Definitions

Data Forge Ltd.                      We or us

Customer:                               You and Your

Consumer:                              Any person who buys goods from us for purposes which are outside his trade, business or profession.

Goods:                                     The computer hardware and software products sold by us to you including packaging, manuals and                                                        any other ancillary components or documents.

Conditions:                             Means the terms and conditions of sale set out in this document and any special terms and conditions                                                    agreed in writing by us.

Our Address:                          Data Forge
                                                  Plot 103 South Investors
                                                  New Cairo
                                                  Egypt

Our telephone number:      010 2126 2699

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The conditions which apply to your purchase of goods from us
The conditions in Part I apply to your purchase of goods from us whether you are a consumer or not.
The conditions in Part II apply to you purchase of goods from us only if you are a consumer.
The conditions in Part III only apply to your purchase of goods from us if you are not a consumer.

 

Part I

a) Making an agreement to purchase our goods

• The market in the goods is such that the specification, description and price of individual goods can change

• The invitation to you to order goods from us is not an offer by us to sell to you goods of the specification and description at the price indicated.

• Your order is an offer to us to buy the goods of the specification and description at the price indicated.

• Wherever possible we will accept your order to buy the goods of the specification and description at the price indicated by e-mail and in which case there will be a concluded agreement between you and us.

• Wherever it is not possible to accept your order to buy the goods of the specification and description at the price indicated we will advise you by e-mail and offer to sell you the goods of the specification and description at the price stated in the e-mail and will state the period for which the offer or the price remains valid.

• You may accept our offer by e-mail within the period stated and in which case there will be a concluded agreement between us.

b) Delivery of the goods

• The price of the goods does not include delivery by us to you

• The costs of carriage and any insurance which you direct us to incur shall be reimbursed by you and shall be due on the date for payment of the price.

• The goods shall be delivered by us to your address and the risk in the goods shall pass to you upon such delivery taking place.

• You should note that our carrier requires immediate notice to be given of any loss or damage to goods and you should inspect the goods upon receipt and report any loss or damage to the carrier immediately.

• Insofar as you report any transit damage to goods to us within 24 hours of delivery we will refund the price and carriage or replace the goods at no cost to you.

• In respect of any transit damage to goods reported to us after 24 hours of delivery we shall require proof from you that the goods were damaged before receipt by you.

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Part II

a) Payment and Price

• We shall not be bound to deliver the goods until you have paid for them. Payment shall be due when the agreement is made between us. Time for payment shall be of the essence.

b) Delivery

• We will try to deliver the goods to you within the time estimated for delivery.

• If we are unable to do so, we reserve the right to deliver them within 30 days beginning with the day after the day of the agreement between us.

• If we are unable to deliver the goods to you within 30 days beginning with the day after the day of the agreement; we shall inform you by e-mail.

• we shall make a further offer to you by e-mail to sell you the goods of the specification and description at the price stated in the e-mail and will state the period for which the offer or the price remains valid ;

• unless you accept the offer we will reimburse any sum paid by you or on your behalf under or in relation to the agreement within a period of 30 days beginning with the day after the day on which the time for delivery expired.

c) Your right of cancellation

• The rights of cancellation set out below apply to any agreement between you and us save insofar as the agreement is in respect of custom configured and bespoke built systems or computer software if it is unsealed by you.

• You have a right to cancel the agreement at any time before the expiry of a period of 14 working days beginning with the day after the day on which you receive the goods.

• You may cancel by giving us notice in any of the following ways:

• by a notice in writing which you leave at our address (given above);

• by a notice in writing which you send by post to our address (given above);

• by phone to our business phone number (given above);

• by electronic mail to our electronic mail address (given above);

and the notice shall operate to cancel the agreement between us.

• If you cancel the agreement :

• you must return the goods to us at the address given above ;

• the goods must be returned to us complete (please note the definition of goods given above) ;

• you are responsible for the cost of returning the goods to us at the address given above ;

• you are under a duty to take reasonable care of the goods (including reusable packaging, manuals etc) until they are returned to us ;

• you are under a duty to take reasonable care to see that they are received by us and not damaged in transit ;

• Order cancellations after an order is shipped (or built, for custom PCs) are treated as RETURNS and are subject to a 10% restocking fee.

• All cancellations on processed orders are subject to a 5% service charge even if the order is not yet in production (This 5% fee also applies to the cancellation of any order paid, whether processed or not).

d) Our right of cancellation

• If for reasons beyond our reasonable control, including but not limited to an inability or failure on the part of the manufacturers or suppliers of the goods to supply the goods to us, we are unable to supply the goods to you, we may cancel the agreement at any time before the goods are delivered by giving notice to you. We shall promptly repay to you any sums paid by you or on your behalf under or in relation the agreement. We shall not be liable for any other loss or damage whatever arising from such cancellation.

e) Guarantees and after sales service

• We guarantee that the goods will correspond with the stated description and specification.

• We guarantee that the goods will be of satisfactory quality when delivered by our carrier.

• The terms of any manufacturer’s guarantee and after sales service will be included within the documents accompanying the goods.

• We are willing to provide advice to you in accordance with the conditions below.

f) Advice given by us to you

• We are always prepared to offer advice about the goods including advice about installation, compatibility, configuration, and product upgrades.

• We know the general purpose for which you require our goods and we will take reasonable care when giving you any advice.

