Quintic Consultancy Ltd - Terms & Conditions
(1) "Business Customer" means a customer
who is not a Consumer also referred to as “you” in these terms
(2) "Consumer" means an individual who is not acting
for the purposes of his or her business or profession also referred
to as “you” in these terms and conditions.
(3) "Quintic" means Quintic Consultancy Ltd also referred
to as "we" or "us" in these terms and conditions.
(4) "Catalogue" means the catalogue of products and
services offered by Quintic.
(5) "Force Majeure" means any cause affecting the
performance by Quintic of its obligations arising from acts,
events, omissions, happenings or non-happenings beyond its reasonable
control including (but not limited to) governmental regulations,
fire, flood or any disaster or industrial dispute affecting
a third party.
(6) "Normal Working Hours" means 9 am to 5.30 pm on
a Working Day.
(7) "Working days" means Monday to Friday, excluding
Bank or other Public holidays.
Please note that special terms apply to Consumers,
which prevail over the other provisions of these terms and conditions.
Customers who are Consumers are referred to Clause 13.
(1) All contracts of sale made by Quintic shall
be deemed to incorporate these terms and conditions, which shall
prevail over any other terms from the party ("the Customer")
with whom Quintic is dealing. Cancellation of orders by business
to business customers is not accepted as many orders are despatched
on the same day the order is placed. Cancellation of orders
by Consumers will be accepted in accordance with the Consumer
Protection (Distance Selling) Regulations 2000. Nothing in these
terms and conditions is intended to impinge upon a Consumer’s
statutory or contractual rights to reject faulty goods.
(2) All orders are subject to acceptance and to availability
of the goods ordered: Quintic is entitled to refuse any order
placed by you.
(3) You undertake that:
(a) all details you provide to us for the purpose
of purchasing goods or services offered on our web site are
(b) the credit or debit card you use to make
a purchase from us is your own card or your company’s card,
that you are authorised to use it, and that there are sufficient
funds or credit facilities to cover the cost of any goods or
services you order from us. We reserve the right to obtain validation
of your credit or debit card details before providing you with
any goods or services.
(4) Please note, Quintic may record and / or
monitor inbound and outbound calls and electronic traffic for
(1) Goods and services, together with VAT, are invoiced at the
price prevailing at time of order.
(2) Quintic reserves the right to modify the
prices from time to time.
4. Delivery, Title and Risk
(1) Quintic shall use reasonable endeavours
to despatch goods by the date agreed with the customer, but
does not accept liability for failure to deliver within the
stated time where this is caused by circumstances beyond our
reasonable control, such as delays caused by delivery companies
or manufacturer lead times. If a delay is likely, we shall contact
the customer and advise of the delay. A customer who is a Consumer
shall be entitled to cancel an order when advised of a delay
if the revised delivery date is not acceptable.
(2) In the case of a Business Customer, if Quintic is unable
to deliver the goods within 30 days of the agreed delivery date
, the Customer will, as its sole remedy, be entitled to cancel
the order and require any monies paid to Quintic in respect
of that order to be refunded. In order to cancel, the Customer
must send written notice of cancellation to Quintic after the
above date but before delivery of the goods or notification
from Quintic that the goods are ready for delivery. This Clause
does not apply to Consumers.
(3) In the case of Business Customers, Quintic does not accept
liability for shortages or damage to deliveries unless the Customer
notifies Quintic of the shortage or damage in writing within
7 days of receipt of the delivery. Consumers should notify shortages
or damage within a reasonable period of becoming aware.
(4) Business Customers are required to be able to accept the
goods when they are ready for delivery within Normal Working
Hours. (5) Delivery is deemed to take place when the goods are delivered
to the Customer's nominated address, whereupon the risks of
loss, breakage and all damage and all other risks shall pass
to the Customer.
(6) Title in the goods does not pass to the Customer until payment
is received in full by Quintic.
(7) If the Customer cannot accept delivery, Quintic may at its
(a) store and insure the goods at the Customer's
expense and risk or
(b) sell the goods at the best price reasonably
obtainable and (after deducting reasonable storage insurance
and selling costs) pay to the Customer any excess over the sale
price or charge the Customer for any shortfall or
(c) re-arrange delivery provided that Quintic
may charge the Customer for the additional delivery costs incurred.
