Terms and Conditions of Sale via the Paxton website
"Paxton" means Paxton Computers Limited of 15 Kingsway, Bedford, England MK42 9EZ.
"The Website" means the website currently owned and operated by Paxton at either of the following web addresses :-
"Buyer" means the individual or organisation who buys or agrees to buy the goods and/or services from the Website.
2.1 These Terms and Conditions shall apply to all contracts for the sale of goods and/or services via the Website to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 No variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be applicable unless agreed in writing by Paxton.
2.3 Any complaints should be addressed to Paxton's address stated in Section 1.
2.4 The goods and services available via the Website are currently only available to Buyers within the United Kingdom.
3 ORDERING VIA THE WEBSITE
3.1 All orders for goods and/or services via the Website shall be deemed to be an offer by the Buyer to purchase pursuant to these Terms and Conditions and are subject to acceptance by Paxton.
3.2 When making a purchase through the Website, the sequence to be followed is as listed below :-
The Buyer will :-
- Take reasonable care to ensure that the products and services to be purchased are suitable for the purpose intended and also suitable for implementation on their computer system. The Website will contain details of the facilities, prices and system requirements for the products and services offered.
- Understand the price to be paid for the goods and services to be purchased. All prices on the Website are shown in pounds sterling and exclusive of VAT.
- Be responsible for reading the Terms and Conditions of Sale (this document) as published on the Website.
- Place an order and submit payment for the required goods and service either online via the Website or by post.
After the order has been accepted by Paxton and full payment has been received and cleared, Paxton will forward by regular post to the Buyer :-
- A CD containing a single user version of the Paxton Charities Accounting run time package and Help module.
- An Activation Key that will enable the package for perpetual use for the number of users and charity databases purchased.
- If Paxton Charities Cover has been purchased, a log in name and password for use of the Paxton Charities Support Database.
- Instructions on installation and set up.
- A printed VAT invoice for the purchase.
4. INTELLECTUAL PROPERTY RIGHTS
5 PAXTON'S RIGHTS
5.1 Paxton reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time.
5.2 Paxton reserves the right to withdraw or discontinue to offer any Goods and/or Services from the Website at any time and shall not be liable to anyone as a consequence.
6. LIMITATION OF LIABILITY
6.1 In the event of any breach of these Terms and Conditions by Paxton the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and Paxton shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
6.2 Nothing in these Terms and Conditions shall exclude or limit the liability of Paxton for death or personal injury resulting from the negligence of Paxton or its employees.
No waiver by Paxton (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
8. FORCE MAJEURE
Paxton shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and Paxton shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
10. CHANGES TO TERMS AND CONDITIONS
Paxton shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
11. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.