General Terms and Conditions

DEFINITIONS

Goods:
 All articles sold to the Customer, including replacements for defective Goods and software products licensed for use by the Customer.

Provision of service:
All labour and maintenance fees, and provision of Internet and related services.

Contract:
The Contract between the Customer and Greenhouse Business Systems Ltd. for the sale of goods or provision of service.

Acknowledgement:
All orders will be accepted Greenhouse Business Systems Ltd. subject to and in accordance with the following terms and conditions of sale, which shall be deemed to be incorporated into a Contract for the sale of Greenhouse Business Systems Ltd. Goods and provision of services. By the placement of an order by whatever means, the Customer will be deemed to have acknowledged and accepted the said terms and conditions that may be included in any written document including any order form from the Customer, except by prior written agreement.

Quotations:
Quotations will remain valid for fourteen days from date of quotation.

V.A.T:
All prices are subject to V.A.T. at the current rate prevailing at the time of delivery.

SETTLEMENT TERMS:
a) Other than with the prior written agreement of Greenhouse Business Systems Ltd., all payments are due upon receipt of order.
 b) A daily interest rate of the current base rate + 8%, plus compensation will be imposed on invoices still outstanding after thirty days with a minimum charge of £1.00.
c) Greenhouse Business Systems Ltd. reserves the right to charge for copy invoices or credit notes at the rate of £1.00 per copy where the original has been lost or misplaced by the Customer.
d) If legal action is taken to recover monies due to Greenhouse Business Systems Ltd., then Greenhouse Business Systems Ltd. reserves the right to charge the Customer an administration charge plus the cost of such legal action. Administration charges are currently 10% of total debt, or £50 (whichever is the greater) for debts up to and not exceeding £1000, and 5% for debts exceeding £1000.
e) If Greenhouse Business Systems Ltd. use a third party debt recovery company to recover any outstanding invoices the costs associated with the collection of the debt will be payable by the customer.

NEW ACCOUNTS:
A Customer wishing to open a credit account must fully complete and return a Greenhouse Business Systems Ltd. Credit Application Form. Greenhouse Business Systems Ltd. reserves the right in its absolute discretion to grant, refuse, or discontinue any credit facilities at any time.

GUARANTEE:
a) All goods supplied by Greenhouse Business Systems Ltd. are supplied with a manufacturer’s guarantee or Greenhouse Business Systems Ltd. guarantee.
b) The guarantees that are supplied vary in duration.
c) It is the Customers responsibility to check at the time of purchase whether Greenhouse Business Systems Ltd. guarantee is applicable and, if so, its duration. Where Goods or Service are covered by Greenhouse Business Systems Ltd. guarantee, the following applies:
Any defects which under proper use appear in Goods supplied, or service provided within a period of twelve months (unless otherwise stated) after delivery/provision of service and which are due to faulty materials, workmanship or design will be made good by Greenhouse Business Systems Ltd., either by repair, or at Greenhouse Business Systems Ltd. discretion, by replacement, provided the Goods are returned in accordance with the “Returns” clause below. Greenhouse Business Systems Ltd. guarantee is provided by Greenhouse Business Systems. and accepted by the Customer in substitution for all express or implied representations, conditions, or warranties, statutory or otherwise, as to the state, satisfactory quality, fitness for purpose or performance of the Goods (or any materials used in connection therewith) or the standard of workmanship and all such representations, conditions and warranties are hereby excluded.
d) Where goods are covered by a manufacturers guarantee, Greenhouse Business Systems Ltd. liability to repair or replace those Goods ends at the end of the period of the guarantee provided by the manufacturer.
e) Greenhouse Business Systems Ltd. sole obligation and the Customers sole remedy under this provision is limited to the reasonable cost of repair or replacement of Goods supplied.

RETURNS:
a) No order may be returned without the previous written agreement Greenhouse Business Systems Ltd.. Without such written agreement, Greenhouse Business Systems Ltd. will not accept the return of any Goods incorrectly ordered or no longer required by the Customer. Returned goods will be subject to a restocking charge representing 30% of the value of the goods.
b) Greenhouse Business Systems Ltd. will only accept returns under guarantee if they are accompanied by a document in writing stating the date of purchase and original invoice number.
c) Greenhouse Business Systems Ltd. will not accept responsibility for Goods which, in its opinion, have been the subject of undue wear and tear, accident, misuse, improper application or neglect. Greenhouse Business Systems Ltd. opinion on this is final.
d) Without prejudice to “Returns” (a) to (c), Greenhouse Business Systems Ltd. reserves the right to replace, repair or refund payment in respect of all Goods returned at its absolute discretion.
e) In the event of a return where the customer has received additional discounts or free items these must be repaid / returned along with any returned items.

DELIVERY:
Greenhouse Business Systems Ltd. will use its reasonable endeavours to deliver Goods/provide service in accordance with delivery/completion schedules agreed with the Customer, but cannot accept any liability whatsoever for failure to do so, however arising.

