• Terms and Conditions

Terms & Conditions of Sale

Definitions

"You, the Customer" a person or company buying products from us for private use or business use.
"Amberworks" the vendor as identified on your invoice and your chosen service provider
"Order Confirmation" formal acknowledgement of product ordered by you as per your invoice/sales order
"Price" as stated in Order confirmation or invoice/sales invoice
"Service Contract" relates to Amberworks providing services relating to specific contract type
"Software" computer operating systems or applications
"Service" means general service and support carried out by Amberworks in accordance with the service contract

Application
This Agreement applies to this sale, service and all statements made by Amberworks in adverts, quotations or verbally.  Any variations to this Agreement must be confirmed by Amberworks in writing.  Any other Terms and Conditions are excluded.  Placing your order means acceptance of this Agreement.

Quotations/Orders/Service Contracts
Quotations are valid for a period of 30 days.  Orders may be received by writing, internet, telephone, fax or in person but are only binding when accepted by Amberworks in a written Order Confirmation/ Invoice /Receipt .  Please check the Order Confirmation/Invoice /Receipt and notify Amberworks immediately of any errors or omissions. 

Price & payment terms
Products and service prices, shipment, tax and installation are as shown on your invoice.  Payment for service contracts will be paid in full in advance unless by Direct Debit where quarterly payments will be requested in advance.  All payments for products and services not related to service contracts will be settled in full on completion of the work unless prior agreement has been made between the customer and Amberworks.  If payment is late Amberworks have the right to charge 2% above the minimum lending rate on the late amount.  Cash, cheque, debit, credit and Direct Debit payments will be accepted.   Amberworks will charge the client 2% for any credit card purchase.   Payment terms relating to businesses are 7 days unless otherwise stated.

Delivery
Any quoted delivery period is approximate . Amberworks will always try to ensure accurate timescales, but due to suppliers' delivery/timescales these may not always be possible. 

Acceptance
When you receive a product that has been ordered, please inspect it for any defects.  You have 7 days to return this product.  The product should be in the original condition and in the correct packaging.  If the product is not returned in the correct packaging the product cannot be returned and the customer will bear the cost.  Please keep your original invoice as proof of purchase.

Warranty
Any new hardware components Amberworks are asked to provide (cards, drives, memory etc.) will carry a 12 month manufacturer's hardware warranty unless otherwise stated.  All labour carries a 30 day warranty, though we always aim for a first-time fix. This stipulation is there for your protection, and is our promise to you to re-visit if the same problem reoccurs. This however excludes:

• Infection from malicious code, such as spyware, malware, viruses etc.
• User error
• Problems beyond Amberworks control, such as power cuts or telecommunications providers
• Misuse or physical damage

Service contract
If you have an Amberworks Service Contract the cover provides you with the labour (whether within the included visits or at a reduced rate) involved in determining and fixing a fault, whether this is hardware, software or user fault.  Should the fault be hardware we will fix this and charge you for the part(s) replaced.  Where possible, we will attempt to replace parts with identical units but reserve the right to use "compatible" parts where identical parts are unavailable.  We will not service any equipment that is still under any non-Amberworks warranty unless given authority to do so by you, the customer.  Any valid warranty claim, or any costs relating to, is the sole responsibility of the customer, not Amberworks.  Any visit, whether on any Service Contract or not, showing the problem being an infection from any form of malicious code, such as spyware, malware, Viruses and the like, will be charged for.

Services
Will be provided by Amberworks staff either onsite or in the Service Centre.  Response times are estimates and we will endeavour to meet appointment times but may vary due to unforeseen circumstances.  A telephone call will be made to inform a customer of any delay.  Amberworks operates a 24 hours a day, 7 days a week, 365 days a year policy.  Labour charges may differ on public holidays, weekends or out of core hours, but this will always be explained prior to the visit. 