(8) The Customer may request a Proof of Delivery, provided that
this request is made in writing within 3 months of the date
of delivery and Quintic shall use reasonable endeavours to provide
such proof. Thereafter, delivery shall be deemed to have been
(1) Quintic's standard terms of payment are
30 days from the date of the invoice, and these will apply except
in the case of transactions where different terms are agreed
6. Product specifications
(1) Quintic makes every effort to supply the
goods as advertised but reserves the right to supply the goods
subject to minor variations in actual dimensions and specifications
where these are changed by the manufacturer.
(2) If Quintic cannot supply the goods ordered
by the Customer, Quintic reserves the right to offer goods of
equal or superior quality at no extra cost. In such a case,
if the Customer does not wish to accept the alternative goods
offered, he or she may cancel the order and require the refund
of any money paid to Quintic in respect of that order, including
carriage charges. This shall be the sole remedy of the Customer
in these circumstances.
(3) Due to the current manufacturing methods
of active matrix display panels, a small percentage of sub-pixel
anomalies (i.e. a pixel stuck on or off) are accepted by the
industry as unavoidable. Accordingly, because the manufacturing
yield of perfect active matrix panels is low, displays may have
some sub-pixels that are either always on or off. The cost of
accepting only theoretically perfect displays would almost double
the price of a portable computer using an LCD screen. Please
be aware of this before purchasing a TFT screen. Quintic has
to adhere to the manufacturer's guidelines stipulating that
a given number of pixel failures are deemed acceptable before
the TFT screen is accepted for replacement on grounds of fault.
7. Trade names and Trade Marks
(1) Trade names and marks (other than Quintic's)
are not always indications of the actual manufacturer of a particular
product and may rather be indicative of general use systems
and machines associated with such products.
(2) In the case of component purchases, Customers
requiring a particular brand of product should, before placing
an order, check with Quintic the identity of the manufacturer
of component it is proposed to purchase.
8. Warranties and Returns
Please not that special terms apply to Consumers
who wish to return goods, which prevail over the provisions
of this Clause 8. Customers who are Consumers are referred to
(1) Quintic is committed to providing our customers
with the highest quality products and service. However, on rare
occasions, products may be found to be faulty or defective.
In such cases we offer the returns facilities described below.
(2) Unless otherwise stated in the manufacturer's
documentation, all goods delivered to a UK mainland address
carry a 12-month manufacturer's warranty.
(3) If you purchase goods in the course of your
business, the following provisions of this Clause shall apply.
Other than the express provisions set out in these terms and
conditions, all other terms and the implied terms or warranties
relating to the supply of goods are excluded to the fullest
extent permitted by law. Goods are not tested or sold as being
fit for any particular application or for use under specific
conditions, unless expressly agreed in writing.
(4) If you purchase services in the course of
your business, the following provisions of this Clause shall
apply. Quintic shall use its skill and expertise to carry out
any contracted works (the "Service(s)") to a standard
equivalent to that of a competent computer professional, and
shall warrant our work as free from defects, for a period of
30 days after completion. In particular, we cannot be held responsible
for any fault or damage not caused by Quintic services' engineers
or its contracted agents. In the event of a claim arising relating
to the level of skill and judgment applied in the course of
providing Services, Quintic reserves at its sole discretion
the right to appoint an independent expert in the field to appraise
the work carried out in the execution of the Service(s). Additionally,
Quintic cannot be held responsible for equipment installed or
configured when the equipment has subsequently been altered
or configured by persons other than Quintic. Except as set out
here, all other express or implied terms or warranties relating
to the Services are excluded to the fullest extent permitted
(5) Subject to the right of Consumers to return
goods for refund under The Consumer Protection (Distance Selling)
Regulations 2000 (see Clause 13), Quintic does not sell products
on a trial basis. Customers are strongly advised to check suitability
and specifications of products before ordering.
