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Terms and conditions

1. Definitions

You the customer: a person or company buying products or services from Demoncraft Limited
Consumer: a person buying Products for their own use
Business customer: a company as defined in English law
Demoncraft (us, our, Demoncraft Limited): the Product vendor as identified on your invoice and, where relevant, Service Provider
Integrated Customer Specified Software (ICSS): 3rd party software or customer downloads installed by Demoncraft Limited
Factory Integrated Components (FIC): integrated 3rd party components installed by Demoncraft Limited at time of build
Order confirmation: acknowledgement of Product ordered by you, sent by Demoncraft Limited. Price stated in Order Confirmation
Product: as described in Order Confirmation, may include 3rd Party Products and Service Offerings
Service Offering: as described in an Demoncraft Limited Installation agreement and/or Order Confirmation
Service Provider: Demoncraft Limited or its authorised service experts
3rd Party Products: stated in Order Confirmation, not branded or manufactured by Demoncraft Limited
Software: computer operating systems or applications

2. Application

This Agreement applies to this sale, service and all statements made by Demoncraft Limited in brochures, price lists, adverts, quotations, on the internet or verbally. Variations to this Agreement must be made by Demoncraft Limited in writing. Any other Terms, Conditions or Purchase Orders are excluded. Placing your order means acceptance of this Agreement. Demoncraft Limited may change this Agreement at its choosing.

3. Orders/Contract

Orders are accepted by writing, internet, telephone or fax but are only binding when accepted by Demoncraft Limited. Acceptance is deemed to have taken place when either Demoncraft Limited sends the Order Confirmation in writing or payment has been taken. Please check the Order Confirmation and notify Demoncraft Limited of any mistake in writing immediately, failure to do so will result in the details stated in the Order Confirmation applying to this Agreement.

4. Price & Payment Terms:

Quotations are only valid in writing and during the period that they state. If no time is stated the quotation will be valid for a period of 14 days. Demoncraft Limited reserves the right to change Products (incl. 3rd Party Products) at any time but Demoncraft Limited guarantees replacement products at least equivalent functionality and performance. Price excludes tax, shipment, insurance and installation. Exchange rates, duties, insurance, freight and purchase costs (incl. for components and services) may cause Demoncraft Limited to adjust prices. Payment will be made before supply or service or, if agreed, within the agreement terms. Demoncraft Limited may suspend deliveries or service until full payment is received. If payment is late, interest at 2% above the minimum lending rate of Lloyds TSB Bank PLC on the late amount and the costs of recovery shall be payable by the customer. Cheques may only be accepted conditionally.

5. Delivery/Title/Risk:

The delivery period in the Order confirmation is approximate. Delivery by installments may be made. The place of delivery is stated in the Order Confirmation. Title to Product does not pass until full payment in cash or cleared funds have been received for all goods and services delivered to the buyer under this and all other contracts between the seller and the buyer. Until then the customer must insure and store the goods separately and may not modify, pledge or sell them. Demoncraft Limited may enter the storage premises to repossess the goods at any reasonable time specified by Demoncraft Limited until full payment has been received. Should the customer sell them before title passes, they will become Demoncraft Limited's agent and the proceeds of the sale shall be held on our behalf, separately from the customer's general funds. Demoncraft Limited may sue for the Price before title passes. If the customer refuses delivery without Demoncraft Limited's agreement the customer must pay Demoncraft Limited's expenses or losses resulting from that refusal, including storage costs, until the customer accepts delivery. The promotion of Free delivery on certain items is subject to the promotional item being purchased and delivery being within the UK mainland only. The promotional offer of Free Delivery can be withdrawn without notice.

6. LCD / TFT Display Pixel Anomalies:

Due to the manufacturing process employed when producing TFT displays there is a tolerance of pixel anomalies (bright / dark / coloured dots) the limits of which are set by the TFT manufacturer. Demoncraft Limited will only consider a TFT screen to be defective and therefore require replacement in accordance with the warranty when the TFT manufacturer's tolerance limit is exceeded. Please consult the information entitled "LCD Tolerances" supplied with your TFT device for further information.

