1.1 These terms and conditions will form the contract between you and us.
1.2 The following definitions shall have the following meanings:
1.2.1 “Services” means the services described in any quotation issued by us either in paper form through our Website;
1.2.2 “IBM” or “Lenovo”means the company referred to in the provided Terms and Conditions”;
1.2.3 “IBM ServicePac Terms and Conditions” means the terms and conditions set out at the URL http://www.ibm.com/link/services/servicepac/emea/pdf/terms_eu.pdf
1.2.4 “Website” means the URL europlusdirect.com
1.2.5 “we”, “our” and “us” means and refers to Europlus Direct Limited (Company Number 05206766 ) whose registered office is at 2 Airport West, Lancaster Way, Leeds, West Yorkshire, LS19 7ZA, United Kingdom; and
1.2.6 “you” and “your” means and refers to the legal entity purchasing the Services
2.1 These terms and conditions are separate from any other contract, which you have entered into with us for other products or services and are only relevant in the context of the Services.
2.2 These terms and conditions and any quotation issued by us shall constitute the entire agreement between you and us.
2.3 The contract between you and us will start once we have agreed in writing to your request to arrange for the purchase of the Services by you from IBM or Lenovo or both.
3. Appointment as agent
3.1 You agree to appoint us as your agent for the purpose of arranging the purchase of Services by you from IBM, Lenovo or both.
3.2 You agree that we shall on your behalf:
3.2.1 purchase the Services, subject to Terms and Conditions of the manafacturer; and
3.2.2 register the Services using the ‘Online ServicePac Registration System’
3.3 You agree that the Services will be provided by IBM/Lenovo and not Europlus.
3.4 Your rights against IBM/Lenovo are explained in the Terms and Conditions, which Europlus Direct will agree to on your behalf. You warrant that you have read and understood such terms and conditions and agree to be bound by the same.
4.1 If you are purchasing the Services using any method other than the Website, the charges for arranging the purchase of the Services by you from IBM/Lenovo are detailed in the quotation.
4.2 If you are purchasing the Services using the Website, the charges for arranging the purchase of the Services by you from IBM/Lenovo are detailed in the shopping basket within Website.
4.3 All charges are exclusive of VAT/applicable sales tax, which shall be payable in addition by you.
4.4 All charges must be payable by you in advance. We shall not be able to arrange the purchase of the Services by you from IBM/Lenovo or both until we have received payment in full of the charges.
5.1 We will be liable if you are injured or die as a result of our negligence.
5.2 As we are not providing the Services you agree that we shall not be liable to you in contract, tort (including negligence or breach of statutory duty) or otherwise for any of the following losses or damages, whether direct or indirect, arising out of, or in connection with, the supply, non supply or delay in supplying the Services by IBM/Lenovo:
5.2.1 loss or damage incurred by either party as a result of third party claims;
5.2.2 loss of actual or anticipated profits and economic losses;
5.2.3 loss of business opportunity;
5.2.4 injury to reputation.
5.3 Our total aggregate liability to you in connection with our obligations under this contract, shall be limited to an amount of money which is equal to the charges payable by you to us.
6.1 Save in relation to your obligation to pay any outstanding charges, your and our obligations under this contract shall terminate once you have successfully purchased the Services from IBM or Lenovo. This will be confirmed by our issuing you with an ‘activation confirmation’ in writing.
6.2 We will do our best to resolve any disputes between you and us. We will deal with all disputes and complaints in accordance with our code of conduct.
6.3 This contract represents the entire understanding between you and us in relation to its subject matter and supersedes all agreements and representations made by either party, whether oral or written.
6.4 If you are not located on mainland within a country where IBM or Lenovo Services has availability, please contact us. Unfortunately we are not able to offer ServicePac or ServiceSuite on these islands.