(6) In the event that Quintic, at its discretion
(unless the Consumer Protection (Distance Selling) Regulations
2000 apply, see Clause 13), agrees to accept the return for
credit of unwanted products, the goods must be returned with
Quintic's prior written agreement within 14 days of delivery.
The goods must be unopened and in perfect re-saleable condition.
All goods returned in these circumstances (except where the
Consumer Protection (Distance Selling) Regulations 2000 apply,
see Clause 13) will be subject to a handling fee of 15% of Quintic’s
sale price for the goods, or £20, whichever is the greater.
(7) Subject to testing to verify any alleged
fault, we will accept the return of defective goods for full
refund or replacement at our option, if, but only if, the goods
are returned within 14 days of delivery. Consumers who wish
to return defective products are not obliged to follow the processes
set out below, but are recommended to do so as this helps us
to provide a more efficient returns service.
(a) Quintic's technical support staff or Customer
Support staff, as appropriate, will advise you of which method
of delivery to use to return the products. Depending on the
nature of the product purchased, we will either arrange a courier
collection, or request that you return the product directly
to us. If the goods are found on inspection to be defective,
the cost of returning the item will be refunded to you. Authorised
product returns must be sent to: Customer Returns, Quintic,
PO Box 2939, Coventry. CV7 7WH. UK.
(b) All returned goods (except those returned
under Clause 13) must be accompanied by Quintic's Returns Authorisation
number (‘RA Number’) which can be obtained by contacting Quintic
Support on +44 (0)1676 530730. Returned goods will not be accepted
without an RA Number. Do not write directly on the manufacturer’s
packaging. Please write the RA number on the address label provided
with the Returns Authorisation and attach it to the returned
package. Any defacement of the manufacturer’s packaging or damage
caused by inadequate packaging may result in the rejection of
the return or an additional restocking fee, at Quintic’s sole
(c) Quintic cannot accept liability for packages
damaged during transit. It is the Customer's responsibility
to wrap the product adequately to prevent damage.
(d) Proof of postage is not proof of delivery
and you are therefore strongly advised to send your package
by recorded delivery, registered post or courier, and to insure
the goods for their full value.
(e) On receipt of the returned product, we will
test it to identify the fault you have notified to us.
(f) If following the testing process, the product
is found to be in good working order without defect, we will
return the product to you, and the carriage costs of this return
will be your responsibility. Please note that if you have, in
the meantime, required us to provide you with a replacement
product before completion of the testing process, you will have
to pay for this product also. This Clause does not apply to
Consumers returning goods pursuant to Clause 13.
(g) Unless otherwise stated in the manufacturer's
documentation, all goods delivered to a UK mainland address
carry a 12-month manufacturer's warranty. Customers who wish
to make a warranty claim must comply with the manufacturer's
instructions and warranty procedure. In order to resolve your
problem as quickly as possible, we may refer you to the product
manufacturer who will deal directly with the return. In these
instances, we will provide you with the contact information
for the relevant manufacturer. If you are a consumer, this does
not affect your statutory rights.
(h) This warranty shall not apply if the goods
have been worked upon, altered or damaged in any way by the
Customer or its employees or agents, or to goods not used in
accordance with the manufacturer's instructions.
(i) No software on which seals have been broken
can be returned for credit. If any software discs are faulty,
the manufacturer will replace them. If you are a consumer this
does not affect your statutory rights. Please note Software
Licences are non returnable unless the software is materially
non-compliant with its specification or the physical media on
which it is supplied is defective.
(j) Some manufacturers require goods to be returned
within 14 days or less in order to secure refund. In such instances
the manufacturer's time limit will apply and therefore Quintic
will only accept a return within 14 days of purchase or the
manufacturer's time limit, if that limit is less than 14 days.
This is clearly indicated on the catalogue page for the particular
product. We can only accept the return of a defective product
that does not meet the description, if they are returned to
us within 14 days. Beyond that period you will be deemed to
have accepted the goods and you must therefore check the goods
promptly on receipt.
