General Terms and Conditions

Last Updated: 24 April 2009


"SCL" means Saunders Consultants Limited also referred to as "we" or "us" in these terms and conditions.


"Agreement" means this document in its entirety.


"Condition" means any one or more of the requirements of this Agreement.


"Business Customer" means a customer who is not a Consumer.


"Consumer" means an individual who is not acting for the purposes of his or her business or profession.


"Customer" means the party with whom SCL is dealing.


"Advertisement" means any media where we advertise our goods or services, including but not restricted to: print, radio, television, web sites owned by us, web sites owned by third parties.


"Catalogue" means the catalogue of products and services offered by SCL.


"Normal Working Hours" means 9 am to 5 pm on a Working Day.


"Working Days" means Monday to Friday, excluding Bank or other Public holidays.


"Force Majeure" means any cause affecting the performance by SCL of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not restricted to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.


Please note special terms apply to Consumers, which prevail over the other provisions of these terms and conditions. Customers who are Consumers are referred to Clause 13.


All contracts of sale made by SCL shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom SCL is dealing. Cancellation of orders by Business Customers is not accepted as many orders are dispatched on the same day the order is placed. Cancellation of orders by Consumers will be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000. Nothing in these terms and conditions is intended to impinge upon a Consumer's statutory or contractual rights to reject faulty goods.


All orders are subject to acceptance and to availability of the goods ordered: SCL is entitled to refuse any order placed by you.


You undertake that:

a) all details you provide to us for the purpose of purchasing goods or services offered in any of our advertisements are correct, and

b) the credit or debit card you use to make a purchase from us is your own card or your company's card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.


Please note, SCL may record and/or monitor inbound and outbound calls and electronic traffic for training purposes.


You may only place orders and make communications with us in English, and all contracts concluded between us will be in English.


You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from us. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchased.

Any taxes or import duties will be the responsibility of the purchaser.


Goods and services are invoiced at the price prevailing at time of order.


SCL reserves the right to modify the prices from time to time.

4.Delivery, Title and Risk

SCL 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 Customer who is a Consumer shall be entitled to cancel an order when advised of a delay if the revised delivery date is not acceptable.


In the case of a Business Customer, if SCL is unable to deliver the goods within 30 days of the agreed delivery date, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to SCL in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to SCL after the above date but before delivery of the goods or notification from SCL that the goods are ready for delivery. This Clause does not apply to Consumers.


In the case of Business Customers, SCL does not accept liability for shortages or damage to deliveries unless the Customer notifies SCL of 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.


Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.


Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.


Title in the goods does not pass to the Customer until payment is received in full by SCL.


If the Customer cannot accept delivery, SCL may at its option:

a) store and insure the goods at the Customer's expense and risk or

b) 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

c) re-arrange delivery provided that SCL may charge the Customer for the additional delivery costs incurred.


The Customer may request a Proof of Delivery, provided that this request is made in writing within 3 months of the date of delivery and SCL shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.


Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. SCL shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.


Payment is due on shipment unless a Customer has been approved for credit. SCL's standard credit terms require payment within 14 days from the date of the invoice, except in the case of transactions where different terms are agreed in writing.


Payment may be made by cash, cheque, postal order, bank transfer, or credit/debit card via NoChex or PayPal.

If a third party venue where we advertise our goods or services, proscribes any of these payment methods, then that venue's acceptable payment methods policy shall apply to any sales resulting from that venue. If this is the case, the third party policy can only reduce the list of payment methods above, not add to it.

6.Product Specifications

SCL 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.


If SCL cannot supply the goods ordered by the Customer, SCL 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 SCL in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.


SCL has to adhere to manufacturer guidelines stipulating that a given defect(s) is deemed acceptable before an item is accepted for replacement on grounds of fault.

For example, due to the current manufacturing methods of active matrix display panels, a small percentage of sub-pixel anomalies (i.e. a pixel that is stuck on or off) are accepted by the industry as unavoidable. Accordingly, because the manufacturing yield of perfect active matrix panels is low, displays may have some sub-pixels that are either always on or off. The cost of accepting only theoretically perfect displays would almost double the price of a portable computer using an LCD screen. Please be aware of this before purchasing a TFT screen or a product incorporating a TFT screen.

7.Trade Names & Trade Marks

Trade names and marks (other than SCL'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.


In the case of component purchases where our advertisement does not clearly state the brand, Customers requiring a particular brand of product should, before placing an order, check with SCL the identity of the manufacturer of the component it is proposed to purchase.


SCL and the Business Customer/Consumer acknowledge the intellectual property rights of the suppliers and manufacturers of the products appearing in SCL's advertisements.

8.Warranties & Returns

Please note that special terms apply to Consumers who wish to return goods, which prevail over the provisions of this Clause 8. Customers who are Consumers are referred to Clause 13.


SCL is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.


All goods are warrantied for the period specified in our advertisement.


If you purchase goods in the course of your business, 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.


