NSYS Terms & Conditions

Terms and Conditions

Terms and Conditions

1. Definitions

You the customer; a person or company buying products or services from NSYSonline.

Consumer; a person buying products or services for their own personal use.

Business customer; a company as defined under English law

NSYSonline; Northbridge Systems Ltd, known as NSYS, us, the Product Supplier as identified on your invoice and, where relevant, Service Provider.

Integrated Customer Specified Software (ICSS)
3rd party software or customer downloads installed by NSYSonline

Factory Integrated Components (FIC); integrated 3rd party components installed by NSYSonline during the build process.

Order confirmation; acknowledgement of product ordered by you, sent by NSYSonline. Price stated in Order Confirmation.

Product; as described on the website and as stated in the Order Confirmation, may include 3rd Party Products and Service Offerings

Service; as described in the NSYSonline Installation Agreement and/or Order Confirmation.

Service Provider; NSYSonline or its authorised service experts

3rd Party Products; as stated in the Order Confirmation, not branded or manufactured by NSYSonline.

Software; computer operating systems or applications

2. Application; This Agreement applies to this sale, service and all statements made by NSYSonline in price lists, adverts, brochures, quotations, on the internet or verbally. Variations to this Agreement must be made by NSYSonline in writing. Any other Terms, Conditions or Purchase Orders are excluded. Placing your order means acceptance of this Agreement. NSYSonline may change this Agreement at its choosing.

3. Orders/Contract; Orders are accepted by writing, internet, telephone or e-mail, but are only binding when accepted by NSYSonline. Acceptance is deemed to have taken place when either NSYSonline sends the Order Confirmation in writing or payment has been taken. Please check the Order Confirmation and notify NSYSonline of any mistake in writing immediately, failure to do so will result in the details stated in the Order Confirmation applying to this Agreement.

4. Price & Payment Terms: Quotations are only valid in writing and during the period that they state. If no time is stated the quotation will be valid for a period of 7 days. NSYSonline reserves the right to change Products (incl. 3rd Party Products) with products which are at least equivalent in functionality and performance. Price excludes installation. Occasionally, due to forces beyond our control, prices may cause NSYSonline to adjust prices. Payment will be made before supply or service or, if agreed, within the specified terms. NSYSonline may suspend deliveries or service until full payment is received.

If payment is late, interest at 5% above the minimum lending rate of NatWest Bank PLC on the late amount and the costs of recovery shall be payable by the customer. Cheques are only accepted once the funds are confirmed by the Bank as being cleared.

5. Delivery/Title/Risk: Where delivery dates are quoted, this is merely an approximation since testing can impact on it. Delivery by instalments may be made. The place of delivery is stated in the Order Confirmation and subject to fraud verification.

Title to Product does not pass until full payment in cash or cleared funds have been received for all goods and services delivered to the buyer under this and all other contracts between the seller and the buyer. Until then the customer must insure and store the goods separately and may not modify, pledge or sell them. NSYSonline may enter the storage premises to repossess the goods at any reasonable time specified by NSYSonline until full payment has been received.

Should the customer sell them before title passes, they will become NSYSonline agent and the proceeds of the sale shall be held on our behalf, separately from the customer's general funds. NSYSonline may sue for the Price before title passes.

If the customer refuses delivery without NSYSonline agreement the customer must pay NSYSonline expenses or losses resulting from that refusal, including storage costs, until the customer accepts delivery.

Goods and services are only extended to those parties residing in the UK.

6. LCD / TFT Display and television Pixel Anomalies: Due to the manufacturing process employed when producing TFT displays there is a tolerance of pixel anomalies (bright / dark / coloured dots) the limits of which are set by the TFT manufacturer.

The Manufacturer of the TFT screen will only consider it to be defective and therefore require replacement (in accordance with the warranty) when the TFT manufacturer's tolerance limit is exceeded. Please consult the information entitled 'LCD Tolerances or Pixel Defects' supplied with your TFT device or on the manufacturer's website. To make life easier, the Pixel Defect Policy of some manufacturer's can be found under the monitor link on the right.

