Terms & Conditions

Online terms and conditions of supply of goods and services

AGREED TERMS
1.    About us

1.1    Company details. OCM Business Systems Limited (company number 2185809) (we and us) is a company registered in England and Wales and our registered office is at 2 Ascot Road, Pershore, Worcestershire, WR10 2JJ. Our main trading address is 2 Ascot Road, Pershore, Worcestershire, WR10 2JJ. Our VAT number is GB 589190003. We operate the website “www.ocmbiz.com”.

1.2    Contacting us. To contact us telephone our customer service team at 01386 555008 or email customerservices@ocmbiz.com. How to give us formal notice of any matter under the Contract is set out in clause 14.2.

2.    Our contract with you

2.1    Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods/services by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.

2.2    Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

2.3    Language. These Terms and the Contract are made only in the English language.

2.4    Your copy. You should print a copy of these Terms or save them to your computer for future reference.

3.    Placing an order and its acceptance

3.1    Placing your order. Orders can be placed by email, telephone or on receipt of a purchase order. Each order is an offer by you to buy the goods (Goods) or services (Services) specified in the order subject to these Terms.

3.2    Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.

3.3    Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.

3.4    Accepting your order. Our acceptance of your order takes place when we send an email to you to accept it or verbally accept your order, at which point the Contract between you and us will come into existence. OR We will confirm our acceptance to you by sending you an email that confirms that the Goods have been dispatched (Dispatch Confirmation). The Contract between you and us will only be formed when we send you the Dispatch Confirmation.

3.5    If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.

4.    Return and refund

4.1    You may cancel the Contract and receive a refund, if you notify us as set out in clause 4.3 within 7 days of your receipt of our email accepting your order. OR the Dispatch Confirmation.

4.2    However, this cancellation right does not apply in the case of:

(a)    sealed computer software, once these Goods are unsealed after you receive them; or

(b)    any Goods which become mixed inseparably with other items after their delivery.

4.3    To cancel the Contract, you must email your cancellation request to accounts@ocmbiz.com. If you use this method we will email you to confirm we have received your cancellation. You can also contact our Customer Services team by telephone on 01386 555008 or by post to 2 Ascot Road, Pershore, WR10 2JJ. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.

4.4    If you have returned the Goods to us under this clause 4 because they are faulty or mis-described, we will refund the price of the Goods and will issue a refund.

4.5    If Goods have been delivered to you before you decide to cancel the Contract then you must return them to us without undue delay and in any event not later than 7 days after the day on which you let us know that you wish to cancel the Contract. You can either send them back, return them to us or hand them to our authorised carrier. If we have offered to collect the Goods from you, we will collect the Goods from the address to which they were delivered. We will contact you to arrange a suitable time for collection.

5.    Delivery, transfer of risk and title

5.1    We will contact you with an estimated delivery date, which will be within [14] days after the date on which we email you to confirm our acceptance of your order OR of Dispatch Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 13 for our responsibilities when this happens.

5.2    Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order or collected by you or a carrier organised by you to collect them from us and the Goods will be at your risk from that time.

5.3    You own the Goods once we have received payment in full, including of all applicable delivery charges.

5.4    If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.

5.5    If you fail to take delivery within [10] days after the day on which we notified you that the Goods were ready for delivery, we may resell part of, or all the Goods. We shall repay you the price you paid for the Goods after deducting reasonable storage, insurance and selling costs and any shortfall between the resale price and the price you paid for the Goods.

6.    International delivery
Where goods are shipped abroad, customs duties and local taxes will apply to the sale when the delivery reaches its destination and you will be responsible for payment of any such duties  and taxes.

7.    Price of goods and delivery charges

7.1    The prices of the Goods will be as agreed with your contact in sales at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system.

7.2    Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.

7.3    The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.

7.4    The price of the Goods or Services does not include delivery charges.

8.    Services

8.1    We shall from the Commencement Date (or from the date set out in the Order if one is stated) and for the duration of the Contract supply the Services to you in accordance with the terms of the Contract.

8.2    We shall meet any performance dates for the Services specified in the Order or that you notify to us and time is of the essence in relation to any of those performance

8.3    In providing the Services, we shall:

(a)    co-operate with you in all matters relating to the Services, and comply with all instructions from you;

(b)    perform the Services with the best care, skill and diligence in accordance with best practice in our industry, profession or trade;

(c)    use personnel who are suitably skilled and experienced to perform tasks assigned to them, and in sufficient number to ensure that our obligations are fulfilled in accordance with the Contract;

(d)    ensure that the Services and Deliverables will conform with all descriptions and specifications set out in the Service Specification, and that the Deliverables shall be fit for any purpose that you expressly or impliedly makes known to us;

(e)    provide all equipment, tools and vehicles and such other items as are required to provide the Services;

(f)    use the best quality goods, materials, standards and techniques, and ensure that the Deliverables, and all goods and materials supplied and used in the Services or transferred to you, will be free from defects in workmanship, installation and design;

