1. MILLENNIUM BUSINESS SYSTEMS LTD is here in referred to as MBS.
2. These conditions shall take precedence over any conditions of the customer and shall not be varied without the written consent of a director of MBS.
Delivery and loss or damage in transit
1. Delivery of the goods to the customers address, or any other address stipulated by said customer, shall constitute delivery and the risk therein shall pass, upon such delivery, to the customer and conditions shall apply to each partial delivery.
2. The customer will be required to sign a copy of the carriers, or MBS, delivery manifest as acknowledgement of the receipt of goods. The customer should inspect the goods carefully. An unqualified signature will be required to signify the customer’s acceptance that the goods are in good condition and, in regards to the MBS manifest, complete. The title of goods will remain with MBS until the invoice has been paid in full.
3. Delivery on, unless specified, is Next Business Day (8am till 6pm), there can be surcharges for specified delivery times. These are only estimated times and not guaranteed. During peak seasons (for example Christmas) delivery times can be extended.
4. MBS will not be responsible for the damage of any of the goods, or part thereof, in transit unless the customer gives written notice of a claim to MBS and to the carrier;
- i) In the case of damage within 3 days after having received the goods and;
- ii) In case of loss or shortage by writing within 3 days of the date of invoice
- iii) All damaged boxes must be signed for as damaged.
1. In respect of the goods, MBS guarantees that the matter of any warranty or guarantee given to the purchaser, that such goods will be free from defects caused by faulty materials or poor workmanship for the period of the guarantee or warranty given by the manufacturers. Under this warranty, MBS will, at its option, either repair or offer a replacement of equivalent quality or issue credit to the customer for any goods found to be defective due to faulty maintenance by MBS or poor workmanship provided that;
- i) The defective goods are returned to MBS at the customer’s expense.
- ii) Examination of such goods by MBS authorised personnel must disclose, to their satisfaction, that such defects that exist and have not been caused by misuse, neglect, accident, improper storage, installation and handling or by repairs or alterations not performed by MBS.
- iii) The customer shall pay, to MBS, the cost (as certified by MBS) of any examination of such goods a result of which MBS denies liability.
- iv) Any damage caused following the signed delivery of the goods will not be covered under the warranty and will be charged to the customer.
1. To enable MBS to provide the best possible support and service during the warranty period, you will be required to;
- i) Maintain a proper and adequate environment, and use the MBS hardware product in accordance with its designed function.
- ii) Verify configurations, load most recent firmware, install software patches, and implement temporary procedures or workarounds provided by MBS while MBS works on permanent solutions.
2. It is mandatory that the unit serial number be made available when requesting a warranty service event. Failure to do so may result in the unit being deemed out of warranty by MBS and therefore make any replacement or repair chargeable to the purchaser. Your dated sales or delivery receipt, showing the date of purchase or lease of the product, is your proof of the purchase or lease date. You may be required to provide proof of purchase or lease as a condition of receiving a warranty service. You are entitled to hardware warranty service according to the terms and conditions of this document if a repair to your hardware product is required within the warranty period.
3. Your MBS PC warranty is an on-site warranty service. Under the terms of on-site service, MBS may, at its sole discretion, determine if a defect can be repaired by the use of a self-repair part, purchased by the customer, or a service call at the invoice location of the defective unit. If MBS ultimately determines that an on-site service call is required to repair a defect, the call will be scheduled during standard office hours, typically 09:00 to 17:30,Monday through Friday unless otherwise stated. If the location of the defective unit is not the invoice address, response times may be longer or there may be additional charges. MBS aims to ensure that the product will be operational by the end of the next business day following the return of a fully completed MBS returns form. Unless otherwise stated, all responses are measured from the time the customer calls, or when a mutually acceptable time for support to be performed has been established. In all cases, the warranty period will not exceed five (5) years from the date of purchase of the MBS hardware. The MBS warranty period starts from the date of delivery as shown on the customers delivery receipt. In order to receive on-site support you must:
- i) Have a representative present when MBS provides warranty services at your site.
- ii) Notify MBS if products are being used in an environment which poses a potential health or safety hazard to MBS employees.
- iii) Subject to its reasonable security requirements, provide MBS with sufficient, free, and safe, use and access of all facilities, information, and systems determined necessary by MBS to provide timely support.
