In these Terms and Conditions "Company" means "NPR Software trading as Orlogix" and "Customer" means the person or Company that purchases the goods. "Goods" means the goods specified in the Company's invoice. These terms and conditions apply to all sales of Goods to the Customer to the exclusion of any other terms and conditions agreed upon in writing between the parties. The contract between the Company and the Customer shall be governed by and construed in accordance with the Laws of The Republic of Ireland.
Credit limits may be given to approved accounts at the sole discretion of the Company but the Company may require both bank and trade references at its discretion. At its sole option the Company may cancel or amend a credit limit previously granted.
Payment of credit accounts must be effected within 30 days of Invoice date. Failure to effect payment when due will result in suspension of deliveries without prejudice to any other remedy which the Company may have.
Title in all Goods supplied by the Company shall vest in the Company until the Company has received full payment in respect thereof.
Prices and Delivery
All prices stated are inc. VAT and excl. freight unless otherwise stated.
Shipments to VAT exempt destinations can be arranged at 0% VAT after the order is placed online.
We reserve the right to refuse delivery on all items in regards to fluctuations in price and stock situation.
We also reserve the right to refuse delivery on all items due to competitive or market situations.
All delivery times given by us must be seen as guiding.
Our order confirmation does not constitute a contract. It is merely a confirmation that we have received your "request to purchase". The contract is the Invoice which is issued when we finalise the sale and physically remove the funds from the customer's credit card. Time consumed for picking, packing and eventual production does apply in addition before we submit the parcel to the courier. When time is set in days, we are referring to working days. We reserve the right to deviate on given delivery time without further notice. Any changes in price occurring after time of ordering will not have retroactive effects. We take reservations on eventual typing-/printing errors.
Should we, contrary to what we all expect, have a pricing error generated by human hands, we reserve the right to delete the order and offer you the item at the correct price.
The Company warrants to the Customer only that any Goods supplied by it, function in accordance with any specification provided in documentation accompanying the Goods, provided always the Goods have been used strictly in accordance with the Company's instructions, and, without prejudice to the generality of the foregoing, have been used correctly in conjunction with a designated computer operating system.
All software products are licensed (not sold) in accordance with the terms expressed in the documentation included with the Goods.
Save as herein provided, all representations, conditions, warranties or other terms whether expressed or implied or whether statutory or otherwise are hereby expressly excluded. Under no circumstances shall the Company be liable to the Customer or to third parties for loss (including, but not limited to, loss of profit or data) damage or injury howsoever arising. In any event, the total liability the Company shall have to the Customer shall not exceed the value of the Goods covered by this invoice.
In the case of Goods not of the Company's manufacture, the Company will extend the Customer the benefit of any guarantee, warranty or condition which may have been granted to the Company by the supplier of the Goods and will take such steps as the Customer may reasonably require to enforce such rights but save as aforesaid no condition or warranty is given by the Company in relation to such Goods that are not of its manufacture.
The warranties in this clause in no way invalidate any statutory right of the Customer.
The Customer is reminded that unless the license for a specific product states otherwise, the vast majority of software programs are licensed and not sold and any licence granted is personal to the licensee. The Customer has no right of sale, lease, rent or hire of a software program to a third party unless the Company's prior and written permission has been obtained.
The person registered with the Company is responsible for payment of the goods the Company or the affiliates of the Company delivers in regards to set terms. The responsibility includes also others' use of the customer's access, hereunder unauthorised use, as long as it cannot be proved that unauthorised use has been made possible due to negligence from the Company.
If goods are uncollected, the customer can be charged a fee together with the freight costs going both ways to cover the Company's expenses in relation to a breach of contract.
The Company agrees to as quickly as possible, after being notified of a faulty product, to carry out efforts to correct the fault. If the customer on his/her own initiative carries out efforts to correct the fault in addition to what has been agreed on with the Company, the Company will not pay for these expenses.
Cooling Off period
The Cooling Off(http://www.consumerconnect.ie/eng/Get_Your_Rights/Buying_Online/Cancelling_An_Order/) period only applies to end-user/consumer purchases. This does not apply for business/commercial accounts.
Products with significant physcial defects to the non-packaging components or unreadable or corrupt data media will be considered faulty.
