Terms and Conditions

THESE TERMS AND CONDITIONS APPLY TO ALL ORDERS PLACED ON THE PROBSOLVEXPRESS.COM WEBSITE.

THESE TERMS AND CONDITIONS WERE LAST UPDATED IN MAY 2008.

By placing an order with probsolvexpress.com, you are accepting these terms and conditions. Probsolvexpress.com is a division of Prob-Solve Solutions Ltd.

Contents

1. Definitions and Interpretations
2. Ordering
3. Pricing
4. Payment
5. Delivery
6. Product Specifications
7. Warranties & Returns
8. Prob-Solve Xpress Liabilities
9. Risk & Title
10. Trade names & Trade Marks
11. Health & Safety
12. Force Majeure
13. The Consumer Protection (Distance Selling) Regulations 2000
14. Errors & Omissions
15. Obligations of Administrators
16. Obligations of the Customer
17. Obligations of Users
18. Security & Login
19. Right to Use
20. Privacy Policy
21. Changes to the content within Website

1. Definitions and Interpretations

“Business Customer” means a customer who is not a Consumer

“Consumer” means an individual who is not acting for the purpose of his or her business or profession.

“Probsolvexpress.com” is a division of Prob-Solve Solutions Limited also referred to as "we", "us" or the “company” in these terms and conditions

Force Majeure" means any cause affecting the performance by probsolvexpress.com of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.

Our “Normal Working Hours” means 9 am to 5 pm on a Working Day.

"Working days" means Monday to Friday, excluding Bank or other Public holidays.

Please note special terms apply to Consumers, which prevail over the other provisions of these terms and conditions. Customers who are Consumers are referred to Clause 15.

“Contract” means any contract between the company and the customer for the supply of Goods.

“Goods” means any goods or materials which the company agrees to supply the Customer.

“Delivery Address” means the address within the United Kingdom for the delivery of Goods as specified by the customer to the probsolvexpress.com website.

“Privacy and Security Policy” means privacy and security policy which is published on the Company's website, as may be amended by us from time-to-time.

2. Ordering

All contracts of sale made by the Company shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the Customer. Cancellation of orders by business to business customers is not accepted as many orders are dispatched on the same day the order is placed. Cancellation of orders by Consumers will be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000. Nothing in these terms and conditions is intended to impinge upon a Consumer's statutory or contractual rights to reject faulty goods.

All orders are subject to acceptance and to availability of the goods ordered: probsolvexpress.com is entitled to refuse any order placed by you. Also providing,

a) all details given to us by consumer/customer for the purpose of purchasing goods or services offered on our web site are correct, and

b) the credit or debit card used to make a purchase from us is the customer's own card or their company's card, that they are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services being purchased from us. We reserve the right to obtain validation of the credit or debit card details before providing any goods or services

3. Pricing

All Goods are subject to availability and all prices are subject to alteration. Should the Company be unable to fulfill an order for any reason, a full refund shall be given to the Customer. The refund shall be made back to the Customer's credit or debit card, cheque or Business Credit Account as appropriate.

The Company reserves the right to change prices from time to time.

All prices advertised on probsolvexpress.com are subject to VAT. All payments shall be made in Sterling and a delivery charge shall be applied.

4. Payment

Payments are accepted by credit and debit card. Payments via this method will be made from Customers without a Business Credit Account. Payment made by cash, cheque, Visa, Visa Debit, Visa Electron, Maestro, Solo, MasterCard and Google Checkout will be taken upfront.

Under the Late Payment of Commercial Debts Regulations 2002 the Company reserves the right to exercise its statutory right to charge interest and an administration charge on all invoices which are overdue by the Customer.

Where a Customer has been granted a Business Credit Account, payment is required in full within 15 days of delivery of the Goods.

5. Delivery

The Company shall use reasonable endeavours to despatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay. A customer who is a Consumer shall be entitled to cancel an order when advised of a delay if the revised delivery date is not acceptable.

In the case of a Business Customer, where the Company is unable to deliver the goods within 30 days of the agreed delivery date, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to the Company in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to probsolvexpress.com after the above date but before delivery of the goods or notification from the Company that the goods are ready for delivery. This Clause is not applicable to Consumers.

Orders placed before 3pm on a working day (excluding weekend, bank holiday and public holiday) will be processed that day and will be delivered next day for in-stock items, or as indicated at the ordering stage.

For all delivery queries please do contact the customer services department

For orders placed on the Prob-Solve Xpress website to UK destinations, the Company shall charge £6.95 ex vat per order.

6. Product Specifications

The Company makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer.

Should the Company be unable to supply the goods ordered by the customer, probsolvexpress.com reserves the right to offer goods of equal or superior quality at no additional cost. In these instances, if the Customer wishes not to accept the alternative goods offered, they may cancel the order and require the refund of any money paid to Prob-Solve Xpress in relation to that specific order, including all delivery charges.

7. Warranties & Returns

All Customers who are Consumers should refer to clause 14 for information on returns.

