Terms and Conditions

1 DEFINITIONS AND EFFECT OF CONDITIONS
(a) The company means HAWKSONPC.
(b) These Conditions shall apply to and be incorporated into every agreement between HAWKSONPC and any person, firm or company ("the customer") under which the company supplies goods or services at the request of the customer.
(c) These conditions shall supersede all earlier conditions of the company and may be changed without notice from time to time.
(d) These conditions shall take precedence over any conditions of the customer and shall not be varied without the written consent of the company owner.
(e) References to "goods" include the supply of any services to be supplied by the Company to the Customer.
(f) "Agreement" means the agreement between the Company and the Customer for the sale of goods and/or the supply of services.
(g) Web Site means the site at www.hawksonpc.co.uk and is the on-line shop of the Company.

2 ORDERS
All orders placed are subject to final written acceptance by the Company confirmed by e-mail sent to the address provided by the Customer in their account details. The Company will not be required to confirm its reason for not accepting an order.

3 DELIVERY
(a) Any delivery dates quoted whether verbally or otherwise are estimates only and in regard to any such date and/ or time shall not be of the essence.
(b) Delivery of the goods to the customer's address or any other place stipulated by him shall constitute delivery and the risk therein shall pass upon such delivery to the customer.
(c) The company shall be entitled to make partial deliveries by instalments and these conditions shall apply to each partial delivery.
(d) The cost of delivery will be provided to the Customer prior to the Customer confirming any order.

5 PRICE
(a) Unless otherwise stated any prices quoted by the company are exclusive of carriage, packing and insurance.
(b) Prices quoted are those current at the time of quotation and the price payable by the Customer shall be that which is current at the time of despatch to the Customer.

6 PAYMENT
The price is payable on demand and goods will not be despatched until payment is received and in the case of bank transfers, funds have cleared through the banking system into the companies bank account.

7 COPYRIGHT, DRAWINGS etc
All drawings, descriptive weights, dimensions and the descriptions, specifications, illustrations and pictures contained in the Web Site are approximate and for illustration only and do not form part of this Agreement it is recommended that all specifications and details are confirmed on the correesponding manufacturers website. All rights in respect of trade marks, trade names, copyrights, patents and other intellectual property rights connected with the goods remain with their respective holders.

8 LOSS OR DAMAGE IN TRANSIT
(a) The company will not be responsible for damage to any of the goods or loss of the goods or part thereof in transit or for any discrepancy between the goods delivered and the contracted goods to the company unless the customer gives written notice of a claim to the company and to the carrier (as appropriate).
(i) in the case of damage or discrepancy within 3 days after having received the goods and (ii) in the case of loss or shortage within 3 days of the date of delivery of the other goods under the relevant consignment.
(b) If applicable the Customer will be asked to complete and submit the company's Discrepancy Log form, from which an investigation into the alleged loss, discrepancy or damage will be undertaken. The customer will also be asked to sign a copy of the company's carrier's delivery manifest as acknowledgement of receipt of goods. The Customer should inspect the goods carefully as an unqualified signature shall be deemed to signify the Customer's acceptance that the goods are in good condition.

9 GUARANTEE
The Customer must refer to the section on Manufacturer's Warranties on the web site prior to submitting an RMA request to the Company. Where goods are covered by Warranties directly held with the manufacturer a faster response may be achieved by contacting the Manufacturer directly; in any case the following applies:-
(a) If within 12 calendar months of their being delivered any defect in the goods is discovered which is directly due to faulty materials or workmanship, or if a valid claim is made by the customer under Condition 9 (a)(i) hereof, the company will at its option remedy the defect or damage by replacement or repair or give a credit note to the customer to be utilised against future purchases within two months of the credit note date.
(b) The guarantee will be subject to the following conditions:-
i.it will not apply to defect or damage resulting from any alteration or modification to the goods without the company's prior written consent, incorrect storage, normal wear and tear, overloading, misuse, abnormal conditions of use, incorrect installation by anyone other than the company, maintenance or repair not carried out by the company, use which is not in accordance with the company's or the manufacturer's instructions, any act or omission of the customer or any third party or any fault in any other goods or equipment.
ii.The customer must complete and submit the company's Returns Material Authorisation (RMA) form in relation to any such defect or damage. If it appears to the company from the information submitted on the RMA form that such defect or damage is covered by the guarantee then a RMA number will be issued confirming the goods in question maybe returned, subject to verification by the Company after inspection of the goods. RMA numbers issued by the company are valid for 8 days from the date of issue. After this period the RMA log is closed and a new RMA number must be obtained.
iii.allegedly defective or damaged goods must be returned to the company carriage paid to such address as notified upon issue of a RMA number, together with their original packaging and all related manuals and accessories. Please ensure that the goods/parcels in question are both packaged in the appropriate fashion and clearly labelled with the relevant RMA number. Failure to do so may result in the products/parcels being refused at our Warehouse.
iv.if the customer makes any claim in relation to any goods falling outside the terms of the guarantee the company may charge the customer, please refer to HAWKSONPC's Return Authorisation Form for the current charges relating to inspection and NFF fees information. The customer must collect or arrange for collection any returned goods within 5 days of notification that they are not covered by the guarantee or on written instructions from the customer, HAWKSONPC will dispose of the goods. Failure to do so will result in the customer having to pay storage charges of £2.00 plus VAT per unit for each day or part of a day from the end of that period until collection. v.the guarantee will apply to goods replaced or repaired under the guarantee for the balance of the original guarantee period.
(vi) Unless the company otherwise decides, a credit note for use in accordance with clause 9a will only be given if the customer notifies the company of the alleged defect, damage or discrepancy within 3 days of the customer's receipt of the goods.