Products purchased by the customer and found to be unsuitable due to an error in product information presented at point of sale or from the Companies employees or agents WILL be considered faulty.Non-Faulty Goods
Products purchased by the customer and found to be unsuitable due to the customers lack of knowledge of their own requirements or failure to thoroughly check the system requirements of the product, as displayed at point of sale, will not be considered faulty.
Under Republic or Ireland Law, specificially "Sale of Goods and Supply of Services Act, 1980" (http://www.irishstatutebook.ie/1980/en/act/pub/0016/index.html), you are entitled to a refund.Goods Reported Faulty Within 28 Days of Receipt
If you are reporting faulty goods within 28 days of receipt (please note that for business customers, this is 14 days), then when the goods are returned to us complete, we'll issue a full refund to you via your original payment method.Goods Reported Faulty More Than 28 Days After Receipt
???????????????????Goods Damaged in Transit
If your goods were damaged in transit, we request that you report it to us within 7 days. If goods are visibly damaged on receipt, it's best to sign the delivery note accordingly. Once the damaged goods have been collected and received back into our warehouse, we'll issue a full refund to you via your original payment method.If You Have Changed Your Mind
If you have changed your mind and you are a private customer (not applicable to business customers), and the goods have not been in your possession for over 10 days, then you are entitled to return the goods to us for a full refund on condition that you take reasonable care of the goods until they are returned to us.
In particular this means that you will:
- not open shrink-wrapped or blister pack products or break any manufacturer's seals
- return in good condition all packaging, manuals, cables etc
- return the goods in a condition that would enable Orlogix to resell them as new
Please note that the cost of returning these items is the responsibility of the customer. Note: Return carriage costs paid by the customer.
Consumers' right to cancel Software that is supplied on CD, DVD or other similar storage devices is also lost if the Software is unwrapped unless damaged or defective.Packaging Goods for Return
In all cases where goods are to be returned to us, then please ensure that you read our Return of Faulty Goods: Packaging Guidelines
Maintenance and Support
The Company will provide maintenance and support of its products as described in the sales contract and irish law. Any maintenance and support provided beyond those terms is solely at the discretion of the company.
The Company is only responsible for loss of the item should there be faults or flaws. This does not apply should the Company justify that the flaw is due to external relations outside of the Company's control, and that the Company cannot, in all fairness, be expected to avoid or overcome the consequences of. The Company is not responsible for indirect loss as a result of faults unless the loss is achieved due to severe negligence or with purpose from the Company. By end-user purchases the terms cannot be inferior to the terms set by law.
Changes to terms
The Company reserves the right to change the existing terms hereunder as a result of changes in legislation.
Should the Company be prevented from delivering or do an obliged re-delivery or should such a delivery duty be of unreasonable burden as a result of a working conflict or other circumstance when the parties cannot rule over it such as fire, war, mobilisation or unforeseen military summoning of the equivalent extent, requisition, confiscation, currency restrictions, riots and disturbance, shortage in transportation, ordinary shortage in stock, reduction in mainforce supplies, and shortage by or delays by deliveries from sub suppliers or manufacturers whom as a result of such circumstances described herein, the Company is relieved of all other responsibilities than in cases of complaints and credit the purchase sum of the faulty item.
Disputes and Reservations
All trade and business activities via www.orlogix.com are subject to and in accordance with Irish Law(http://www.citizensinformation.ie) and current legislation. Disputes between the customer and the Company shall be sought to be solved in an amicable manner. Should the dispute not be solved by negotiations, each of the parties can take the case in for the appropriate courts of justice. We take reservation for possible errors and eventual price changes. Illustrations may vary from the actual item, we can not be held responsible for differences between product specifications and the associated image.
The failure by the Company at any time or for any period to enforce any one or more of these Terms and Conditions shall not be a waiver of them or a waiver of the right to enforce such Terms and Conditions on a future occasion.
The Company shall not be responsible for any failure to perform its obligations hereunder due to circumstances beyond its control.
Each of the above conditions shall be read and construed independently of each other so that if one or more is held to be invalid as an unreasonable restraint of trade, or for any other reason whatsoever, then the remaining Terms and Conditions shall be valid to the extent they are not held to be so invalid. Further, in the event that any Term and Condition shall be found to be void but will be valid if some part thereof were deleted then such Term and Condition shall apply with such modification as may be necessary to make it valid and effective.