- iv) Ensure that all manufacturers’ labels (such as serial numbers) are in place, accessible, and legible.
- v) Maintain an environment consistent with product specifications and supported configurations.
4. MBS products are designed with many Purchaser Self Repair (PSR) parts to minimize repair time and allow for greater flexibility in performing defective parts replacement. If during the diagnosis period, MBS identifies that the repair can be accomplished by the use of a PSR part, MBS will ship that part directly to the customer for replacement.
5. Based on availability, and where geography permits, PSR parts will be shipped for next business day delivery. If assistance is required, you can call MBS technical support for over the phone support. Any defective part that needs to be returned to MBS will need to be returned by shipping. Part return costs and the courier/carrier to be used are paid for and determined by MBS. Only one collection is pre-arranged by MBS. If unsuccessful, due to purchaser error, it will be charged at the applicable costs and all future returns arranged at the purchasers cost. The defective part must be returned with the associated documentation in the provided shipping material. Failure to allow the return of the defective part will result in MBS billing the purchaser for the replacement and associated costs.
6. During the warranty period MBS will, at its discretion, repair or replace any defective component. All component parts or hardware products removed under this warranty become the property of MBS. In the unlikely event that your hardware product has recurring failures, MBS, at its sole discretion, may elect to provide you with; (a) a replacement unit of MBS choosing that is the same or equivalent to your hardware product in performance or (b) to give the purchaser a credit note of your purchase price instead of a replacement.
7. MBS may repair or replace hardware products with new or previously used products or parts that are equivalent to new in performance and reliability, or with equivalent products to an original product that has been discontinued. External products to the PC base unit such as external storage subsystems, printers, TFT and other peripherals are covered by the applicable warranty for those products or options.
8. Your MBS warranty may include an advanced unit replacement warranty service. Under the terms of the advanced unit replacement warranty service, MBS will ship a replacement unit directly to you if the MBS hardware product you purchased is diagnosed as defective. On receiving the replacement unit you will be required to return the defective unit back to MBS in the packaging that arrives with the replacement unit. MBS will incur all shipping and insurance costs to return the defective unit to MBS. Failure to allow return of the defective unit will result in MBS billing the purchaser for the replacement unit.
9. With regards to telephone support, it may be required that the customer perform additional tasks and actions that MBS may reasonably request in order to best perform the warranty support. It is required that the customer fully co-operates with MBS in attempting to resolve problems over the telephone. In some cases, MBS may require additional software, such as drivers and agents, to be loaded on your system in order to take advantage of all support solutions and capabilities. This may involve performing routine diagnostic procedures, installing additional software updates or patches, removing third-party options, and/or substituting options. MBS asks that periodic backup copies of your files, data, or programs stored on your hard drive or other storage devices are used as a precaution against possible failures, alteration, or loss. Before returning any MBS hardware product for warranty support, back up your files, data, and programs, and remove any confidential, proprietary, or personal information.
10. Where a specific hardware product problem is found to be caused by a superseded BIOS/firmware revision on an MBS component, MBS will either bring the firmware up to the latest revision, by exchanging the affected component under warranty, or will recommend that the customer upgrade the firmware where appropriate. It is essentially the responsibility of the customer to ensure that their software is compatible with the latest BIOS/firmware revision and upgrade their firmware to keep it synchronised with the new software releases.
11. Software is not covered under the warranty.
Exclusions of liability:
1. Except where stated otherwise in these conditions, MBS shall be under no liability of whatever kind howsoever caused whether or not due to the negligence or wilful default of the purchaser or its servants or agents arising out of, or in, connection with the goods. All conditions, warranties or other terms, whether expressed or implied, statutory or otherwise, are hereby expressly excluded providing that nothing in this paragraph shall exclude or restrict any liability of the company for death or personal injury resulting from the negligence of MBS or its servants or agents.
2. MBS shall not be liable for any loss or damage sustained or incurred by the customer or any third party (including without limitation any loss of use of the maintained products or loss of or spoiling of any of the customers programs or data) resulting from any breakdown or fault in the maintained products, unless such breakdown or fault is caused by the negligence or wilful misconduct of MBS its employees, agents or sub-contractors, or to the extent that such loss or damage arises from any negligent delay by MBS in providing the relevant services and then only to the extent not excluded by the agreement.
