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Terms and Conditions of Sale

THESE TERMS AND CONDITIONS APPLY TO ALL PURCHASES OF PRODUCTS OR SERVICES FROM THIS SITE. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES. NOTHING WITHIN THESE TERMS & CONDITIONS AFFECTS YOUR STATUTORY RIGHTS.

This Office Technology Corporation website located at URL www.otcorp.co.uk (this "Site") is owned and operated by Office Technology Corporation Ltd, Hillcrest Avenue, Carlisle, Cumbria, CA1 2QJ with Company Registration Number 3904007 ("Office Technology Corporation" or "Us") and may be used to sell you products by various manufacturers.
If you have any comments or complaints regarding our services, you can contact Office Technology Corporation:
- by email at info@otcorp.co.uk or
- by post at Office Technology Corporation Ltd, Hillcrest Avenue, Carlisle, Cumbria, CA1 2QJ

1. GENERAL PROVISIONS 
These General Terms and Conditions shall apply as between Office Technology Corporation and you (the "Customer" or "You") for the use of this Site and the purchase of products by the Customer through this Site. Office Technology Corporation shall not be bound by any conflicting terms and conditions You may use unless expressly accepted by Office Technology Corporation in writing. By accessing the Site and/or placing an order, You agree to be bound by these General Terms and Conditions. These General Terms and Conditions constitute the entire agreement between Office Technology Corporation and Customer as to their subject matter; they supersede and replace all prior and contemporaneous oral and written agreements

2. OFFER, ACKNOWLEDGMENT AND ACCEPTANCE, AND PAYMENT 
2.1 Offers published by Office Technology Corporation on this Site are non-binding invitations to the Customer to order products. Any prices, quotations and descriptions made or referred to on this Site are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to Office Technology Corporation's express acceptance of your order (as described below). Promotional offers and prices are for a limited time.
2.2 While Office Technology Corporation makes every effort to ensure that items appearing on the Site are available, Office Technology Corporation cannot guarantee that all items are in stock or immediately available when You submit your order. Office Technology Corporation may cancel or reject your order (without liability) if Office Technology Corporation is unable to process or fulfill it. Office Technology Corporation will refund any prior payment that You have made for that item.
2.3 An order submitted by You constitutes an offer by You to us to purchase products or services on these General Terms and Conditions and is subject to Office Technology Corporation's subsequent acceptance.
2.4 Prior to such acceptance, an automatic e-mail acknowledgement of your order will be generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance of your order. 
2.5 Our acceptance of your order takes effect and the contract is concluded at the point where such offer is either expressly accepted by us in form of an e-mail message or accepted by shipping all or part of your order/commencing services ("Acceptance").
2.6 We may keep records of orders received, acknowledgements, acceptances and other contract records for a reasonable period after Acceptance. We may be able to provide You with copies on written request; however You must make sure You print a copy of all such documents and these Conditions for your own records.
2.7 The total invoice amount is due from the invoice date. Payment for the products will be made by credit card. Office Technology Corporation may invoice parts of an order separately. Office Technology Corporation's standard pricing policy for Office Technology Corporation-branded products applies to all orders. Office Technology Corporation is not responsible for pricing, typographical, or other errors in any offer by Office Technology Corporation and reserves the right to cancel any orders resulting from such errors.

3. YOUR REPRESENTATIONS
3.1 You represent that information provided by You when placing your order is up-to-date materially accurate and is sufficient for Office Technology Corporation to fulfill your order. 
3.2 You are responsible for maintaining and promptly updating your account information with us for accuracy and completeness and keeping such information (and any passwords given to You for the purposes of accessing the Site and/or purchasing products) secure against unauthorised access.
3.3 Unless agreed otherwise or required by applicable law, any warranties provided in relation to products or services only extend to You on the understanding that You are a user and not a reseller of those products or services.
3.4 Unless expressly stated otherwise in writing by Office Technology Corporation, the provisions of these General Terms and Condition are in place of all warranties, representations, conditions, terms, undertakings and obligations which would otherwise be deemed to be, given or incurred by Office Technology Corporation or by a product manufacturer, licensor or supplier whether implied by statute (except as expressly provided for in these General Terms and Conditions), common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded by Office Technology Corporation to the maximum extent permitted by law.

4. DELIVERY, RISK, RESERVATION OF TITLE
4.1 Office Technology Corporation will only ship to locations within the UK. Delivery timescales/dates specified on the Site, in any order acknowledgement, acceptance or elsewhere are estimates only. While Office Technology Corporation endeavors to meet such timescales or dates, Office Technology Corporation does not undertake to dispatch products and/or commence services by a particular date or dates and shall not be liable to You in respect of delays or failure to do so.
4.2 Delivery shall be to a valid address submitted by You and subject to Acceptance ("Delivery Address"). You must check the Delivery Address on any acknowledgement or acceptance Office Technology Corporation provides and notify Office Technology Corporation without delay of errors or omissions. We reserve the right to charge You for any reasonable extra costs which Office Technology Corporation incurs arising from changes You make to the Delivery Address after You submit an order.
4.3 If You refuse or fail to take delivery of products provided in accordance with these General Terms and Conditions, any risk of loss or damage to the products shall nonetheless pass and without prejudice to any other rights or remedies Office Technology Corporation has: Office Technology Corporation shall be entitled to immediate payment in full for the products or services delivered and shall seek to make alternative delivery by whatever means Office Technology Corporation consider appropriate and/or will store products at your risk.
4.4 Where Office Technology Corporation delivers products by installments, any defect in any one or more installments shall not entitle You to repudiate the contract as a whole nor to cancel any subsequent installment.
4.5 Office Technology Corporation reserves title to delivered products until full payment of the purchase price.