Liability
The customer must have adequate backups prior to work commencing.  Although the Amberworks engineer will perform backups on your behalf, if requested, Amberworks or any of its representatives are not responsible for any consequential loss or damage to your data.  Any problems out of Amberworks control from external sources, such as the customer's telecommunications provider or Internet Service Provider, Amberworks will not be held responsible for.  Any visits made relating to such faults will be made at the customer's cost.  It is the customer's responsibility to have adequate system protections ( anti-virus, firewall, and spyware, malware, malicious code detection/prevention ) installed and configured to provide regular updates.  All problems relating to viruses, spyware, malware, and/or malicious code are chargeable even if under a service contract agreement.  Consumables are not covered under any s ervice contract agreement.  It is the customer's responsibility to ensure each consumable item (such as ink cartridge, toner, paper etc.) is installed correctly and at a level in accordance with the manufacturer's instructions.  If we attend a call and it results that the failure is due to a consumable item, a charge will be made at our hourly rate.

Software
The customer will ensure that they have software for their computer with relevant legal licensing and business customers will also ensure they have the relevant legal Client Access Licences where necessary. 

Termination
Amberworks may terminate its services with immediate effect if you fail to pay on time.

Your obligations as a customer
You are responsible for agreeing to a product or service.  You must supply Amberworks with reasonable courtesy, information and cooperation so that Amberworks may perform its duties.  You are responsible for having backups of all information from your computer or laptop. 

Data protection
Your data will be held and/or transferred in strict accordance with the data protection laws.  You may instruct Amberworks not to use your personal information for direct marketing purposes.

Consumer rights
You may cancel your purchase at any time within 5 working days of receipt and receive a refund of the price paid.  You must inform Amberworks in writing and return the products immediately, in the same condition you received them and at your own cost and risk.  This does not apply to parts that have been installed and used.  This also does not apply to any business user. 

Use of this website
This website contains material which is owned by or licensed to Amberworks Ltd. This material includes, but is not limited to, the design, layout, look, appearance and graphics. It is protected by intellectual property laws including, but not limited to, copyright.

You may download, view, copy and print information and documentation held at this website provided that

• materials are not altered or modified in any way without prior written permission from Amberworks Ltd.
• You understand that unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.

Professional advice
Information provided on pages held at this site and in any documents downloaded from this site is provided for general information only. It is subject to change without notice. Amberworks is not responsible for any inaccuracies and makes no representation and gives no warranty as to its accuracy. Since the information was not prepared for you personally, it is not intended to form recommendations or advice. It is your sole responsibility to satisfy yourself that the information is suitable for your purposes.

Nothing on this website is intended to be nor should be construed as an offer to enter into a contractual relationship.

Trademarks
Your use of this site and any materials downloaded, viewed, copied or printed does not authorise you to use any names or trademarks of Amberworks, its trading partners or associates nor any links without consent.

Links to other sites
Amberworks cannot be held liable for any material or representations contained in other websites, nor does Amberworks endorse or make representations in respect to such websites. All links are used at your own risk. In invoking links to other sites, you agree to accept these conditions of use.

Virus infection
Amberworks takes all-reasonable precautions to prevent virus infection of files contained on this site but cannot guarantee such prevention therefore we accept no liability for viruses. It is recommended that you take all appropriate measures and precautions to ensure appropriate safeguards are in place before downloading information.

In using this site you also agree to take all appropriate measures and precautions to prevent the introduction of viruses by you to files held at this website.

Exclusion and limitation of liability
Except in the case of death or personal injury due to the negligence of Amberworks, Amberworks shall be under no liability to you whatsoever whether in contract, tort or otherwise for any direct, indirect or consequential loss or damages whatsoever including, without limitation, loss of contracts, profits, anticipated savings, revenue, business, data, stoppage to other work or direct howsoever arising, due to your use of or in connection with this website.

The material and information provided on this web site are provided without any warranties and implied terms and conditions are excluded.

Law
English Law governs these terms and conditions and you agree to submit to the exclusive jurisdiction of the English courts.