Account Application Form

Transcription

1 Account Application Form Unmatched online ordering services 24/7 Order by fax, phone, or web Lines open 9am 6pm Access to our professional and friendly team with unrivalled product knowledge Best of breed range of software and hardware from top manufacturers. Supporting new dealers through various schemes to build up your trade

2 Account Application Form Please send all documentation to: Dealer Sales Team - New Accounts Computers Unlimited The Technology Park, Colindeep Lane, London NW9 6BX sales@unlimited.com Fax: To help us process your application as quickly as possible please fill in the relevant information Check List: The following documents are required for setting up a credit or cash account (Direct Debit form not required for cash account). Without these documents your account application cannot be opened. Account Application Form (below) Proof of Address Such as utility bill VAT Registration document Signed copy of the Terms & Conditions Original Direct Debit Mandate (back page - please post signed original) DETAILS OF PERSON MAKING THIS APPLICATION Tel: Please send information of other partners on a separate sheet YOUR COMPANY DETAILS Registered Company Trading Address: Tel (main): Fax (main: (general): VAT Registration Number: Company Registration Number: Company Website: www. Postcode: WHAT TYPE OF BUSINESS ARE YOU? Sole Trader Partnership Limited Company PLC Number of employees: Number of sites: Number of years trading: Annual sales: WHAT SORT OF RESELLER ARE YOU? (Select ONE) Mailorder Retailer Distributor Education Licensing Value Added Reseller Etailer Corporate Reseller Other (please add below) WHAT SORT OF PRODUCTS ARE YOU INTERESTED IN? (Tick all that apply) Digital Imaging Creative Pro Kerio Print/Publishing Utilities & Peripherals Digital Home Office Solutions Digital Video Prod Audio & Musical 3D Design/CAD Pen Tablets Education Licensing Apple ipad/iphone/ipod Acc Sonos BUSINESS BANK DETAILS: Bank Sort code: Account number: TRADING REFERENCES PLEASE TELL US WHAT CREDIT LIMIT YOU REQUIRE 6. ACCOUNTS PAYABLE CONTACT DETAILS Phone: (Invoices, Credit notes, Direct debit notification letters & Statements will be sent electronically via as PDF document) 7. PARTNERSHIPS AND SOLE TRADERS ONLY Please supply full details of each partner (full name, home address and telephone number) Address: Tel: Postcode: We can, were appropriate ask for additional information when required. 8. AUTHORISATION I agree to abide by the Terms and Conditions described overleaf. I agree payment terms are strictly 30 days from date of invoice unless otherwise agreed to in writing. Your application will not be processed if you do not return all required forms and information. When returning your completed form please attach a set of your latest financial accounts, and a sheet of your Company s letter headed paper. Computers Unlimited reserve full retention of title to all goods until all sums due have been paid in full. Signed: Date: INTERNAL USE ONLY TEAM SEGMENT DEALER TYPE ISE CDM APPROVED DATE Your first order with CU will be on a payment with order basis, subject to the following; a) The first order must be paid by credit transfer or by cheque, we cannot accept a debit or credit card for the first transaction. b) If your order is paid by cheque, a period of 5 working days must be allowed for the cheque to clear, prior to the shipment of any goods. c) For cleared funds direct to our bank account, goods will be shipped on confirmation of the cleared funds from our bank. d) AN INITIAL MINIMUM ORDER OF 500 WILL BE NEEDED. Direct Debit payments are collected once a week (normally Friday) for all invoices due on 30 days or over. Computers Unlimited will notify you 10 days prior to any debit to your account. We would ask that you raise any queries you have to us immediately, so that invoices can be excluded from any payment we take.

