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United States Pricing
813-421-2951
Cisco SMARTnet and Licencing

IT Help Terms and Conditions

Cisco SMARTnet Terms These are subject to change without notice
General Terms These cover the sale of all goods and services
 

1. INTERPRETATION


2. BASIS OF THE SALE

3. CUSTOMER IDENTIFICATION

4. INFORMATION

5. ORDERS AND SPECIFICATIONS

6. PRICE OF THE PRODUCTS

6.5 If Customer is offered special pricing for certain orders and such pricing is made available to IT Help from its suppliers ("Special Bids"), the Customer shall adhere to the terms and conditions of such Special Bids and agrees to indemnify IT Help for any claims made against IT Help by the suppliers for Customer`s non-compliance with the supplier`s terms and conditions. Customer agrees to pay any service fees charged for IT Help`s pass-through of Special Bids and other supplier driven benefits the Customer may receive, including any marketing funding, price protection and individual rebates, and agrees that pass-through and payment of such benefits will be subject to IT Help having received the benefits from its supplier.

7. TERMS OF PAYMENT

8. DELIVERY

9. RISK AND TITLE

 
 
 

10. WARRANTIES AND LIABILITY

11. RETURNS AND REPAIRS

11.6 Details of IT Help`s returns process and terms can be found on www.ithsc.com and Customer agrees to comply with this process and abide to the terms when returning any Product to IT Help.

12. INSOLVENCY OF CUSTOMER

12.1.1 the Customer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation otherwise than for the purposes of a solvent amalgamation or solvent reconstruction;

12.1.2 an encumbrancer takes possession or a receiver is appointed of any of the property or assets of the Customer; or

12.1.3 the Customer ceases or threatens to cease carrying on business; or

12.1.4 IT Help reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly;

then upon the happening of any of the above, without prejudice to any other right or remedy available to IT Help, IT Help shall be entitled to cancel the Contract and/or suspend any further deliveries or services under the Contract without any liability to the Customer and if the Products have been delivered and not paid for then the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

13. EXPORT RESTRICTIONS

14. CONFIGURATION AND OTHER SERVICES

14.3 IT Help may offer other Services to Customer including direct fulfillment and billing, installation and support services, storage and consolidation, and other logistics services. Such Services will be provided under these Conditions in addition to specific terms agreed upon in writing with Customer.

15. MISCELLANEOUS

15.2 Customer agrees that IT Help may use Customer data, including any personal data, for the purpose of marketing and sales of Products, and Customer agrees to IT Help`s collection, storage and use of such data for this purpose. Personal data will not be shared with third parties without the Customer`s consent. Customer agrees to receive Product information and promotions and other communications from IT Help by e-mail and other communication tools.

16. CUSTOMER IDENTIFICATION

 
Additional Terms and Conditions for Memory and Module Sales

1. All orders are subject to availability of goods and to written acceptance by the company. Any prior indications by the company by telex, telephone, facsimile, or verbally shall be provisional only.

2. The customer recognises that IT Help is a distributor of goods. Although IT Help will try to notify the customer of any variations of which it is aware the customer accepts that the company cannot be accountable for the consequences of any variations made by the manufacturer or as a result of shortage of supplies.

3. IT Help shall use reasonable endeavours to dispatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay.

4. Delivery

a) Dates and times quoted by the company for delivery run from the receipt by the company of a written order, receipt of payment or from resolution of technical details whichever is the later. All dates and times quoted are estimates only and any delay in meeting delivery dates will not give rise to a right to cancel the order unless such a right is specifically reserved in the customer`s written order and accepted in writing by the company.
b) Offers for goods ex-stock are subject to the goods being unsold at the time of the customer`s order, receipt of payment or resolution of technical details whichever is the later.
c) Unless specifically included in the quotation, prices do not include delivery and any delivery charges incurred by the company will be passed on to the customer.
d) The company reserves the right to make part deliveries. Any request by the customer for the company to delay or split deliveries may result in a stocking charge and any additional costs incurred by the company being debited to the customer

5. Force Majeure

IT Help shall not be liable for any loss whatsoever suffered by the customer in the event of cancellation of the agreement to supply goods if the supply of the goods would be illegal, contrary to manufacturer`s conditions of sales or the agreement is impossible for the company to perform for whatever reason.

