Terms

Terms & Conditions

Our standard terms and conditions including those of our credit accounts, conditions of contract and returns can be found below. If you require any further information, please contact us on 020 8686 5949.

 

Credit Account Application Form
Standard Conditions of Contract
Returns Conditions
Manufacturer Support Details
 

 

 


Credit Account Application Form

DMC offer trade customers a 30 day credit account subject to status and approval.

Contact your account manager for full details or please click below to download an application form.

 Download Credit Application Form


Standard Conditions of Contract

1. PRELIMINARY

1.1 IN these Conditions:

"the Company" means DMC Business Machines Plc, or any other associated company

"the Contract" means the Contract between the company and its Customer for the sale or supply of equipment

"the Customer means the person firm or company with whom the Contract is made by the company

"the Equipment" means any equipment, machine;, pens, spares, software and any other goods sold or supplied by the company

The warranty Period means


(a) in the case of hardware a period of thirteen months from the date of delivery or the balance of any warranty period provided to the Company by the manufacturer if greater or

(b) in any other case a period of ninety days from the date of delivery

1.2 THESE conditions apply to all contracts of the company to sell or supply Equipment and shall prevail over any terms put forward by the Customer unless the Company expressly agrees to them in writing. No conduct by the company shall be deemed to constitute acceptance of any terms put forward by the Customer and no concession made or latitude allowed by the company to the customer shall affect the strict rights of the company under the contract.

1.3 THESE Conditions may only be varied with the express written agreement of the Company.

2. PRICES

2.1 UNLESS otherwise specified prices payable for the Equipment are exclusive of carriage and are subject to the Company's right to require payment of delivery charges. Insurance costs, customs duties, special handling charges and/or packaging charges as appropriate

2.2 THE Company shall have the right at any time to revise prices to take into account increases in costs including (without limitation) costs of agreed changes in any taxes, duties, levies or exchange rates or costs arising as a result of site conditions, delays, interruptions, lack of information and any other factor beyond the Company's control.

3. ORDERS AND DELIVERY

3.1 NO order shall be accepted by the Company unless first confirmed by the Customer in writing or by facsimile.

3.2 THE Customer shall state on placing an order if he requires the Company to arrange carriage and if so the delivery address. If the customer so requests the Company shall be entitled to make any contract of carriage and/or insurance on behalf of the Customer as the Company considers necessary and will be under no obligation to notify the Customer thereof. The Customer will be responsible for complying with all conditions and requirements of the carriers. Unless otherwise agreed by the Company delivery of the Equipment will be ex-works.

3.3 ALL times or dates given for delivery of the equipment are only estimates given in good faith and are not conditions, warranties or innominate terms (or terms otherwise howsoever), of this or any other (whether collateral or otherwise) contract.

3.4 THE Company shall give the Customer notice when the Equipment is ready for delivery. If the Customer refuses or fails to arrange collection or take delivery (as the case may be) of Equipment ordered within seven days of service of that notice then (a) the Customer will bear the risk of any loss or damage to the Equipment after expiry of that time (b) the Company shall be entitled to immediate payment in full for the Equipment which is the subject of the order and (c) the Customer shall in addition to the invoice price pay all costs of storage and any additional costs incurred as a result of such refusal or failure. The Company shall not be liable to the Customer for any loss or damage to the Equipment caused by their storage.

3.5 THE Company may make and the Customer shall accept partial deliveries of Equipment ordered. Each delivery shall be considered to be subject of a separate Contract and failure by the Company to make any one or more deliveries in accordance with the Contract or any claim by the Customer in respect of any one or more deliveries shall not entitle the Customer to treat the Contract as a whole repudiated.

4. ACCEPTANCE

4.1 THE Customer will accept the Equipment even if it is delivered late and late delivery will not entitle the Customer to terminate the Contract.

4.2 THE Customer shall inspect the Equipment as soon after delivery as is reasonably practicable and in any event within four days after delivery, which period the Customer agrees is a reasonable period given the nature of the Equipment supplied by the Company.

4.3 THE Customer will notify the Company in writing of any shortage of supply, deficiency, or damage to or fault with the Equipment within 7 days of delivery. If the Customer fails to comply with this clause the Company shall not be liable to the Customer in respect of any shortage discrepancy, damage or fault, or in respect of any consequential losses or expenses arising therefrom.