If you purchase services in the course of your business, the following provisions of this Clause shall apply. SCL shall use its skill and expertise to carry out any contracted works (the "Service(s)") 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 SCL Services' Engineers or its contracted agents. In the event of a claim arising relating to the level of skill and judgement applied in the course of providing Services, SCL 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 Service(s). Additionally, SCL cannot be held responsible for equipment installed or configured when the equipment has subsequently been altered or configured by persons other than SCL. Except as set out here, all other express or implied terms or warranties relating to the Services are excluded to the fullest extent permitted by law.


Subject to the right of Consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000 (see Clause 13), SCL 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 price discounts issued by a manufacturer specifically for their benefit. Such goods are not returnable to the manufacturer and may not be sold to other Customers. Accordingly, orders for such goods may not be cancelled and SCL can only return or repair goods where they prove to be defective and the goods are returned for repair or replacement.


In the event that SCL, at its discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 13), agrees to accept the return for credit of unwanted goods, the goods must be returned with SCL's prior written agreement within 14 days of delivery. The goods must be unopened, with the manufacturer's seals intact and in perfect re-saleable condition. All goods returned in these circumstances (except where the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 13) will be subject to a 25% re-stocking fee of SCL's sale price for the goods. Please ensure that the goods you have purchased are to your specification prior to breaking the manufacturer's seals. This will avoid disappointment and the goods being rejected, should you wish to return them.


No contract shall be cancelled once accepted by SCL nor shall any goods which are delivered in accordance with the contract be returned without the prior written approval of SCL and on terms to be determined at the absolute discretion of SCL.

a) SCL's Technical Support staff or Customer Support staff, as appropriate, 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 at your cost. If the goods are found on inspection to be defective, the cost of returning the goods will be refunded to you. Authorised goods returns must be sent to: Returns Department, Saunders Consultants Limited, 27 Fowey Avenue, Torquay, Devon, TQ2 7RE, United Kingdom.

b) A goods Returns Authorisation Number (RAN) must be obtained from SCL for each and every return so that we are able to administratively process your return, otherwise we have no means of identifying the goods being returned. This may result in difficulties in returning monies. The RAN must be clearly shown on each parcel returned, and must be in the original manufacturer's packaging (which shall not be defaced) complete with accessories, manuals and documentation. Software packages must be returned unopened with the software seals intact. Except in the case of faulty goods, returned items not complying with these requirements will be rejected.

c) SCL cannot accept liability for packages damaged during transit. It is the Customer's responsibility to wrap the goods adequately to prevent damage.

d) Proof of postage is not proof of delivery and you are therefore strongly advised to send your package(s) by Recorded Delivery, Special Delivery or courier, and to insure the goods for their full value.

e) On receipt of the returned goods, if following the testing process, the goods are found to be in good working order without defect, we will return the goods 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 replacement goods before completion of the testing process, you will have to pay for these goods as well. This Clause does not apply to Consumers returning goods pursuant to Clause 13.

f) Where goods carry a 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 will refer you to the manufacturer of the goods 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.

g) 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.

h) No software on which seals have been broken can be returned for credit. If any software discs are faulty, the manufacturer will replace them. If you are a Consumer this does not affect your statutory rights. Please note Software Licences are non-returnable unless the software is materially non-compliant with its specification or the physical media on which it is supplied is defective.


This clause shall not apply to:

a) Bespoke goods made to your specifications; and

b) Sealed computer software which has been opened by you.

9.SCL's Liability

In its dealings with Business Customers, SCL shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted 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). SCL's liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.


Nothing in this agreement shall limit SCL's liability for death or personal injury caused by its negligence.

10.Health & Safety

SCL confirms that the goods it supplies as a distributor do not present a hazard to health and safety:

a) when properly used for the purpose for which they are designed; and

b) if the Customer takes reasonable and normal precautions in their use.

11.Force Majeure

SCL shall not be liable to the Business Customer/Consumer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of SCL's obligations in respect of the goods or services, if the delay or failure was due to any cause beyond SCL's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond SCL's reasonable control:

a) act of God, explosion, flood, tempest, fire or accident;

b) war, threat of war, terrorism, threat of terrorism, sabotage, insurrection, civil disturbance or requisition;

c) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

d) import or export regulations or embargoes;

e) strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of SCL or of a third party);

f) difficulty in obtaining materials, labour or machinery; and

g) power failure or breakdown in machinery.


If we are unable to provide you with your goods or services within a reasonable time due to circumstances outside our control, we shall either agree a new timescale with you for the delivery of the goods or services, or either of us may decide to terminate the contract in which case we will return any prepayments that you have made in full.

12.Clearance Goods

Goods sold as clearance are downgraded goods that SCL is able to offer at a discount on the normal catalogue price. Stocks of goods offered as clearance are limited and 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 SCL's other terms and conditions, except those terms and conditions specifically covering Consumers.


Products are non-returnable unless we have made an error or the goods are faulty.


Prices are not subject to value, cash or volume discounts.

13.The Consumer Protection (Distance Selling) Regulations 2000

Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through any web site operated by SCL, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 ('the Regulations').


If the Regulations apply, Customers may cancel goods purchased from SCL by sending a written notice of cancellation by post or hand delivery addressed to Customer Services, Saunders Consultants Limited, 27 Fowey Avenue, Torquay, Devon, TQ2 7RE, United Kingdom or by e-mail to


The notice of cancellation must be delivered within 7 working days of the day after date of delivery of the goods.