• Without knowing the particular application for which you require our goods and the exact specification and configuration of any existing system into which you intend to install our goods we cannot and do not warrant the suitability of any of our goods for your particular purpose.

• We do offer a service whereby we will install our goods into your existing system. If you ask us to do that, we can warrant the suitability of the goods installed by us.

g) Your responsibilities

• It is your responsibility to ensure compatibility of any goods offered for sale by us both with your existing components, peripherals and software within your system and with any other goods offered for sale by us.

• It is your responsibility to ensure proper installation of our goods into your existing system.

• It is your responsibility to ensure that wherever necessary you access the manufacturers web site to download any necessary product upgrades (including drivers and manuals).

• we will nonetheless try to assist you in resolving the problem

• depending upon the age and condition of the goods, we may be prepared to accept the return of the goods subject to a restocking charge and refund of the costs of the goods.

• insofar as the age or condition of the goods is such that we are unable to accept their return, we will redeliver the goods to you. You agree to pay to us the reasonable cost of re-delivering the goods to you.

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Part III

a) Conditions applicable

• These conditions shall apply to all contracts for the sale of goods by us to you to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under any purchase order confirmation of order or similar document.

• All orders for goods shall be deemed to be an offer by you to purchase goods pursuant to these conditions.

• Acceptance of delivery of the goods shall be deemed conclusive evidence of your acceptance of these conditions.

• Any variation to these Conditions (including any special terms and conditions agreed between you and us) shall be inapplicable unless agreed in writing by us.

• These terms represent the entire agreement between you and us.

b) Delivery and non-delivery of goods

• The goods shall be delivered to you at your address. The risk in the goods shall pass to you upon such delivery taking place.

• We shall arrange for carriage of the goods to your address. The costs of carriage and any insurance which you reasonably direct us to incur shall be reimbursed by you without any set-off or other withholding whatever and shall be due on the date for payment of the price. The carrier shall be deemed to be your agent.

• We shall not be liable for any loss or damage whatever due to failure by us to deliver the goods or any of them promptly or at all.

• Not withstanding that we may have delayed or failed to deliver the goods or any of them promptly you shall be bound to accept delivery and to pay for the goods in full provided that delivery shall be tendered at any time within 3 months of the agreement.

c) Retention of title by us

• The goods shall be at your risk as from delivery.

• In spite of delivery having been made property in the goods shall not pass to you until:

• you have paid the price in full; and

• no other sums whatever shall be due from you to us.

• Until property in the goods passes to you the goods and each of them shall be held by you on a fiduciary basis as bailee for us.

• You shall store the goods (at no cost to us) separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.

• Not withstanding that the goods (or any of them) remain our property you may sell or use the goods in the ordinary course of your business at full market value for our account. Any such sale or dealing shall be a sale or use of our property by you on your own behalf and you shall deal as principal when making such sales or dealings.

• Until property in the goods passes from us the entire proceeds of sale or otherwise of the goods shall be held in trust for us and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as our money.

• We shall be entitled to recover the price notwithstanding that property in any of the goods has not passed from us.

• Until such time as property in the goods passes from us you shall upon request deliver up to us such of the goods as have not ceased to be in existence or resold. If you fail to do so we may enter upon any premises owned occupied or controlled by you where the goods are situated and repossess the goods. You authorise us to repossess the goods from any other premises where the goods may be situated from time to time provided always that we have the consent of the person who owns, occupies or controls such premises to enter thereon. On the making of a request by us to you to deliver up such goods your rights to sell, use or otherwise deal with the goods shall cease.

• You shall not pledge or in any way charge by way of security for any indebtedness any of the goods which are our property. Without prejudice to our other rights, if you do so all sums whatever owing by you to us shall forthwith become due and payable.

d) Acceptance of the goods

• You shall be deemed to have accepted the goods 3 days after delivery to your carrier.

• After acceptance you shall not be entitled to reject goods which are not in accordance with the contract.

e) Rejection of the goods

• If you properly reject any of the goods which are not in accordance with the contract you shall nonetheless pay the full price for such goods unless you return such goods to us at your cost before the date when payment of the price is due.

f) Return of goods which are in accordance with the contract

• No goods delivered to you which are in accordance with the agreement will be accepted for return by us without our prior written approval (in accordance with our returns authorization procedure) and on terms to be determined at our absolute discretion.

• If we agree to accept any such goods for return you shall be liable to pay a handling charge of (5%) and restocking fee of (10%) of the invoice price. Such goods must be returned by you to us carriage-paid and in the original packaging.

• Goods which are in accordance with the agreement and are returned without our prior written approval may at our absolute discretion be returned to you or stored at your cost without prejudice to any other rights or remedies we may have.

g) Variations in description or specification

• We may deliver goods of a different description or specification from that agreed and as may be required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the goods.

h) Limitations upon our liability to you

• Our liability to you for any breach of contract or negligence (save and except our liability for negligence for death or personal injury) shall be limited to the price of the goods together with any expenses incurred by you in notifying us and returning the goods to us.

• We shall not be liable for any consequential loss including without limitation any loss caused by interruption of your business, loss of electronic information or physical damage to property and whether directly or indirectly caused by any breach of contract or by negligence by us or by any servant or agent of ours.

• We recommend that as a matter of good business practice you maintain insurance and that you maintain a back up system and that you back up your electronic information.