4.4 THE Customer hereby agrees that the retention of the Equipment without written complaint to the Company within five days of delivery constitutes for all purposes an imitation by the Customer that the Equipment has been unconditionally accepted, and that given the nature of the Equipment supplied by the Company, five days constitutes a reasonable period within which the Equipment should be rejected.

4.5 EACH of the preceding sub-clauses of this clause is entirely without prejudice to the provisions of clause 9 hereof.

5. RISK

FROM the time the Equipment leaves the Company's premises whether this be by way of collection by the Customer or receipt by carriers (as the case may be) the risk in the equipment shall pass to the Customer who shall be solely responsible for the custody and maintenance thereof.

6. PAYMENT

6.1 IF credit terms have been agreed in writing by the Company payment shall be made in full without any deduction or set-off within thirty days of the date of the invoice unless otherwise agreed in writing by the Company. In any event, the Company reserves the right to withdraw credit facilities at any time. If the trading relationship between the Customer and the Company is terminated for whatever reason then all sums due by the Customer becomes payable immediately.

6.2 If credit terms have not been agreed by the Company then payment shall be made in full without any deduction or set-off at the time of placing the order for the Equipment

6.3 IF the Customer shall make or offer to make any arrangement or composition with his creditors or commit any act of bankruptcy or if any bankruptcy petition be presented against him or (if the Customer is a limited company) if any resolution or petition to wind up such a company shall be passed or presented or if a receiver or administrator of the whole or any part of such company's undertaking property or assets shall be appointed then if delivery of Equipment has been affected the invoice shall immediately become due and payable by the Customer: if delivery has not been so effected then the Company may at its option cancel the contract or cancel or suspend delivery.

6.4 NOTWITHSTANDING any of the terms and conditions hereof the time of payment shall be the essence of the Contract.

6.5 INTEREST shall be payable on overdue accounts at the rate of two percent per month or part thereof on the amount for the time being outstanding from the due date of payment thereof until receipt by the Company whether before or after judgement.

6.6 IF any cheque presented in payment of an invoice by the Customer shall be returned unpaid by the Customers bank or if any agreed standing order or direct debit arrangement shall fail to operate then the Customer shall in addition to all other sums payable under the Contract pay to the Company the sum of £20 for each such event or such greater sum as shall represent the cost incurred by the Company by reason of such dishonour or failure as aforesaid.

6.7 IF at any time whatsoever it is the Customers intention to assign its debts to an associated company of the Customer or to a Third Party, the Customer shall notify the Company without delay.

6.8 IF credit terms have been agreed by the Company, the Customer and its directors undertake to notify the Company, as soon as practicable after such agreement of the existence and identify of any associated companies under common ownership with the Customer. The obligation is a continuing obligation such that, if at any time after credit has been granted, any other company comes into common ownership with the Company, the same must be notified, as soon as is practicable, to the Company. It is agreed that the requirements under this sub-clause are of the essence on the agreement to provide credit and of any other contract made under or pursuant to that agreement between the Company and the Customer.

6.9 ANY costs and/or expenses incurred by the Company in recovering funds from or otherwise enforcing any of its rights against the Customer, whether within or outside the United Kingdom shall be fully reimbursed to the Company by the Customer, and the Customer agrees fully to indemnify the Company in respect of any such cost or expenses.

6.10 If credit terms have been agreed by the Company, the Customer undertakes to notify the Company of any material or potentially material change in its finances and/or structure and/or position generally. Such notifiable events include, but are not limited to:


(a) any change in the information supplied by the Customer to the Company for the purposes of and/or in relation to obtaining credit: and
(b) any change in the ownership of the shares in the Company and any change in the number of such shares:
(c) any change in the ownership of the shares in any company which has been, at any time the granting of credit, under common ownership with the Company:

(d) any material change in the nature and/or value of the Company's assets, whether as a result of disposal, acquisition, the grant or crystallization of any security, or otherwise howsoever.

It is agreed that the requirements under this sub-clause are of the essence of the agreement to provide credit and of any other contract made under or pursuant to that agreement between the Company and the Customer.

7. RETENTION OF TITLE

7.1 THE Equipment shall remain the property of the Company until payment is made in full for all sums due under all Contracts between the Company and the Customer.

