Zomp's Terms & Conditions of Trading

Zomp's Terms and Conditions of Trading

Definitions

In these conditions unless the context otherwise permits:-

Business Customer: means a customer who is not a Consumer; "Business Customers" are construed accordingly.
Catalogue: means the catalogue of Products and "Off-the-Shelf Services" offered by Zomp.
Identification: means a combination of confidential information or identification that identifies the Customer to Zomp. This includes but not limited to user names, passwords and pass phrases.
Consumer: means an individual who is not acting for the purposes of his or her business, organisation, educational establishment or profession; "Consumers" are construed accordingly.
Contact Email Address: means the email address that all correspondence from Zomp shall be sent to unless otherwise requested, including but not limited to invoices, statements and notices. This email address should be one that is frequently checked as we cannot be held responsible for lost correspondence if it is incorrect or no longer valid, please contact service@zomp.net to change your details. If you are unsure of the validity please of any notfication from Zomp contact us before adhering to the correspondence.
Customer: is a generic term that encompasses both a "Consumer" and ""Business Customer"; "Customers" are construed accordingly and also referred to as "you" in these terms and conditions.
Electronic Means: means access to the Shop via the web-site, web-services or other available electronic access.
Force Majeure: means any cause affecting the performance by Zomp 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.
Normal Working Hours: means 9 am to 5 pm on a Working Day.
Off-the-Shelf Services: means services that are purchased which are not under the jurisdiction of a separate contract with Zomp, or administrated by another department such as Internet Services. Such services include, but not limited to, the installation of components, pre-configuration of software and hardware.
Shop: means the logical or physical department within Zomp that administers and performs transactions on the Catalogue.
Working Days: means Monday to Friday, excluding Bank or other Public holidays. "Working Day" shall be construed accordingly.
Zomp: means Zomp Solutions (UK) Limited, registered in England and Wales (registration number 4643210); also referred to as "we," "us" or "our" in these Terms and Conditions.