7. Acceptance: When the product is received by you, it must be inspected promptly. Failure to reject within a reasonable period after delivery is deemed to be acceptance of the goods. After this period the goods will have been accepted.

If NSYSonline agrees to the return of the Product at its choosing, it must be in its original condition with all packaging and associated items , with an NSYSonline issued returns number and proof of purchase.

NSYSonline reserve the right to levy a restocking fee for returned items unless their return is based upon distance selling regulations in force at the time of their return or NSYSonline has determined the item is faulty.

Except in the case of faulty items the customer is responsible for the safe and insured return of the item(s) to NSYSonline.

8. Distance Selling Regulations: The Consumer may cancel the contract, by indicating their wish to do so in writing to NSYSonline within seven working days, starting the day after the product is received, or, if for a service, seven working days starting from the date the Consumer entered into the contract.

The Consumer must return the goods to NSYSonline in its original condition with all packaging, associated items and an NSYSonline issued returns number. The cost of the return is to be borne by the consumer.

The Regulations do not apply to used goods and unsealed licensed software or items specifically built to order. NSYSonline will refund, less appropriate deductions, to the Consumer within thirty days of the written notice of cancellation, by the original method of payment.

NSYSonline will deduct from any refunds the direct charges incurred in respect of: Transit Delivery Charges £35 Inc VAT (maximum three boxes).

CONTACT DETAILS ;

NSYSonline,
Northbridge House,
2 Gower Drive,
Biddenham,
Bedford,
MK40 4PZ.

Telephone Number 0845 108 015.

If you have any questions or complaints regarding the company, these can be addressed to the Customer Care Manager at the above address.

No stock is held at the above address.

The company will endeavour to acknowledge written complaints within 24 hours. The time it takes to reach complete resolution of complaints will be governed by the nature and complexity of the issue but we will endeavour to ensure that consumers are informed of the progress of complaints as appropriate.

Distance Selling regulations allow for a cooling off period of seven days from receipt of goods covered under the legislation. Customers may return specified goods without reason within this period for a refund. This excludes goods made to the consumer's specifications. It does not apply to goods intended for everyday consumption. Video recordings or computer software unsealed by the consumer are also excluded.

The cost of returning and appropriately insuring the goods until satisfactory receipt at NSYSonline will be borne by the customer. To cancel the contract NSYSonline's Customer Care Manager must be contacted in writing at the above address within 7 working days of receipt of the goods.

Delivery is deemed to be completed on the day after receipt of the goods to allow the customer time to inspect the goods purchased. The customer will be required to return the goods before a refund can be processed.

Following receipt of written rejection the customer care department will contact the customer with 48 hours. This number must be quoted on all returned goods so that the goods can be properly identified.

The company cannot be held responsible for goods returned without proper identification. It is the customer's responsibility to ensure the safe return of the item(s) in the original condition with all associated items and packaging.

The item(s) will be deemed as returned upon inspection and confirmation that they are complete and in good order by NSYSonline. A refund will be issued within 7 days of satisfactory receipt of the goods. Refunds will be by payment to the originating credit card or by cheque.

Details relating to the warranty of products purchased from NSYSonline will be included with any PC purchased. Other products are covered under the terms of the Sale of Goods Act 1979 (as amended).

Products other than PC's, notebooks, servers or consumables are covered by a 1 year warranty. These details form part but are not the exclusive extent of your contract with NSYSonline which is governed under English law. Your statutory rights as a consumer are unaffected.

9. Warranty: NSYSonline guarantees to you that Products (excl. 3rd Party Products) will be free from defects for 12 months from delivery. Notebook batteries are deemed consumable items and have a warranty period of 90 days.