7. Acceptance:

When the product is received it must be inspected promptly. Failure to reject within a reasonable period after delivery is deemed to be acceptance of the goods. After this period the goods will have been accepted. If Demoncraft Limited agrees to the return of the Product at its choosing, it must be in its original condition with all packaging and associated items , with a Demoncraft Limited issued returns number and proof of purchase. Demoncraft Limited reserve the right to levy a restocking fee for returned items unless their return is based upon distance selling regulations in force at the time of their return or Demoncraft Limited has determined the item is faulty. Except in the case of faulty items the customer is responsible for the safe and insured return of the item(s) to Demoncraft Limited's head office.

8. Distance Selling Regulations:

The Consumer may cancel the contract, by indicating their wish to do so in writing to the Customer Services Department within seven working days, starting the day after product is received, or, if for a service, seven working days starting from the date the Consumer entered into the contract. The Consumer must return the goods to Demoncraft Limited in its original condition with all packaging, associated items and an Demoncraft Limited issued returns number. The cost of the return is to be borne by the consumer. The Regulations do not apply to used goods and unsealed licensed software or items specifically built to order. Demoncraft Limited will refund, less appropriate deductions, to the Consumer within thirty days of the written notice of cancellation, by the original method of payment. Demoncraft Limited will deduct from any refunds the direct charges incurred by Demoncraft Limited of: Transit Delivery Charges £59.95 Inc VAT (maximum three boxes). CONTACT DETAILS Your contract is with: Demoncraft Limited Ltd. PO Box 13, Clevedon, North Somerset BS1 6GX . If you have any questions or complaints regarding the company, these can be addressed to the Customer Care Manager at the above address. This is the registered headquarters of Demoncraft Limited and the company registration number is 1699807. The company will endeavour to acknowledge written complaints within 5 working days. The time it takes to reach complete resolution of complaints will be governed by the nature and complexity of the issue but we will endeavour to ensure that consumers are informed of the progress of complaints as appropriate. Details of the specification, price and arrangements for payment of the goods purchased by distance selling are available on our web site, in our company publications and will also be provided on invoices despatched with your order. Our sales team are happy to send you a quotation by fax or post detailing specifications or you may want to print out your web order for your records. Distance Selling regulations allow for a cooling off period of seven days from receipt of goods covered under the legislation. Customers may return specified goods without reason within this period for a refund. This excludes goods made to the consumer's specifications. It does not apply to goods intended for everyday consumption. Video recordings or computer software unsealed by the consumer are also excluded. The cost of returning and appropriately insuring the goods until satisfactory receipt at Demoncraft Limited will be borne by the customer. To cancel the contract Demoncraft Limited's Customer Care Manager must be contacted in writing at the above address within 7 working days of receipt of the goods. Delivery is deemed to be completed on the day after receipt of the goods. The customer will be required to return the goods before a refund can be processed. Following receipt of written rejection the customer care department will contact the customer with a RETURN TO MANUFACTURER number within 5 working days. This number must be quoted on all returned goods so that the goods can be properly identified. The company cannot be held responsible for goods returned without proper identification. It is the customer's responsibility to ensure the safe return of the item(s) in the original condition with all associated items and packaging. The item(s) will be deemed as returned upon inspection and confirmation that they are complete and in good order by Demoncraft Limited A refund will be issued within 30 days of satisfactory receipt of the goods at Demoncraft Limited. Refunds will be by payment to the originating credit card or by cheque. Details relating to the warranty of products purchased from Demoncraft Limited will be included with any PC purchased. Other products are covered under the terms of the Sale of Goods Act 1979 (as amended). Products other than PC's, notebooks, servers or consumables are covered by a 1 year warranty. These details form part but are not the exclusive extent of your contract with Demoncraft Limited which is governed under English law. Your statutory rights as a consumer are unaffected.