Probsolvexpress.com is committed to providing the highest quality service and products. However with instances where products are found to be faulty or defective then Customers are able to return the goods for a replacement. See our Returns Policy below.

All goods supplied by probsolvexpress.com carry a minimum of 12 months warranty, which is also applicable to all refurbished, remanufactured or used goods. The length of manufacturer's warranty can be as long as 5 years and details on the warranty should be stated within the manufacturer's documentation.

Subject to the right of Consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000 (refer to Clause 14), the Company does not sell Goods to Customers on a trial basis. Customers are strongly advised to check suitability and specifications of products before placing orders. In some cases, Customers may benefit from special bid price discounts issued by a manufacturer specifically for their benefit. Such goods are not returnable to the manufacturer and may not be resold to other Customers. Accordingly, orders for such goods cannot be cancelled and probsolvexpress.com can only return or repair Goods where they are faulty and the Goods are returned for repair or replacement.

In the event that probsolvexpress.com, at its discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply, refer to Clause 14), agrees to accept the return for credit of unwanted products, the goods must be returned with prior written agreement from the Company within 7 days of delivery. The goods must be unopened, with the manufacturer's seals intact and in perfect re-saleable condition All goods returned in these circumstances (except where the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 13) will be subject to a 25% re-stocking fee of probsolvexpress.com's sale price for the goods, or £50, whichever is the greater The customer must ensure that the product(s) have purchased are to the required specification prior to breaking the manufacturers seals. This will avoid disappointment and the product(s) being rejected, should the goods have to be returned.

No Goods which are delivered in accordance with the contract can be cancelled or returned without prior written approval of the Company and on terms to be determined at the absolute discretion of the Company.

Probsolvexpress.com's Customer Services staff, will advise the customer of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will either arrange a courier collection, or request that you return the product directly to us. If the goods are found on inspection to be defective, the cost of returning the item will be refunded to you. For returning of Goods an RMA number must have been provided by the Customer Service team and the RMA documentation must be attached to the outer packaging. Please deliver returns to:

Customer Returns,
Probsolvexpress.com,
Enterprise House,
Dunkirk Business Park,
Southwick,
Trowbridge,
Wiltshire,
BA14 9NL

To contact the Customer Services department use our contact form Customer Services. Goods returned without an RMA shall not be accepted. Please write the RMA number on the address label provided with the RMA and attach it to the returned package. Any defacement of the manufacturers packaging or damage cause by inadequate packaging may result in the rejection of the return or an additional restocking fee, at probsolvexpress.com's sole discretion.

Prob-Solve Xpress shall not charge for returns where Goods are faulty or damaged, providing that the fault is reported to Customer Services within 14 days of delivery. Where the Company has arranged for a courier to collect the Goods, we are unable to specify the collection time and it is the Customer's responsibility to ensure someone is present at the collection address when the courier arrives.

The Company cannot accept liability for packages damaged during transit. It is the Customer's responsibility to wrap the product adequately to prevent damage and we advise that all Customers arrange for appropriate insurance when returning goods.

All returned goods (except those returned under clause 14) must be accompanied by an approved probsolvexpress.com's Returns Material Authorisation number (RMA Number) which can be obtained by contacting the

Proof of postage is not proof of delivery and therefore the customer should be strongly advised to send their package by Recorded Delivery, Registered Post, or courier, and to insure the goods for their full value.

On receipt of the goods, we shall test to determine the fault notified to us.

If following the testing process, the product is found to be in good working order and without defect, we will return the goods to the customer and the carriage costs of this return will be their responsibility.

8. probsolvexpress liabilities

The Company or any other party (whether involved in creating, producing, maintaining or delivering this Website) and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss, damage, or any loss of income, profits, goodwill, data, contract, loss of money arising from or in connection to any business interruption, and whether in tort (including without limitation negligence, contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such Websites, including, but not limited to, loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the probsolvexpress.com Website or your downloading of any material from this Website or any Website linked to this Website.

Nothing in this agreement  shall limit the Company's liability for death or personal injury caused by its negligence.

9. Risk & Title

Title in the goods does not pass to the Customer until payment is received in full by the Company.

The Customer may request a Proof of Delivery for all orders supplied by probsolvexpress.com, provided that this request is made in writing within 3 months of the date of delivery and that the Company shall use reasonable endeavours to provide such evidence. Thereafter, delivery shall be deemed to have been successfully completed.

In the case of Business Customers, the Company does not accept liability for shortages or damage to deliveries unless the Customer notifies us accordingly in writing within 48 hours of receipt of the Goods. Consumers should notify shortages or damage within a reasonable period of becoming aware.

All Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.

If the Customer does not accept delivery, probsolvexpress.com is entitled to do 1 or all of the following: store and insure the Goods at the Customer's expense and risk, sell the goods at the best market price and after deducting all storage costs, insurance and costs of selling, pay to the Customer any excess over the sale price or charge the Customer for any shortfall, re-arrange delivery provided that probsolvexpress.com may charge the Customer for the additional delivery costs incurred.

