Terms and Conditions
These terms and conditions govern your use
of our website. Please read these terms in full before you use this website. If
you do not accept these terms and conditions, please do not use this website.
Your continued use of this website confirms your acceptance of these terms.
Definitions
1.1 Contract means any agreement between
EESOURCE and the Buyer for the supply of Goods, which expressly or by
implication incorporates these Terms and Conditions.
1.2 Buyer means any person who places an
Order with EESOURCE.
1.3 Delivery Address means the address as
the point of delivery as notified by EESOURCE to the Buyer.
1.4 Delivery Date means the delivery date
as notified by EESOURCE to the Buyer.
1.5 Goods mean any goods of a type described
in product lists made available to potential Customers.
1.6 Order means an order given by the Buyer
to EESOURCE for the supply of goods.
1.7 Order Acknowledgement means the Order
Acknowledgement raised by EESOURCE confirming price, payment and delivery details.
1.8 Invoice means the Invoice raised by
EESOURCE and issued to the Buyer.
1.9 Price means the price for the goods as
stated in the Invoice, excluding VAT.
1.10 EESOURCE
means EESource Corp., a company registered in Taiwan
whose registered office is at: 13F, #190, Sec. 2, Zhongxing Rd., Xindian Dist., New Taipei City 231, Taiwan
Shipping Charges
2.1 Each quotation shall be deemed to be an
offer by EESOURCE to supply Goods on these Conditions and if the Buyer shall
place an Order for Goods with prior notice of these Conditions such Order shall
be deemed to be an acceptance by the Buyer of these Conditions.
2.2 If the Buyer shall purport to Order
Goods from EESOURCE in terms which seek to vary these Conditions, EESOURCE
shall not be bound to supply Goods on such varied terms unless and until
EESOURCE shall explicitly and in writing accept such varied terms.
2.3 No variation of these Conditions
(including any special terms and conditions agreed between the Buyer and
EESOURCE) shall have any effect unless agreed in writing by EESOURCE.
Price and Payment
3.1 Prices will be ex-works, delivery
charges will be shown as a separate item on the Invoice.
3.2 Value Added Tax will be charged at the
rate appropriate at the date of the Invoice.
3.3 Payment of the full Invoice value must
be made within the period stated on the Order Acknowledgement. The contents of
the invoice, including, inter alia, the price shall, in the absence of a
manifest error, be deemed to have been accepted by the Buyer unless the Buyer
has notified EESOURCE in writing within 3 working days from the date of the
Invoice that such contents are disputed. Unless otherwise agreed, payment must
be made in pounds sterling, without set-off, deduction or withholding. Interest
on the overdue balance of any Invoice shall accrue on a daily basis from the
date when payment becomes due at a rate of 2% per annum above the National
Westminster Bank base rate or 15% per annum, whichever is greater.
3.4 EESOURCE shall be entitled to charge
Twenty Pounds for all cheques returned or dishonored by its bank.
3.5 Prices quoted on any price list are
only for guidance and are subject to change without prior notice.
3.6 All specifications, descriptions,
catalogues, price lists and other technical information are given as accurately
as possible, and are only as a guide. The seller may
further alter the goods to introduce improvement. The seller will accept no
liability for the accuracy.
3.7 If the goods are not available at any
time, the seller shall not be liable to any contract. Due to any shortages, the
seller shall be at liberty to deliver any goods in instalments, and delivery
shall be deemed to be a separate contract. EESOURCE will not be held liable for
any of the instalments of the delivery charges when those instalments occur due
to stock shortage.
Delivery
4.1 Delivery will be affected at the
Delivery Address.
4.2 The delivery date is approximate only
and not of any contractual effect. While EESOURCE will use all reasonable
endeavors to meet the Delivery Date, it will not be liable for any loss or
damage incurred by the buyer as a result of any failure to deliver on such
particular date.
4.3 The buyer shall inspect the Goods on
delivery and shall, within 3 working days of delivery, notify EESOURCE of any
alleged shortage in quantity, damage, or failure to comply with the
description. If the Buyer fails to notify EESOURCE within such time, the Goods
shall be conclusively presumed to be in accordance with the Contract.
4.4 The customer will accept the Goods
during normal business hours unless otherwise agreed in writing and will pay
any additional charges caused by failure to do so.
4.5 The customer may only refuse to accept
delivery of the goods by reason of obvious transit damage. In all other cases
of refusal or wrongful rejection of the Goods, the customer shall be liable for
all appropriate charges, but this shall be without prejudice to EESOURCE's
claim for loss or damage suffered thereby, and the customer agrees to indemnify
EESOURCE in full against all such losses, including loss of profit, costs, and
other damages. Any damages incurred during transit must be signed for in the
delivery note.