Should a product be defective within the warranty period NSYSonline will repair or replace the product within a reasonable time. The customer must allow NSYSonline to examine the Product at our premises. NSYSonline owns any replaced Product or parts.

All reasonable care and endeavour shall be used to resolve problems within a realistic period in the circumstances. NSYSonline repairs using components on a like for like basis. Where a particular part is not available NSYSonline reserves the right to substitute the part with a similar or better alternative.

An item will be deemed as faulty only after investigation by NSYSonline. The warranty will only be activated after diagnoses by NSYSonline of a warranty fault. NSYSonline does not give a warranty or guarantee protection for:

a) damage caused by incorrect installation, use, modifications or repair by any unauthorised 3rd party or the customer;
b) damage caused by any party or other external force;
c) fitness for any particular purpose not notified to NSYSonline and agreed in writing at the point of sale or prior to delivery;
d) 3rd Party Products, ICSS and FIC specified by the customer. Support for these products will be received directly from their manufacturer or licensor;
e) any instruction given by the customer and correctly performed by NSYSonline.

10. Services: Services will be provided by NSYSonline or a Service Provider on NSYSonline's behalf. Response times are estimates and may vary according to the remoteness or accessibility of Product location.

Service may be provided via telephone, internet, e-mail, letter or any other means of communication both written and verbally where appropriate. If agreed, and stated in the Order Confirmation, Service Offering may include advice, installation, integration, disposal, training and /or consultancy. Unless stated in your Order Confirmation the following are excluded from Service:

-items excluded from Warranty,
-changes to configuration,
-relocation,
-preventative maintenance,
-consumables,
-diskettes,
-unnecessary work in NSYSonline's assessment,
-electrical environment,
-transfer of data or Software,
-viruses
-customer initiated errors either hardware or software.

3rd Party Products will be repaired according to manufacturer or licensor warranty.

11. Integrated Customer Specified Software (ICSS): The customer will specify and provide ICSS or NSYSonline may obtain ICSS at your instruction. NSYSonline will indicate acceptance and/or validation of ICSS, then will integrate ICSS into Product, producing an ICSS Product. NSYSonline may install ICSS Product under your instruction or under NSYSonline technical advice if agreed. NSYSonline will not carry out ICSS work if,in our view, it is not technically feasible.

12. Factory Integrated Components (FIC): The customer will specify and provide FIC or NSYSonline may obtain FIC at your instruction. NSYSonline will indicate acceptance and/or validation of FIC, then will integrate FIC into the product, producing an FIC Product. NSYSonline may install FIC Product under your instruction or under NSYSonline technical advice if agreed. NSYSonline will not carry out FIC work if in our view, it is not technically feasible.

13. Liability: NSYSonline's liability in respect of defects in the goods shall be limited to those stated in Clause 9 and subject to Clause 2(1) of the Unfair Contract Terms Act 1977, NSYSonline shall not be liable whether in contract or in tort, including but not limited to negligence, or by reason of breach of statutory duty or otherwise, for any damage or loss whatsoever suffered by the buyer arising out of or attributable to such defects.

Neither party shall be liable to the other for any indirect or consequential loss or damage, loss of profit, loss of use or production or of contracts which the other may suffer arising out of any breach by a party of its obligations under the contract and whether the same be due to the negligence of that party or not.

14. Intellectual Property: The customer indemnifies NSYSonline for any of ICSS or FIC specified or owned by the customer and integrated into Product. NSYSonline is allowed to litigate, negotiate and settle claims and the customer must assist us at our expense (except where ICSS or FIC owned by the customer is allegedly infringing) when litigation is directly related to your Product.

NSYSonline retains all NSYSonline-owned ICSS or FIC in Product. The customer must notify NSYSonline immediately of any infringing or unauthorised use of Product or ICSS or FIC in it.

15. Software: Software not owned by NSYSonline is supplied subject to the licence and warranty of the Software licensor. NSYSonline encloses the Software licence that the customer requires with the Product where necessary; you must comply with that licence.

