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Dynasoft Ltd - Terms and Conditions

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Terms of Sales and Service

OWNERSHIP OF EQUIPMENT - Dynasoft Ltd reserves the right to withhold any goods that appear in packing slips and invoices until full payment has been received satisfactorily from the customer.

PRICES - All prices given in currencies other than Euros vary with the day’s exchange rate and are given as additional information only. All prices and items that make up offers given to customers/clients cannot be taken individually and are only valid for the said offer.

PAYMENTS - All payments are due before delivery or at the latest, at the date specified on the invoice. If no dates are specified, payment is due 15 days after the due date on the said invoice. Failure to settle the invoice by the due date shall result in its amount being increased without prior notice of default, by interest at the legal rate plus five points. Additionally, without prejudice to the aforementioned interest Dynasoft shall be entitled, without prior notice of default, to increase the amount of the invoice by 20% with a minimum of €100, by application of the Jersey Commerce Code in order to cover unforeseen administrative expenses. Notwithstanding the foregoing, Dynasoft’s right to claim full compensation for the damages actually suffered shall not be precluded. All costs, such as bank charges, posting, or transport costs that might arise will be borne solely by the customer.

SOFTWARE LICENCES - Unless specifically included in the invoice, all computer equipment sold by Dynasoft Ltd does not include any software licences and, under no circumstances, will it be sold with any unlicensed software. Dynasoft Ltd will decline any responsibility that could arise should the customer load any unlicensed software after the equipment is sold to him.

WARRANTIES AND REPAIRS - Products sold by Dynasoft Ltd all carry a warranty starting with the date that appears on the invoice. Warranties vary depending upon the product sold. We reserve the right to change the length and breadth of all warranties at all times.

Warranties will be void if we feel that the items have been subject to tampering, wrong usage or unwarranted repair by the buyer or any third parties. This will also hold true should stickers identifying the part and serial numbers of the items sold or any such medium of identification have been removed. No claims will be received in any such case. The steps described in our RMA Policy section will have to be followed in case of any item becoming faulty.

DELIVERY OF GOODS – PERFORMED LABOUR SHEET - In the case of goods, all deliveries will be subject to the acceptance and signing of a delivery note. After such deliveries, the buyer will have to make sure that all items bought have been included in the shipment and that they are in good working order. If after 3 days after delivery has taken place, the buyer does not make known to us that some items are missing or have arrived faulty, we will consider that all items have been received correctly and will be wholly discharged of any claim that might arise in relation to the sale, short of issues that relate to the normal warranty offered on the goods. The effective date of the said delivery will always be taken to be the date that appears on the delivery note or the installation note duly signed by the customer.

In the case of services provided and any possible labour costs associated with such services, a labour sheet will be submitted to the customer for signing by him and all sums will be deemed as owed once the invoice has been issued. The invoice will always make a reference to the delivery note and/or the labour sheet.

REFUNDS - Only cash payments for goods purchased will attract a complete refund. Refunds for payments done through a credit card or a bank transfer will only be partial in that Dynasoft incurs charges that the buyer will have to support if he wishes to claim a refund. These charges are 6% of the initial amount paid. Please note that refunds for the sale of our software products, Dynasoft SurfShop and Dynasoft TeleFactura are not possible.

JURISDICTION - The conditions shall be subject to Jersey law. As regards possible litigation between the parties, the Courts of Jersey shall have exclusive jurisdiction.

Renting

PAYMENTS - All rental payments are due in advance of the first rental period unless credit terms have been established. Dynasoft Ltd offers Net 30-day terms upon receipt of invoice with approved credit.

OWNERSHIP OF EQUIPMENT - Dynasoft Ltd is the sole owner of the equipment. Dynasoft Ltd is renting the equipment to you and retains full title to the equipment.

RETURN OF EQUIPMENT - In the event that the equipment is no longer required at the end of the rental period, it is your responsibility to return the equipment to Dynasoft Ltd’s offices. Dynasoft Ltd requests that you use a national carrier and insure the equipment for it's replacement value or arrange with us for Dynasoft Ltd staff to pick up the equipment.

INSURANCE - You agree to keep the equipment fully insured against loss for the duration of this agreement. You agree to accept financial responsibility for any loss or damage to the equipment while on contract from Dynasoft Ltd.

RENEWAL - Your contract will automatically renew for an additional rental term if Dynasoft Ltd has not received the equipment by 6:00 p.m. local time on the return date.

BUY OUT - No purchase option or credits are available on a rental contract unless an Dynasoft Ltd Rent-to-Own or 10/75 clause has been included in this agreement before the commencement of the rental.

SOFTWARE - You agree to abide by all applicable licenses and copyright laws relating to any software installed or supplied on the equipment.

ACCEPTANCE OF EQUIPMENT - Acceptance of delivery or pick up of the equipment will serve as evidence that the equipment has been examined by you and found to be complete. The rental shall commence the day the equipment is delivered or picked up and will continue until the equipment is returned to Dynasoft Ltd.

JURISDICTION - The conditions shall be subject to Jersey law. As regards possible litigation between the parties, the Courts of Jersey shall have exclusive jurisdiction.

Leasing (See individual contracts)

Maintenance (See individual contracts)

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