Guarantee and Procedure for Return of
Defective Goods
5.1 EESOURCE Computers Ltd warrants that
all goods shall be free of defects and in good working order. The period of
such warranty is 12 months return to base. Certain products might come with an
extended warranty, which is offered by the manufacturer and not from EESOURCE.
If during the period of any part of a consignment of Goods shall prove to be
defective and if the Buyer shall have complied in all material respects with
the Procedure for Return of Goods set out in Condition 5.3 below, EESOURCE will
repair or replace the defective items, but it shall be for EESOURCE, in its
absolute discretion, to decide whether to repair the defective items or replace
them.
5.2 For the avoidance of doubt, EESOURCE
shall not be liable to repair or replace the Goods until it has had an
opportunity to examine them and, under no circumstances, will EESOURCE send
replacement Goods until the alleged defective Goods have been returned to EESOURCE.
5.3 The Procedure for Return of Defective
Goods is as follows:
5.3.1 If any Goods are or become defective within the Buyer
will obtain a Return of Merchandise Authority (RMA) form from EESOURCE.
5.3.2 EESOURCE will issue an RMA number
after receipt from the Buyer of a duly completed RMA form along with copies of
relevant invoices and delivery notes.
5.3.3 The Buyer shall return the defective
Goods in secure packaging and shall mark the RMA number clearly on the package
and shall return the defective Goods within seven working days of issue of the
RMA number.
5.3.4 Goods are returned to EESOURCE at the
risk of the Buyer and at their cost.
5.3.5 If the wrong items are returned,
EESOURCE will not send those items back. Collection must be arranged by the Buyer.
This must be done within a period of one month starting from the date the wrong
goods had been returned. After that time, the items will be disposed of.
Limitations and Exclusions of EESOURCE's
Contractual Liability
6.1 EESOURCE's obligations are to supply
Goods of the quality and description agreed between the parties and to repair
or replace Goods which are either properly rejected as defective or which
become defective during the Guarantee Period, but these obligations are subject
to the following limitations and exclusions.
6.2 EESOURCE has no obligation to repair or
replace Goods which are accepted by the Buyer but subsequently become defective
unless the Buyer shall comply in all material respects with the terms of the
guarantee contained in Condition 5.
6.3 All implied warranties and conditions
(whether implied by statute or otherwise) are excluded to the extent that such
exclusion is lawful.
6.4 Under no circumstances shall the
liability of EESOURCE under each contract exceed the Price, and EESOURCE shall
be under no liability whatsoever to the Buyer for any indirect loss and/or
expense (including loss of profit) suffered by the Buyer.
6.5 It is the Buyer's responsibility to
specify correctly the Goods required, and if any Goods supplied shall, by
reason only of their specification, be unsuitable for the purpose for which
they have been supplied, EESOURCE shall be under no liability whatsoever to the
Buyer for the consequences of such unsuitability unless EESOURCE shall have
supplied Goods of a specification different from that specified by the Buyer in
his Order.
6.6 The guarantee given by Condition 5
shall not be valid if the Goods are damaged in consequence of any act or
neglect of the Buyer and, in particular, of any mishandling or careless installation.
Website Access
7.1 It is not necessary to register with us
in order to use most parts of this website. However, particular areas of this
website will only be accessible if you have registered.
Use of Website
7.2 This website may be used for your own
private purposes and in accordance with these terms and conditions.
7.3 You may print and download material
from this website provided that you do not modify or reproduce any content
without our prior written consent.
Website Uptime
7.4 All reasonable measures are taken by us
to ensure that this website is operational all day, every day. However,
occasionally technical issues may result in some downtime, and accordingly, we
will not be liable if this website is unavailable at any time.
7.5 Where possible, we always try to give
advance warning of maintenance issues that may result in website downtime, but
we shall not be obliged to provide such notice.
Visitor Provided Material
7.6 Any material that a visitor to this
website sends or posts to this website shall be considered non-proprietary and
non-confidential. We shall be entitled to copy, disclose, distribute, or use
for such other purposes as we deem appropriate all material provided to us,
with the exception of personal information, the use of which is covered under
our Privacy Policy.
7.7 When using this website, you shall not
post or send to or from this website any material:
(a) for which you have not obtained all
necessary consents;
(b) that is discriminatory, obscene,
pornographic, defamatory, liable to incite racial hatred, in breach of
confidentiality or privacy, which may cause annoyance or inconvenience to
others, which encourages or constitutes conduct that would be deemed a criminal
offense, give rise to a civil liability, or otherwise is contrary to the law in
the United Kingdom;
(c) which is harmful in nature including,
and without limitation, computer viruses, Trojan horses, corrupted data, or
other potentially harmful software or data.