3 Terms and Conditions Once CU has all of the required information your account application will be processed 1. Definitions Contract means these General Terms and Conditions of Sale or such other replacement terms and conditions as may be notified to the Customer from time to time (copies of which are available on request from Computers Unlimited, The Technology Park, Colindeep Lane, London NW9 6BX) together with the attached Account Application Form or where applicable, special terms and conditions of sale as are specified in CU catalogues, price lists, or other literature. CU means Janson Computers Plc (trading as Computers Unlimited) incorporated and registered in England and Wales with company number whose registered office is at The Technology Park, Colindeep Lane, London, NW9 6BX. Customer means the party identified as the Customer in this Contract to whom the Company may agree to supply the Products from time to time in accordance with the terms and conditions of the Contract. Due Date means 30 days from the date of invoice unless otherwise agreed to in writing. Products means such hardware and software as may be sold and supplied by CU to the Customer in accordance with this Contract.. 2. Pricing and Payment a. The prices to be paid by the Customer to CU for the Products are to be CU s list prices as notified to the Customer by CU from time to time. CU price lists do not constitute an offer. b. CU shall give the Customer reasonable notice of any rises in the prices for the Products. c. The Customer shall pay the full amount invoiced to it by CU by the Due Date. d. Neither party may withhold payment of any amount due to the other because of any set-off, counter-claim, abatement, or other similar deduction. e. All prices are exclusive of any applicable value-added tax, which the Customer shall be additionally liable to pay to CU. f. Accounts for Products are payable at the following postal address: Computers Unlimited The Technology Park Colindeep Lane London NW9 6BX g. Until a credit account is established, all business with the Customer is on a cash basis unless otherwise agreed. h. Non-payment by the Due Date entitles CU to cancel the Contract or to suspend deliveries without further notice. i. While both parties will try to ensure that all prices inserted into purchase orders are accurate, it is understood that errors may occur. If after the placing of the purchase order either of the parties discover that there is an error in the price of the Products ordered, CU may change the purchase order to reflect the correct price and such difference in price shall become payable. 3. Uncontrollable events and delays In case of delays caused by circumstances beyond the control of CU or CU suppliers, CU shall have the right to either suspend deliveries without notice or cancel the Contract without liability. By way of illustration and not of limitation, the following are to be treated as uncontrollable events: strike, lockout, riot, revolution, mobilisation, war, epidemic, official regulations, transportation difficulties, working difficulties, machine breakdowns, fires, failure of suppliers, or other causes, whether similar or not. 4. Resale Products are supplied subject to the following conditions: a. Products shall remain in their original packaging and the marks, numbers or references indicated on the Products or packaging shall neither be covered, defaced, altered nor erased. b. Products normally shall be resold at any trade level only by qualified personnel and in premises suitable for their storage, display and sale under satisfactory conditions. 5. Advertising CU advertising and display material is supplied to the Customer for his own business. The Customer must ensure that it observes all directions and instructions given to it by CU for promotion and advertisement of the Products. Customers considering advertising are invited to consult the CU departments concerned. 6. Law of the Contract In the case of legal disputes, the law and the courts of England shall apply. 7. Customer order conditions Any provisions of the Customer s order which conflict with, or are in addition to, the general terms and conditions of sale and conditions of sale or any special terms of business shall be excluded. 8. Severance a. If any provision of this Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this Contract, and the validity and enforceability of the other provisions of this Contract shall not be affected. b. If a provision of this agreement (or part of any provision) is found illegal, invalid or unenforceable, [the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable OR the parties shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties original commercial intention]. 9. Verbal agreements Any verbal agreement which does not conform to the present terms, shall not be binding on CU unless it has been confirmed by CU in writing. 10. Credit and payment a. Unless otherwise agreed, the granting of credit facilities is made on the condition that payment is received by CU at the postal address referred to above, 30 days after the date of invoice, and CU reserves the right to withdraw credit facilities forthwith if this condition is not observed. b. CU may charge interest on any amount overdue until the date of actual payment at the monthly rate of 2% per annum above the base rate of Lloyds TSB from time to time, such amount being payable without prejudice to CU s other rights and before as well as after judgment. c. Where the Customer elects to make a payment by credit card, CU will charge a 2% surcharge on the value of the items purchased. We will continue to make no charge for the use of debit cards. 