9. Warranty:

Demoncraft Limited guarantees to you that Products (excl. 3rd Party Products) will be free from defects for 12 months from delivery and spare parts for 90 days from installation unless stated otherwise. Notebook batteries are deemed consumable items and have a warranty period of 90 days. Should a product be defective within the warranty period Demoncraft Limited will repair or replace the product within a reasonable time. The customer must allow Demoncraft Limited to examine Product at Demoncraft Limited's premises. Demoncraft Limited owns any replaced Product or parts. All reasonable care and endeavour shall be used to resolve problems within a realistic period in the circumstances. Demoncraft Limited repairs using components on a like for like basis. Where a particular part is not available Demoncraft Limited reserves the rights to substitute the part with one of an equivalent or greater performance. An item will be deemed as faulty only after investigation by Demoncraft Limited Ltd. The warranty will only be activated after diagnoses by Demoncraft Limited Ltd of a warranty fault. Demoncraft Limited does not give a warranty or guarantee protection for: a) damage caused by incorrect installation, use, modifications or repair by any unauthorised 3rd party or the customer; b) damage caused by any party or other external force; c) fitness for any particular purpose not notified to Demoncraft Limited and agreed in writing at the point of sale or prior to delivery; d) 3rd Party Products, ICSS and FIC specified by the customer. Support for these products will be received directly from their manufacturer or licensor; e) any instruction given by the customer and correctly performed by Demoncraft Limited.

10. Services:

Services will be provided by Demoncraft Limited or a Service Provider on Demoncraft Limited's behalf. Response times are estimates and may vary according to the remoteness or accessibility of Product location. Service may be provided via telephone, internet, e-mail, letter or any other means of communication both written and verbally where appropriate. If agreed, and stated in the Order Confirmation, Service Offering may include advice, asset tagging, installation, integration, disposal, training and /or consultancy. Unless stated in Order Confirmation the following are excluded from Service: items excluded from Warranty, changes to configuration, relocation, preventative maintenance, consumables, diskettes, unnecessary work in Demoncraft Limited's assessment, electrical environment, transfer of data or Software, viruses and customer initiated errors either hardware or software. Demoncraft Limited reserve the right to charge for any service carried out that it determines is the result of a customer initiated error, modification or misuse. 3rd Party Products will be repaired according to manufacturer or licensor warranty. Parts not critical to Product function, may not be serviced within Service Offering time period.

10. Integrated Customer Specified Software (ICSS):

The customer will specify and provide ICSS or Demoncraft Limited may obtain ICSS at your instruction. Demoncraft Limited will indicate acceptance and/or validation of ICSS, then will integrate ICSS into Product, producing an ICSS Product. Demoncraft Limited may install ICSS Product under your instruction or under Demoncraft Limited's technical advice if agreed. Demoncraft Limited will not carry out ICSS work if it is not technically feasible in our view.

11. Factory Integrated Components (FIC):

The customer will specify and provide FIC or Demoncraft Limited may obtain FIC at your instruction. Demoncraft Limited will indicate acceptance and/or validation of FIC, then will integrate FIC into Product, producing a FIC Product. Demoncraft Limited may install FIC Product under your instruction or under Demoncraft Limited's technical advice if agreed. Demoncraft Limited will not carry out FIC work if it is not technically feasible in our view.

12. Liability:

Demoncraft Limited's liability in respect of defects in the goods shall be limited to those stated in Clause 9 and subject to Clause 2(1) of the Unfair Contract Terms Act 1977, Demoncraft Limited shall not be liable whether in contract or in tort, including but not limited to negligence, or by reason of breach of statutory duty or otherwise, for any damage or loss whatsoever suffered by the buyer arising out of or attributable to such defects. Neither party shall be liable to the other for any indirect or consequential loss or damage, loss of profit, loss of use or production or of contracts which the other may suffer arising out of any breach by a party of its obligations under the contract and whether the same be due to the negligence of that party or not.

13. Intellectual Property:

The customer indemnifies Demoncraft Limited for any of ICSS or FIC specified or owned by the customer and integrated into Product. Demoncraft Limited is allowed to litigate, negotiate and settle claims and the customer must assist us at our expense (except where ICSS or FIC owned by the customer is allegedly infringing) when litigation is directly related to your Product. Demoncraft Limited retains all Demoncraft-owned ICSS or FIC in Product. The customer must notify Demoncraft Limited immediately of any infringing or unauthorised use of Product or ICSS or FIC in it.

