These Terms and Conditions are effective from 06 March 2007 until further notice.

1. Definitions

You, the Customer a person or company buying services from us.
Consumer a private person buying Products for private use. If you are a Consumer, please find your specific rights and exceptions in Section 19.
Service Provider NANOMAR or its authorised Service experts.
Software computer operating systems, middleware or applications.
Service means general service and support carried out by NANOMAR Service Provider in accordance with the Service Offering.

2. Application

This Agreement applies to this sale, Service and all statements made by NANOMAR brochures, price lists, adverts, quotations, on the internet or verbally. Any variations to this Agreement must be confirmed by NANOMAR in writing. Any other Terms and Conditions are excluded. Placing your order means acceptance of this Agreement. This Agreement does not apply to Product purchases from a reseller or distributor nor is it a reseller or distribution agreement.

3. Price & Payment Terms

Products and Service Offering prices, tax, shipment, insurance and installation are as shown on your invoice. Changes to exchange rates, duties, insurance, freight and purchase costs (incl. for components and Services) may cause NANOMAR to adjust prices accordingly. Payment will be made before supply or Service or, if agreed, within 30 days of the invoice date without further notice from NANOMAR. Payment timing is of the essence. NANOMAR may suspend deliveries or Service until full payment for that order. If payment is late, and you purchase as a company, the maximum statutory interest rate will apply on the late amount and if you purchase as a Consumer, interest will be at 2% above the minimum lending rate on the late amount. In either case, the costs of recovery shall be payable by you. Cheques may only be accepted conditionally.

4. Delivery/Title/Risk

The delivery period in the Order Confirmation is approximate. Delivery by instalments may be made. The place of delivery is stated in the Order Confirmation. Title to Product passes on full payment and until then you must insure and store our goods separately and you may not modify, pledge or sell them. NANOMAR may enter the storage premises to repossess the goods. Should you sell them before title passes, you will become NANOMAR’s agent and the proceeds of that sale shall be held on our behalf, separately from your general funds.NANOMAR may sue for the Price before title passes. If you refuse delivery without NANOMAR’s agreement, you must pay NANOMAR's expenses or loss resulting from that refusal, including storage costs, until you accept delivery. Risk of the loss of the goods passes to you on delivery.

5. Acceptance

When you receive Product you must inspect it for any defects or non-conformity within 7 days. After this period, you will have accepted Product. If NANOMAR agrees to the return of Product at its choosing, it must be in its original condition with packaging, a return note and proof of purchase; the return costs may also be payable by you.

6. Warranty

Unless otherwise stated, NANOMAR guarantees to you any branded Products will be free from defects for 12 months from delivery and spare parts for 90 days from installation or delivery date, whichever is the earlier. Should Product be defective within this period, NANOMAR will repair or replace Product within a reasonable time. All reasonable care and endeavour shall be used to resolve problems within a realistic period in the circumstances. Notebook batteries are delivered with one-year warranty (not upgradeable).NANOMAR warranty is given in place of all implied warranties and that such implied warranties are excluded to the fullest permitted extent.NANOMAR may revise its limited warranties from time to time but any such change will not affect products ordered by you prior to the date of such change.
NANOMAR does not give a warranty guarantee protection for:
damage caused by incorrect installation, use, modifications or repair by any unauthorised 3rd party or yourself;
damage caused by any party (except NANOMAR) or other external force;
fitness for any particular purpose;
3rd Party Products, Software and IM specified by you. You will receive the warranty or licence for these products directly from their manufacturer or licensor;
any instruction given by you and correctly performed by NANOMAR
You must provide NANOMAR with all reasonable courtesy, information, cooperation, facilities and access to enable NANOMAR to perform duties, failing which NANOMAR shall not be obliged to perform any Service or assistance. You are responsible for the removal of non NANOMAR supplied products during Service, the back up and confidentiality of all data in Product and all of your legal and regulatory requirements.
Please note that your calls to NANOMAR may be monitored for training purposes.

7. Services

will be provided by NANOMAR or Service Provider. Response times are estimates and may vary according to the remoteness or accessibility of Product location. Service may be provided via telephone or internet where appropriate. You must allow NANOMAR to examine Product at your or NANOMAR’s premises (at our choosing). NANOMAR owns any replaced Product or parts resulting from repair and will charge Customer if these are not returned upon request.
Unless stated in Service Offering, the following are excluded from Service: work outside local working hours, weekends or on public holidays, items excluded from Warranty, changes to configuration, relocation, preventative maintenance, consumables, diskettes, unnecessary work in NANOMAR's assessment, electrical environment, transfer of data or Software, viruses. 3rd Party Products will be repaired according to manufacturer or licensor warranty. Parts not critical to Product function (e.g.: hinges, doors, cosmetic features, frames) may not be serviced within Service Offering time period.

NANOMAR does not accept liability for 1) indirect or consequential loss, 2) loss of business profits, salary, revenue, savings, 3) damage remedied by Delay within reasonable time, 4) loss avoidable by you through reasonable conduct, including backing up all data and following Dell's reasonable advice generally, 5) all items excluded from the Warranty or by Force Majeure.

8. Force Majeure

NANOMAR is not liable for delays in performance (incl. delivery or Service) caused by circumstances beyond its reasonable control and will be enleadind to a time extension for performance; examples include strikes, terrorist acts, war, supplier / transport / production problems, exchange fluctuations, governmental or regulatory action and natural disasters. If this lasts more than 2 months, this Agreement may be terminated by either party without compensation.

9. Confidentiality

Each party must treat all information received from the other marked "confidential" or reasonably obvious to be confidential as it would treat its own confidential information.

10. Termination

NANOMAR may terminate this Agreement with immediate written notice if you: 1) fail to pay on time, 2) breach or NANOMAR suspects you have breached export control laws. Either party may terminate if the other: 1) commits a material or persistent breach of this Agreement and fails to remedy this within 30 days of written notice from the other; or 2) becomes insolvent or is unable to pay debts as they fall due.

11. Your obligations as a Customer

You are responsible for:
(1) your own choice of Product and its suitability for purpose;
(2) your telephone & postal charges in contacting NANOMAR if any;
You must provide NANOMAR with all reasonable courtesy, information, cooperation, facilities and access to enable NANOMAR to perform duties, failing which NANOMAR shall not be obliged to perform any Service or assistance. You are responsible for the removal of non NANOMAR supplied products during Service, the back up and confidentiality of all data in Product and all of your legal and regulatory requirements.
Please note that your calls to NANOMAR may be monitored for training purposes.

12. Data Protection

Your data will be held and/or transferred in strict accordance with the applicable data protection laws and NANOMAR’s data protection registration. You consent to your personal data being transferred to a NANOMAR company outside of the EEA. You may instruct NANOMAR not to use your data for direct marketing purposes.

13. Consumer Rights

If you are a Consumer you may cancel your purchase at any time within 7 working days of receipt without cause and receive a refund of the Price paid. To do this you must inform NANOMAR in writing and return the products immediately, in the same condition you received them and at your own cost and risk. Any statutory Consumer rights are unaffected by this Agreement. This does not apply to any business customer or user.

14. Jurisdiction

English law and the exclusive court jurisdiction of the English courts will apply to this Agreement. The Vienna Convention on Contracts for the International Sale of Goods is excluded.

If any part of the Agreement is found to be invalid or unenforceable by a court, the rest is unaffected. NANOMAR may subcontract, assign or transfer its obligations or rights to a competent third party whether in whole or in part. You may not assign or transfer any of your obligations. All notices must be in writing (by hand, email, fax or 1st class post deemed delivered 48 hours after posting) and sent to a legal officer of either party.