11. Delivery a. Products supplied by CU are delivered at the risk of CU, unless the Customer stipulates a special method of delivery, in which event Products are delivered at the risk of the Customer and an extra charge may be made for delivery. b. Any stated delivery date constitutes only a warranty by CU to use reasonable endeavours to effect delivery by or about that date. No liability will be accepted by CU for failure to meet delivery dates, however caused. c. In any event, any liability for loss or damage in the course of delivery shall in all circumstances whatsoever be limited (at the option of CU) to the repair or replacement of the Products concerned or to the crediting of the Customer with the invoice value of such Products. d. In the event of damage, the Customer must advise CU of any such damage, within 48 hours of delivery. No claim for damage will be allowed if advice is beyond this time limit. 12. Returns procedure All returns to CU can only be processed using CU s Online RMA facility on the ResellerZone ( It is not possible to initiate returns over the telephone or by . Product may only be returned to CU after first obtaining CU s agreement to do so. This agreement can only be initiated using CU s Online RMA facility. Whenever CU agrees to accept goods for return, it will do so by issuing a Returns Material Authorisation (RMA) number/authorisation by . CU drivers or its delivery carriers are not authorised to collect Products for return without an appropriate reference number and any items received at CU s warehouses that do not clearly display an authorised RMA number, will be rejected. All returns must be completed within 10 working days of the issue of an RMA number. 13. Dead on arrival (DOA) Any product that has been received by an end-user and deemed to be nonworking or faulty, within 10 days from date of end-user invoice, is deemed to be DOA. Provided the defect is confirmed by CU technical support and the end-user proof of purchase date is supplied, such products will be replaced for a new unit, stocks permitting or for a purchase price credit, where stocks are no longer available. Any products exceeding this 10 day period and/or that were originally purchased from CU over a period greater than 6 months (hardware) or 12 months (software) will not qualify for replacement or credit and will fall under the standard warranty terms and conditions of the manufacturer. 14. Warranty All products are supplied with the benefit of the manufacturers warranty agreement and warranty process. 15. Damaged goods Any products received visibly damaged must be notified, in writing or via- , to CU within 48 hours of receipt. All such units will be replaced provided the damage was incurred prior to receipt by either the Customer or the Customer s carrier.

4 Terms and Conditions 16. Receiving errors Receipts of incorrect shipments must be notified, in writing or via , to CU within 5 working days of CU invoice date. All such disputes will be resolved through arbitration using all the information available at that time e.g. proof of delivery. 17. Undamaged, non-defective goods Generally, non defective, undamaged goods will only be accepted back where they have not been supplied to order. In exceptional circumstances, CU may allow the return of certain non defective goods. Although this type of return does not represent a contractual right of the customer, such returns will be on a case-by-case basis and will be subject to a re-stocking fee of 25 or 10% of the value of the product, whichever is greater. The re-stocking fee also applies to software Letters of Destruction (LOD s) All non defective returns will only be accepted for goods that are received at CU s warehouses in a pristine condition i.e. undamaged, unmarked, unopened and together with any accessories or cables as originally supplied. The Customer is entirely responsible for the transportation and packaging of such goods. 18. Title and Risk a. Until full payment has been received by CU for the Products supplied by CU to the Customer ownership of the Products shall remain in CU. b. Until title to the Products has passed to the Customer, the Customer shall: i. store the Products separately from all other goods held by the Customer and in such a way that they can be readily identified as being the property of CU, and at all times in accordance with CU s recommendations; ii. not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; iii. maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery; iv. subject to (v) and (vi) below, the Customer shall be at liberty in its own name (but not on behalf of or in the name of CU) to sell the Products in the ordinary course of business, on the basis that the proceeds of sale shall be the property of and held on trust for CU; v. CU may at any time suspend or revoke the Customer s power of sale by notice to the Customer if the Customer is in default for longer than 14 days in payment of any sum whatsoever due to CU or if any Bill of Exchange, cheque or other negotiable instrument drawn or accepted or endorsed by the Customer in favour of CU is dishonoured on presentation for payment; vi. the Customer s power of sale shall automatically come to an end if a Receiver is appointed over any of the assets or the undertaking of the Customer or a Winding Up Order is made against the Customer or the Customer goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or causes a meeting of, or makes any arrangement or composition with creditors or commits any act of bankruptcy; vii. upon revocation or determination of the Customer s power of sale under (v) or (vi), the Customer shall place the Products at the disposal of CU, which shall be entitled to enter upon any premises of the Customer for the purpose of removing such Products from the premises. Where payment is made by cheque, CU shall not be deemed to have received payment until the cheque has been cleared. Not withstanding the foregoing, risk in the Products shall pass to the Customer on delivery except where the Customer requires a special method of shipment in which case risk shall pass to the Customer when the Products leave CU remises. 