Terms and 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but Utilize reserves the right to make subsequent changes to it, and services may be modified, supplemented or withdrawn.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.
1.3. All prices quoted on this website are exclusive of VAT, which will be charged at the prevailing rate.
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.