9. Quintic's liability
(1) In its dealings with Business Customers,
Quintic shall under no circumstances be liable for any consequential
or indirect damage or loss, however caused, including (but not
restricted to) loss of business or profits, loss of goodwill,
damage to trading relationships loss of data and other financial
loss. ("Financial loss" in this sense does not refer
to the price you have paid for the goods, which we may be liable
to refund to you, in whole or in part, if the goods are faulty
or do not comply with their description). Quintic's liability
in respect of all other losses shall be limited to the invoiced
amount of the relevant order.
(2) Nothing in this agreement shall limit Quintic's
liability for death or personal injury caused by its negligence.
10. Health and Safety
(1) Quintic confirms that the goods it supplies
as a distributor do not present a hazard to health and safety
(a) when properly used for the purpose for which
they are designed; and
(b) if the Customer takes reasonable and normal
precautions in their use.
11. Force Majeure
(1) Where, in spite of its reasonable efforts,
Quintic is unable to perform an obligation due to circumstances
beyond its reasonable control , it shall not be deemed to be
in breach of its contract with the Customer.
12. The Consumer Protection (Distance
Selling) Regulations 2000
(1) Contracts for the purchase of goods by a
Customer not acting in the course of a business and made over
the telephone or through the Quintic website, or by mail order,
are, with the exception of certain excepted contracts, subject
to The Consumer Protection (Distance Selling) Regulations 2000
(2) If the Regulations apply, Customers may
cancel goods purchased from Quintic by sending a written notice
of cancellation by post or hand delivery addressed to Solutions
Customer Services at Quintic Consultancy Ltd, PO Box 2939, Coventry,
CV7 7WH. UK. or by fax to +44 (0)1676 529045 or by e-mail to
(3) The notice of cancellation must be delivered
within 7 working days of the day after date of delivery of the
(4) The Customer will be responsible for the
cost of returning the goods if he or she exercises this right
of cancellation under the Regulations. If the Customer does
not actually return the goods to Quintic, the Customer is under
a duty to make the goods available for collection at the Customer’s
expense from the address to which they were delivered.
(5) The Customer is under a duty to retain possession
of the goods whilst awaiting return to Quintic and to take reasonable
care of them during this period. The Customer will be liable
for any loss of or damage to the goods if he or she fails to
comply with this obligation.
13. Errors and Omissions
(1) Quintic makes every effort to ensure that
all prices and descriptions quoted in its catalogue and on its
website are correct and accurate. However, the frenetic tempo
of e-commerce makes it inevitable that mistakes will occasionally
occur. In the case of a manifest error or omission, Quintic
will be entitled to rescind the contract, notwithstanding that
it has already accepted the Customer's order and/or received
payment from the Customer. Quintic's liability in that event
will be limited to the return of any money the Customer has
paid in respect of the order. In the case of a manifest error
in relation to price, the Customer will be entitled to purchase
the goods by paying the difference between the quoted price
and the correct price, as confirmed in writing by Quintic after
the manifest error has been discovered.
(2) A 'manifest error', as the term is used
in sub-paragraph (1) above, means, in relation to an incorrect
price, a price quoted in error by Quintic which is more than
10% less than the price that would have been quoted had the
mistake not been made.
(1) Nothing in these terms and conditions affects
your statutory rights as a Consumer.
(2) If any provision in this Agreement is held
to be invalid or unenforceable, it shall be deemed severed from
the Agreement and this shall not affect the validity or enforceability
of the remaining provisions.
(3) Any waiver of a breach of this Agreement
must be in writing.
(4) Any variation of this Agreement must be
in writing and signed by a duly authorised Quintic official.
(5) The headings are for convenience only and
shall not affect the interpretation of this Agreement.
(6) Any notices given under this Agreement shall
be in writing and sent (a) by first class pre-paid post to the
last known address of the party; or (b) by fax to their last
known fax number; or (c) by e-mail to the last notified e-mail
address of the party.
(7) These terms and conditions shall be governed
by and construed in accordance with the laws of England &
Wales and the parties submit to the non-exclusive jurisdiction
of the English courts.
(8) Quintic may at its discretion record telephone
transactions for staff training and quality control purposes.
For further information and
for orders please Contact