5. PRICE 
Prices displayed exclude VAT.
Office Technology Corporation reserves the right to withhold deliveries until full payment in the event of any payment default by You, charge default interest at the legal rate, assess late charges, and recover any other losses resulting from your default.

6. SOFTWARE
6.1 Where any product supplied is or includes software ("Software"), this Software is licensed by us or by the relevant licensor/owner subject to the relevant end-user license agreement or other license terms included with the Software ("License Terms") and/or the product. In addition:
6.1.1 Such Software may not be copied, adapted, translated, made available, distributed, varied, modified, disassembled, decompiled, reverse engineered or combined with any other software, save to the extent that (i) this is permitted in the License Terms, or (ii) applicable law expressly mandates such a right which cannot legally be excluded by contract.
6.1.2 Save to the extent provided for in any applicable License Terms, where any Software is delivered to You in a stand-alone basis (for example on a CD-ROM and not embedded on a product) your rights of return and/or to a refund under section 4 of these General Terms and Conditions and any applicable returns policy do not apply in the event that You open the Software shrink-wrap and/or break the license seal and/or use the Software.
6.1.3 Except to the extent expressly provided by us in writing or under relevant License Terms, Software is provided 'as is' without any warranties, terms or conditions as to quality, fitness for purpose, performance or correspondence with description and Office Technology Corporation does not offer any warranties or guarantees in relation to Software installation, configuration or error/defect correction. You are advised to refer to any License Terms with regards to determining your rights against a manufacturer, licensor or supplier of the Software.

7. WARRANTY 
7.1 The applicable statutory provisions shall apply. 
7.2 If You purchase the products for commercial purposes or as a self-employed person, your warranty rights shall become time-barred 12 months after delivery of the product, except to the extent that such warranty rights cannot be excluded by Office Technology Corporation by law.

8. LIABILITY
8.1 Office Technology Corporation assumes unlimited liability for death or personal injury caused by Office Technology Corporation's negligence, for any liability which arises under section 7 of the Consumer Protection Act 1987 or for any other liability which cannot be excluded by law. 
8.2 Subject to Section 8.1, under no circumstances shall the total aggregate liability of Office Technology Corporation to You (however arising) under or in relation to these General Terms and Conditions, including (but not limited to) liability for breach of contract, misrepresentation (whether tortious or statutory), tort (including but not limited to negligence), breach of statutory duty, exceed the sums paid by You for the affected products and/or services.
8.3 Office Technology Corporation is liable for any negligent loss of data, provided You have taken steps to ensure that such data are backed up at reasonable intervals and can be reconstructed at reasonable expense.
8.4 Subject to section 8.1, Office Technology Corporation shall not be liable to You for any indirect or consequential loss or damage whatsoever, or any loss of profits, business, contracts, anticipated savings, goodwill, or revenue, any wasted expenditure, or any loss or corruption of data (regardless of whether any of these types of loss or damage are direct, indirect or consequential) even if Office Technology Corporation were aware of the possibility that such loss or damage might be incurred by You. 
8.5 Subject to section 8.1, Office Technology Corporation assumes no liability for any damages or losses caused by force majeure or for any delay or breaches caused by circumstances beyond the reasonable control of Office Technology Corporation.

9. PERSONAL INFORMATION AND YOUR PRIVACY
9.1 Office Technology Corporation will observe applicable data protection laws and will not use information that does or can be used to personally identify You other than as set out in this Paragraph 9 as well as in Office Technology Corporation's Privacy Statement ("Privacy Statement"). 
9.2 We will process your Personal Data provided by You in relation to your order to fulfill your order, including processing any payments made by You, and in accordance with Office Technology Corporation´s Privacy Statement. Office Technology Corporation will collect, process and store some or all of the following personal data which You have provided or will provide to Office Technology Corporation in relation to the present Agreement: Customer contact names and corresponding postal addresses, e-mail addresses, telephone numbers, date of birth, payment processing data, etc ( "Personal Data"). 
9.3 Data, including Personal Data, shall be stored in an electronic database maintained on servers in the United Kingdom by Office Technology Corporation Ltd. The Personal Data shall be used by Office Technology Corporation Ltd. exclusively for the purposes of facilitating your order, including processing any payments made by You. 
9.4 For purposes of the credit check and processing any payments made by You Office Technology Corporation may under certain circumstances exchange your Personal Data with service providers, including payment processors. 
9.5 In relation to security of orders that You place with us: Our secure-server software encrypts all your Personal Data including credit or debit card number and name and address. This means that the characters that You enter are converted into pieces of code that are then securely transmitted over the Internet.