Orders
1. All contracts of sale made by Zomp shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the Customer with whom Zomp is dealing. Cancellations of orders by Business Customers are not accepted; Cancellations of orders by Consumers will be accepted in accordance with the Customer Protection (Distance Selling) Regulations 2000 (clause 15). Nothing in these terms and conditions is intended to impinge upon a Consumer 's statutory or contractual rights to reject faulty goods.
2. All orders are subject to acceptance and to availability of the goods ordered: Zomp is entitled to refuse any order placed by you.
3. You undertake that:
  1. You shall be responsible to Zomp for ensuring the accuracy of the terms of any order, and
  2. All details you provide for the purpose of purchasing items from the Catalogue are correct, and
  3. When paying by debit/credit card, the card used to make a purchase from us is your own card if you are a Consumer, or a card you are authorised to use if you are a Business Customer , and in both instances there are sufficient funds or credit facilities to cover the cost of any purchases from the Catalogue . We reserve the right to obtain validation of your payment card details before providing you with any Catalogue orders.
Customer Identification
1. In placing an order the Customer may utilise one or a combination of identification forms including but not limited to user names, passwords or pass phrases issued to the Customer .
2. It is the Customer 's responsibility to keep their Identification confidential. The Customer has the sole responsibility for their identification. The Customer shall immediately inform Zomp in case of loss of password or in case of any abuse or attempted abuse of the Identification . The Customer agrees that they are entirely responsible for use of their Identification and that it is the Customer 's responsibility to have in place security measures and procedures to ensure use of its Identification only by themselves if they are a Consumer or authorised personnel for authorised purposes if they are employed by a Business Customer .
3. The Customer agrees that Zomp is entitled to rely absolutely on any orders placed with Zomp which have utilised Identification and to deliver as directed by such purchase orders and invoices, and be paid in respect of such orders.
4. Customers agree that any order placed via Electronic Means , upon "acceptance" by Zomp , utilising Customer 's Identification is a valid and binding purchase order.
5. The Customer acknowledges that Zomp cannot guarantee the security of the Customer 's devices (including but not limited to PCs, Notebooks, Netbooks, PDAs or Mobile phones) and the possibility of interception from those devices, including but not limited to keystroke logging programs, viruses and Trojan Horses; or the corruption of data transmitted from the Customer's device to Zomp using correct Identification and that Zomp is nonetheless entitled to rely on data transmitted in the form it is received at Zomp . The Customer is strongly advised, being aware of this clause 3, to utilised both Anti-Virus and Firewall protection and keep it regularly maintained.
6. Zomp has the right to accept or decline any purchase order submitted by the Customer in respect to this clause 3.
Prices
1. All prices are subject to change without notice and subject to the provisions of clause 4.2 and 14.1 and will be established at the time the order is received by Electronic Means, or in other cases confirmed or acknowledged by Zomp .
2. If the Customer agrees to place an order for a product from the Catalogue that is not available at the time of order ("Ordered On Request"), such an order shall be irrevocable and be deemed to be for the product at the price established at the time the "Ordered on Request" is taken or confirmed. Should there be any price increase due to a rise of its suppliers price to Zomp or direct costs to which Zomp becomes subject (including without limit, costs resulting from currency fluctuations) Zomp shall only increase its price by such levels as is necessary.
3. All prices exclude the cost of delivery which is calculated at the time of finalising the order.
4. Goods and services, together with VAT, are invoiced at the price prevailing at time of order subject to the provisions of clause 4.1 and dated the day of dispatch or service activation.5. Due to the cost of processing non-electronic transactions, a surcharge of £1.50 will be applied to all cheque payments when this payment method is offered.
Terms of Payment
1. Unless Zomp shall have previously agreed in writing with the Customerthat the products purchased from the Catalogue shall be on credit according to clause 5.2, payment for the products shall be made in full by the Customer at the time of order.
2. Where Zomp has agreed to supply the Catalogue products on credit, Zomp's standard terms of payment are 30 days from the date of the invoice, and these will apply except in the case of transactions where different terms are agreed in writing. Zomp shall be entitled at its absolute discretion to alter payment terms and withdraw or alter any credit limit granted at any time without notice.3. The time of payment of the price shall be the essence of the Contract. If the customer fails to make a payment on the due date then without prejudice to any other right or remedy available to it, Zomp shall be entitled to:-
  1. Cancel the Contract and/or suspend any further deliveries to the Customer.
  2. Appropriate any payment made by the Customer to such Catalogue products as Zomp may think fit.
  3. Charge the Customer interest daily (both before and after judgment) on the outstanding balance at the rate of 5% above HSBC Bank PLC base lending rate from time to time until payment in full is made.
Delivery
1. Zomp shall use reasonable endeavours to dispatch 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 Consumer shall be entitled to cancel an order when advised of a delay if the revised delivery date is not acceptable.
2. In the case of Business Customers, if Zomp is unable to deliver the goods within 30 days of the agreed delivery date, the Business Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to Zomp in respect of that order to be refunded. In order to cancel, the Business Customer must send notice of cancellation to Zomp after the above date but before delivery of the goods or notification from Zomp that the goods are ready for delivery. This clause does not apply to Consumers .
  1. In the case of a Business Customer accepting a revised delivery date, the term "agreed delivery date" in clause 6.2 above should be construed as being replaced with "revised delivery date."
3. In the case of Business Customers, Zomp does not accept liability for shortages or damage to deliveries unless the Business Customer notifies Zompof the shortage or damage in writing within 48 hours of receipt of the delivery. Consumers should notify shortages or damage within a reasonable period of becoming aware.
4. Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours .
5. Delivery is deemed to take place when the goods are delivered to the Customer 's nominated address.
6. Zomp shall be entitled to assume that any person who both reasonably appears and claims to have authority to accept delivery and signs the delivery notice in respect of the products on behalf of the Customer does in fact has the authority.
7. Partial delivery is allowed unless otherwise mutually agreed by both parties. Failure by Zomp to deliver the rest of the good shall not entitle the Customer to treat the order as a whole as repudiated.
8. The Customer shall bear all costs associated with the unjustified refusal of delivery of the products. If the refusal is made on the grounds that the order was wrongly placed and the refusal is accepted by Zomp , Zomp reserves its right to charge accordingly additional fees for return transportation and administrative expenses related thereto, and original carriage cost will not be reimbursed.
9. If the Customer cannot accept delivery, Zomp may at its option:
  1. store and insure the goods at the Customer 's expense and risk or
  2. Sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or
  3. re-arrange delivery, provided that Zomp may charge the Customer for the additional delivery costs incurred.
10. Upon delivery of the goods, the Customer will be required to sign a "Proof of Delivery (POD)" to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the delivery is complete and undamaged. Where a discrepancy occurs or there is obvious damage to the packaging this should be highlighted to the courier's representative making the delivery AND noted on the POD. Zomp shall not be liable for discrepancies or damage evident on delivery where the Customer has accepted delivery and signs the POD without amendment and does not pursue clause 6.3.
11. The Customer may request a proof of delivery; provided that this request is made in writing within a reasonable period following the date of delivery whereby Zomp shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
Title and Risk
1. Risk of loss, breakage and all damage and all other risks shall pass to the Customer at the time of delivery or if the Customer unjustifiably fails to take delivery of the products at the time when Zomp has tendered delivery of the products.
2. Notwithstanding delivery and passing of risk of the products or any other provisions of these conditions the title in the goods shall not pass to the Customer until Zomp has received cleared payment in full for the price of the products and all other products previously sold or supplied by Zomp to the Customer for which payment is then due.
3. Until such time as the title in the goods passes to the Customer, theCustomer shall hold the products as Zomp's fiduciary agent and Bailee and shall keep the products separate to those of the Customer and third parties and properly stored, protected, insured and identified as property of Zomp .
4. Until such time at the title in the goods passes to the Customer , Zomp shall be entitled at any time to require the Customer to deliver up the products to Zomp and if the Customer fails to do so forthwith to enter upon any premises of the Customer or any third party where the products are stored or utilised, and repossess the products.
Product Specifications
1. Zomp 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.
2. Zomp reserves the right to make any changes in the specifications of the Products which are required to conform with any applicable safety or other statutory requirements. These changes will be duly notified to the Customer. A Business Customer cannot cancel the order placed provided the changes do not alter the basic functionality of the goods, for other types of changes, the possibility of cancellation will be subject to the manufacturer's discretion.
3. If Zomp cannot supply the goods ordered by the Customer, Zomp reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to Zomp in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.
4. Due to the current manufacturing methods of active matrix display panels, a small percentage of sub-pixel anomalies, for example stuck pixels, are accepted by the industry as unavoidable, please be aware of this before purchasing a device containing an LCD screen such as a notebook computer or monitor. Zomp has to adhere to the manufacturer's guidelines stipulating that a given number of pixel failures are deemed acceptable before the display panel is accepted for replacement on grounds of fault.
Trade names and Trade Marks
1. Trade names and marks (other than Zomp's) are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products.
2. In the case of component purchases, Customers requiring a particular brand of product should, before placing an order, check with Zomp the identity of the component's manufacturer it is proposed to purchase.
Warranties and Returns

