Terms & Conditions
Your attention is drawn to Clauses 6 and 11 of these terms which limits In-CarPC's liability to Customers and in some cases excludes it altogether.
Terms and Conditions Contents:
- Contract Formation
- Quality & Description
- Time and place of installation (only for orders requiring In-CarPC's installation Services)
- Risk/title in Goods
- Cancellation Rights
- After-sales Service
- Limitation of liability
- Circumstances beyond the parties' control (force majeure)
Use of the In-CarPC website
- Information on the Website
- Trade Marks
- External Links
- Public forums and User Submissions
- Specific Use
- Disclaimer of Liability
- Use of the Website
Terms for the supply of goods and services by In-CarPC, and for use of the In-CarPC website.
- In-CarPC shall prepare a Quotation based on the Customer's selection of Goods and Services. Any Quotation is valid for a period of 30 days, provided that In-CarPC has not previously withdrawn it.
- A Contract is made between In-CarPC and the Customer either when In-CarPC issues an Acknowledgement of Order or an Invoice to the Customer or (if earlier) when In-CarPC installs the Goods in the vehicle and provides the Services with the Customer's consent or (for orders not requiring In-CarPC’s installation Services) when In-CarPC dispatches the Goods. The Contract will incorporate the Quotation as varied by any subsequent Acknowledgement of Order and these terms.
- All samples, drawings, descriptive matter, specifications and advertising issued by In-CarPC are issued to give an approximate idea of the Goods and/or Services described, and they shall not form part of the Contract, and this is not a sale by sample.
Quality and description
- The quantity, quality and description, and specification of the Goods and/or Services shall be those set out in the Quotation and Acknowledgement of Order (or as otherwise agreed in writing between In-CarPC and the Customer).
- In-CarPC may make any changes to the specification of the Goods and/or Services which are reasonably required to conform with any applicable statutory requirements or which do not materially affect their quality, functionality or performance.
- In-CarPC warrants to the Customer that upon installation (or, for systems not requiring In-CarPC’s installation services, dispatch), and for a period of 12 months thereafter (or longer if agreed in the Order of Specification), the Goods shall:
- be of satisfactory quality within the meaning of the Sale of Goods Act 1979;
- be reasonably fit for their purpose; and
- be reasonably fit for any particular purpose for which the Goods are being bought if the Customer had made known that purpose to In-CarPC in writing and In-CarPC has confirmed in writing that it is reasonable for the Customer to rely on the skill and judgement of In-CarPC.
- In-CarPC shall not be liable for a breach of any of the warranties in clause 2.3 unless:
- the Customer gives written notice of the defect to In-CarPC; and
- In-CarPC is given a reasonable opportunity after receiving the notice of examining such Goods and the Customer (if asked to do so by In-CarPC) returns such Goods to In-CarPC's place of business at the Customer’s cost for the examination to take place there;
- In-CarPC shall not be liable for a breach of any of the warranties in clause 2.3 if:
- the defect arises because the Customer failed to follow In-CarPC’s instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or
- the defect arose due to the Vehicle’s having been involved in a road traffic accident, or having been taken off-road, or having been vandalised, or the Goods having been damaged (whether intentionally or otherwise) by the Customer, by computer virus or other malicious software, by software or hardware not having been supplied by In-CarPC, by normal wear and tear, or due to any other cause beyond the control of In-CarPC; or
- the Customer alters or repairs such Goods without the consent of In-CarPC.
- Subject to clauses 2.4 and 2.5, if any of the Goods do not conform with any of the warranties in clause 2.3 In-CarPC shall repair or replace and (for Goods originally installed by In-CarPC) reinstall such Goods as soon as is reasonably possible. This clause shall not in any way affect a Customer’s statutory rights.
- If In-CarPC complies with clause 2.6 it shall have no further liability for a breach of any of the warranties in clause 2.3 in respect of such Goods.
- All other warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law excluded from the Contract.
- In-CarPC does not guarantee or warrant:
- 100% uninterrupted or error-free operation of the Goods; or
- that the Goods will work with any future versions of the hardware or software that was supplied by In-CarPC; or
- that the Goods will function properly if software or hardware that was not supplied by In-CarPC is used with the Goods.
- In-CarPC warrants that it shall provide the Services using all reasonable care and skill, and as far as is reasonably possible, in accordance with any agreed specification, provided that In-CarPC shall not be liable for any loss, damage, costs, claims or other expenses arising out of or in connection with any breach by the Customer of its obligations under the Contract.
Time and place of installation (only for orders requiring In-CarPC’s installation Services)
- Unless otherwise agreed in writing by In-CarPC, installation of the Goods shall take place at In-CarPC’s business address. If it has been agreed in writing that installation of the Goods shall take place at the Customer’s business address (or any other address chosen by the Customer) the Customer shall ensure that In-CarPC is granted access to the agreed place for installation at a mutually convenient time.
- Any date for installation specified in the Acknowledgement of Order of the Goods is intended to be an estimate. If the estimated installation date cannot be met the Customer will be advised of a proposed new date for installation.