7.2 THE Customer shall hold all Equipment property in which remains in the Company as bailee (and, for the avoidance of doubt fiduciary) for the Company, shall store the same in such a way that it can be identified as the Company's property and shall keep it separate from the Customer's own property and the property of any other person.

7.3 AT any time whatsoever the Company shall be entitled to recover Equipment property in which remains in the Company and for that purpose the Customer hereby grants to the Company its agents and employees an irrevocable license to enter any premises where such Equipment is stored in order to repossess the same.

7.4 IF in the normal course of business the Customer shall sell Equipment the property in which remains (prior to such sale) in the Company.

7.4.1 the Customer shall hold on trust of the Company absolutely all the benefit of and/or rights arising under any such contact of sale.

7.4.2 the Customer shall hold on trust for the Company absolutely all proceeds of any such contract of sale and shall pay the same into a separate identified bank account. ("the trust account") (which shall at no time have paid into it monies other than monies held on trust for the Company and shall at no point be overdrawn) as trustee for the Company.

7.5 If, as a result of or of the exercise of its rights under 7.4.1 and/or 7.4.2 above, the Company receives any monies, the same will not work in whole or in part discharge:

(a) any of the Customers liability to pay the purchase price under this or any other contract between the Company and the Customer: or

(b) any other debts owed by the Customer to the Company.

But, if as a result of payment by the Customer of all or part of the monies owed by it to the Company under this or any other contract together with receipt by the Company of monies as a result of or of its rights under 7.4.1 and/or 7.4.2 above, the Company receives in total monies exceeding in amount the Customers contractual debts to it, the Company shall pay to the Customer a sum equivalent to such excess.

7.6 The Customer's rights to use the Equipment are automatically revoked on the appointment of an administrative receiver to the Customer.

8. SPECIFICATION AND PERFORMANCE

8.1 ALL drawings specification and technical documents issued by the Company at any time in relation to the Contract are issued solely for the Customer's use in connection with the Equipment and shall not be copied reproduced or communicated to any third party without the Company's express written agreement.

8.2 THE Company reserves the right to alter or depart from any specification or design of any Equipment sold provided that such alteration or departure shall not to a material extent adversely affect the performance of the Equipment or the quality of the workmanship of the materials used.

8.3 UNLESS otherwise expressly agreed in writing any performance figures quoted or referred to in any specification or other document are estimates only based on assumed conditions in a well managed office with experienced adequate and efficient operatives and appropriate services and proper use of satisfactory material.

9. WARRANTY

9.1 THE Company will make good by repair, exchange or credit (as its option) such of the Equipment or part thereof which is shown to its reasonable satisfaction to have proved defective in materials or workmanship during the Warranty Period on the following terms:

9.1.1 any defect in or failure of the Equipment must be notified to the Company in writing as soon as predicable and in any event no later than five day after the discovery.

9.1.2 the Equipment must be unmodified, have been properly used under normal working conditions and have been properly stored installed and maintained.

9.1.3 before returning the Equipment or any part thereof the Customer must obtain a return authorisation number from the Company and details of the Company's returns procedure which must be fully complied with.

9.1.4 the Equipment or part to be returned must be delivered to the Company's premises in its original packaging together with supporting documentation showing full description of the alleged fault and quoting the relevant returns number. In the event that the Customer fails to comply with this requirement then the Company will be entitled to charge a 15% handling fee upon authorized return of the Equipment.

9.1.5 all delivery charges for carriage to and from the Company's premises must be paid by the Customer.

9.1.6 where parts only are returned the company shall not be responsible for installing any such part after repair or exchange.

9.1.7 the Company may elect to carry out any repairs at the premises of the customer and if so electing then the Customer shall provide the Company's employees or agents with free access to the place of installation and free access to any service or facilities that may be required to repair the Equipment.

9.1.8 If it so elects the Company may require the Customer to return the Equipment or part direct to the manufacturer to repair or exchange on the part of the manufacturer shall satisfy the Company's obligations under this clause 9.

9.1.9 the foregoing warranty shall only apply to any replacement Equipment or parts thereof supplied by the company under this warranty for the balance of the warranty period applicable to the Equipment sold.