Zomp is committed to providing our Customers with the highest quality Catalogue goods. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below. Please note that special terms apply to Consumers who wish to return goods, which prevail over the provisions of this Clause 10. Consumers should also refer to Clause 15.

In respect to Business Customers purchasing Catalogue Products, the following provisions of this Clause shall apply. Other than the express provisions set out in these terms and conditions, all other terms and the implied terms or warranties relating to the supply of goods are excluded to the fullest extent permitted by law. Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
In respect to Business Customers purchasing Off-the-Shelf Services , the following provisions of this Clause shall apply. Zomp shall use its skill and expertise to carry out any Off-the-Shelf Services to a standard equivalent to that of a competent computer professional and shall warrant our work as free from defects, for a period of 30 days after completion. In particular, we cannot be held responsible for any fault or damage not caused by Zomp's engineers or its contracted agents. In the event of a claim arising relating to the level of skill and judgment applied in the course of providing Off-the-Shelf Services , Zomp reserves at its sole discretion the right to appoint an independent expert in the field to appraise the work carried out in the execution of the work(s). Additionally, Zomp cannot be held responsible for equipment installed or configured when the equipment has subsequently been altered or configured by persons other than Zomp . Except as set out here, all other express or implied terms or warranties relating to the Off-the-Shelf Services are excluded to the fullest extent permitted by law.
Subject to the right of Consumer to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000 (Clause 15), Zomp does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering. In some instances Customers may benefit from special pricing or offers issued by a Manufacturer specifically for their benefit and as such cannot be returned to the Manufacturer or sold to other Customers . By their nature orders for such goods cannot be cancelled and returns can only be accepted for repair or replacement where the goods prove to be defective.
In the event that Zomp, at its discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply, (Clause 15)), agrees to accept the return for credit of unwanted goods, the goods must be returned with Zomp 's prior written agreement within 14 days of delivery. The goods must be unopened with all seals intact and in perfect re-saleable condition. All goods returned in these circumstance(except where the Consumer Protection (Distance Selling) Regulations 2000 apply, (Clause 15)) will be subject to a handling fee of 15% of Zomp's sale price for the goods or £20, whichever is the greater.
Subject to testing to verify any alleged fault, we will accept the return of defective goods for full refund or replacement at our option, if, but only if, the goods are returned within 14 days of delivery. Consumers who wish to return defective products are obliged to follow the processes set out below as this helps us to provide a more efficient returns service.
1. Zomp 's Technical Support or Customer Service staff will advise you of which method of delivery to use to return the goods. Depending on the nature of the goods purchased, we will either arrange a courier collection, or request that you return the goods directly to us - if the goods are found on inspection to be defective, the cost of returning the item will be refunded to you. Authorised product returns must be sent to:
  