The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to SCL, the Customer is under a duty to make the goods available for collection at the Customer's expense from the address to which they were delivered.


The Customer is under a duty to retain possession of the goods whilst awaiting return to SCL and to take reasonable care of them during this period. The Customer will be liable for any loss of, or damage to, the goods if he or she fails to comply with this obligation.


This statutory right applies to all of our products, with the following exceptions:

a) digital goods supplied via download and/or e-mail;

b) software products where the box has been opened and/or the seal broken;

c) bespoke goods made to the Consumer's own specification.

14.Errors & Omissions

SCL makes every effort to ensure that all prices and descriptions quoted in its catalogue and in its advertisements are correct and accurate. However, in the case of a manifest error or omission, SCL will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer's order and/or received payment from the Customer.

SCL'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 manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by SCL after the manifest error has been discovered.


A 'manifest error', as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by SCL which is more than 10% less than the price that would have been quoted had the mistake not been made.

15.Data Protection

SCL's treatment of data is carried out in accordance with the provisions of the Data Protection Act (1998).

16.General Terms of Business

Nothing in these terms and conditions affects your statutory rights as a Consumer.


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.


Any waiver of a breach of this Agreement must be in writing.


Any variation of this Agreement must be in writing and signed by a duly authorised SCL official.


The headings are for convenience only and shall not affect the interpretation of this Agreement.


Assignment. You may not transfer any contract made with us under this Agreement, as it is personal to you, without written authority from us. This authority will not be refused without good reason.



This clause applies if:

a) the Business Customer/Consumer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction);

b) An encumbrance takes possession, or a receiver is appointed of any of the property or assets of the Business Customer/Consumer; or

c) SCL reasonably apprehends that any of the events mentioned above is about to occur in relation to the Business Customer/Consumer and notifies the Business Customer/Consumer accordingly.

If this clause applies then without prejudice to any other right or remedy available to SCL, SCL shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Business Customer/Consumer and if the goods have been delivered but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.


Customer Service queries.

SCL shall make every reasonable effort to resolve or acknowledge by post, telephone or email any queries which the Business Customer/Consumer has made within 2 Working Days of receipt of any such query.

SCL shall make every reasonable endeavour to respond to complaints within 7 Working Days and keep the Business Customer/Consumer reasonably notified of any progress thereafter.

SCL may record and/or monitor inbound and outbound calls and electronic traffic for training purposes.


Third Party (Rights) Act 1999.

No third party shall be allowed to enforce any rights under this contract.

The parties hereby exclude the application of the Contracts (Rights of Third Parties) Act 1999 to each and every contract made under these Conditions.


No Waiver.

SCL's failure to insist upon strict performance of any provision of this Agreement shall not be deemed a waiver of its rights or remedies in respect of any present or future default of the Business Customer/Consumer in performance or compliance with any of these Conditions.



Any notice required or permitted to be given by either party to the other under this Agreement shall be in writing, addressed to the other party at its Registered Office or principal place of business, or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.

Notice shall be delivered personally or sent by first class prepaid recorded delivery or by registered post (airmail if overseas) and shall be deemed to be given in the case of delivery personally on delivery and in the case of posting (in the absence of evidence of earlier receipt) 2 Working Days after posting (7 Working Days if sent by airmail).



If any provision of this Agreement is held by any competent authority to be invalid or unenforceable, in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.


Complaints Procedure.

In the unlikely event that you have a complaint concerning an order through SCL, either:

a) e-mail We will acknowledge receipt of your e-mail within 2 working days. If you do not receive a confirmation during this timeframe, please check your spam/trash folder and if no message is found, assume that your original e-mail has not been received and therefore it needs to be re-sent, or an alternative communication method employed.

b) write to Complaints Department, Saunders Consultants Limited, 27 Fowey Avenue, Torquay, Devon, TQ2 7RE, United Kingdom.

A senior manager at SCL will personally deal with your complaint and you will be kept informed during all stages of the complaints procedure.



The contract shall be governed by and interpreted in accordance with the laws of England & Wales and the Business Customer/Consumer agrees that the English courts shall have jurisdiction to resolve any disputes between us.



Product images are provided for illustrative purposes only and the actual product you receive may differ from the image displayed in the catalogue or in our advertisement, especially with generic products.


Disclosure Statement.

This is a commercial Web site and as such promotes, endorses, or suggests products and services for sale. Our recommendation or suggestion is always based on our good faith belief, which to the best of our knowledge at the time of writing, that the product or service and its author(s)/creator(s) will provide valuable information or service. A financial incentive will never influence our editorial opinion.

In some cases, we will be compensated if you decide to purchase a product or service based on our recommendation or suggestion. If we have received the product or service for free for the purpose of review, then this fact will be disclosed in the review.

We would recommend in the strongest possible terms that you ALWAYS conduct your OWN due-diligence before making any purchases. NEVER purchase anything which you cannot afford. Many people do nothing with the products and services they buy, so inevitably their typical results are zero.

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