Legal Stuff

1. DEFINITIONS
In this document the following words shall have the following meanings:
1.1  "Buyer" means the organisation or person  who accepts the Seller’s written quotation for the sale of the Goods or whose Written order for the Goods is accepted by the Seller;
1.2   "Goods" means the Goods (including any instalment of the Goods or any parts of them) which the Seller is to supply in accordance with these Terms;
1.3   "Seller" means Airedale Computer Recycling - a part of the Airedale Community Trading Group (Company No: 5371056) whose registered office is situated at The Active Centre on Stansfield Road, Airedale, Castleford, West Yorkshire, WF10 3UA, United Kingdom.
1.4  “Terms” means the standard terms of sale set out in this document and (unless the context otherwise requires) includes any special terms agreed in Writing between the Buyer and the Seller.
1.5   “Writing” means any similar expression, including facsimile transmission and comparable means of communication, but not electronic mail.
1.6  A reference in these Terms to a provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.7   The headings in these Terms are for the convenience only and shall not affect their interpretation.

2. GENERAL
2.1   The Seller shall sell and the Buyer shall purchase the Goods in accordance with the Seller’s Written quotation (if accepted by the Buyer) or the Buyer’s Written order (if accepted by the Seller).  These Terms shall govern the Contract to the exclusion of all other terms subject to which any quotations are accepted or purported to be accepted, or any such order is made or purported to be made.
2.2  No variation to these Terms (including any special terms and conditions agreed between the parties) shall apply unless agreed in writing by the Seller.
2.3  The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing.  In entering into the Contract the Buyer acknowledges that it does not rely on such representations which are not so confirmed, but nothing in these Terms affects the liability of either party for fraudulent misrepresentation.
2.4  Any advice or recommendation given by the Seller or its employees or agents to the Buyer on the storage, use or application of the Goods which is not confirmed in Writing by the Seller is followed or enacted on entirely at the Buyer’s own risk, and according to the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
2.5  Any typographical clerical or other error or omission in any sales literature, quotation, price list, acceptance offer, invoice or other document or information issued and supplied by the Seller shall be subject to correction without any liability on the part of the Seller.

3. ORDERS AND SPECIFICATIONS
3.1  No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller’s authorised representative.
3.2   The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
3.3  The quantity, quality and description of the Goods and any specification for them shall be as set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller).
3.4   If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with, or paid or agreed to be paid by the Seller in settlement or, any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Seller’s use of the Buyer’s specification.
3.5  The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or E.U. requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.
3.6  No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.

4. PRICE AND PAYMENT
4.1  The price payable for the Goods shall be that price in the Seller’s quote or, where no price has been quoted (or the quoted price is no longer valid), the price payable for the Goods as noted in the Seller’s published price list at the date of acceptance of the Order.  All prices quoted are valid for 30 days only or until earlier acceptance by the Buyer, after which time they may be altered without giving notice to the Buyer. The price given is exclusive of VAT or any other applicable costs.
4.2  The Seller reserves the right, by giving Written notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
4.3  Except as otherwise stated in the Seller’s Written quotation or any price list of the Seller, and unless otherwise agreed in Writing between the Buyer and the Seller, all prices are given by the Seller on an ex works basis, and where the Seller agrees to deliver the Goods otherwise than at the Seller’s premises, the Buyer shall be liable to pay the Seller’s charges for transport, packaging and insurance.
4.4  Payment of the price and VAT and any other applicable costs shall be due upon issue of the Invoice. Time shall be of the essence of payment.
4.5  The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due until the date of payment at a rate of 3% above the base rate of the Bank of England from time to time.  The Seller reserves the right to look to the buyer for full reimbursement of any legal bank or court fees and charges reasonably incurred in obtaining full payment for goods or in employing another party to obtain such payment.
4.6   The cost of pallets and returnable containers will be charged to the Buyer in addition to the price of the Goods, but full credit will be given to the Buyer provided they are returned undamaged to the Seller before the due payment date.
4.7  If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:
4.7.1  require payment in advance of delivery in relation to any Goods not previously delivered;
4.7.2  refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery; and the Seller shall be entitled to a general lien on all Goods of the Buyer in the Seller’s possession for the unpaid price for any other Goods sold and delivered to the Buyer under the same or other contract.
4.7.3   terminate the contract.
4.8     Any payments made under the Contract shall be made in cleared funds and in £ sterling.
4.9    All payments shall be made on the date when it falls due without deductions, set-off, counterclaim or abatement, whether arising from the same or other contract of sale.

5. DESCRIPTION
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.  For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.

6. FITNESS
The Buyer is responsible for ensuring that the Goods are fit for their purpose and the Seller does not warrant that the Goods as ordered shall be fit for the purpose for which they are used.

7. DELIVERY AND ACCEPTANCE
7.1   Unless otherwise agreed in writing, delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection.
7.2  The dates of delivery specified by the Seller are approximate only and the Seller shall not be liable for any delay in delivery of the Goods however caused.  Time for delivery shall not be of the essence of the contract.
7.3  If the Seller is unable to deliver the Goods (or any instalment) for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault, and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar Goods to replace those not delivered over the price of the Goods.
7.4  If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of cause beyond the reasonable control of the Buyer) then without limiting any other right or remedy available to the Seller, the Seller may:
7.4.1  store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
7.4.2  sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price the Contract.
7.5   The Buyer shall inspect the Goods immediately upon delivery and shall within 7 days from the date of arrival of the Goods give Written notice to the Seller of any matter or thing by reason whereof  the Buyer alleges the Goods are not in accordance with Contract. If the Buyer shall fail to give notice as aforesaid, the Goods shall be deemed to be in all respects in accordance with the Contract and the Buyer shall be bound to accept and to pay for the same accordingly.