6. In the case of a Business Customer, if IT Help is unable to deliver the goods within 30 days of the agreed delivery date, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to IT Help in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to IT Help after the above date but before delivery of the goods or notification from IT Help that the goods are ready for delivery. This Clause does not apply to Consumers.

7. In the case of Business Customers, IT Help does not accept liability for shortages or damage to deliveries unless the Customer notifies IT Help of the shortage or damage in writing within 48 hours of receipt of the delivery. Consumers should notify shortages or damage within a reasonable period of becoming aware.

8. Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.

9. The Goods are at the risk of the Seller from the time of their delivery by the Seller to the Designated Carrier. If for any reason the Customer will not accept delivery of any of the Goods when they are ready for dispatch to the Designated Carrier, or the Seller is unable to dispatch the Goods to the Designated Carrier on time because the customer has not provided appropriate instructions, documents or authorisations, risk in the Goods will pass to the Customer (including for loss or damage caused by the Seller`s negligence) from the moment of a signed POD, the Goods will be deemed to have been delivered, IT Help may store the Goods until delivery whereupon the Customer will be liable for all related costs and expense.

10. Title in the goods does not pass to the Customer until payment is received in full by IT Help.

11. Delivery

If the Customer cannot accept delivery, IT Help may at its option: (i) store and insure the goods at the Customer`s expense and risk or (ii) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or (iii) re-arrange delivery provided that IT Help may charge the Customer for the additional delivery costs incurred.

The Customer may request a Proof of Delivery, provided that this request is made in writing within 3 months of the date of delivery and IT Help shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.

12. Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. IT Help shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.

11. Warranty

The customer recognises that IT Help is not the manufacturer of the goods supplied. IT Help will pass on to the customer all (if any) unexpired warranties it receives from the manufacturer(s). It is expressly stipulated that in the event of any claim on any ground being made by the customer against IT Help or any matter arising from or in relation to the contract or any item supplied pursuant to it, the liability of IT Help shall be limited (in respect of each claim or series of connected claims) to all sums due in respect of such items and under no circumstances shall the company be under any further liability for loss of profits or contracts or for other direct or consequential loss whether or not arising from any documentation made available to it. Any individual claim or total of a series of claims shall not exceed the sum of £10,000 and IT Help`s liability under this clause shall be limited accordingly.

12. Returns

All goods shall be deemed accepted unless rejected within 14 days of delivery or collection of the goods. Notice of rejection must be delivered in writing to the company giving detailed reasons for rejection. No compensation, credit, or right of set-off shall be given by IT Help until the same has been received by the company from the manufacturer, supplier or insurer as the case may be. Any notice received by IT Help outside the 14 day period shall be deemed invalid for the purposes of this clause.

13. Returns procedure

Before returning any goods to IT Help the customer shall:-
a) Notify IT Help by letter, e-mail, or facsimile of its desire to return the goods together with the reason for the return.
b) Obtain from IT Help a designated return label which will contain an identification number and which shall be affixed by the customer to the packaging in a prominent position. This procedure is solely for administrative convenience and the issue of a return label shall not be taken as an admission of any fault in relation to the goods being returned. No goods shall be returned without IT Help`s prior approval.

14. Export of Goods

b) Where the goods are destined, directly or indirectly, for a non-United Kingdom location or where the customer is stated not to be a United Kingdom resident, the customer will be solely responsible for all bank charges, fees, agency fees, commission, and interest on overdue payments in respect of all drafts, cheques, bills of exchange, letters of credit or credit transfers and no deduction whatsoever in respect thereof may be made from any payment to the company or to its order.
c) The customer shall also ensure that the equipment is fit and suitable for import and use in the country or countries of importation and that equipment and relevant documentation comply with all necessary governmental or other official regulation, safety requirements, specifications or requirements whatsoever, including certificates of origin.

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