3. This Warranty does not apply to expendable or consumable parts and does not extend to any product from which the serial number has been removed, damaged or rendered defective:
- i) As a result of accident, misuse, abuse, contamination, improper or inadequate maintenance or calibration or other external causes.
- ii) By operation outside the standard usage parameters stated in the user documentation that is shipped with the product (including burned monitor screens and incorrect input voltage).
- iii) By software, interfacing, parts or supplies not supplied by MBS.
- iv) Improper site preparation or maintenance.
- v) Virus infection.
- vi) Loss or damage in transit.
- vii) By modification or service by anyone other than:
- i) MBS.
- ii) An authorised MBS technician.
- iii) Your own installation of end-user replaceable MBS approved parts provided.
4. MBS does not guarantee that the operation of this product will be uninterrupted or error-free. MBS is not responsible for the damage that occurs as a result of your failure to follow the instruction intended for the MBS hardware product.
5. Except as provided in the applicable software, end-user license or program license agreements, or if otherwise provided under local law; software products, including any software products, freeware or operating systems preinstalled by MBS are provided and with all faults and MBS hereby disclaims all other warranties and conditions, either express, implied, or statutory, including, but not limited to, warranties of title and non-infringement, any implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, and lack of viruses. MBS does not provide support for software provided under public license by third parties, including operating systems or applications (“Freeware”).Support for Freeware provided with MBS Products is provided by the Freeware vendor. Please refer to the Freeware operating system or other Freeware application support statements.
6. MBS shall not be liable for the loss of, or damage, to software programs, data, or removable storage media during the repair or upgrade of any goods whether they are, or are not, under warranty. MBS is not responsible for the restoration or reinstallation of any programs or data other than that of software installed by MBS when the product was manufactured. Before returning or requesting an engineer for service of a unit, all data, confidential propriety, or personal information must be backed up and removed.
7. Even with the above processes, any purchaser reluctant to return defective disks, due to confidential data contained on the disks, may retain the original disk and will be required to purchase a replacement disk to affect the repair.
8. MBS warranty obligation extends only to products, options, and parts manufactured or distributed by MBS. The warranty term is limited to the hardware components and required firmware. It DOES NOT include any software applications or programs or peripherals. All non MBS built parts and peripherals, external to the hardware product such as external storage subsystems, displays, printers and other peripherals, are provided without MBS warranty. However, non-MBS manufacturers and suppliers, or publishers may provide their own warranties directly.
9. MBS is not liable for any claim made by a third party or made by you for the third party. This limitation of liability applies whether damages are sought, or a claim made, under this limited warranty or as a tort claim (including negligence and strict product liability), a contract claim or any other claim.
10. If MBS determines that damage/failure that exists is not covered by the warranty — i.e. failure of third party software, alteration to purchased software or peripherals etc. — the end user will be contacted to determine whether such damage/failure should be repaired for a charge or whether the product should be returned to the end user as received. Where an engineer is already onsite £99 ex vat will be invoiced to the purchaser for an incorrect callout. All associated transportation and handling costs are also charged to the purchaser.
11. If MBS is prevented at any time from performing any contractual obligation, or if any loss, damage or injury or delay in delivery is occasioned by or due to any cause beyond MBS control including (but without prejudice to the generality of the foregoing expression) the commission of any criminal act, shortage of goods, act of war (whether declared or not), civil commotion, accident, strikes or lockouts, Act of God or any restriction imposed by any local municipal government authority (including Customs Authorities)whether British or foreign, MBS shall be entitled forthwith to determine the contract and to be discharged from all liabilities whatsoever to the purchaser and MBS shall not be liable for any such loss or damage, injury or delay as aforesaid.
12. All marking and/or branding of MBS products must be removable. If the marked or branded product cannot be refurbished by MBS for use (e.g. the branding or tagging removed), then the customer may need to purchase a replacement part or unit. Where marking and/or branding cannot be removed, then the part credit element of a service event may not be paid.
These terms and conditions apply to all transactions, please read them carefully. By purchasing from MBS you are entering a legally binding contract. It does not affect your statutory rights. We may change these terms and conditions at any time.
