Terms & Conditions

Boring, but we do need to have these....

General

The Company means PSM Consulting Services Limited and the Customer is any party using the services, goods, advice or goodwill of the Company.

Orders are accepted and goods supplied subject to the following express terms and conditions, and all other conditions. Warranties and representations, express or implied, statutory or otherwise, except as to title, are hereby excluded. No addition thereto or variation there from shall apply unless agreed in writing by the parties.

These terms and conditions replace and supersede any pre-existing agreements between the Customer and the Company.

Prices

Whilst every endeavour has been made to ensure the accuracy of the prices quoted, no responsibility can be accepted for any errors or omissions. Prices are subject to alteration without notice and are exclusive of V.A.T., carriage and insurance.

All prices are subject to change due to currency fluctuations, EC levy charges, E &OE, and changes in law.

In the event of any suspension of work through the Customer’s instructions the price(s) shall be increased to cover any extra expense thereby incurred by the Company.

Payment

All accounts are strictly net and all payments due under the contract shall be made in full without set-off, deduction or counterclaim.

Accounts where credit terms have been agreed are payable on demand but in any case must be paid by a date which will ensure payment is received by the Company not later than 15 days following the date on which the goods are dispatched. In the event that any invoice becomes overdue, all invoices become payable immediately.

All overdue accounts will be subject to interest at 3% per month.

The Company may in its absolute discretion assign to any third party whatsoever any debt outstanding and due from the Customer without reference to the Customer.

Any queries relating to Company invoices must be raised in writing by the Customer within 7 days from the date of the invoice. If no query is raised by the Customer within this period it will be deemed as having been accepted in full.

Design

All specifications and designs submitted by the Company and the copyright in them and the right to reproduce any of them remain the Company’s property.

Where goods are made or adapted in accordance with the Customers specifications the Customer shall indemnify the Company against all cost claims and/or expenses incurred by the Company in respect of the infringement or alleged infringement by such goods of any patents, registered designs, trademarks or other rights belonging to third parties.

Force majeure

The Company shall not be responsible for the non-performance in whole or in part of its obligations nor under any liability to the Customer in respect thereof if such non-performance is due to acts of God, War, insurrection, government regulations, embargoes, acts of terrorism, strikes, Labour disputes, illness, flood, fire, tempest or any other cause beyond the control of the Company.

Assigns

Neither party may assign the Contract to which these terms and conditions apply nor of its rights or obligations under the Contract without prior consent in writing of the other party.

Severance

If at any time any one or more of these conditions (or any part thereof) is held to be or becomes void or otherwise unenforceable for any reason the same shall be deemed omitted here from and the validity and/or enforceability of the remaining provisions of these conditions shall not be in any way be affected or impaired thereby.

Waiver

No failure of or delay or forbearance by the Company in asserting or exercising any right or remedies under the contract shall affect its rights there under.

Data protection

Data, both physical and electronic, will be held in the strictest confidence and in compliance with the relevant Data Protection Law and you consent to this. You may request at anytime that we do not use data for Direct Marketing purposes.

Conditions relating to consultancy work:

The Customer is strongly advised to keep backups of valued data and it is agreed that the Company is not liable for data lost as a result of the Customer’s actions or the Company’s advice at any time.

The Company does not guarantee a fixed solution/installation time and whilst it will estimate project costs as accurately as possible, additional time will be charged at the agreed hourly rate.

Jurisdiction

English law shall apply to the Contract, and the parties agree to submit to the exclusive jurisdiction of the English courts.