10. COPYRIGHT & TRADEMARK NOTICE
10.1 All text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software owned by Office Technology Corporation (and the compilation of such content), is the property of Office Technology Corporation Ltd. and/or their content suppliers and is protected by copyright and trademark laws. 
10.2 All marks, graphics, logos, page headers, button icons, scripts, service names, data compilations, and software not owned by Office Technology Corporation are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Office Technology Corporation or their content suppliers. Neither the Site nor any materials from the Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, distributed in any form or by any means, or otherwise exploited for any commercial purpose without the prior written permission of Office Technology Corporation.
10.3Lexmark Return Programme cartridges are patented print cartridges sold at a discount in exchange for the customer's agreement to the licence requirement that the cartridges will be used only once and returned only to Lexmark for remanufacturing and/or recycling. The Return Programme cartridges are licensed for single-use only and are designed to stop working after the delivery of a fixed amount of toner/ink. A variable amount of toner/ink will remain in the cartridge when replacement is required. In addition, the cartridge is designed to update the memory automatically in your printer to protect against the introduction of counterfeit and/or unauthorised third-party cartridges. If the customer does not accept these terms, replacement cartridges sold without these terms are also available

11. RETURNS (Web Sales Only)
11.1 Goods are sold with manufacturer’s warranty, usually a call to the manufacturer will resolve any technical issues you may have, you may be offered a replacement or repair under the terms of your warranty.
11.2 If you wish to return faulty goods and require a refund or replacement you must first call our Customer services Department on 01228 819128  to discuss your request.
11.3 Business users: The return of goods is entirely at our discretion. Business users will be charged an administration charge of 20% and the original carriage charge.
11.4 Consumers: If within 14 working days commencing the day after receipt of goods you wish to return them and cancel your order, you must call our Customer Services Department on 01228 819128. . A phone call only is not enough  and you must confirm your request in writing (letter, fax or email). Our email address is info@otcorp.co.uk. We aim to respond to all email enquiries within 24 hours.
11.5 We can only accept the return of goods providing the goods are complete with all relevant packaging in an unused condition or in the condition in which they were received. A full refund will be given as soon as possible or within 30 days. You are responsible for the return carriage and insurance of the goods back to ourselves.
11.6 Any goods returned to us without prior authorisation or which are not in the condition set out in clause 11.5 above will be rejected and returned to you at your cost.
11.7 We are obliged in law to return your money within 30 days the latest. However, should you fail to return the goods after a full refund we reserve the right to charge you the direct costs of recovery and offset the amount against the refund due.

12. GOVERNING LAW
The Agreement between the parties shall be governed by English law.

13. CHANGES TO THESE TERMS & CONDITIONS
Office Technology Corporation reserves the right to change these General Terms and Conditions at any time. If Office Technology Corporation makes such changes, Office Technology Corporation will post the revised terms and conditions here, along with the date of the revision. Except as described in section 14.3 below, any changes will apply only from the date of the revision to new contracts for the supply of products and/or services and not to orders which have been previously placed.

14. MISCELLANEOUS 
14.1 You shall not assign, transfer, charge or make over or purport to assign transfer charge to make over your rights under these General Terms and Conditions
14.2 You shall have no right to offset any counterclaims unless such counterclaims have been established by a final and conclusive court judgment or liability for such counterclaims has been accepted by Office Technology Corporation. You shall have no right to exercise any right to refuse performance unless such counterclaims arise from the same transaction. 
14.3 You acknowledge that these General Terms and Conditions supersede and cancel all previous contracts, agreements and working arrangements whether oral or written, express or implied, between us unless expressly stated otherwise by Office Technology Corporation in writing.. These General Terms and Conditions prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted unless expressly accepted by Office Technology Corporation in writing. To the fullest extent permitted under applicable law, Office Technology Corporation reserves the right to modify these General Terms and Conditions upon prior written notice to You with effect for the future prior to the delivery of products and/or services- subject to your right to reject, by way of written notice, Office Technology Corporation's modifications to these General Terms and Conditions with respect to any orders for which Acceptance, but not yet fulfillment, has occurred.
14.4 No waiver of any term or condition of these General Terms and Conditions shall be effective unless made in writing and signed by us. The waiver of any breach of any condition shall not be construed as a waiver of any subsequent breach or condition.
14.5 Additional terms and conditions may be included with the products purchased on this Site, and You hereby consent to be governed by any and all of such additional terms. 
14.6 If any provisions of these General Terms and Conditions are invalid in whole or in part, the validity of the remaining provisions shall remain affected thereby.
14.7 Office Technology Corporation shall have the right to subcontract the performance of obligations under the agreement concluded with You to third parties. You hereby agree that Office Technology Corporation may transfer any rights or obligations arising from this agreement to a subcontractor. 
14.8 You agree and represent that You are buying for your own internal use only, and not for resale or export. Office Technology Corporation Ltd, September 2014