8. RISK AND TITLE
8.1  Risk of damage to or loss of the Goods shall pass to the Buyer:
8.1.1  in the case of Goods to be delivered at the Seller’s premises, at the time when the Seller notifies the Buyer that the Goods are available for collection; or
8.1.2  in the case of Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
8.2  Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to the Buyer until the Seller 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 the Seller to the Buyer for which payment is then due.
8.3   Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property, but the Buyer may resell or use the Goods in the ordinary course of its business.
8.4  Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller may at any time require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, enter on any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
8.5   The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all money owing by the Buyer to the Seller shall (without limiting any other right or remedy of the Seller) forthwith become due and payable.

9. WARRANTY
9.1  Subject as expressly provided in these Terms, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, condition or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
9.2  Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these Terms.
9.3  Except in respect of death or personal injury caused by the Seller’s negligence, or liability for defective products under the Consumer Protection Act 1987, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, lost expenses, or other claims for compensation whatsoever (whether caused by the  negligence of the Seller, its employees or agents or otherwise) which arrive out of or in connection with the supply of Goods (including any delay in supplying or any failure to supply the Goods in accordance with the Contract or at all) of their use or resale by the Buyer, and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided these Terms.

10. INSOLVENCY OF BUYER
10.1  This clause 11 applies if:
10.1.1   the Buyer makes a voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
10.1.2    an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
10.1.3    the Buyer ceases, or threatens to cease, to carry on business; or
10.1.4    the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
10.2   If this clause applies then, without limiting any other right or remedy available to the Seller, the Seller may cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangements to the contrary.

11. FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.

12. ASSIGNMENT AND SUB-CONTRACTING
The Contract between the Buyer and Seller for the sale of the Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.

13. WAIVER
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

14. SEVERABILITY
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

15. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

16. GENERAL
16.1  A notice required or permitted to be given by either party to the other under these Terms shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
16.2  No waiver by the Seller of the breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
16.3   If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.
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OUR COMMITMENT TO PRIVACY
Thank you for visiting the Airedale Computer Recycling website.  Protecting consumer privacy is very important to us. Our Online Privacy Statement is available here to inform you about our collection and use of personal information so that you can make informed choices about how your own information is collected and used. This Online Privacy Statement reflects our policies covering personal information collected at this website.

We believe that information used responsibly benefits consumers and the economy, whether it is information we house on behalf of consumers conducting transactions or information we collect on behalf of our business clients.

For example, we use consumer information to ensure fast and accurate processing of money transfers. In addition, we strive to better serve our customers by offering goods and services that we believe fit their needs and interests.

When identifying an opportunity, we may use consumer information collected in an effort to identify consumers who may be interested in that opportunity. For several years, consumers and businesses have relied on us for a safe and reliable service. The relationships we have developed through the years have been established based on mutual trust. Each day we and employees and agents strive to reinforce our commitment to our clients and consumers.

Central to that commitment is ensuring that we abide by a set of privacy policies, which are outlined below. These policies guide us in the collection and use of information as well as employee responsibilities in protecting your privacy. We use personal information about consumers only in a manner consistent with these policies.

COLLECTION OF INFORMATION
Airedale Computer Recycling collects personal information in order to offer or provide goods and services to consumers and our customers. We may obtain this information from a variety of sources:

· Directly from customer applications, questionnaires and other materials submitted to us by customers;
· From transactions in which Airedale Computer Recycling and consumers are involved;
· From clickthru activity on our web sites; and
· From a variety of third-party sources, such as our business customers, government repositories, consumer reporting agencies and other financial institutions.

DISCLOSURE OF INFORMATION
Airedale Computer Recycling does not disclose customer information to third parties at all. However, there are some disclosures to third parties that are not subject to an opt-out, such as disclosures necessary to effect, administer or enforce a transaction requested by you, to companies that perform services for us or to prevent fraud.

WE ARE COMMITTED TO PROTECTING THE CONFIDENTIALITY OF PERSONAL CONSUMER INFORMATION
Airedale Computer Recycling limits access to personal information to those employees of Airedale Computer Recycling and its associates who need it to fulfill their business responsibilities. Employees must adhere to Airedale Computer Recycling privacy policies. Employees violating these policies may be subject to disciplinary action, up to and including dismissal. Vendors and other outside contractors we engage are subject to our contractual requirements to ensure that sensitive personal information is safeguarded.

WE USE APPROPRIATE SECURITY SAFEGUARDS
At Airedale Computer Recycling, security is a priority. We employ appropriate measures to protect consumer information against unauthorized access, disclosure, alteration or destruction. These may include, among others, encryption, physical access security and other appropriate technologies. Airedale Computer Recycling continually reviews and enhances its security systems, as necessary.

AIREDALE COMPUTER RECYCLING'S WEBSITE IS NOT DIRECTED AT CHILDREN UNDER THE AGE OF 13.

Our website is not directed at children under the age of 13 and Airedale Computer Recycling does not collect or maintain information at our website from those we actually know are under the age of 13.

WEBSITE MAY BE LINKED TO OTHER WEBSITES
Airedale Computer Recycling may create links to third party websites. Airedale Computer Recycling is not responsible for the content or privacy practices employed by websites that are linked from our website.

If you have any questions or indeed comments about our Online Privacy Statement or for some reason believe we have not adhered to our statement, please contact:  info@airedalecomputers.com

We may alter this statement as needed for certain products and services and to abide by local laws or regulations around the world. Airedale Computer Recycling reserves the right to amend or modify this statement from time to time. We urge you to review this statement whenever you visit in order to obtain the most current statement. You may change your choices at any time.