Right to terminate (Consumers only): If the Customer is a Consumer, and he or she refuses the revised installation date and installation cannot be made within 30 days from the original estimated date, then the Customer may terminate the Contract without charge & obtain a full refund of any charges paid and In-CarPC shall have no further obligations to the Customer. Customers who are not Consumers shall have no such right.
Risk/title in Goods
- Once In-CarPC has installed or supplied the Goods, risk in the Goods shall pass to the Customer.
- Title to the Goods shall not pass to the Customer until In-CarPC has received in full all sums due from the Customer under the Contract or otherwise. In-CarPC shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from In-CarPC.
- The Customer may resell the Goods provided that any such sale shall be a sale of In-CarPC’s property on the Customer’s own behalf and the Customer shall deal as principal when making such a sale.
- If the Customer has not paid any sums outstanding to In-CarPC in full, the Customer’s right to possession of the Goods shall terminate immediately if the Customer becomes insolvent or bankrupt.
- On termination of the Contract, howsoever caused, In-CarPC’s (but not the Customer’s) rights contained in this clause 4 shall remain in effect.
- The rights contained in this clause 5 shall apply to Consumers only.
- If this Contract is made exclusively by a method of distance selling (such as by internet or telephone or correspondence) then the Customer may cancel the order for the Goods up until 7 days (not including weekends or public holidays) after the Goods have been supplied or installed.
- By engaging In-CarPC to provide the Services before the expiry of the Cancellation Right, the Customer agrees that he or she waives its rights to cancel the Services. If the Customer exercises the Cancellation Right he or she will still be liable for In-CarPC’s costs incurred in delivery, installation and uninstallation of the Goods.
- If the Customer exercises the Cancellation Right, and the Goods have already been installed, the Customer must make available the Vehicle at In-CarPC’s premises and allow In-CarPC a reasonable amount of time to remove the Goods from the Vehicle. The Customer must take reasonable care to ensure that the Goods are not damaged whilst in the Customer’s possession.
- If the Customer exercises the Cancellation Right, In-CarPC will refund the price paid, less the cost of:
- the Services provided (including the charge made in respect of the installation);
- any software pursuant to clause 6; and
- any direct costs incurred in In-CarPC’s recovering the goods as a result of the Customer’s breach of clause 5.4, including time spent at In-CarPC’s usual rates.
- The Customer instructs In-CarPC to unwrap or install the software and to act as the Customer’s agent in accepting software licences on the customer’s behalf. As a result the Customer shall have no right to return any software installed on the Goods and the Customer shall not be reimbursed for any such software. This clause shall not apply to any defective Goods or software.
- In-CarPC may provide the Customer with operating software licenced from Microsoft. Such software is sub-licenced to you in accordance with Microsoft’s software licence agreement (SLA). A copy of the SLA will be provided to the Customer and is available online in Microsoft’s support pages.
After-sales Service: In-CarPC will provide the Services set out in the Acknowledgement of Order during working hours on working days, with all reasonable skill and care. These Services shall only be provided:
- at In-CarPC’s business address, or (if on-site support was included in the order) at the original place of installation (or locations no more than 5 miles further away from In-CarPC’s place of business at Diamond Road, Norwich than the original place of installation), or (if the Customer pays a call-out charge which shall be decided by In-CarPC) at any address within the United Kingdom; and
- while the Goods use the operating system and hardware that were originally supplied by In-CarPC.
- if In-CarPC is satisfied that the Vehicle and the Customer’s premises (if relevant) are safe working environments for In-CarPC’s staff.
- The price for the Goods shall be exclusive of any VAT, which the Customer shall pay at the same time that it pays for the Goods.
- In-CarPC may, by giving notice to the Customer at any time before or during installation, increase any prices for Goods and/or Services to reflect any increase in the cost to In-CarPC which is due to:
- change in installation, quantities or specifications for the Goods and/or Services which the Customer requests, or failure by the Customer to give In-CarPC adequate information or instructions; or
- any unforeseen special parts required to meet the Customer’s specific requirements (including any parts necessary to install the Goods in the Vehicle); or
- any factor beyond In-CarPC’s control (including without limitation, foreign exchange fluctuation, currency regulation, alteration of duties, increases in the costs of labour, materials or other costs of manufacture).
- Subject to clause 9.3, payment for the Goods and/or Services is due prior to installation or dispatch of goods, unless other arrangements have been agreed.
- No payment shall be deemed to have been received until In-CarPC has received cleared funds.
- All payments payable to In-CarPC under the Contract shall become due immediately on its termination.
- The Customer shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.
- If a Customer does not to pay any sum outstanding, In-CarPC may charge interest on the balance at the rate specified in the Late Payment of Commercial Debts (Interest) Act 1998 (although if the Customer is a Consumer, In-CarPC may only charge interest at the annual rate of 3% per annum above the base rate of the Bank of England).
- While the Vehicle is in In-CarPC’s control, In-CarPC, shall have a lien over the Vehicle for any money due from the Customer to In-CarPC (but this clause shall confer no power of sale).
- All intellectual property in the Goods and/or Services is vested in In-CarPC or third party licensors and no rights in such intellectual property are granted to the Customer except as set out in clause 10.2.