10. Trade names & Trade Marks

10.1 Probsolvexpress.com and the Business Customer/Consumer acknowledge the intellectual property rights of suppliers and manufacturers of the products appearing on probsolvexpress.com's sales literature and on the Company website.

11. Health & Safety

11.1 Probsolvexpress.com confirms that the goods it supplies as a

supplier do not present a hazard to health and safety.

12. Force Majeure

12.1 Probsolvexpress.com shall not be liable to the Customer/Consumer or be deemed to be in breach of the contract by reason

12.2 of any delay in performing or any failure to perform any of Company's obligations in respect of the Goods, if the delay or failure was due to any cause beyond probsolvexpress.com's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond probsolvexpress.com's reasonable control:

a) act of God, explosion, flood, tempest, fire or accident

b) war, threat of war, sabotage, insurrection, civil disturbance or requisition;

c) import or export regulations or embargoes;

d) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

e) power failure or breakdown in machinery

f) strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party);

g) difficulty in obtaining materials, labour or machinery

13. The Consumer Protection (Distance Selling) Regulations 2000

13.1 Contracts for the purchase of goods by a Customer not acting on behalf of, or as part of a business and made over the telephone or via probsolvexpress.com website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 ('the Regulations').

13.2 The notice of cancellation must be delivered within 7 working days of the day after date of delivery of the goods.

13.3 Where Regulations apply, Customers are entitled to cancel goods purchased from probsolvexpress.com by sending a written notice of cancellation by post or hand delivery addressed to the Customer Services at Customers Services, Prob-Solve Xpress, Enterprise House, 10 Dunkirk Business Park, Southwick, Trowbridge, Wiltshire, BA14 9NL or by contacting Customer Services

13.4 As stated in the probsolvexpress.com returns policy, the Customer will be responsible for the cost of returning the goods if they exercise their right of cancellation under the Regulations. If the Customer does not actually return the goods to probsolvexpress.com, the Customer is under a duty to make the goods available for collection at the Customer's expense from the address to which they were delivered. We advise that Customers arrange appropriate insurance when returning goods.

13.5 The Customer is responsible for the goods whilst awaiting return to probsolvexpress.com and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if they fail to comply with this obligation.

13.6 This statutory right applies to all of our products except for software items where the item has been downloaded. We also regret that we cannot accept cancellations of contracts for the purchase of software products where the product box has been opened.

14. Errors & Omissions

14.1 Probsolvexpress.com makes every effort to ensure that all prices and descriptions quoted in its catalogue and on its website are correct and accurate. However, from time to time mistakes will occur. In the case of a manifest error or omission, probsolvexpress.com will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer's order and/or received payment from the Customer. Probsolvexpress.com liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by probsolvexpress.com after the manifest error has been discovered.

14.2 A 'manifest error', as stated above in clause 14.1, this means, in relation to an incorrect price, a price quoted in error by Prob-Solve Xpress which is more than 10% less than the price that would have been quoted had the mistake not been made.

15. Obligations of Administrators

The Administrator is obliged to carry out the approval and access level setting of new and existing Users.

The Administrator shall be the person responsible for the use of the probsolvexpress.com site on behalf of the Customer.

The Administrator shall ensure all Company details held on probsolvexpress.com are up to date, including: delivery address, invoice address, company status and relevant company contacts.

16. Obligations of the Customer

The Customer will appoint a Administrator for the probsolvexpress.com site and shall indicate within the credit application form and/or online registration.

The Customer can change the Administrator at any time by giving written confirmation to Prob-Solve Xpress

The Customer shall take all reasonable steps to ensure the safeguard of the Administrator and users login and password details for the probsolvexpress.com site.

17. Obligations of the User

The User must only use the probsolvexpress.com site for the purpose of the Customer.

The User is responsible for the safeguard of their login and password and must not pass details to third parties.

Should the User cease working for the Customer, the user shall cease using any details supplied in accessing the Customer's online account with probsolvexpress.com

18. Security & Login

The Customer, the Administrator and the User are all responsible for ensuring the supplied login information remain confidential at all times.

19. Right to Use

Prob-Solve Xpress provide Customers with a right to use the probsolvexpress.com site.

Customer are permitted to print and download extracts from the website for their own use on the following basis:

a) no documents or related graphics on the website are modified in any way

b) no graphics on this website are used separately from accompanying text; and

c) any of our copyright and trademarks appear in other publications, websites or marketing materials.

20. Privacy & Security Policy

The Prob-Solve Xpress Privacy & Security Policy can be found online at www.probsolvexpress.com . Customers can also contact Customer Services to obtain a hard copy. The privacy & security policy forms part of these terms and conditions.

21. Changes to the content within Website

The Company may change its terms and conditions of sale, returns policy, privacy and security policy and all change shall be posted onto the probsolvexpress.com website. We advise all Customers to check our terms and conditions of sale from time to time.

The Company may change the contents of the website from time to time

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