CONDITIONS OF INSTALLATION
1. If the customer needs to cancel or change your installation date;
- a) Please inform Millennium Business Systems (MBS) as soon as possible. Any cancellations or changes made within five working days of the set date may impose a collection or restocking fee.
- b) Any goods delivered to the customer (you) become your responsibility. N.B. these are electrical goods and care should be taken. Any loss, or damage incurred once signed for will be the responsibility of the buyer unless damage occurs whilst being handled by MBS engineers.
- c) If you miss your install date or our MBS appointed AV engineers are denied entry, a revisit fee could be applicable.
- d) It is your responsibility to ensure that the install areas are clear and vacated ready for installation work by the agreed date.
2. An authorised member of staff will need to be available on the day, to sign for the equipment and work. This applies during school holidays.
3. You are required to arrange for the area and a representative to be available for a site survey prior to installation, should this be deemed necessary.
4. MBS are to be made aware of any hazards and health and safety risks in the building construction. With regards to asbestos:
- a) You are required to verify the presence of asbestos on site before MBS start work; this is a legal requirement and will be in the form of an Asbestos Register. This must be shown to MBS Engineers on the day.
- b) If this information is unavailable on site, your relevant employer i.e. the LEA should be contacted to provide you with the necessary information.
- c) MBS request that the buildings up to date Asbestos register is checked, if the installation area is clear, a written statement to that effect is required by MBS.
- d) To plan a safe method of work in the case that Asbestos is present in the installation area; MBS require a written statement to that effect, and will issue a Risk Assessment and Method statement (RAMS) for the installation.
- e) MBS engineers are under instruction not to disturb Asbestos. If, during installation, it becomes apparent (through hidden material or dust) that there may be asbestos in the area, they will cease work until the area is marked as safe by a field manager or health and safety officer.
MBS appreciate you cooperation in minimising health, safety and delay risks during the installation.
5. Whiteboard and touch screen wall installs;
- a) Walls must be an entirely flat surface free from obstructions and equipment such as blackboards, whiteboards, sockets, fire alarms, data connections and trunking. If there are heating pipes at floor level, inform MBS as soon as possible as this may affect installation.
- b) If you have existing equipment which you require to be removed, please contact your account manager to organise an equipment uninstallation as this will affect your preliminary installation duration. MBS are WEEE certified, this means MBS can remove and recycle your products in a safe manner.
6. Whiteboard, touchscreen and projector power supplies. Should you require electrical installations to be carried out by MBS please advise your account manager:
- a) Whiteboards: To power the board and video splitter, a double 240v, 13A A.C. socket will be required at the PC location.
- b) Touchscreens: A double 240v, 13A A.C. socket will be required at the PC location to power (if required), the amplifier and the splitter.
- c) An additional double socket will be required near the screen or board, to power the board or screen.
- d) Your own PC will normally require another double socket.
- e) To power the projector an electrical mains socket will be required at the ceiling mounting point. The socket should be on the ceiling between 2.5 – 3.5m, perpendicular to the proposed centre of the interactive whiteboard, as close to the projector mounting point as possible. The exact location of this socket is dependent on the models and sizes of the chosen projector and whiteboard. This socket can be fitted after installation if required, if you have already ordered this installation, please confirm via the options located on the final page of this document. If you wish to order this service, please contact your account manager to arrange this for you/provide a formal quotation.
7. Ceiling and wall requirements;
- a) A stable ceiling and or wall are required for standard installation. If the ceiling or wall is disturbed by vibration, this will cause the projected image to move.
- b) MBS engineers can decline to install a system if suitable structural support is unavailable and if floor to ceiling height is greater than 5m or less than 2.4m. In the case of hall installations or high ceilings then please advise your account manager as we have scaffolding available on request for these jobs.
- c) If you are uncertain as to whether these terms affect you, see point 3 and arrange a free of charge site survey prior to installation.
8. Installation of Whiteboards and Touchscreens: MBS mount the board to the wall using the supplied mounting brackets. Please indicate your height preference and room requirements when returning this acceptance.
9. Installing all-in-one units;
- a) The framework/brackets will be fixed to the wall; these fixings are dependent on the type of wall.
- b) Please note that brackets and frames for all-in-one units must be fitted to a solid brick, block or plaster wall or a plaster board/timber constructed wall.