  Products Returns,
  Zomp,
  Unit 7, The Elms,
  Church Road,
  Harold Wood,
  Essex
  RM3 0JU.
2. Zomp offers a "no charge" collection, repair and delivery service within the mainland United Kingdom for hardware which is shown to be faulty, provided that the fault is reported within 14 days of delivery. If we have arranged a courier collection of the goods we are unable to specify a collection time and it is the Customer 's responsibility to ensure that someone will be present at the collection address to allow the pick-up to occur.
3. All returned Products except where the Consumer Protection (Distance Selling) Regulations 2000 applies, see Clause 15 must be accompanied by Zomp 's Returns Materials Authorisation number (‘RMA Number') which can be obtained by contacting Customer Service by email service@zomp.net or by phone 0845 225 6022. Returned goods will not be accepted without an RMA Number. Do not write directly on the manufacturer's packaging. Any defacement of the manufacturer's packaging or damage caused by inadequate packaging may result in the rejection of the return or an additional restocking fee, at Zomp 's sole discretion.
4. Zomp cannot accept liability for packages damaged during transit. It is the Customer 's responsibility to wrap the product adequately to prevent damage.
5. Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value.
6. On receipt of the returned product, we will test it to identify the fault you have notified us of.
  1. If following the testing process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with a replacement product before completion of the testing process, you will have to pay for this product also. This Clause does not apply to Consumers returning goods pursuant to Clause 15.
  2. Unless otherwise stated in the manufacturer's documentation, all goods delivered to a UK mainland address carry a 12 month manufacturer's warranty. Customers who wish to make a warranty claim must comply with the manufacturer's instructions and warranty procedure. In order to resolve your problem as quickly as possible, we may refer you to the product's manufacturer who will deal directly with the return. In these instances, we will provide you with the contact information for the relevant manufacturer. If you are a Consumer, this does not affect your statutory rights.
  3. This warranty shall not apply if the goods have been worked upon, altered or damaged in any way by the Customer or its employees or agents, or to goods not used in accordance with the manufacturer's instructions.
  4. No software on which seals have been broken can be returned. If any software discs are faulty, the manufacturer will replace them directly. If you are a Consumer this does not affect your statutory rights. Please note Software Licenses are non returnable unless the software is materially non-compliant with its specification or the physical media on which it is supplied is defective.
  5. Some manufacturers require goods to be returned within 14 days or less in order to secure refund. In such instances the manufacturer's time limit will apply and therefore Zomp will only accept a return within 14 days of purchase or the manufacturer's time limit, if that limit is less than 14 days. We can only accept the return of a defective product that does not meet the description, if they are returned to us within 14 days. Beyond that period you will be deemed to have accepted the goods and you must therefore check the goods promptly on receipt.

Zomp's Liability
1. In its dealings with Business Customers, Zomp shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including but not limited to loss of business or profits, loss of goodwill, damage to trading relationships, loss of data and other financial loss. ("Financial loss" in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). Zomp 's liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.
2. Nothing in this agreement shall limit Zomp's liability for death or personal injury caused by its negligence.
Health and Safety
1. Zomp confirms that the Catalogue goods it supplies as a distributor do not present a hazard to health and safety:-
  1. when properly used for the purpose for which they are designed; and
  2. if the Customer takes reasonable and normal precautions in their use.
Force Majeure
1. Where, in spite of its efforts, Zomp is unable to perform 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, it shall not be deemed to be in breach of its contract with the Customer .
Special Rules for "Ordered on Request" and "Clearance" Catalogue items.