- The Customer acknowledges that the end user licences relating to the software installed on the Goods are standard and non-negotiable and authorises In-CarPC to accept them on his behalf.
Limitation of liability
- Subject to clause 2, the following provisions set out the entire financial liability of In-CarPC (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of (a) any breach of these terms; (b) any use made by the Customer of the Goods or Services; and (c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
- In-CarPC accepts all liability for:
- death or personal injury caused by In-CarPC’s negligence; and
- for defective products under section 2(3), Consumer Protection Act 1987; and
- for fraud or fraudulent misrepresentation; and
- for any other matter which it would be illegal for In-CarPC to exclude or attempt to exclude its liability.
- Subject to clauses 2.8 and 11.2:
- In-CarPC’s total liability to the Customer in contract, tort (including negligence or breach of statutory duty) or for misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price.
- the Customer and In-CarPC shall only be liable under this contract for losses which are a reasonably foreseeable consequence of the relevant breach of contract.
- In-CarPC shall have no liability for any loss of or damage to data suffered by the Customer.
- The Customer is strongly advised to familiarise himself or herself with the functionality and use of the installed Goods, and to ensure that any future owners do likewise. In-CarPC shall have no liability for any loss, damage, death or personal injury that occurs as a result of a driver using the Goods in the Vehicle, nor for the Customer’s failure, or the failure of any users of the Vehicle (including any future owners), to use the Goods in accordance with relevant road traffic regulations.
- In-CarPC may assign the Contract or any part of it to any person, firm or company. The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of In-CarPC.
Circumstances beyond the parties’ control (force majeure): In-CarPC reserves the right to defer the date of installation or to cancel the Contract (without liability to the Customer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of In-CarPC, provided that if the circumstances in question continue in excess of 30 days, and the Customer is a Consumer, the Customer shall be entitled to give written notice to terminate the Contract.
- Each right or remedy of In-CarPC under the Contract is without prejudice to all other rights or remedies of In-CarPC whether under the Contract or otherwise.
- If any provision of the Contract is found by any court or similar body of competent jurisdiction to be illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect, unless to do so would fundamentally frustrate the original intentions of the parties, in which case it shall terminate forthwith.
- Failure or delay by In-CarPC in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights. Any waiver by In-CarPC of any breach of, or any default under, any provision of the Contract shall not be deemed a waiver of any subsequent breach or default.
- No term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
- The Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
- All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or e-mail:
- (in case of communications to In-CarPC) to its registered office or such changed address as shall be notified to the Customer by In-CarPC; or
- (in the case of the communications to the Customer) to any address of the Customer set out in any document which forms part of the Contract or such other address as shall be notified to In-CarPC by the Customer.
- Communications shall be deemed to have been received:
- if sent by pre-paid first class post, two working days after posting (exclusive of the day of posting); and
- if delivered by hand, on the day of delivery; and
- if sent by e-mail on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.
Interpretation: The following terms shall have the following meanings in these forms.
- Acknowledgement of Order: In-CarPC’s written confirmation that it accepts the terms of the Customer’s offer in the Quotation, in which the specification of the Goods and/or Services and a date for delivery are set out. “Order Acceptance” and “Acknowledgement of Order” shall have the same meaning.
- Cancellation Right: a Consumer’s rights to cancel under clause 5 and clause 5.2.
- Customer: the person, firm or company who purchases the Goods from In-CarPC.
- Contract: any contract between In-CarPC and the Customer for the supply of the Goods and/or Services, incorporating these terms.
- Consumer: the Customer is a Consumer if he or she is an individual and will use the Goods exclusively for his or her own private use.
- Goods: any goods agreed in the Contract (and specified in the Acknowledgement of Order) to be supplied to the Customer by In-CarPC (including any part or parts of them).
- In-CarPC: A trading name of Bowmonk Limited registered at Diamond Road, Norwich, NR6 6AW with company number 894982.
- Quotation: a quotation of In-CarPC for the supply of Goods and/or Services
- Services: the installation and maintenance services to be supplied by In-CarPC in accordance with these terms and specified in the Quotation
- Vehicle: the vehicle in which the Goods are installed pursuant to these terms.
Use of the In-CarPC Website (www.in-carpc.co.uk)
Information on the Website: Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the website. The Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
Trademarks: The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of their respective owners. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of the trademark owner.
External Links: External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external website’s terms and conditions of use.
Public Forums and User Submissions: The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to:
- defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
- publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
- post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner’s and/or a third party’s computer system and/or network;
- violate any copyright, trademark, other applicable Great Britain or international laws or intellectual property rights of the Website Owner or any other third party;
- submit contents containing marketing or promotional material which is intended to solicit business.
Specific Use: You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
Warranties: The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company’s personal information or material and information transmitted over our system.
Disclaimer of Liability: The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
Use of the Website: The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Great Britain). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
Entire Agreement: These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
Alteration: The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Conflict: Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
Waiver: No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
Cessation: The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
Severability: All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Applicable laws: Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Great Britain without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Great Britain in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.