- c) Without substantial fixing points in place, these systems can’t be fitted to plasterboard/metal constructed walls.
- d) The projector will be mounted on a boom arm attached to the frame or wall.
- e) Should you be in any doubt, then speak with your account manager or request one of our free of charge site surveys prior to installation.
10. Standard projector installations;
- a) MBS will mount the projector to the ceiling (refer back to point 7 a/b/c for structural requirements) at a height usually no less than 2.4m from the floor.
- b) The distance of the projector from the wall is dependent on the type of projector but usually ranges from 0.3m+.
11. Leads and faceplates (if requested):
- a) MBS shall install audio and video leads between the projector and the faceplate.
- b) A serial or USB cable will be installed between the projector and board via the same faceplate.
- c) The faceplate is usually installed to the side of the board.
- d) The faceplates are modular and as standard usually come with the following connections; HDMI, VGA, USB and audio outputs. Should you require a USB booster module then please indicate this to your account manager when booking.
- e) All cabling shall be enclosed, where possible, in plastic trunking.
12. Peripheral requirements;
- a) A PC with an operating system of Windows 7 or higher will be required for installation. This PC should have the following minimum specifications; 1ghz processor, 512mb RAM and 20GB HDD.
- b) Apple computers OSX and above are also supported, but may have limited interactivity with certain products which MBS cannot be held accountable for.
- c) For your own media samples and to use to the board software, you will require a machine with a higher specification than stated above.
- d) Depending on the specification of your machine USB Interactivity issues may be experienced with the standard faceplate kit. These issues can be rectified on most installs using a USB Booster module which can be purchased at additional cost. Please inform your account manager should you wish to purchase this optional module.
13. It is your responsibility to install any software supplied with the equipment however; further software install can be arranged, please contact your account manager.
14. MBS engineers will test and commission the completed installation with MBS equipment, in the presence of the authorised member of staff (see point 2), this usually takes around fifteen minutes. This testing is carried out in reference to the installation sign off check-list. Any problems than cannot be resolved are noted on the sign off form, these notes will include any further action required between you and the installation team. Once completed, you are required to sign the sign off form.
15. If you cannot meet any of the above requirements or wish to have your equipment installed in a different manner, you must inform MBS as soon as possible. MBS will endeavour to accommodate any reasonable request and liaise with builders and architects on any installation. This may incur an additional fee. If you are unsure, refer back to point 3.
16. MBS engineers carry mobile devices equipped with cameras, in the event of an engineer needing to use that facility; they shall seek prior permission from you.
1. The company Millennium Business Systems Ltd. (here in after referred to as “the seller”) submit all quotations and price lists and accept all orders subject to the following Conditions of Contract which shall apply to all contracts for goods supplied or work done by the seller its servants, agents or subcontractors to the exclusion of all other representations conditions and warranties statutory or otherwise expressed or implied.
2. Each order received and accepted by the seller will be deemed to form a separate contract to which these conditions of sale shall apply and any waiver or any non-enforcement or variation of any terms or part thereof on the part of the seller shall non bind or prejudice the seller in relation to the application of these conditions to any other order, instalment or delivery whatsoever arising.
3. The seller reserves the right to increase, unless otherwise agreed at the time of purchase without notice quoted prices after the date of the seller’s acceptance of an order to cover:
- (i) Increases by suppliers to the seller
- (ii) Extra cost incurred as a result of the cancellation, alteration or re-scheduling of orders due to the Purchaser’s instructions or lack of instructions
- (iii) Currency fluctuations which increases the cost to the seller of materials or goods imported into the United Kingdom. All prices quoted exclude VAT and all other taxes.
4. The terms of payment are thirty days net of date of invoice.
5. Ownership of the goods shall remain with the seller until such time as the purchaser has paid in full all that it owes to the seller including the full cost outstanding of any other goods the subject of any other contract, delivery or instalment. Until that time the purchaser shall keep the goods to a third party within the normal carrying on of its business on the condition that it shall account to the seller for the proceeds of such sales or hold that same on trust for the seller and, if the seller so requires, that it shall hand over to the seller any claims emanating from the sub-sale that it has against its buyer. The purchaser’s right to keep the goods shall cease if it commits any available act of bankruptcy or does anything or fails to do anything which would entitle a receiver to take possession or which would entitle any person to present a petition for winding up. The purchaser agrees that the seller may for the purpose of recovery of its goods enter the purchaser’s premises and repossess them. The purchaser shall also be entitled to incorporate the goods into any other product in the normal course of on condition that ownership in the new product shall vest in the seller.
