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| General |
1.1 |
All software products sold by Aspen Software shall be
subject to the following standard terms and conditions which may not be varied unless
agreed in writing. |
| 1.2 |
Orders placed online will not become a binding
purchase contract upon Aspen Software until an Order Acknowledgement has been issued.
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| Prices |
2.1 |
Goods are invoiced at the prices ruling at the time
of ordering. VAT will be added at the prevailing rate where applicable. |
| 2.2 |
For deliveries to countries outside of the EU, the
purchaser of the goods will be liable for any duties and taxes that may be levied upon
importation into the destination country. |
| Delivery |
3.1 |
Any time or date specified by Aspen Software for
delivery of products shall be treated as an estimate only. Whilst every effort will be
made to despatch goods on time, no liability can be accepted for failure to deliver within
the estimated time.
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| Right to
Cancel |
4.1 |
In accordance with the
Consumer Protection (Distance Selling) Regulations 2000 an order from a
consumer (not on behalf of a business) may be
cancelled within seven days of receipt of the goods. |
| 4.2 |
For a cancellation to be
allowed, all software products must be unopened with seals intact.
Orders for downloaded software, such as provided through the R:BASE 7.0
pre-purchase programme may not be cancelled. |
| 4.3 |
To exercise the right to
cancel the Client must advise Aspen Software by letter, facsimile or email
using the address given in 10.4 and return the goods to this address at
their own expense.
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| Payment |
5.1 |
Where a credit account has been established, invoice
payment is due in sterling no later than 14 days from the date of invoice. Payment shall
be made by cheque, or by prior arrangement by funds transfer into Aspen Software's bank
account. |
| 5.2 |
Payment shall be deemed to have been received when
the full amount invoiced has been credited to Aspen Software's bank account. |
| 5.3
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Where a credit account has not been established,
payment shall be made by credit card (Visa/Mastercard) or by cheque with
order. Credit cards will be debited when the goods are despatched from Aspen
Software (or upon acceptance into the pre-purchase programme in the case of
R:BASE 7.0 orders.) |
| Property & Title |
6.1
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Property or title to products and their licences
shall only pass to the Client when payment is received in full by Aspen Software. |
| Professional
Duty |
7.1 |
Aspen Software recognises its professional duty to
make agreements in good faith and undertakes that the supply of products to the Client
will be in accord with the spirit as well as the letter of the agreement. |
| 7.2
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Client acknowledges that they will adhere to the
licence agreements of all products purchased from Aspen Software.
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| Warranty |
8.1 |
If the Client is genuinely dissatisfied with the
product during a period of 90 days from the date of receipt of the product then the Client
will be eligible to a refund of the original purchase price provided that:
the product was not obtained under the R:BASE 7.0 pre-purchase programme, any
dissatisfaction is confirmed in writing to Aspen Software, all original elements of the
product are returned undamaged to Aspen Software and any copies made of the product by the
Client are permanently destroyed. |
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8.2 |
The above warranty is in addition to any statutory
rights the Client may have.
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| Liability |
9.1 |
Aspen Software shall not be liable for any
consequential loss, expenditure or damage suffered or incurred by the Client arising from,
or in any way connected with the products supplied. |
| 9.2 |
Aspen Software's liability in respect of breach or
non-performance of any order shall be limited to the invoiced value of the products to
which a claim relates. |
| Miscellaneous |
10.1 |
The governing law in all issues relating to these
conditions will be the Law of England. |
| 10.2 |
If any provision of this agreement is found to be
void or unenforceable then the balance of this agreement shall remain in full force and
effect. All rights not specifically granted in this agreement are reserved by Aspen
Software. |
| 10.3 |
The company VAT number is GB 533 3491 55. |
| 10.4 |
The address for correspondence in relation to this
agreement is :
Aspen Software, The Studio, 9 Cinnamon Close, Earley, Reading,
Berkshire RG6 5GP United Kingdom. Facsimile: 0118 986 3893 Email: info@aspensoftware.co.uk
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