All products sold by Zomp as "Ordered on Request" or on " Clearance"are sold subject to the following special rules that apply in addition to Zomp's other terms and conditions.

Goods sold as "Clearance" are downgraded goods that Zomp are able to offer at a discounted price compared to the normal Catalogue price. Availability of these goods are limited and as such goods are sold subject to the following special rules. These special rules apply in addition to and in the event of any conflict override all of Zomp's other terms and conditions except those specifically covering Consumers .
1. "Clearance" goods are graded according to their condition which is described at the point of sale. The length of the guarantee (if any), with the benefit of which the goods are sold, is specified in the description of the relevant grade.
2. b) "Clearance" goods by their very nature have limited availability. Upon receipt of an order which contains "Clearance" goods, Zomp will check availability. If the goods are no longer available the item will be removed from the order and the customer notified.
"Ordered on Request" goods are items that we are able to purchase from our suppliers or distribution channels but would not normally stock or are special items that manufacturers supply on demand. Due to the nature of the goods the following special rules apply in addition to Zomp 's other terms and conditions.
1. Goods are non-cancellable/returnable unless we have made an error or the goods are faulty. Consumers please note that due to the nature of the goods you are relinquishing your right of return under the Consumer Protection (Distance Selling) Regulations 2000, clause 15, by placing and order for an "Ordered on Request" item, and
2. quoted prices are valid for the time period stipulated on the quote, and
3. quoted prices are not subject to any volume, cash or value discounts.

The Consumer Protection (Distance Selling) Regulations 2000
1. Contracts for the purchase of goods by a Consumer and made over the telephone or through the Zomp website with the exception of certain excepted contracts (such as "Ordered On Request" products) are subject to The Customer Protection (Distance Selling) Regulations 2000 (‘the Regulations').
2. If the Regulations apply, Consumers may cancel goods purchased from Zomp by sending a written notice of cancellation to Customer Services by E-mail to service@zomp.net , by facsimile to 0845 225 6055 or by post/hand delivery to:
  
  Zomp Customer Services
  Unit 7,
  The Elms,
  Church Road,
  Harold Wood,
  Essex,
  RM3 0JU3.
  
  The notice of cancellation must be delivered within 7 working days of the day after date of delivery of the goods.
3. The Consumer will be responsible for the cost of returning the products if they exercise this right of cancellation under the Regulations. If the Consumer does not actually return the goods to Zomp, the Consumer is under a duty to make the goods available for collection at the Consumer 's expense from the address to which they were delivered.
4. The Consumer is under a duty to retain possession of the product(s) whilst awaiting return to Zomp and to take reasonable care of them during this period.
  
  Examples of non-reasonable care would be, but not limited to, breaking licensing seals on any software accompanying a product and/or activating or registering products, breaking the foil seals on consumables, utilising a product in excess of that required to consider it examined i.e. watching a movie on a projector and thereby reducing the lifetime of the included lamp. Please note the regulations are there to allow you to examine the product(s) purchased from Zomp as you would in a retail outlet, they are not designed to enable you to “trial” the products for suitability. If in any doubt please contact Zomp before considering any actions on a device that we may not consider reasonable care.
  
  Please also note that products must be returned in a "re-salable" condition and where possible accompanied by its original packaging. The Consumer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.
5. If the Consumer selects an express delivery option only the cost of our standard delivery charge will be refunded NOT the full amount of the express delivery as this is a premium service that would have already been exercised at the time of delivery.
Errors and Omissions
1. Zomp makes every effort to ensure that all prices and descriptions quoted in the Catalogue are correct and accurate. Notwithstanding the acceptance by Zomp of any offer and/or payment received from the Customer for any goods, if there has been an obvious "price error" or omission, Zomp shall be entitled to rescind the contract. Zomp 's 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 "price error," Zomp shall be entitled to either invoice the Customer for the difference between the quoted and correct price as confirmed in writing by Zomp after the "price error" has been discovered, or if the Customer shall prefer, collect the goods at Zomp 's expense and credit the Customer for any charges invoiced by Zomp .
  1. A "price error", is a price quoted in error by Zomp which is more than 10% less than the price that would have been quoted had the mistake not been made.
Insolvency of Customer
1. 1. This clause applies:-
  1. The Customer makes any voluntary arrangements with its creditors or becomes subject to an administration order, or being an individual becomes bankrupt or being a company goes into liquidation otherwise than for the purposes of amalgamation or reconstruction.
  2. An Encumbrancer takes possession or a receiver is appointed of any of the property or assets of the Customer ; or
  3. the Business Customer ceases or threatens to cease carrying on business; or
  4. Zomp reasonably ascertains that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
2. If this clause applies then without prejudice to any other right or remedy available to Zomp , Zomp shall be entitled to cancel any Contract(s) or suspend any further deliveries or services without any liability to the Customer and if goods have been delivered and not paid for then the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
18 WEEE Regulations and the Distributor Takeback Scheme

