Definitions

Buyer means the individual or organisation that buys or agrees to buy the Goods from the Seller.

Consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.

Contract means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions.

Goods means the articles that the Buyer agrees to buy from the Seller.

Website means www.element-tech..co.uk

Seller means Element Tech of registered address,

Element Tech
21 Bentham Close,
Prenton,
Cheshire,
CH43 9HR

that owns and operates www.element-tech.co.uk

Terms and Conditions means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller.

Conditions

Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.

Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. Any complaints should be initially addressed to the Seller via www.element-tech.co.uk/rma.php

Ordering

All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.

Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.

When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process Section.

If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.

Price and payment

The price of the Goods shall be that which is stipulated on the Website. The price is inclusive or exclusive of VAT. The price includes delivery charges.

The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.

After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel
Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.

Delivery

Goods supplied within the UK will normally be delivered within 2-7 working days of acceptance of order. This does not apply to custom built computers which normally will be delivered within 5-15 working days.

Goods cannot be supplied outside the mainland UK.

Where specific delivery dates have been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.

The Seller shall use its reasonable endeavors to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

Delivery of the Goods shall be made to the Buyer’s registered credit card address as specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.

Rights of seller

The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

The Seller reserves the right to withdraw any goods from the Website at any time.
The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

Warranty (Components)

The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller, except where the Buyer is dealing as a Consumer.

All other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.

We guarantee that the goods will remain of satisfactory quality in normal use for 28 days following delivery. Maintenance service will be performed by us during respective warranty periods on mainland Great Britain. Should your item(s) fail within this time frame please contact us in the first instance via our RMA page. You will receive full technical support for the product and if a resolution for the issue cannot be implemented Element Tech will issue you with a full refund via your original payment method.

Following this 28 day period up to 1 year thereafter Element Tech will provide all customers with full technical support via email or telephone. If a resolution cannot be discovered we will provide you with information to allow for the products return to the manufacturer for replacement.

We will NOT accept return of equipment without prior authorization. Damage caused in transit by improper customer repackaging may result in further charge to repair any additional damage. This warranty only covers failures due to defects in materials or workmanship which occur during normal operation by the customer. It does not cover failures due to damage which occurs in shipment, or failures which result from accidents, misuse, abuse, neglect, mishandling, misapplication, alteration, faulty installation, modification, or damage that is attributable to acts of God or civil unrest. we shall not be liable for any indirect, special or consequential loss or damage (including without limitation loss of profits) arising from the use of the product or any breach of this warranty. we reserve the right to refuse to take receipt of any unit which we have reasonable belief has met with any of the aforementioned conditions.

Warranty (Custom XFS PC Systems)

Element Tech guarantee all of our custom built XFS PC's for a period of 2 years from date of purchase. The warranty is split over 2 years.

1st Year

During the first year Element Tech will provide a full collect and return warranty for your XFS PC. In the unlikely event of a breakdown in the first year Element Tech encourage our clients to contact us via the RMA page with as much detail as possible regarding the fault. If telephone support is required you may call us on 0845 226 7128. If our tech support team cannot find a suitable resolution to the issue, we will instruct our courier to collect your machine from you and return it back to us. In order for us to successfully collect your machine the following conditions must be strictly adhered to

Additional conditions for return (Custom XFS PC Systems)

i) The PC must be adequately packaged in it's original packaging with all polystyrene protection still in place.
ii) The packaging must be adequately sealed using parcel tape or tape of similar durability and quality.
iii) All original manuals and driver discs are to be returned with the PC. Additional connectors such as SATA cable, S-Video leads etc.. are not required.
iiii) If your system shipped with an operating system, please ensure that the original OS disc and serial are returned with the PC.

Once Element Tech have received your machine we will email you to advise of successful delivery and will work on a resolution. All of the components resident in your machine are fully guaranteed and any faulting components will be suitably replaced with new equivalent models where required.

In the event that Element Tech are required to re master your system, we will attempt to save your data but cannot be held responsible in the event of data loss. Element Tech
advise all customers to make adequate backups of data periodically.

Once your machine has been repaired we will once again put it through our stringent benchmarking/burn in testing regime. If we are satisfied that the machine is now functioning correctly we will contact you and return the machine at your earliest convenience via next working day courier delivery. If you require Saturday delivery we can arrange this for a charge of £19.99

Exclusions from this warranty

• Consumables and accessories
• Non surge protected units.
• Units that have had warranty stickers removed or display evidence of internal tampering or non authorised work by another vendor.
• Electrical work external to the equipment.
• Failure of magnetic data
• Consequential loss of data
• Printers and scanners
• Software/Driver support or configuration
• Monitors, keyboards, mouse and audio speakers


2nd Year

The 2nd year of the warranty is for full telephone support, email support and labour only. In the unlikely event that your PC should fail in the 2nd year, we will once again offer support via telephone and email. If a resolution cannot be found Element Tech will issue an RMA number and you may return the machine back to us (at your cost) for testing. If our tech team locate a hardware issue we will advise of cost of repair and once additional payments have been received we will repair your PC. Please note that during the second year it is the customers responsibility to pay for the collection and re-delivery of the unit. You may use your own couriers if desired (full insurance cover is advised) or we can instruct our courier to pick the machine up from you and return the PC back once repaired for a standard charge of £59.99 inc VAT.

In the event that we do not find a fault or if errors occur due to user negligence/software conflicts there will be an additional standard charge of £25.00 inc inc VAT.

Cancellation and return

The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 working days of delivery confirming in writing if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.

Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.

Goods to be returned must clearly show the RMA number obtained from the Seller on the package.

Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.

Limitation of liability

Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

Waiver

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

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, failure of any communications, telecommunications or computer system, 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.

Severance

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.

Changes to terms and conditions

The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

Governing law and jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the law of [England OR Scotland] and the parties hereby submit to the exclusive jurisdiction of the [English OR Scottish] courts.