16. Export Control: The customer acknowledges that the Product may include technology and Software which is subject to EU and US export control laws and laws of the country where it is delivered or used: the customer must abide by all these laws. Product may not be sold, leased or transferred to restricted end users or countries or for a user involved in weapons of mass destruction or genocide.

The customer acknowledges that EU and US restrictions vary regularly and depending on Product, therefore you must refer to the current EU and US regulations.

17. Force Majeure: NSYSonline is not liable for delays in performance (incl. delivery or service) caused by circumstances beyond its reasonable control and will be entitled to a time extension for performance; examples include strikes, supplier/transport/production problems, exchange fluctuations, governmental or regulatory action and natural disasters. If this lasts more than 2 months, this Agreement may be terminated by either party without compensation.

18. Confidentiality: Each party must treat all information received from the other marked 'confidential' or reasonably obvious to be confidential as it would treat its own confidential information.

19. Termination: NSYSonline may terminate this Agreement with written notice if the customer:

a) fails to pay on time and within 14 days of written notice;
b) breaches or NSYSonline suspects the customer has breached export control laws.

Either party may terminate if the other;
a) commits a material or persistent breach of this Agreement and fails to remedy this within 30 days or written notice from the other; or
b) becomes insolvent or is unable to pay debts as they fall due.

NSYSonline reserve the right to charge for any components, engineer's time and related costs due to order cancellation.

20) Your obligations as a Customer: You are responsible for;

a) your own choice of Product and its suitability for purpose;
b) your telephone & postal charges in contacting NSYSonline, if any; c) any ICSS or FIC specifications & instructions given by the customer;
d) all ICSS or FIC, its performance, licences, authorisations and any unused ICSS or FIC.

The customer must provide NSYSonline with all reasonable courtesy, information, cooperation, facilities and access to enable NSYSonline to perform duties, failing which NSYSonline shall not be obliged to perform any service or assistance.

The customer is responsible for the removal of non NSYSonline supplied products during service, back up and confidentiality of all data in Product and all of your legal and regulatory requirements.

21. Data Protection: Your data will be held and /or transferred in strict accordance with the applicable data protection laws and NSYSonline's data protection registration and you consent to this. You may instruct NSYSonline not to use your data for direct marketing purposes.

By submitting information via this site or any related telephone registration process:

You consent to the processing of data personal to you, such as your name and title, address, telephone number, contact details and other personal details (“Personal Data”), in accordance with the terms notified in the “Personal Data” (or similarly entitled) part of the registration/data input form or telephone registration process for this site.

You acknowledge that the processing of your Personal Data is necessary and/or desirable for the personalisation of your visit to this site and/or the granting and controlling of access to this site or parts thereof to registered Users or paying subscribers and for fraud prevention purposes you consent to such processing.

In certain circumstances we may seek additional personal information such as dates of birth, photocopies of identification documents or credit cards for example for identity verification or fraud prevention purposes. Where such additional information is submitted to us, it shall also be regarded as “Personal Data”.

22. Consumer Rights: Any statutory Consumer rights are unaffected by this Agreement.

23. Jurisdiction: English law and the exclusive court jurisdiction of the English courts will apply to this Agreement. The Vienna Convention on Contracts for the International Sale of Goods is excluded.

24. Miscellaneous: If any part of the Agreement is found to be invalid or unenforceable by a court, the rest is unaffected. NSYSonline may subcontract its obligations to a third party. Otherwise, neither party may assign or transfer any obligations or rights. All notices must be in writing (by hand, email, fax or 1st class post deemed delivered 48 hours after posting) and sent to a legal officer of either party. You can find all NSYSonline policies and notices via www.nsys.co.uk and you should refer to this site for any further updates.

