Untitled Document

These "Terms and Conditions" will apply to and govern all Contracts under which "Apple Crumble", its affiliates, subsidiaries, agents or contractors acting on its behalf, agree to supply goods and services, and shall prevail over any terms and conditions of the client, whether referred to in the client's order, or in correspondence and elsewhere, or implied by trade custom practice or course of dealing. Any purported provisions to the contrary are hereby excluded or extinguished. No variation of these terms and conditions shall be effective unless previously agreed in writing.

Terms and Conditions:

1. Security: It is the client's responsibility to ensure that prior to Apple Crumble starting work on it's computer system or other electronic Installation, that all critical data has been backed up, and that appropriate recovery procedures are in place. In the event that this has not been done or has not been possible, work is permitted to be undertaken at the client's own risk.

2. Software Licensing: It is the client's responsibility to comply with the terms of use, distribution, duplication and other requirements whether public or private in origin applicable applied to any software supplied through Apple Crumble or used by Apple Crumble

3. Public Domain Software: In the case of software that is available as "freeware", "shareware" or otherwise supplied from the public domain, such software is supplied to the client on an "as is" basis. Apple Crumble makes no warranty as to fitness for purpose, performance or as to freedom from embedded malicious software.

4. Maintenance of Protection: It is the client's responsibility to ensure that the effectiveness of any software supplied by Apple Crumble is maintained, by acquisition from the original developer of such database files, programme patches or other revisions, as may become available from time to time.

5. Privacy: It is the client's responsibility to ensure that all applicable civil liberty legislation and personal privacy safeguards are complied with when using software supplied by Apple Crumble, both those enshrined in UK and EU law, and those included in any telecoms service contracts entered into by the Client.

6. Payment: All prices, rates and costs quoted or charged are subject to VAT at the prevailing rate and unless otherwise stated as firm for a specific period, may be varied without notice. Payment shall be made on the date of completion or delivery or by express written agreement between Apple Crumble and the client not later than 30 days following the date of completion. In the event of late payment interest will accrue at the prevailing London Clearing Bank base rate plus two percent.

7. Delivery: The dates for delivery of goods, materials or execution of activities mentioned in any quotation or acknowledgement of orders are approximate only. Delivery may be made in whole or in part at the option of Apple Crumble, and where delivered by instalments shall be invoiced separately and seen as separate contracts. If, in the case of the contract or any order involving more than one delivery, default is made in payment on the due date, Apple Crumble shall have the right to suspend any further deliveries or activities pending payment, or to terminate the contract in its entirety.

8. Copyright: Copyright of all material originated by Apple Crumble, either in the form of pre-contract documentation or as text, images, research papers or electronically stored code for the manipulation, transmission and presentation of information, remains vested in Apple Crumble. By separate negotiation and upon payment in full, copyright may be assigned or licensed to the client.

9. Ownership of Goods: Title to the goods shall only pass to the client upon payment in full of all sums owing or due to Apple Crumble whether under contract or otherwise. Until such payments are received, the client shall store and maintain the goods in their original condition as supplied and in such a manner clearly identifying them as the property of Apple Crumble.

10. Risk: Risk in the goods or material passes upon delivery to the client's premises. Where material is transmitted electronically, risk will be deemed to have passed to the client, upon the moment of transmission - not of receipt.

11. Indemnity: The client will indemnify Apple Crumble, its staff, contractors and agents for any loss or damage suffered or incurred as a result of failure to obtain any necessary license or consent to enter any premises, or premises being unsafe or unsuitable, or any failure of the client to comply with any conditions imposed by any other party.

12. Liability: Apple Crumble and it's staff, contractors or agents or any of them shall not be liable for any direct or consequential loss, damage, expense or injury arising from the execution of the contract or for the failure or any defect in the goods supplied beyond the terms and conditions of the relevant manufacturers warranty where applicable and any such claims are limited to the relevant value of the goods or service contract as charged.

13. Warranty: Apple Crumble warrants all new goods supplied, limited to the stated period of the respective manufacturers terms and conditions of warranty and are not liable for the costs and consequences of any mis-configuration, misuse or defects.

14. Force Majeure: Apple Crumble shall not be liable to the client for any loss or damage which may be suffered by the client as a result of the delivery of goods, materials or the execution of a contract being delayed prevented hindered or made uneconomic by reason or circumstances or events beyond Apple Crumble control including, but not limited to:

1. Act of God, or riot, strike, lock-out, trade dispute, labour disturbance, restriction or ban on overtime, accident, fire, flood or storm difficulty or increased expense or

2. Failure by the client to give adequate instructions or supply the necessary information in due time or

3. Failure by any third-party to carry out their part of the work or otherwise perform their obligations when required.

15. Claims: All claims in respect of material, goods or non-execution of the Contract must be made in writing and received by Apple Crumble no later than fourteen (14) days of the date of delivery to the client, the client's premises or in the case of electronic transmission, from the date of transmission (proof of transmission does not imply proof of receipt).

16. Waiver: Any waiver by Apple Crumble of any breach of any term of these Terms and Conditions shall be valid only if given in writing.

17. Severance: Apple Crumble and the client believe that these Terms and Conditions are reasonable. If any provision shall be held to be contrary to applicable law, such provision shall be severed from the remainder, and the remainder shall continue in full force and effect.

18. Notices: Any notice hereunder shall be deemed to have been duly given if sent pre-paid first class post or fax to the party concerned at the address specified.

19. Law: All contracts to which these Terms and Conditions apply shall be governed and construed in accordance with the laws of England, and the parties hereby submit to the jurisdiction of the courts of England.

20. Omissions: Any omission or failure by Apple Crumble to act on any breach of the above terms and conditions immediately does not imply a waiver of their right to do so.