14. Software:

Software not owned by Demoncraft Limited is supplied subject to the licence and warranty of the Software licensor. Demoncraft Limited encloses the Software licence that the customer requires with the Product where necessary; you must comply with that licence.

15. Export Control:

The customer acknowledge that Product may include technology and Software which is subject to EU and US export control laws and laws of the country where it is delivered or used: the customer must abide by all these laws. Product may not be sold, leased or transferred to restricted end users or countries or for a user involved in weapons of mass destruction or genocide. The customer acknowledges that EU and US restrictions vary regularly and depending on Product, therefore you must refer to the current EU and US regulations.

16. Force Majeure:

Demoncraft Limited is not liable for delays in performance (incl. delivery or service) caused by circumstances beyond its reasonable control and will be entitled to a time extension for performance; examples include strikes, supplier/transport/production problems, exchange fluctuations, governmental or regulatory action and natural disasters. If this lasts more than 2 months, this Agreement may be terminated by either party without compensation.

17. Confidentiality:

Each party must treat all information received from the other marked "confidential" or reasonably obvious to be confidential as it would treat its own confidential information.

18. Termination:

Demoncraft Limited may terminate this Agreement with written notice if the customer: a) fails to pay on time and within 14 days of written notice; b) breaches or Demoncraft Limited suspects the customer has breached export control laws. Either party may terminate if the other; a) commits a material or persistent breach of this Agreement and fails to remedy this within 30 days or written notice from the other; or b) becomes insolvent or is unable to pay debts as they fall due. Demoncraft Limited reserve the right to charge for any components, engineer's time and related costs due to order cancellation.

19. Your obligations as a Customer:

You are responsible for; a) your own choice of Product and its suitability for purpose; b) your telephone & postal charges in contacting Demoncraft Limited, if any; c) any ICSS or FIC specifications & instructions given by the customer; d) all ICSS or FIC, its performance, licences, authorisations and any unused ICSS or FIC. The customer must provide Demoncraft Limited with all reasonable courtesy, information, cooperation, facilities and access to enable Demoncraft Limited to perform duties, failing which Demoncraft Limited shall not be obliged to perform any service or assistance. The customer is responsible for the removal of non Demoncraft Limited supplied products during service, the back up and confidentiality of all data in Product and all of your legal and regulatory requirements.

20. Data Protection:

Your data will be held and /or transferred in strict accordance with the applicable data protection laws and Demoncraft Limited's data protection registration and you consent to this. You may instruct Demoncraft Limited not to use your data for direct marketing purposes.

By submitting information via this site or any related telephone registration process:

You consent to the processing of data personal to you, such as your name and title, address, telephone number, contact details and other personal details (“Personal Data”), in accordance with the terms notified in the “Personal Data” (or similarly entitled) part of the registration/data input form or telephone registration process for this site.
You acknowledge that the processing of your Personal Data is necessary and/or desirable for the personalisation of your visit to this site and/or the granting and controlling of access to this site or parts thereof to registered Users or paying subscribers and for fraud prevention purposes you consent to such processing.
In certain circumstances we may seek additional personal information such as dates of birth, photocopies of identification documents or credit cards for example for identity verification or fraud prevention purposes. Where such additional information is submitted to us, it shall also be regarded as “Personal Data”.

21. Consumer Rights:

Any statutory Consumer rights are unaffected by this Agreement.

22. Jurisdiction:

English law and the exclusive court jurisdiction of the English courts will apply to this Agreement. The Vienna Convention on Contracts for the International Sale of Goods is excluded.

23. Miscellaneous:

If any part of the Agreement is found to be invalid or unenforceable by a court, the rest is unaffected. Demoncraft Limited may subcontract its obligations to a third party. Otherwise, neither party may assign or transfer any obligations or rights. All notices must be in writing (by hand, email, fax or 1st class post deemed delivered 48 hours after posting) and sent to a legal officer of either party. You can find all Demoncraft policies and notices via www.Demoncraft.com and you should refer to this site for any further updates.