10 EXCLUSION OF LIABILITY
(a) The guarantee in condition 9 will be in substitution for all other terms, warranties and conditions, express, or implied, statutory or otherwise in relation to the goods (except for the company's title to them) which are hereby excluded to the fullest extent permitted by law.
(b) Neither the company nor its servants and agents will be liable in contract or in tort (including negligence) nor in any other way for any consequential or indirect loss, liability or damage or for any other claim for consequential compensation whatsoever (including loss of profit, costs or expenses or loss of data) arising howsoever from or in connection with the agreement or any breach or non-performance of any provision of it by the company or any fault in or the supply , use or presence of the goods.
(c) Excluding the company's liability arising under Condition 9, all warranties or Conditions implied by law regarding the goods and without affecting Conditions 10(a) and (b), the aggregate liability of the company whether arising in contract or tort (including negligence) or otherwise howsoever for any loss, cost, damage, injury or liability (whether consequential or indirect or otherwise) resulting from or in connection with the agreement or any such breach or other matter as is referred to in Condition 10(b) will be limited to an amount equal to the net invoice value of the goods.
(d) The limitation on any exclusions from liability contained in these Conditions shall be subject to the provisions of section 2(1) of the Unfair Contract Terms Act 1977.
(e) The Company shall not be liable for the loss or damage to the software programs during the repair or upgrade of any goods whether or not the same are under warranty.
(f) The Company will not be liable for costs arising out of purchases made by customers for goods they later find to be unsuitable for the intended purpose. All goods are purchased solely at the discretion of the customer who is responsible for establishing the suitability of any goods before making a purchase. Except where the Company must comply with the provisions of the Distance Selling Regulations [date], for the avoidance of doubt compliance with these regulations is only applicable to orders placed by private individuals for goods purchased for their own use and not for commercial use.
(g)The company shall not be responsible for adapting or modifying any goods to conform to statutory requirements not current at the time of the acceptance or order.

11 FRUSTRATION etc. (Force Majeure)
The company will not be deemed to be in breach of any of its obligations under the agreement or otherwise be liable to the customer due to any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the company's control, Act of God, or any law regulation of any government or any local or municipal authority. If any such event continues for more than 28 days the company may terminate the agreement forthwith by written notice to the customer without prejudice to the accrued rights of either party.

12 RETURNED GOODS AND CANCELLATIONS
The Customer has the right under the Consumer Protection (Distance Selling) Regulations 2000 (DSR) to unconditionally cancel the order for up to 7 days after delivery of the goods commencing on the day the goods are delivered This being extended to 14 days. The Customer me by e-mail confirm their intention to cancel before this period has expired. Beyond this period or if the Customer is a business, the Customer shall not return any goods (except in accordance with Condition 9) or cancel any orders without the company's previous written consent. Such consent will not be given where goods have been specially purchased by the company to meet the customer's requirements. If the company in its discretion gives consent, it reserves the right to make a cancellation charge of 25% (or such higher percentage as may be notified to the customer before or when such consent is given by the company) of the contract price of the goods concerned plus VAT.
If goods are to be returned under the DSR the Company shall arrange for collection of the goods with its own courier only. If the customer arranges for their own courier, then the Company will not be liable for the associated costs.
In the event that goods supplied are not as requested by the Customer, the Company will pay for the return of the Goods. However the Customer is reminded of the duty to ensure that the Goods are protected and returned in the original packaging with all instructions, publications, accessories and packaging.

13 SUBCONTRACTING
The company reserves the right to sub-contract any part of any work or supply of any goods or services.

14 HEADINGS
The headings of these conditions are for convenience only and shall have no effect on the interpretation thereof.

15 JURISDICTION
The agreement shall be governed by any construed in accordance with English Law and the Courts of England shall have jurisdiction to hear all disputes arising in connection with the agreement.