Terms & Conditions

GENERAL
All orders are accepted and goods supplied subject to the following express terms and conditions. These conditions may not be modified or varied unless The Blue Lizard Limited (hereafter referred to as the company) agrees in writing, and the company shall not be deemed to accept such other conditions nor waive any of these conditions by failing to object to provisions contained in any purchase order or other communications from the buyer. No person except a company director or the company secretary has authority on behalf of the company to vary any condition and then only in writing signed by a company director or the company secretary. No binding contract shall be created until the company has indicated its acceptance of an order in writing.
SETTLEMENT TERMS
Payment for all server orders shall be made in advance.
PRICES
All prices are subject to change without notice. Unless otherwise agreed in writing, all orders are executed subject to prices ruling at the date of dispatch and no price list of the company, whether published or not, shall affect the right of the company to charge for goods in accordance with this clause. In the event of any variation or suspension of orders through the buyers' instructions or lack of instructions, prices may be increased to cover any extra expenses thereby incurred by the company. Where applicable value added tax will be charged at the rate applicable at the date of invoice.
SERVER SPECIFICATIONS
In the event of any part being unobtainable, the company reserves the right to substitute another part of equal or greater value.
SPECIAL OFFER
1. Offer limited to one per organisation.
2. The offer includes 30 free support emails per month for 6 months.
ORDERS
Orders sent in confirmation of telephone instructions should be clearly marked as such, otherwise any additional expense incurred as a result of duplication of orders will be payable by the buyer.
CANCELLATION
Acceptance of cancellation of an order shall be at the discretion of the company and any such acceptance may be subject to payment by the buyer of a cancellation charge, representing the company administrative costs involved. In certain instances where the company has spent considerable effort in obtaining goods specially requested for by the customer, the company may decide at its discretion not to allow cancellation of such order.
DELIVERY
Delivery dates are given in good faith by the company to indicate estimated delivery times but shall not amount to any contractual obligation to deliver at the time stated. The company will accept no liability for direct or consequential loss or damage arising from delay in delivery. The company is currently unable to offer delivery outside mainland UK.
TITLE TO GOODS
The company and the buyer agree that until the company has received fully cleared payment for the goods:
1. Property in the goods shall remain with the company and the buyer shall hold the goods as a bailee and be fully accountable to the company in respect thereof until such time as payment in full has been received by the company for all goods supplied.
2. As bailor of the goods, the company, by its employees or agents, shall (without prejudice to the buyers continuing fiduciary obligations) be entitled to enter upon or into any land, buildings or vehicles where the goods, delivered to the buyer under this contract together with any interest or any other sum payable in respect of the goods under this contract, or part of them, are situated or are reasonably thought to be situated, to retake possession of the same.
DISPATCH CHARGES
All orders will be subject to carriage charges. Carriage charges can be obtained from the company. Special delivery (within 24 hours) may be arranged with the company at an additional charge. This additional charge will not be refundable in the event of any disagreement / dispute arising on that contract.
DAMAGE OR LOSS IN TRANSIT AND SHORTAGES
Any damage to goods in transit, or shortages, must be notified to the carriers immediately and to the company within 24 hours of receipt. Packaging and contents must be held for inspection.
COMPATIBILITY
Servers are not supplied on a trial basis. Customers are responsible for verifying suitability and compatibility of equipment before purchasing it. All equipment with variable configuration is supplied at a default configuration unless specified otherwise in writing or so requested. All software items supplied are subject to Manufactures licensing agreement the seal must not be broken if the conditions of the license are not acceptable.
RETURNS
A Return Merchandise Authorisation (RMA) must be obtained from the company prior to returning any item. The returned item must be accompanied by the relevant invoice / delivery note. The company accepts no responsibility whatsoever for items returned without a RMA and the relevant invoice / delivery note. Unwanted items returned for refund or exchange, for whatever reason, will be subject to a restocking charge of £20, or 20% of the purchase value, whichever is greater. Software items will not be accepted for return unless the goods are faulty or the shrink-wrap or copyright seal is intact. Items returned as faulty but found to have no fault will incur a handling and testing charge of £20, or 20% of the purchase value, whichever is greater. All packaging material must be retained until the goods are fully tested and functional. If for any reason the goods are returned, they must be returned in their original packaging material. All warranty repairs must be returned in the original packaging.
WARRANTY
1. The company will repair or replace, at its discretion, faulty equipment, it will be the customer's liability to pay carriage charges for returning goods to the Company's premises.
2. All servers are covered by a 12-month repair warranty for parts and labour only from the date of purchase.
3. The company does not replace any faulty items in advance without first being able to examine the faulty items for themselves.
4. Except where the buyer is dealing as a consumer (as defined in the Unfair Contract Terms act 1977 Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the products and whether implied by statute or common law or otherwise are excluded.
5. Any special needs by the buyer from the company must say so in writing as to what specifications or standards the buyer requires.
6. Damage caused to any returned goods which is due poor packaging is the responsibility of the buyer.
CONSEQUENTIAL LOSS
The company's liability will be limited to the value of the goods only and not for any consequential damages or losses howsoever caused.
FORCE MAJEURE
The company shall not be liable for any delay in or failure to perform any of its obligations hereunder if the delay or failure is due to causes outside the reasonable control of the company.
BANKRUPTCY
In the event of the buyer committing any breach of contract with the company or if any distress or execution is levied upon the goods of the buyer or if the buyer offers to make any arrangement with or for the benefit of the buyer's creditors or commits any act of bankruptcy or, being a limited company, has a receiver appointed of its undertaking or assets or any part thereof or, for the purpose of a reconstruction or amalgamation without insolvency, goes into liquidation, the company shall thereupon be entitled without prejudice to other rights forthwith to suspend all further deliveries until the fault has been made good or to determine the contract or any unfulfilled part thereof, at the company's option to make partial deliveries.
LEGAL CONSTRUCTION
Unless otherwise agreed by the company in writing, these conditions and the agreement to which this document relates shall in all respects be constructed and operate as an English contract in conformity with English law.