Terms and conditions for software resold by Polyhedron Software Ltd., on behalf of other manufacturers

Definitions

•  Polyhedron Software means Polyhedron Software Ltd, and its subsidiary companies.
• The Buyer or customer means the company or individual who is purchasing the software.
• Goods means any software, or services that are provided by Polyhedron Software and subject to the customer's order.
• Manufacturer means the author of the software, or provider of services.
• Writing includes email, fax, telex and any other similar forms of communication.

Conditions

•  These Terms and Conditions apply to all goods supplied by Polyhedron Software to the exclusion of Terms and Conditions specified by the Buyer.
• The Buyer cannot change these Terms and Conditions without prior, written consent from Polyhedron Software.
• The Buyer's statuary rights will not be compromised by these Terms and Conditions.
• All orders are subject to availability

Delivery

• The customer will notify Polyhedron Software, in writing, of any shortfall or damaged goods within 7 days delivery.
• Delivery to the end-user shall become the responsibility of the Buyer once any person from that company has signed for receipt of delivery.
• Delivery dates are estimates only.
• Polyhedron Software reserves the right to refuse cancellation for non-stock items  which therefore have to be specifically ordered.

Force Majeure.  

• Polyhedron Software Ltd shall not be liable for any failure in the performance of any of its obligations under this Agreement caused by factors outside its control.

Payment

• Payment must be made at the time of order or, for customers with prior consent, within 30 days.
• Payment may be by VISA/Mastercard, bank telegraphic transfer, or cheque in pounds sterling drawn on a British bank.  Credit/debit card payments are in pounds sterling and charges will be based the published UK pound price.  Cheques are accepted in pounds sterling, euros, or US dollars.  Cheques in foreign currency (other than pounds sterling) should be prearranged and must reflect the exchange rate at the time of purchase.
• The Buyer's bank charges are the responsibility of the Buyer. Polyhedron Software will also pay their own bank charges.
• Without prejudice to Polyhedron Software's other rights, if the Buyer fails to pay any amount on the due date the following terms apply:
  • Polyhedron Software shall have the right to cancel any contract or purchase made with the Buyer and/or to suspend deliveries.
  • Polyhedron Software reserves the right to charge interest on a daily basis on overdue amounts at the rate of 4% above Barclays Bank base rate until payment is received.
  • The Buyer shall indemnify Polyhedron Software and keep it indemnified in respect of all costs (including legal fees) reasonably incurred in attempting to recover such overdue amounts.  The whole of the balance then outstanding to Polyhedron Software by the Customer on any account whatsoever shall become immediately due and payable.

Prices

• We try to ensure the prices on our website are accurate, however, we reserve the right to change a price at any time. If a price is changed for any reason, customers will be informed of the change at the time of order and given the opportunity to cancel or change the order.

• Quotations are based on the information given by the customer and manufacturer and are valid at the time that they are prepared.  The customer will be informed on receipt of the order of any discrepancies and we reserve the right to cancel the order.

• Any error on our web-site or on any paper-work produced by Polyhedron Software, or manufacturers of software that we sell, shall be subject to correction without any liability on the part of Polyhedron Software.

• Published and verbal prices do not include shipping and handling charges or VAT (charged in accordance with EU regulations).

• During the time that any invoice or part invoice remains outstanding to Polyhedron Software, the title of the goods purchased shall remain with Polyhedron Software until full payment has been received

• The Customer must not transfer or sell the software without the consent of Polyhedron Software Ltd.  

• The Customer will take responsibility for insuring the software and will indemnify Polyhedron Software against any loss to the full commercial value of the software.  

• In the event of bankruptcy, or failure to pay the full invoice total, the customer will recognize that the software is the property of Polyhedron Software and return the licence, media and documentation to Polyhedron Software in resalable condition.

Manufacturer's policy

• The Manufacturer's terms and conditions shall take precedence.

Returns Policy (see additional document)

Software purchased for Business Use

• If you are a business using software purchased directly (or indirectly) from Polyhedron Software, we shall not be liable to you for any loss, or consequential loss that you may suffer as a result of the purchase of goods from us. Any other liability shall be limited to the price paid for the goods.
• You will not export any goods purchased from us in contravention of United States of America export controls.
• We reserve the right to refuse any order for any reason.

Support:

• Most products come with limited free support and some products include one year support and update service.  If you are unsure of the support period included with your purchase, please ask for clarification before purchasing.  We encourage you to take ongoing support at the end of the free period.

•  Manufacturer's conditions apply, although Polyhedron Software will endeavour to assist the customer wherever reasonably possible.  Software bugs will be reported to the manufacturer and upgrade fixes will be supplied according to the manufacturer's conditions.

• Technical support will be offered by Polyhedron Software in the first instance and referred to the manufacturer if Polyhedron Software deems it necessary.

Warranty:

• The customer recognizes that the nature of computer software means that it may contain bugs.

• Software sold by Polyhedron Software but manufactured elsewhere is subject to the manufacturer's  warranty terms.

These terms are governed by the laws of England and any disputes will be decided only by the courts of England.