Thank you for doing business with Demoncraft Limited

On-Site Warranty (UK mainland only)

1. Cover provided under this Contract:

An unlimited number of requests for hardware service to the base unit and monitor *** during normal working hours of 9.00 a.m. to 5.00 p.m., Monday to Friday inclusive, excluding public and bank holidays. Work performed outside normal working hours, software problems, or customer initiated malfunction will be liable to a charge. This service extends to field replaceable parts only (items that can reasonably be replaced on site without the use of a workshop environment). In the case of notebook computers this would typically exclude the main system board, TFT display and integral parts of the case. Peripheral and consumable items including but not limited to Printers, scanners, Keyboards, mice, Notebook batteries and Notebook Power Supply units are not covered by this contract.
All labour, travelling time and travelling expenses.
The free replacement or repair of any part of the equipment hardware in the equipment schedule* which has failed during normal use. Parts may be exchanged on a like for like basis.
The Company may inspect, adjust, repair or replace the equipment or any part of it as it considers necessary or advisable. The service shall include repair of the Equipment in the Company's or original manufacturer' s workshops if in the opinion of the Company such repair is necessary.
Unless otherwise agreed specifically in writing by the Company in relation to any particular item, the Company has no responsibility under this Contract in relation of any of the following items, namely:
1. Software, storage media, data retrieval
2. Building, wiring or telephone instruments where relevant
3. External services outside the control of the Company
4. Consumable items as specified by the equipment manufacturer/distributor
5. Repair or alteration of equipment by unauthorised 3rd parties

2. Period of Agreement:

Where the customer is in breach of any of its obligations under this or any other agreement between the parties, without prejudice to the Suppliers or their remedies (including the right to terminate this agreement on a continuing or further breach) the Supplier may suspend the provision of its services.

3. Assignment:

The Company shall be entitled to transfer or assign all or any of its rights in this agreement and to perform any of its obligations through nominated sub-contractors.

4. Customer undertakes:

To carry out routine day-to-day preventative maintenance as may be recommended under the Customer operating instructions supplied with this equipment
To permit the Company service engineers to have full access to the Equipment and proper facilities at the Customers premises for the purpose of carrying out the Service to be provided by the Company
To be available for the scheduled appointment, should an engineer attend site and be unable to carry out the programmed works due to non availability of a representative to allow access to the equipment a £30 re booking fee shall apply
To give more than 24 hours notice of any cancellation or re booking of an engineering visit, if less than 24 hours notice is given a £30 re booking fee shall apply
To permit no alteration to apparatus or wiring except by Agreement with the Company and work to be carried out in accordance with approved procedures
Responsibility for adequate back-up of all data since its protection or recovery forms no part of the agreement

5. Liabilities:

6. Virus Infection:

The number of computer viruses in circulation is increasing. A number of these may result in loss of data or damage to the system hardware or software. Issues with systems caused by a virus may result in a chargeable visit by one of our engineers.

7. Force Majeure:

Neither party shall be liable for any failure to perform its obligations hereunder as such failure arises from any Act of God, War, Strike, Lockout or other labour dispute, Riot, Civil Commotion, Fire, Flood, Drought, Legislation or other causes (whether of the foregoing classes or not) beyond the control of the party concerned.

8. Response Times:

Upon determination by Demoncraft Limited that a hardware problem exists, Demoncraft Limited will make every reasonable endeavour to dispatch an engineer to site within the time scales applicable to the warranty provided with the equipment. Demoncraft Limited will make reasonable endeavours to attend site on the next business day following the determination by Demoncraft Limited that a hardware problem exists. There is however a cut off time of 4:00pm. In real terms this means that if a customer reports a problem on Monday that is diagnosed as being a hardware failure before 4:00pm, the engineer should be on-site sometime on Tuesday. If the problem is diagnosed after 4:00pm then the next business day is taken as being Wednesday. Likewise on Friday, diagnosis before 4:00pm should mean an engineer on Monday, after 4:00pm should mean an engineer on Tuesday.