Thank you for doing business with NSYSonline

Return to Base Warranty (UK mainland only)
1. Cover provided under this Contract: An unlimited number of requests for hardware service to the base unit and monitor ** during normal working hours of 9.00 a.m. to 5.00 p.m., Monday to Friday inclusive, excluding Public and Bank Holidays. Work performed outside normal working hours, software problems, or customer initiated malfunction will be liable to a charge.

The free replacement or repair of any part of the equipment hardware in the equipment schedule* that has failed during normal use. Parts may be exchanged on a like for like basis
.
The Company may inspect, adjust, repair or replace the equipment or any part of it as it considers necessary or advisable.

Unless otherwise agreed specifically in writing by the Company in relation to any particular item, the Company has no responsibility under this Contract in relation of any of the following items, namely:

- Software issues, storage media, data retrieval
- Aerials, Building, wiring or telephone instruments where relevant
- External services outside the control of the Company
- Consumable items as specified by the equipment manufacturer/distributor
- Repair or alteration of equipment by unauthorised 3rd parties

2. Period of Agreement:
Where the customer is in breach of any of its obligations under this or any other agreement between the parties, without prejudice to the Suppliers or their remedies (including the right to terminate this agreement on a continuing or further breach) the Supplier may suspend the provision of its services.

3. Assignment:
The Company shall be entitled to transfer or assign all or any of its rights in this agreement and to perform any of its obligations through nominated sub-contractors. Responsibility for using, employing and paying 3rd parties not authorised by us to inspect or repair your equipment is your sole and direct responsibility.

4. Customer undertakes:

To carry out routine day-to-day preventative maintenance as may be recommended under the Customer operating instructions supplied with this equipment

To permit no alteration to apparatus or wiring except by Agreement with the Company and work to be carried out in accordance with approved procedures

To notify the Company in writing in the event that the Equipment is to be re-located

Responsibility for adequate back-up of its data since its protection or recovery forms no part of the agreement.

Responsibility for costs incurred for the safe and insured return of the equipment to NSYSonline, and subsequent return to the customer. (Collection and return of the equipment can be arranged for a charge by NSYSonline if required)

Return to Base Warranty (Labour Only)

The terms and conditions for this type of warranty are as per those for 'Return to Base Warranty' with the exception of section 1. Cover provided under this contract. This is as follows;

5. Liabilities:
NSYSonline's liability in respect of defects in the goods shall be limited to those stated in Clause 9 and subject to Clause 2(1) of the Unfair Contract Terms Act 1977, NSYSonline shall not be liable whether in contract or in tort, including but not limited to negligence, or by reason of breach of statutory duty or otherwise, for any damage or loss whatsoever suffered by the buyer arising out of or attributable to such defects.

Neither party shall be liable to the other for any indirect or consequential loss or damage, loss of profit, loss of use or production or of contracts which the other may suffer arising out of any breach by a party of its obligations under the contract and whether the same be due to the negligence of that party or not.

6. Virus Infection:
The number of computer viruses in circulation is increasing. A number of these may result in loss of data or damage to the system hardware or software. Issues arising from a virus infection are chargeable.

7. Force Majeure:
Neither party shall be liable for any failure to perform its obligations hereunder as such failure arises from any Act of God, War, Strike, Lockout or other labour dispute, Riot, Civil Commotion, Fire, Flood, Drought, Legislation or other causes (whether of the foregoing classes or not) beyond the control of the party concerned.

8. Response Times:
Upon determination by NSYSonline that a hardware problem exists, NSYSonline will allocate resources to repair your machine upon its return within a timely manner.

* Equipment Schedule shall be taken to mean any hardware installed within the NSYSonline supplied equipment at the time of purchase. External items are classed as peripherals and therefore have a 12 month return to base or manufacturers warranty. Batteries are subject to charge / discharge limits so are classed as consumable items. The warranty on these items is therefore 90 days.

** Monitors are provided with a separate manufacturer's warranty. Please refer to that for their contact details and guidance.

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