9.2 THE Company gives no undertaking that the Equipment is fit for any particular purpose (including any purpose for which such equipment is commonly supplied) or is of any particular quality in respect of its appearance, finish, safety, durability or freedom from defects or otherwise. The customer, having greater knowledge of his own requirements, relies entirely on his own skill and judgement in evaluating whether the Equipment is in every respect of a satisfactory quality.

9.3 SUBJECT to the foregoing all conditions, terms and conditions, terms and representations, express or implied by statue, common tax, custom or usage in relation to the Equipment are hereby excluded and the Company shall be under no liability to the Customer, for any loss, damage or injury, direct or indirect, resulting from defective material, faulty workmanship or otherwise howsoever caused and whether or not caused by the negligence of the Company, its employees or agents.

9.4 IN no event shall the Company be under any liability whatsoever and howsoever arising for any loss of profits, interruption of business or any other indirect special or consequential loss of any type arising or alleged to have arisen out of any act or default. Whether negligent or otherwise, of the Company in respect of the Company's obligations under the Contract. Any liability of the Company is limited to the cost of the Equipment warranted.

9.5 IF the Customer deals as a consumer as defined in S. 12 of the Unfair Contracts Terms Act 1977 the above provisions shall not apply and the Customer's statutory rights under the Sale of Goods Act will be unaffected.

9.6 THE Company does not exclude liability for death or personal injury to the extent that it is caused by the negligence of the Company its employees or agents nor for breach of any of the undertakings as to title implied into the Contract by S. 12 of the Sale of Goods Act 1979.

10. PROGRAM LICENCES

10.1 The Customer acknowledges that all copyright and other rights in any program sold by the Company remain the property of the Licensors or Suppliers of the program and that neither the Customer nor any Third Party to whom the Customer supplies or transfers the program has any rights therein except as expressively licensed by the Licensor or supplier of the program.

10.2 The Customer may not accept as expressively licensed by the Licensor or Supplier of the Program:

(a) reproduce or translate any program or part of a program.

(b) sell, rent, lease or otherwise part with possession or control of a program to another party.

10.3 The Customer agrees to ensure that all programs supplied by the Company are used by any Third Party to whom the Customer transfers the program only as expressly licensed by the Licensor or Supplier of the Program.

10.4 Upon any supply or transfer of the program by the Customer to any Third Party the Customer agrees to transfer to the Third Party clauses 9.7.1 – 9.7.3 of these conditions and thereby bind the Third Party to the same.

11. PRESENTATIONS

The Company shall incur no liability to the Customer for misrepresentation by virtue of any statement made by or on behalf of the Company prior to the Contract whether orally or in any letter document or sales literature and the Customer shall not be entitled to rescind the Contract on the grounds of any such misrepresentation.

12. RETURNS

The Company shall be under no obligation to accept return of any Equipment other than as provided in clause 9. If notwithstanding the Company shall in any particular case agree to accept return of Equipment which is not defective then its shall only do so on terms that (a) the Customer shall pay a sum in respect of the costs so incurred by the Company equal to twenty-five per cent of the full invoice price subject to a minimum charge of £25 (b) the Customer shall obtain a returns authorisation number from the Company and comply with the Company's return procedure and (c) the Equipment must be delivered to the Company's premises in its original packing.

13. TELECOMMUNICATIONS EQUIPMENT

13.1 WHEN the Equipment supplied by the Company is to be used in conjunction with British Telecom's lines or apparatus then the following additional conditions shall apply:

13.1.1 British Telecom shall have the right to require modifications to be carried out to Equipment which is already installed and in use. Any modifications required will be carried out at the Customer's expense.

13.1.2 In no event shall the Company be liable for damages, loss or injury to British telecom equipment or personnel in connection with or arising out of the Customer's act or neglect.

14. FORCE MAJEURE

THE Company shall not be liable for any delay or failure in performance to its obligations under the contract which is due to or results from any circumstances beyond its reasonable control including but not limited to delays or defaults of suppliers, or the defaults of any sub-contractor, war, strike, lock-out, trade dispute, flood, accident to plant or machinery, shortage of materials or labour. In any such event the Company shall be entitled to delay or cancel delivery of the Equipment. If due to any such event the Company has insufficient stocks to meet all its commitments the Company may apportion available stocks between its customers at its sole discretion.

15. CANCELLATION

NO Contract or order may be cancelled without the Company's written consent. In the event that cancellation is agreed for whatever reason the Customer shall indemnify the Company against all costs, claims, loss and expensive occasioned thereby including any consequential loss and loss of profits.

