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Purchaser
Pixel ITT’s Terms and Conditions of Business:
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Notwithstanding delivery of the goods to the purchaser,
until the purchaser has effected full payment for the goods and
any other goods previously supplied by Pixel ITT, the legal
title to the goods remains with Pixel ITT.
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Payment is required at time of service. Where services
are provided remotely, payment is due within 7 days.
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Where Pixel ITT provides goods from another supplier that
are covered by warranties or guarantees by that other supplier,
Pixel ITT, at its sole discretion, may endeavour to have that
other supplier honour those warranties or guarantees..
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Pixel ITT does not manufacture hardware products or
compile programs for the software we supply. However Pixel ITT
will provide any current information, on request, which is
available from our suppliers.
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Pixel ITT customers are advised that their images in file
format are easily copied, and may be easily manipulated.
Customers must ensure the security of their file(s) by keeping
them in a safe place once they have been transferred to their
own computer system. Pixel ITT does not retain any copies of
customers’ files without their written consent.
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Pixel ITT does not and cannot warrant or represent that
any files and software supplied to the purchaser are error or
virus free and the purchaser should ensure that the purchaser’s
computers and systems are error and virus free and are protected
by appropriate up-to-date virus protection software. Pixel
ITT cannot accept liability and is not responsible for any loss
or damage the purchaser may experience as a result of receiving
any files or software including any loss or damage relating to
any computer and/or software problem.
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Before installing any new files and software, purchasers are strongly advised to use an appropriate backup system to backup all data and applications stored on their computers and servers and to verify that the backup is operational. Any failure to do this or to otherwise implement a complete backup of the purchaser’s data and applications may put that data and those applications at risk
to damage, loss, corruption or destruction. Pixel ITT shall not be liable for any loss or damage in any way or manner resulting from a purchaser’s failure to take appropriate backup steps prior to installing new software or having new software installed. It is a precondition to Pixel ITT providing any new files and software that the purchaser is responsible for backing up all of their own data and applications prior to installation and also for verifying that the backup is operational. Any failure by the purchaser in that regard shall be at the purchaser’s sole risk.
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Pixel ITT makes no warranty or representation in relation to any files and software it provides from another supplier and the purchaser acknowledges that any use by the purchaser of any such files and software will be at the purchaser’s sole risk.
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Pixel ITT shall not be liable for any failure in the operation of any files and software it provides resulting from:
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operation of the files or software in a manner other than as specified in the documentation relating to the files or software;
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modification, revision, variation, translation or alteration of the files or software;
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operator errors;
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incorrect use of the files or software;
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equipment fault; or
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faults not associated with the files or software.
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The law implies terms, conditions and warranties
(“prescribed terms”) into contracts for the supply of goods and
services and prohibits the exclusion, restriction or
modification of certain terms, conditions and warranties. Some
prescribed terms permit a supplier to limit its liability for a
breach of the prescribed terms. Except as provided by prescribed
terms:
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the liability of Pixel ITT in respect of a breach of a
prescribed term relating to the goods or services or any
part of the goods or services is limited at the option of Pixel
ITT to the replacement or re-supply of the goods or services or
part thereof or payment of the cost of replacing or re-supplying
the goods or services or any part of the goods or services;
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in these terms and conditions the purchaser does not have
under any circumstances any cause of action against or right to
claim or recover from Pixel ITT for, or in respect of, any loss
or damage of any kind whatsoever, caused directly or indirectly
by:
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any defect in material or workmanship of, or any other
defect whatsoever in, or unsuitability for, any purpose of the
goods or services or any part of the goods or services; or
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any default or negligence on the part of Pixel ITT or of
any employee, contractor or agent of Pixel ITT or of any person
for whom Pixel ITT has legal responsibility relating to the
supply of, or otherwise concerning the goods or services or any
part of the goods or services.
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The goods and services supplied by Pixel ITT to the
purchaser are supplied subject to these terms and conditions
(which shall only be waived in writing signed by Pixel ITT) and
these terms and conditions shall prevail over all conditions of
the purchaser’s order to the extent of any inconsistency.
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If any part of these terms is invalid or unenforceable, these terms do not include it. The remainder of these terms continue in full force.
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