For all Goods sold in the UK which fall under the WEEE Regulations, the Business Customer shall ensure they follow the Producer's (i.e. manufacturer's) directions for disposal and recycling thereof. Zomp shall not be responsible for any costs thereof. Such directions can be found either accompanying the goods or on the manufacturer's website.

As Zomp is primarily an Internet retailer it is very difficult to organise the recycling of Consumers old equipment and as such has fulfilled its obligations by joining the Distributor Takeback Scheme (DTS) which funds the creation of recycling points nationwide. Consumers are required to log on to http://www.recycle-more.co.uk. for details of their nearest disposal and recycle operation in the UK and agrees to return all goods as directed on the site and in accordance with the Regulations. For Zomp's compliance statement and further details of Insight's obligations please go to http://www.zomp.net/policies/weee.html

Business Customers

Selling products directly to an end-user in another Member State is known as 'distance selling'. The WEEE Directive and Member State WEEE Regulations state that Zomp is not responsible for WEEE arising from distance sales of business products directly to the Business Customer in other Member States. Instead, it is the Business Customer's responsibility to ensure that goods which they buy through distance selling arrangements are managed in an environmentally responsible manner at the end of life and in accordance with the WEEE Regulations. In purchasing such products from Zomp the Business Customer agrees to comply with these Regulations and, in so doing, the Business Customer agrees to register with the WEEE Registry in Ireland.

Export Restrictions
1. The Customer acknowledges that the transfer of any of the products imported from the United States of America is subject to export control laws and regulation of the USA and any amendments thereof which restrict exports ad re-exports of hardware, software, technical data, and direct products of technical data, including services derived from the use of Products. The Customer agrees that it will not export products or any information and documentation related thereto, directly or indirectly, without first obtaining permission to do so as required from the United States of America Department of Commerce's Bureau of Export Administration or other appropriate governmental agencies to any countries, end-users or end-uses that are restricted by USA export laws and regulations and any amendments thereof which include, but are not limited to the following:-
  1. Restricted countries: Cuba, Haiti, Federal Republic of Yugoslavia (Serbia and Montenegro), Iran, Iraq, Libya, North Korea, South Africa (military and Police entities only), Syria and Vietnam.
  2. Restricted End-Users: Any end-user whom the Customer knows or has reason to know, will use USA imported products in the design, development or production of missiles and missile technology, nuclear weapons and weapons technology or chemical and biological weapons.
  3. Restricted End-Uses: Any use of USA imported Products related to the design, development or production of missiles and missile technology, nuclear weapons and weapons technology or chemical and biological weapons.
2. These restrictions change from time to time. If the Customer has any questions regarding its obligations under USA export regulations the Customer should contact the Bureau of Export Administration, United States Department of Commerce, Office of Export Licensing, Washington DC, USA +36 (202) 377 4811 or the local United States Consulate.
General
1. Nothing in these terms and conditions affects your statutory rights as a Consumer .
2. If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
3. Any waiver of a breach of this Agreement must be in writing, and any failure by either party to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
4. Any variation of this Agreement must be in writing and signed by a duly authorised Zomp official.
5. The headings are for convenience only and shall not affect the interpretation of this Agreement.
6. Any notices given under this Agreement shall be in writing and sent in the following order:
  1. by e-mail to the Contact Email Address of the Customer; or
  2. by fax to the Customer's last known fax number; or
  3. by first class pre-paid post to the last known address of the Customer, or, if the Customer is a limited company, its registered office.
7. These terms and conditions shall be governed by and construed in accordance with the laws of England & Wales and the parties submit to the non-exclusive jurisdiction of the English courts.
8. Zomp may at its discretion record telephone conversations and transactions for staff training, quality control and security purposes. Please also note that the majority of notices by Electronic Means are logged and archived for staff training, quality control, security and auditing purposes.