(g)    obtain and at all times maintain all licences and consents which may be required for the provision of the

Services;

(h)    comply with all applicable laws, regulations, regulatory policies, guidelines or industry codes which may apply to the provision of the Services;

(i)    observe all health and safety rules and regulations and any other security requirements that apply at any of the Client’s premises;

(j)    hold all materials, equipment and tools, drawings, specifications and data supplied by you to us (Materials) in safe custody at its own risk, maintain your Materials in good condition until returned to you, and not dispose or use your Materials other than in accordance with the your written instructions or authorisation;

(k)    not do or omit to do anything which may cause you to lose any licence, authority, consent or permission upon which it relies for the purposes of conducting its business, and we acknowledge that you may rely or act on the Services;

(l)    comply with any additional obligations as set out in the Service Specification;

(m)    at all times comply with and process and hold data in accordance with the law of the United Kingdom which relates to the protection of personal data (including UK GDPR) as well as such your policies and procedures as may be notified to the us from time to time;

(n)    where possible or required by you, ensure that its staff, vehicles, buildings and equipment utilised in providing the Services are appropriately accredited in accordance with our own accreditations.

8.4    We warrant that we comply fully with our obligations under the Modern Slavery Act In particular, but without prejudice to the generality of the foregoing, we warrant:

(a)    we have taken all reasonable measures to prevent modern slavery and human trafficking in its supply chain;

(b)    we do not source goods or provide services that use modern slavery or human trafficking;

(c)    we have an effective programme in place to ensure modern slavery and human trafficking do not occur in its operations and supply chain;

(d)    we have read, understood and complies with your Modern Slavery and Human Trafficking Policy.

9.    How to pay

9.1    You can only pay for Goods or Services using a bank transfer, debit or credit card or Paypal. We accept all major cards, with the exception of American Express.

9.2    Payment for the Goods and all applicable delivery charges is in advance.

10.    Manufacturer's guarantee
Some of the Goods we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Goods.

11.    Our warranty for the goods

11.1    We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.

11.2    We provide a warranty that on delivery and for a period of [1] month from delivery, the Goods shall:

(a)    conform in all material respects with their description; and

(b)    be free from material defects in design, material and workmanship; and

(c)    be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).

11.3    Subject to clause 11.4, if:

(a)    you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 11.2;

(b)    we are given a reasonable opportunity of examining the Goods; and

(c)    we ask you to do so, you return the Goods to us at your cost,
we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

11.4    We will not be liable for breach of the warranty set out in clause 11.2 if:

(a)    you make any further use of the Goods after giving notice to us under clause 11.3;

(b)    you alter or repair the Goods without our written consent;

(c)    the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or

(d)    the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

11.5    We will only be liable to you for the Goods' failure to comply with the warranty set out in clause 10.2 to the extent set out in this clause 10.

11.6    Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.

11.7    These Terms also apply to any repaired or replacement Goods supplied by us to you.

12.    Our liability: your attention is particularly drawn to this clause

12.1    References to liability in this clause 11 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

12.2    Nothing in these Terms limits or excludes our liability for:

(a)    death or personal injury caused by our negligence;

(b)    fraud or fraudulent misrepresentation;

(c)    breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

(d)    any other liability that cannot be limited or excluded by law.

12.3    Subject to clause 12.2, we will under no circumstances be liable to you for:

(a)    any loss of profits, sales, business, or revenue; or

(b)    loss or corruption of data, information or software; or

(c)    loss of business opportunity; or

(d)    loss of anticipated savings; or

(e)    loss of goodwill; or

(f)    any indirect or consequential loss; or

(g)    any errors or omissions in computer content attributable to the use of artificial intelligence by you in generating text.

12.4    Subject to clause 12.2, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the price of the Goods.

13.    Termination

13.1    Without affecting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:

(a)    you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;

(b)    you fail to pay any amount due under the Contract on the due date for payment;

(c)    you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or

(d)    your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

13.2    Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.

13.3    Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

14.    Events outside our control

14.1    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

14.2    If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

(a)    we will contact you as soon as reasonably possible to notify you; and

(b)    our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

14.3    You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will return (at your cost) any relevant Goods you have already received and we will refund the price you have paid, excluding any delivery charges.

15.    Communications between us

15.1    When we refer to "in writing" in these Terms, this includes email.

15.2    Any notice given by one of us to the other under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service, or email.

15.3    A notice is deemed to have been received:

(a)    if delivered by hand, at the time the notice is left at the proper address;

(b)    if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or

(c)    if sent by email, at 9.00 am the next working day after transmission.

15.4    In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

15.5    The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

16.    General

16.1    Assignment and transfer.

(a)    We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting on this webpage if this happens.

(b)    You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

16.2    Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

16.3    Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.

16.4    Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.5    Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

16.6    Governing law and jurisdiction. The Contract is governed by English law and you and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.