Terms and Conditions of Business

1. DEFINITIONS:

1.1 Conditions means the standard terms and conditions set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Customer and DatabaseIndex.
1.2 Contract means the contract for the purchase and sale of the Goods or the provision of the Services.
1.3 Customer means the person who purchases the Goods from DatabaseIndex or whose request for the provisions of the Services is accepted by DatabaseIndex.
1.4 Goods means the particulars of the goods which are set out overleaf or otherwise specified in writing to the Customer which DatabaseIndex is to supply and/or install (whether or not in performance of the Services as defined below) in accordance with these Conditions.
1.5 DatabaseIndex means the supplier of Goods or provider of the Services whose details are set out overleaf.
1.6 Price means DatabaseIndex’s quoted price of the Goods or Services (or where no price has been quoted a reasonable price) excluding VAT.
1.7 Services means the particulars of the services which are set out overleaf or otherwise specified in writing to the Customer which DatabaseIndex is to carry out in accordance with these Conditions.
1.8 Software Licence means any software licence of DatabaseIndex or manufacturer of the Goods and Services comprised in the Services and as provided to the Customer.

2. CONDITIONS APPLICABLE:

2.1 DatabaseIndex shall sell and the Customer shall purchase the Goods or DatabaseIndex shall supply the Services in accordance with the terms agreed orally or in writing with the Customer subject in either case to these Conditions and the Software Licence which shall govern the Contract to the exclusion of any other terms and conditions.
2.2 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of DatabaseIndex and the Customer.
2.3 Any representations made by DatabaseIndex’s employees or agents concerning the Goods or Services shall not be incorporated into the Contract unless confirmed by DatabaseIndex in writing and in entering into the Contract the Customer acknowledges that it does not rely on and waives any claim for breach of any such representations which are not so confirmed.
2.4 Any advice or recommendation given by DatabaseIndex or its employees or agents to the Customer or its employees or agents as to the storage, application, or use of the Goods or Services which is not confirmed in writing by DatabaseIndex is followed or acted upon entirely at the Customer’s own risk and, accordingly, DatabaseIndex shall not be liable for any such advice or recommendation which is not so confirmed.
2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other documentation or information issued by DatabaseIndex shall be subject to correction without any liability on the part of DatabaseIndex unless such correction fundamentally changes the Customer’s obligations under the Contract to the Customer’s detriment, in which case the Customer shall be entitled to cancel the Contract within seven (7) days of notification by DatabaseIndex of such a fundamental change.
2.6 Any quotation given by DatabaseIndex may be withdrawn at any time prior to acceptance by the Customer and in any event shall lapse after seven (7) days.

3. ORDERS AND SPECIFICATIONS:

3.1 No order shall be deemed to be accepted by DatabaseIndex unless accepted in writing by DatabaseIndex’s authorised representative.
3.2 DatabaseIndex reserves the right to make any changes in the specification of the Goods or Services which are required to conform with any applicable safety or other statutory requirements or (where the Goods or Services are to be supplied or installed to DatabaseIndex’s specification) which do not materially affect their quality or performance.
3.3 Save as otherwise provided no order which has been accepted by DatabaseIndex may be cancelled by the Customer except with the agreement in writing of DatabaseIndex and on terms that the Customer shall at DatabaseIndex’s discretion either:
(a) indemnify DatabaseIndex in full against all loss (including loss of profit, costs, and the cost of all labour and materials used), damages, charges, and expenses incurred by DatabaseIndex as a result of cancellation or
(b) pay a handling charge on the Goods or Services equal to ten