7.8 We will fully co-operate with any law
enforcement authorities or court orders requiring us to disclose the identity
or other details of any person posting material to this website in breach of
Paragraph 7.7.
Links To and From Other Websites
7.9 Throughout this website, you may find
links to third-party websites. The provision of a link to such a website does
not mean that we endorse that website. If you visit any website via a link on
this website, you do so at your own risk.
7.10 Any party wishing to link to this
website is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are
endorsing the services or products of another party unless this has been agreed
with us in writing.
(b) you do not misrepresent your
relationship with this website; and
(c) the website from which you link to this
website does not contain offensive or otherwise controversial content or
content that infringes any intellectual property rights or other rights of a
third party.
7.11 By linking to this website in breach
of clause 7.10, you shall indemnify us for any loss or damage suffered by this
website as a result of such linking.
Disclaimer
7.12 Whilst we do take all reasonable steps
to make sure that the information on this website is up to date and accurate at
all times, we do not guarantee that all material is accurate and/or up to date.
7.13 All material contained on this website
is provided without any warranty of any kind. You use the material on this website
at your own discretion.
Exclusion of Liability
7.14 We do not accept liability for any
loss or damage that you suffer as a result of using this website.
7.15 Nothing in these terms and conditions
shall exclude or limit liability for death or personal injury caused by
negligence which cannot be excluded under the law of the United Kingdom.
Cancellations, Returns, and Refunds
7.18 All customers have the right to cancel
their order under the Consumer Contracts (Information, Cancellation &
Additional Charges) Regulations.
7.19 Your right to cancel an order for
goods starts the moment you place your order and ends 14 days from the day you
receive your goods.
7.20 To meet the cancellation deadline,
please notify us via email or phone about canceling the order before the
cancellation period has expired.
7.21 If you are in possession of the goods,
you are under the duty to retain them and take reasonable care of them. You
must send the goods back to us at our contact address at your own cost (unless
we delivered the item to you in error or the item is
damaged or defective) as soon as possible once you have canceled the order.
7.22 We reserve the right to make a charge
not exceeding our direct costs of recovering the goods if you do not return the
goods or return them at our expense.
7.23 Once you have notified us that you
wish to cancel the order, any sum debited to us will be refunded to you as soon
as possible and in any event within 14 days of your cancellation.
7.24 You will not have any right to cancel
an order for the supply of any of the following goods:
(a) medicinal products or services that are
either dispensed on prescription or are available free under an NHS arrangement;
(b) a contract for passenger transport
services - such as bus, rail, or flight tickets;
(c) the supply of goods or services where
prices are dependent upon fluctuations in the financial markets, which are
beyond the control of the retailer;
(d) the supply of goods that are made to
the customer's specification or are clearly personalized;
(e) the supply of goods that are liable to
deteriorate or expire rapidly - such as a delivery of fresh flowers or meat;
(f) the supply of newspapers, periodicals,
or magazines;
(g) the supply of accommodation, transport
of goods, vehicle rental services, catering, or services related to leisure
activities if the contract provides for a specific date or period of
performance - for example, hotel bookings, courier services, car hire,
restaurant bookings, and theatre tickets for specific dates.
7.25 In addition, you will lose your right
to cancel if you:
(a) unseal goods that are not suitable for
return if they are unsealed, due to health protection or hygiene reasons;
(b) unseal audio, video recordings, or
computer software that were sealed at the time of delivery;
(c) combine goods with other goods after
delivery so that they become inseparable.
7.26 All
of inventory of the Products will remain the property of EESOURCE and EESOURCE has
the right to repossess such Products and/or resell such Products to third
parties.
Law and Jurisdiction
If an
international company is based in Taiwan, it typically chooses the governing
law and jurisdiction based on various factors, such as its business model,
international presence, customer base, and legal requirements. Common options
include:
8.1
Taiwan: Many companies based in Taiwan would naturally specify Taiwanese
land jurisdiction in their contracts and terms, ensuring alignment with local
regulations.
8.2
Neutral Jurisdiction: Some international companies opt for a neutral
jurisdiction with well-established commercial laws, such as Singapore, the
United Kingdom, or Switzerland, especially for cross-border transactions.
8.3
Local Jurisdiction: Companies may also choose the jurisdiction most
relevant to the customer or contract, such as the country where the goods are
delivered, or services are provided.
8.4
Ultimately, the decision depends on what provides the company and its
stakeholders the best balance of predictability, fairness, and convenience.