6. All delivery dates are quoted in goods faith but the time shall not be deemed to be of the essence. The seller shall not be liable for any damage (whether direct or consequential) whatsoever arising from the late delivery of goods or materials and the purchaser shall not be entitled to treat the contract as repudiated by reasons of any such late delivery.
7. Delivery shall be deemed to take place when the goods arrive at the purchaser’s works and all risk in the goods shall pass to the purchaser upon delivery.
8. No liability will be accepted by the seller in respect of damage to or shortage of goods unless a separate notice in writing is given to the carriers concerned and the seller, giving full details within seven days of date of invoice or delivery if earlier. The seller shall have no liability in respect of damage or shortages caused by the acts or omissions of the purchaser or others or by causes beyond the seller’s control.
9. The sellers liability in respect of goods supplied shall be only to the purchaser and shall be strictly limited to free replacement of goods as notified as above and returned carriage paid to the sellers works provided always that the purchaser shall not be entitled to receive from the seller, any greater benefit under the provisions of this clause than shall be recovered by the seller under any guarantee of warranty given to the seller by the manufacturers or suppliers of the goods.
10. The seller will not accept the return of goods without prior agreement in writing except in the case of goods covered by clause 9 above.
11. In the event of an order being cancelled by the purchaser, the purchaser shall be liable to indemnify the seller against all losses (including loss of profit) costs and other expenses and damages (whether direct or consequential, including increased administration costs and legal costs on a full indemnity basis) occasioned by such cancellation.
The Customer shall further indemnify and keep indemnified the Supplier against any and all losses, proceedings, lost profits, damages, awards, expenses, claims, costs (including increased administration costs and legal costs on a full indemnity basis), actions and any other losses and/or liabilities suffered by the Supplier and arising from or due to any Intellectual Property Rights infringement claim by a third party arising out of any act and/or omission of the Customer.
12. This contract shall be governed by English law any disputes arising out of any contract made between the seller and the purchaser shall be heard and determined by an English Court of competent jurisdiction or, at the option of the seller, shall be submitted to arbitration in London in accordance with subject to the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.
13. Customers placing orders on Millennium Business Systems Ltd. must accept delivery of the total order within one year of the date of the order unless otherwise agreed in writing.
14. Overdue Accounts – The seller reserves the right to charge interest for the term in which the debt is overdue at the Lloyds bank base rate plus two per cent; and all legal costs in pursuant of payment.
15. Any design or express or implied instructions directly communicated by the purchaser to the seller shall not be such as to cause or require the seller to infringe any letter patent, copyright design or trade mark in the performance of this contract.
16. The purchaser will indemnify and keep indemnified the seller, its directors, officers, servants, agents and sub-contractors against all claims demands and costs whatsoever arising in respect of any infringement or alleged infringement of letters patent, copyright, registered trademark and arising directly from the use nor compliance with any design or express or implied instructions communicated by the purchaser to the seller for the purpose of and in connection with this contract.
17. The seller reserves the right to cease or suspend the supply of goods to the purchaser in its absolute discretion when:
- (i) The purchasers account is overdue
- (ii) And furthermore when, in the seller’s absolute discretion, the seller has doubts, whatsoever arising, about the continued credit worthiness of the purchaser.
18. The purchaser will not sell or ship any of the goods directly to any person or destination where such sales or shipment would be prohibited by the laws or regulations of the United Kingdom or the United States of America and, at its own expense such licenses and import and export documents as are necessary to buy or sell the goods.
19. Import Duty
All goods are supplied import duty paid. Evidence of Duty payment cannot be supplied unless agreed in writing by the seller before order placement.
Returns accepted by Prior Authority only subject to a 17.5% or £25 re-stocking charge whichever higher. The seller reserves the right to refuse to accept returns if the item is incomplete or returned without its original packaging. If items are returned in this condition they will be sent to the purchaser and invoices for the items will still be payable.