16. EXPORT

16.1 If under this Contract the Goods are to be exported out of England and/or Wales by the Company to the Customer or its order, the following shall apply

16.1.1 Clause 9.1 (and all sub-clauses of clause 9.1) hereof shall not apply. The Goods are sold with the manufacturer's warranty (if any is provided) only. Subject to its absolute discretion as to how to do so the Company will use its best endeavours, if requested to do so by the Customer, to ensure that the Customer's rights against the manufacturer under any such warranty are satisfied.

16.2 It is a condition of this Contract that the Customer enters this Contract as principal and not as agent for any other person or party. The Customer by entering this Contract agrees and represents that it does so as principal and not as an agent.

16.3 If as a result of any non-payment or any other breach of this Contract by the Customer the Company takes any steps, action or proceedings howsoever to obtain payment or to enforce its rights hereunder, the Customer shall be obliged to fully to indemnify the Company in respect of any costs (which, if proceedings are issued, shall be paid by the Customer on the indemnify basis) or expense or liabilities thereby suffered or incurred by the Company.

17. GENERAL

17.1 If at any time one or more of the above Conditions becomes in whole or in part void, invalid or unenforceable then the remainder of these Conditions shall nevertheless remain valid and enforceable.

17.2 ALL notices hereunder shall be in writing and shall be given by hand or sent prepaid first class post facsimile or telex shall be deemed to have been delivered on the first working day following the date of their despatch.

17.3 THE construction, performance and validity of the Contract and of these Conditions shall in all respects be governed by the laws of England and the parties to this Contract hereby submit to the exclusive jurisdiction of the Courts of England and Wales.

17.4 ASSOCIATED Company shall mean DMC Business Machines Plc or a subsidiary thereof (unless otherwise expressly defined) and 'subsidiary' having the meaning as defined by section 736 of the Companies Act 1985.


Terms and Conditions for Returns

DOA and faulty goods are subject to terms and conditions of on site warranty where applicable. 

Please contact the manufacturers support centre prior to reporting it to DMC. All other products must be reported to DMC with full details of fault including error codes. Faulty consumables must be accompanied by a sample print out. Products with missing components will not be approved for return. Please ensure product boxes are complete. Incomplete boxes will be voided for return and will be returned to you at your cost.

Damaged products and shortages must be reported to DMC within 48 hours of delivery.

All products returned due to customer error, will be subject to a re-stocking charge of £25 plus VAT or 25% of the invoice, which ever is the greater. Returns are valid for 14 days from the date of receiving an official returns request.

 

Returns Policy

 

1. Items may only be returned with the view to credit if:

(a) The items are delivered in a damaged condition.  DMC should be notified within 48 hours of delivery to ensure a return.

 

(b) The items are faulty.  These are items that are either defective on arrival or that become faulty up to a period of 14 days from delivery. 

DMC can only accept faulty items up to a period of 14 days.  Thereafter if the items fall under a warranty, the Manufacturer should be contacted for further action.

 

Please note that in some circumstances, authorisation from the Manufacturer may have to be obtained first before a return can be arranged.

(c) The items were ordered in error.  DMC should be notified within 3 working days of delivery to ensure a return. All items returned due to customer error will be subject to a re-stocking charge of £25 plus VAT or 25% of the invoice which ever is the greater.

(d). The items delivered were as a result of a picking error or a short shipment If the wrong items or the wrong quantity are delivered, DMC should be notified within 48 hours of delivery.

2. The following procedure should be followed to arrange items to be returned:

(a) Upon notifying DMC within the allocated period, the Customer will receive a Goods Return Request form. All details must be filled out in full to enable the return. Please note that this is a return request only and does not automatically guarantee credit for the returned item.

(b) A Goods Return Number (GRN) will be issued to the Customer once DMC has authorised the return.

(c) A collection will then be arranged. 

(d) All items must be returned in the condition in which they were sold, complete with original packaging and accessories. Failure to do so will result in the return being rejected. The GRN must be clearly stated on the outside of the packaging.

(e) Upon return to DMC, the item will be inspected. A full credit against the original invoice will be issued if the returned items are deemed to be in compliance with DMC's terms and conditions. Items with missing components will not be approved for return and will be returned to the Customer at their expense.