This agreement shall be governed and interpreted according to English Law.

This does not affect your statutory rights.

Return to Base Warranty (Parts and Labour)

The terms and conditions for this type of warranty are as per those for "Onsite Warranty" with the exception of section 1,Cover provided under this contract and section 4,Customer Undertakes. These are as follows;

1. Cover provided under this Contract:

An unlimited number of requests for hardware service to the base unit and monitor *** during normal working hours of 9.00 a.m. to 5.00 p.m., Monday to Friday inclusive, excluding public and bank holidays. Work performed outside normal working hours, software problems, or customer initiated malfunction will be liable to a charge.
The free replacement or repair of any part of the equipment hardware in the equipment schedule* that has failed during normal use. Parts may be exchanged on a like for like basis.
The Company may inspect, adjust, repair or replace the equipment or any part of it as it considers necessary or advisable.
Unless otherwise agreed specifically in writing by the Company in relation to any particular item, the Company has no responsibility under this Contract in relation of any of the following items, namely:
1. Software, storage media, data retrieval
2. Building, wiring or telephone instruments where relevant
3. External services outside the control of the Company
4. Consumable items as specified by the equipment manufacturer/distributor
5. Repair or alteration of equipment by unauthorised 3rd parties

2. Customer undertakes:

To carry out routine day-to-day preventative maintenance as may be recommended under the Customer operating instructions supplied with this equipment
To permit no alteration to apparatus or wiring except by Agreement with the Company and work to be carried out in accordance with approved procedures
To notify the Company in writing in the event that the Equipment is to be re-located
Responsibility for adequate back-up of its data since its protection or recovery forms no part of the agreement.
Responsibility for costs incurred for the safe and insured return of the equipment to Demoncraft, and subsequent return to the customer. (Collection and return of the equipment can be arranged for a charge by Demoncraft Limited if required)

Return to Base Warranty (Labour Only)

The terms and conditions for this type of warranty are as per those for "Return to Base Warranty" with the exception of section 1. Cover provided under this contract. This is as follows;

1. Cover provided under this Contract:

An unlimited number of requests for hardware service to the base unit and monitor *** during normal working hours of 9.00 a.m. to 5.00 p.m., Monday to Friday inclusive, excluding public and bank holidays. Work performed outside normal working hours, software problems, or customer initiated malfunction will be liable to a charge.
The provision of free labour required to carry out the repair or replacement of any part of the equipment schedule* that has failed during normal use. The cost of components or replacement parts required to restore the equipment to working order will be recorded and charged to the customer as appropriate. Parts may be exchanged on a like for like basis.
The Company may inspect, adjust, repair or replace the equipment or any part of it as it considers necessary or advisable. Any charges will be agreed with the customer before replacement is made.
Unless otherwise agreed specifically in writing by the Company in relation to any particular item, the Company has no responsibility under this Contract in relation of any of the following items, namely:
1. Software, storage media, data retrieval
2. Building, wiring or telephone instruments where relevant
3. External services outside the control of the Company
4. Consumable items as specified by the equipment manufacturer/distributor
5. Repair or alteration of equipment by unauthorised 3rd parties

* Equipment Schedule shall be taken to mean any hardware installed within the Demoncraft PC at the time of purchase. External items are classed as peripherals and therefore have a 12 month return to base or manufacturers warranty. Batteries are subject to charge / discharge limits so are classed as consumable items. The warranty on this item is therefore 90 days.

*** Monitors are provided with a manufacturer's warranty. This does not provide a specified response time to any warranty issue reported. Suspected problems should first be reported to Demoncraft Limited who, following determination that a hardware fault exists, will put the caller in contact with the manufacturer or their service agents.

© 2006 Demoncraft Ltd All Rights Reserved. All logos and product names are trademarks of their respective owners and are used with permission.
Demoncraft is a trading name of Demoncraft Ltd. Registered in England & Wales Company 5939434.