OWNERSHIP:
The title to any Goods supplied will not pass to the Customer until payment in full of all sums due from the Customer to Greenhouse Business Systems Ltd., inclusive of all and any cost of service provision and labour charges, has been made. If payment (whether in full or in part) is not made by the due date, in accordance with “Settlement Terms” clause (a) to (e), or the Customer is wound up, or a receiver appointed over any assets or the undertaking of the Customer or an execution or distress be levied against the Customer, Greenhouse Business Systems Ltd. will be entitled without prior notice to the Customer or any liquidator or receiver to retake possession of the Goods and for that purpose to enter upon any premises occupied or owned by the Customer.

CALL OUTS:
In these Terms, “normal office hours” means the hours from 8:30am to 6:00pm, Monday to Friday except public and bank holidays. Greenhouse Business Systems Ltd will respond to problems as per Service Levels outlined.
Greenhouse Business Systems Ltd cannot guarantee a completion time for the work on your equipment, any time frame suggested is an estimate and may be subject to change. Most work is carried out onsite although where the issue is complicated and/ or unfixable onsite a pick up and return workshop service is available at the standard service rate.
Greenhouse Business Systems Ltd does not charge a call out fee although a minimum 1 hour charge plus mileage (charged at 45p per mile) applies to all onsite calls that are not within a 10 mile radius of our offices (Unit 8, Peamore Commercial Centre, Alphington, Exeter. EX2 9SL).
Greenhouse Business Systems Ltd operates on an hourly fee basis. This charge is £65 per hour (exclusive of VAT) unless otherwise agreed in writing.
Any figure stated by Greenhouse Business Systems Ltd (or its staff) regarding work to be done on your equipment is an estimate and may be subject to change. Greenhouse Business Systems Ltd will advise you beforehand of any major problems with your equipment that may lead to higher/uneconomical repair charges.
Greenhouse Business Systems Ltd cannot under ANY circumstances accept liability for loss of data from your equipment. Whilst every effort is made to avoid data loss, it is the client’s responsibility to ensure that adequate data backup has been made before submitting the equipment to us.
Greenhouse Business Systems Ltd shall not be liable for any damages in connection with or as a consequence of the repair or servicing of any equipment, including but not limited to: loss of profits or revenue, data loss, or loss of use of equipment or other down-time costs. Without limiting the generality of the foregoing, because the equipment requires set-up or servicing from Greenhouse Business Systems Ltd, and there is risk of data loss, the Customer is fully responsible for the creation and storage of all backup data.
The Customer will appoint a person to act as its representatives for the purposes of the contract whose responsibility will include authorisation of work on Customers premises.
In the eventuality that a piece of software or hardware maintained becomes worn beyond repair or the manufacturer is unable to supply parts or technical information or fixes, then Greenhouse Business Systems Ltd reserves the right to withdraw the services on the piece of software or hardware affected unless the Customer initiates replacement, refurbishment or upgrade as per Greenhouse Business Systems Ltd recommendations.
Greenhouse Business Systems Ltd will enforce and maintain customer confidentiality at all times and will not disclose any non-public information about the customer to any 3rd parties. Greenhouse Business Systems Ltd acknowledges that all information, files, knowledge or any other data in respect of the customers IT infrastructure or business whilst engaged under the terms of this agreement will be treated at all times as strictly confidential.
The Customer will take all reasonable precautions to ensure the health and safety of the Service Provider’s employees whilst on Customer Premises
The Terms and Conditions above are designed to set out in broad terms the service Greenhouse Business Systems Ltd will and will not provide for its Customers. It is understood by both Greenhouse Business Systems Ltd and its clients that due to the complex nature and the design of Software that advertised specific functions of some software may or may not work as designed on all computers. We will at all times make every effort to ensure such applications work, however we do not guarantee this.

FORCE MAJEURE:
Greenhouse Business Systems Ltd. shall not be liable in any respect whatsoever for any delay in the performance of, or the failure to perform, any obligation pursuant to any order or Contract, in each case, as a result of circumstances beyond its control. If such circumstances delay or prevent the performance of any obligation under any order or Contract for 60 days or more, Greenhouse Business Systems Ltd. shall be entitled by written notice to cancel or terminate such order or Contract or its outstanding obligations thereunder.

CANCELLATION:
If the Customer becomes the subject of any act or proceeding under or in connection with the Insolvency Act 1986 or if the Customer fails to make payment for Goods supplied or Service provided when due, in accordance with “Settlement Terms” clause (a) to (d), Greenhouse Business Systems Ltd. will be entitled to suspend and cancel all or any future deliveries or instalments under this or any other Contract between Greenhouse Business Systems Ltd. and the Customer.

LEGAL CONSTRUCTION:
All Contracts between Greenhouse Business Systems Ltd. and the Customer shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the English Courts.