mark

Indications of trade names or marks (other than those of The Company) shown in catalogues or other documentation of The Company are not restricted to indications of manufacture but may be indicative of general use of systems, machines etc. associated with the use of such products.

Warranty

The System Warranty covers hardware only. Problems with Operating Systems, games and other software are not included and are the responsibility of the software publisher. The Company offers a No Charge, repair or replace service for faulty computer hardware products under these warranty provisions but reserves the right to make a charge for software only fixes or where no hardware fault is found. All goods sold by The Company are warranted free from defects in materials and workmanship.

If The Company shall receive a written complaint from The Customer in respect of goods found to be defective in respect of materials or workmanship only within 10 days of delivery The Company after it has had a reasonable time to investigate the same and examine the goods in dispute shall be entitled at its option to repair or replace the defective goods or refund the purchase price. No claim will be entertained in respect of any goods which have been repaired or altered in any way or have been the subject of any accident or damage caused by any innocent, wilful or negligent act or omission of The Customer, its employees or agents or through use contrary to the manufacturer's instructions by The Customer, its employees or agents or by circumstances beyond the control of The Company or goods which cannot be shown to have been supplied by The Company.

Repairs

Repairs will be carried out on the basis of a first come, first serve policy within a service level structure. In all cases The Company will attempt to make repairs ready for collection at the earliest opportunity. The Service level structure is set out as follows:

• Diamond Cover - Goods shall be ready for collection within a period of 24 hours
• Gold Cover - Goods shall be ready for collection within a period of three working days
• Silver Cover - Goods shall be ready for collection within a period of five working days

All systems supplied will by default be on silver cover.The company will abide by this structure at all times, unless specific parts are required that are not readily available. In such cases The Company shall complete the repair at the first opportunity following the delivery of said parts. The above times denote a maximum amount of time and are not often expected to reach such a level.

Miscellaneous

If any provision hereof shall be held to be invalid illegal or unenforceable the validity and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.

Waiver by The Company of any breach of these conditions or any granting of time or indulgence by The Company to The Customer shall in no way affect the rights of The Company hereunder.

All headings are for convenience only and do not form part of these Terms and Conditions.

Any notice or demand to be given hereunder shall be in writing and shall be delivered by hand or sent by first class pre-paid letter to the last known address of the party to be notified and shall be deemed to have been served immediately, if delivered by hand and forty eight hours after posting if posted as aforesaid.

The Laws of England shall govern the validity construction and performance of any contract to which these Terms and Conditions apply and the parties submit to the jurisdiction of the English Court.

The Company may at its discretion record telephone transactions with its customers for security or training purposes.