Unless expressly stated by MoCo Software Solutions Limited (MoCo) in writing, all quotations are made and All orders are accepted on the following terms and conditions:
In this Agreement the following words shall have the meanings set out below:
(a)“Agreement” means the terms of an Order and the terms and conditions set out herein;
(b)“Mobilize Services”means the supply and access to the Mobilize system to enable use of the software system;
(c)“Mobilize Services Agreement” means an agreement between MoCo and the Customer for the supply of Mobilize Services;
(d)“Mobilize Services Provider” means a third party supplier of Mobilize Services introduced to the Customer by MoCo.
(e)“Minimum Period”means the minimum term of the Mobilize Services Agreement as stated therein;
(f)“Order” means a request for Mobilize Products or Services signed by the Customer and delivered to MoCo;
(g)“Products”means the equipment supplied to the Customer as stated in the Order;
(h)“Services” means the ancillary services provided to the Customer by MoCo in connection with the Product as stated in the Order.
2.1 Each Order and these terms and conditions set out the terms and conditions of business between MoCo and the Customer in respect of the supply of Mobilize Products and Services. These terms and conditions shall govern the Agreement to the exclusion of any other terms and conditions subject to which the Customer has accepted or purported to have made an Order.
2.2 Each Order shall be binding on MoCo only after it indicates its acceptance by sending out a welcome letter to the Customer or commences provision of the Service whichever is earlier, prior to acceptance the Customer agrees that MoCo may carry out such credit checks as it deems necessary.
2.3 Any recommendations MoCo makes resulting in changes to the Customer’s software systems will be as a result of consultation with the Customer, and based solely upon the information provided to MoCo by the Customer, taking into account MoCo’s knowledge of the Mobilize products and services available in the industry.
3.1 Each Agreement shall commence on the date specified in the Order (or as otherwise notified to the Customer in writing by MoCo) and shall continue for a minimum period of the initial period stated and thereafter can be terminated by either party giving not less than one month’s notice in writing to the other party.
4.1 MoCo is the sole owner of Mobilize Services.
4.2 The Customer is responsible for the administration of the Mobilize Services Agreement and day to day administration of the software product.
4.3 MoCo will on request use reasonable endeavours to assist the Customer with any queries relating to the administration of Mobilize Services Agreements.
4.4 Where the Order states the monthly license costs, the stated amount will be collected by direct debit mandate monthly.
4.5 MoCo reserve the right to terminate the service immediately without prior warning at any time where the monthly payment to MoCo is not met.
4.6 The monthly licence fee will be applicable at all times for the full contract length even if MoCo terminates the service due to non payment.
4.7 Where any incentive is offered by any associated products manufacturer, MoCo is not responsible for payment of such sums or satisfaction of any such obligation to the Customer and the Customer hereby acknowledges that it must apply direct to the relevant third party for payment and/or performance.
5.1 MoCo shall supply the Products stated in the relevant Order subject to these terms and conditions.
5.2 Except for Bank Holidays and other public holidays, for the purpose of performing repairs and services in connection with the Product the normal working hours shall mean: 9am to 5.30pm Monday to Friday.
5.3 MoCo will endeavour to supply the Products and services by the contract start date specified in the Order. However, MoCo does not guarantee that delivery will be effected by such date and does not accept any liability in respect of late delivery for whatever reason.
5.4 MoCo reserves the right to alter specifications or designs at any time. No warranty, statement, or promise of any kind given by MoCo, its employees, agents or contractors shall be binding unless confirmed in writing by MoCo.
6.1 Where an Order states that a charge is made for the Mobilize Product, title to the Product passes to the Customer upon receipt of payment of the charge in full.
6.2 Risk in the Product shall pass to the Customer on delivery.
6.3 Unless otherwise stated, prices are quoted exclusive of VAT which will be charged in addition.
6.4 All invoices raised by MoCo for any associated Product are to be paid before products are dispatched.
6.5 MoCo reserves the right to amend rates and charges from time to time. The prices applicable shall be as stated in the relevant Order.
7. Warranty and Liability
7.1 Subject as expressly provided in these terms and conditions and except where the Goods and/or Services are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
7.2 Where the Goods and/or Services are sold or supplied under a consumer transaction (as defined by the Consumer Transaction (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affect by these terms and conditions.
7.3 A claim by the Customer which is based on any defect in the quality or conditions of the Goods and/or Services or their failure to correspond with the description stated in the Order shall (whether or not delivery is refused by the Customer) be notified to MoCo within seven days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Customer does not notify MoCo accordingly, the Customer shall not be entitled to reject the Goods and/or Services and MoCo shall have no liability for such defect or failure, and the Customer shall be bound to pay the price as if the Goods and/or Services had been delivered in accordance with the Agreement.
7.4 Where a valid claim in respect of any of the Goods and/or Services which is based on a defect in the quality or condition of the Goods and/or Services or their failure to meet specification is notified to the Seller in accordance with these terms and conditions, MoCo may replace the Goods (or the part in question) or re-perform the Services (in whole or in part) free of charge, or at MoCo’s sole discretion, refund to the Customer the price of the Goods and/or the Services (or a proportionate part of the price), in which case MoCo shall have no further liability to the Customer.
7.5 Except in respect of death or personal injury caused by MoCo’s negligence, MoCo shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Agreement, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of MoCo, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods and/or Services (including any delay in supplying or any failure to supply the Goods and/or Services in accordance with the Agreement or at all) or their use or resale by the Customer and the entire liability of MoCo under or in connection with the Agreement shall not exceed the price of the Goods and/or Services except as expressly provided in these terms and conditions.
7.6 MoCo shall not be liable to the Customer or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of MoCo’s obligations in relation to the Goods and/or Services, if the delay or failure was due to any cause beyond MoCo’s reasonable control.
8.1 Either party may (without limiting any other remedy) at any time terminate the Agreement by giving written notice to the other if the other commits any material breach of these terms and conditions and (if capable of remedy) fails to remedy the breach within 30 days after being required by written notice to do so, or if the other goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.
9.1 These terms and conditions (together with the terms, if any, set out in the Order) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
9.2 A notice required or permitted to be given by either party to the other under these terms and conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may be at the relevant time have been notified pursuant to this provision to the party giving the notice.
9.3 No failure or delay by either party in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right and no waiver by either party of any breach of the Agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
9.4 If any provision of these terms and conditions is held by any court or other competent authority or be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.
9.5 The Customer may only assign the benefit of an Agreement and any rights it may have under it either wholly or partly with MoCo’s prior written consent, such consent will not unreasonably withhold. MoCo may sub-contract and assign the benefit an all rights and obligations under an Agreement to a third party.
9.6 These terms and conditions shall be governed by and construed in accordance with the Laws of England and both parties herby submit to the exclusive jurisdiction of the English Courts.
Made payable to "MoCo Software Solutions Ltd"
MoCo Software Solutions Ltd
52-54 Riverside 2
Sir Thomas Longley Road
Kent, ME2 4DP
Credit or debit card payments can be accepted over the phone by calling 01634 227700 and asking for accounts receivable
Payment by BACs to the following bank account:
Account Name: MoCo Software Solutions Ltd
Account Number: 5 3 4 0 4 9 8 6
Sort-code: 2 0 – 3 8 – 8 3
for international payments:
IBAN: G B 5 6 B A R C 2 0 3 8 8 3 5 3 4 0 4 9 8 6
Swift Code: B A R C G B 2 2