Product Data Sheet / Brochure

components by their manufacturers,
suppliers or agents or if any recommended spare parts are not avail-
able (otherwise than due to MendIT’s fault).
9. PERSONAL DATA
9.1 In performing its Services under this Agreement MendIT may
process (albeit for diagnostic or investigative purposes only) your per-
sonal data. MendIT hereby warrants to you that in such circumstances
it will in respect of such personal data observe all the obligations
pertaining to a data processor under the Data Protection Act 1998
and will indemnify you against all breaches of the said Act by it in
respect of your data.
10. YOUR WARRANTY
10.1 You hereby warrant to MendIT that you have not been induced
to enter into these Terms by any prior representations or warranties,
whether oral or in writing, except as specifically contained in these
Terms and you hereby irrevocably and unconditionally waive any
right you may have to claim damages for any misrepresentation not
contained in these Terms or for breach of any warranty not contained
herein (unless such misrepresentation or warranty was made fraudu-
lently) and/or to rescind these Terms.
11. LIABILITY
YOUR ATTENTION IS IN PARTICULAR DRAWN TO THE FOL-
LOWING PROVISIONS
11.1 Subject to the provisions of clause 9, MendIT shall not be liable
for any loss or damage sustained or incurred by you or any third
party (including without limitation any loss of use of the Equipment
or loss or corruption of your programs or data) resulting from any
breakdown of or fault in the Equipment unless such breakdown
or fault is caused by MendIT’s negligence or wilful misconduct, its
employees, agents or sub-contractors, or to the extent that such loss
or damage arises from any unreasonable delay by MendIT in providing
the Services and then only to the extent not excluded by these Terms.
11.2 MendIT shall indemnify you and keep you fully and effectively
indemnified on demand against any loss of or damage to any property
or injury to or death of any person caused by any negligent act or
omission or wilful misconduct by MendIT, its employees, agents or
sub-contractors.
11.3 You shall indemnify MendIT and keep MendIT fully and effectively
indemnified on demand against any loss of or damage to any property
or injury to or death of any
person caused by any negligent act or omission by y
ou or your wilful
misconduct, or that of your employees, agents or sub-contractors.
11.4 Except in respect of injury to or death of any person (for which
no limit applies) MendIT’s liability is expressly limited to the cost of
repair including replacement of any hardware components of any part
of the Equipment which malfunctions in conditions of normal use or
the cost of replacement of the Equipment if the Equipment is not
economically repairable or due to non-availability of spare parts. This
limitation applies where any claim is made under this warranty or as a
tort claim (including negligence), a contract claim or any other claim.
11.5 Notwithstanding anything else contained in these Terms, MendIT
shall not be liable to you for loss of profits or contracts or other
indirect or Consequential Loss whether
arising from negligence, breach of contract or howsoever.
11.6 MendIT shall not be liable to you for any loss arising out of your
failure to keep full and up-to-date security copies of the computer
programs and data you use in accordance with best computing prac-
tice.
11.7 The level of your extended warranty cover provided by
MendIT will be limited to the price band applicable to the purchase
price of the Equipment (Inc.VAT), which will be stated on the face
of your Warranty Agreement (or to replacement of the Equipment).
11.8 This limited liability gives specific legal rights. You may also have
other statutory rights which are not affected by these Terms or any
exclusions or limitations in them.
12. WAIVER OF REMEDIES
12.1 No forbearance, delay or indulgence by either party in enforcing
the provisions of these Terms shall prejudice or restrict the rights of
that party nor shall any waiver of its rights operate as a waiver of any
subsequent breach and no right, power or remedy herein conferred
upon or reserved for either party is exclusive of any other right,
power or remedy available to that party and each such right, power
or remedy shall be cumulative.
13. ENTIRE AGREEMENT
13.1 These Terms supersede all prior agreements, arrangements
and understandings between the parties and constitute the entire
agreement between the parties relating to the subject matter hereof
(save that neither party seeks to exclude liability for any fraudulent
pre-contractual misrepresentations upon which the other party can
be shown to have relied). No addition to or modification of any provi-
sion of these Terms shall be binding upon the parties unless made by a
written instrument signed by a duly authorised representative of each
of the parties.
14. ASSIGNMENT
14.1 This MendIT warranty is personal to you and may not be as-
signed by you.
14.2 MendIT may assign its rights and obligations under these Terms
at any time by notice to you.
15. N
OTICES
15.1 All notices which are required to be given hereunder shall be
in writing and shall be sent to the address of the recipient set out in
these Terms or such other address in England as the recipient may
designate by notice given in accordance with the
provisions of this clause. Any such notice may be delivered personally
or by first class pre-paid letter or facsimile transmission and shall be
deemed to have been
served if by hand when delivered, if by first class post 48 hours after
posting and if by facsimile transmission when despatched.
16. INTERPRETATION
16.1 In this Agreement:
16.1.1 reference to any statute or statutory provision includes a
reference to that statute or statutory provision as from time to time
amended, extended or re-enacted;
16.1.2 words importing the singular include the plural, words import-
ing any gender include every gender and words importing persons
include bodies corporate and unincorporate; and (in each case) vice
versa;
16.1.3 any reference to a party to these Terms includes a reference to
his successors in title and permitted assigns;
16.1.4 the headings to the clauses are for ease of reference only and
shall not affect the interpretation or construction of these Terms.
17. LAW
17.1 These Terms shall be governed by and construed in accordance
with the laws of England and Wales.
18. DISPUTES
18.1 Any dispute which may arise between the parties concerning
these Terms shall be determined by the English Courts and the parties
hereby submit to the exclusive jurisdiction of the English Courts for
such purpose.
19. SEVERABILITY
19.1 Notwithstanding that the whole or any part of any provision of
these Terms may prove to be illegal or unenforceable, the other provi-
sions of these Terms and the remainder of the provision in question
shall remain in full force and effect.
20. THIRD PARTIES
20.1 The parties confirm their intent not to confer any rights on any
third parties by virtue of these Terms and accordingly the Contracts
(Rights of Third parties) Act 1999 shall not apply to these Terms.
MendIT Terms and Conditions Page 3