19. Product information The Customer shall ensure that any safety information of whatever kind provided by CU in relation to the Products supplied is passed, where the Products are supplied for use at work, to the Customer s employees or, where the Products are supplied for resale to the subsequent purchaser the Customer shall not alter, mask or remove any such safety information from the Products. 20. Termination Without prejudice to any rights that have accrued under this Contract or any of its rights or remedies, either party may terminate this Contract with immediate effect by giving written notice to the other party if: a. the other party fails to pay any amount due under this Contract on the Due Date for payment and remains in default not less than 7 days after being notified in writing to make such payment; or b. the other party commits a material breach of any material term of this Contract and (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified to do so; or c. the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts; or d. either party becomes subject to (or proposes to be become subject) any formal insolvency procedure such as receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy; or e. the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business. f. the other party (or its employees or associates) are found to be involved in acts of bribery or corruption in breach of either the UK Anti Bribery Act of 2010 or any Anti-Bribery or Corruption legislation set out by the regulatory bodies in the country in which the other party transacts business see Clause 25. Without prejudice to any rights that have accrued under this agreement or any of its rights or remedies, CU may terminate this Contract on giving not less than one months written notice to the Customer. 21. Limitation of liability CU will repair or at its discretion, replace or credit the Customer with the invoice value of any Products found to be defective or faulty. In all circumstances whatsoever the liability of CU, in respect of any failure to comply with the Contract or other breach of duty shall be limited to such repair, replacement or credit. Nothing in these Conditions shall limit or exclude the CU s liability for: a. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable); b. fraud or fraudulent misrepresentation; or c. breach of the terms implied by section 12 of the Sale of Goods Act Subject to the above CU shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract CU s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 1 million. 22. No Partnership or Agency Except as expressly provided, nothing in this Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, nor authorise a party to make or enter into any commitments for or on behalf of the other party. 23. Amendments CU reserves the right to alter or amend these General Terms and Conditions of Sale for any particular class of Products or Customer. 24. The Waste Electrical and Electronic Equipment Directive 2007 Directive 2002/96/EC places a legal and financial responsibility on either the producer or the end user of electrical and electronic equipment to cover the costs relating to the appropriate treatment of the aforementioned equipment when it becomes waste. By agreeing to these terms and conditions, the Customer accepts responsibility for the treatment and recovery obligations sold to it, in accordance with Directive 2002/96/EC and absolves CU of any associated responsibilities. 25. Anti-Bribery and Corruption Legislation It is CU s policy to comply with all laws, rules and regulations set out by the UK Bribery Act 2010, as well as any Anti-Bribery and Corruption laws, rules and regulations set out by regulatory bodies in any country in which CU transacts business. By agreeing to the contract terms, customer confirms that it also complies with the Anti-Bribery legislation in the country in which customer transacts business, as well as with the UK Bribery Act Customer confirms that it has adequate procedures in place to identify and prevent acts of bribery and corruption undertaken by its employees and associates. CU commits to inform Customer of any instances of bribery or corruption identified or suspected in its dealings with Customer. CU expects Customer to also inform CU of any instances of bribery or corruption identified or suspected in its dealings with CU. 26. Divisibility Clause This contract is divisible. Each delivery made hereunder shall be deemed to arise from a separate contract and shall be invoiced separately; any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein, without reference to and notwithstanding any defect or default in delivery of any other instalment marketing Opt In statement: By signing this agreement you agree to receiving marketing s from Computers Unlimited. If you do not want to receive marketing s please tick here: Privacy Statement: We hate SPAM as much as you do and will make sure you never get any from us. If at any time you feel our s are no longer serving you, you may unsubscribe through the My Account section on the ResellerZone. We will never disclose your address to anyone. Signed: Date:

5