Terms & Conditions

Terms & Conditions

In these Terms and Conditions "Company" means TAS Software Ltd and "Customer" means the person or Company that purchases the goods. "Goods" means the goods specified in the Company's invoice.

1. These terms and conditions apply to all contracts for the sale of Goods to, or provision of work for, the Customer to the exclusion of any terms and conditions specified by the Customer.

2. All prices quoted in brochures or catalogues are subject to confirmation at time of order and are exclusive of VAT which will be chargeable in accordance with legislation current at the date of supply.

3. Credit limits may be given to approved accounts at the sole discretion of the Company but the Company will require both bank and trade references. At its sole option the Company may cancel or amend a credit limit previously granted.

4. Payment of accounts must be effected within 30 days of Invoice date. Failure to effect payment when due will result in suspension of deliveries without prejudice to any other remedy which the Company may have.

5. Title in all Goods supplied by the Company shall vest in the Company until the Company has received full payment in respect thereof. Risk in Goods supplied passes to the Customer on despatch.

6. The Company warrants to the Customer only that any Goods supplied by it, function in accordance with any specification provided in documentation accompanying the Goods, provided always the Goods have been used strictly in accordance with the Company's instructions, and, without prejudice to the generality of the foregoing, have been used correctly in conjunction with a designated computer operating system.

All software products are licensed (not sold) in accordance with the terms expressed in the documentation included with the Goods.

Save as herein provided, all representations, conditions, warranties or other terms whether expressed or implied or whether statutory or otherwise are hereby expressly excluded. Under no circumstances shall the Company be liable to the Customer or to third parties for loss (including, but not limited to, loss of profit or data) damage or injury howsoever arising. In any event, the total liability the Company shall have to the Customer shall not exceed the value of the Goods covered by this invoice.

In the case of Goods not of the Company's manufacture, the Company will extend the Customer the benefit of any guarantee, warranty or condition which may have been granted to the Company by the supplier of the Goods and will take such steps as the Customer may reasonably require to enforce such rights but save as aforesaid no condition or warranty is given by the Company in relation to such Goods that are not of its manufacture.

The warranties in this clause in no way invalidate any statutory right of the Customer.

7. The Company operates a no returns policy. The Customers attention is drawn to the Returns policy outlined below, which applies solely to non acceptance of the software licence agreement or (and the purchase was made directly from TAS) to goods that are allegedly damaged, incorrect or short-shipped. No goods will be accepted for return and no credits will be issued in the absence of compliance with the procedure laid down.

If goods are allegedly damaged, incorrect or short-shipped and you wish to return them please contact sales administration on +353 1 642 0800 within 30 days of receipt of your order (which shall be deemed to be 2 days after dispatch by us). You will be given the following information:

• Account Number
• Returns Number (RAD)
• Collection date.

Your returns package must include the following:

• Returns number (so that the return can be identified)
• The items being returned for a credit in good condition
• Be clearly marked with the following address;
  
  TAS Software Ltd c/o Spectrum Print Management
  Unit 4044 Citywest Business Campus
  Naas Road
  Dublin 24
  
  Where the Customer orders incorrect goods it is the responsibility of the Customer to arrange for the goods to be collected and delivered back to TAS in accordance with the policy outlined above.
  
  In the event that this returns policy differs from that in the software licence agreement accompanying the software, the returns policy in the software licence agreement shall apply in place of the policy outlined above.

8. The following conditions apply to maintenance and support;

The Company's terms and conditions of maintenance and support are subject to and governed by the terms and conditions contained within the Company's' Software Licence Agreement entered into by the Customer.

The Customer understands that access to the Company's telephone help desk and the right to obtain updates to the Goods and such other support as may from time to time be notified by the Company to the Customer are available free of charge during any free trial period and thereafter are available on payment of the appropriate annual fee.

The Company will give the Customer the option to receive annual maintenance and support and the option to renew annually (on the Company's then current terms and conditions) by issuing an invoice to the Customer approximately 28 days before the anniversary of the date the Customer initially took out annual maintenance and support.

If the Customer wishes to renew the annual maintenance and support, the Customer must ensure that the invoice is paid prior to the expiry date of the then current annual maintenance and support period so that continuous cover is provided.

In the event that the Customer does not wish to renew annual maintenance and support the Customer must return the invoice (or any statement showing this invoice) to TAS marked "Cancel". Please note that updates to the Goods are only available to the Customer where the Customer has valid annual maintenance and support cover.

9. The following conditions apply to Customer's orders for printed material.

9.1 In general orders are accepted subject to the standard conditions of sales issued by the British Printing Industries Federation (a copy of which can be made available on request).

9.2 Without prejudice to the generality of the foregoing and for the avoidance of doubt, the Customer's attention is drawn particularly to the following:

(a) Metal, film and other materials owned by TAS Software Ltd and used in the production of type, plates, film-setting negatives, positives, artwork and the like shall remain the exclusive property of Sage Hibernia Limited. Such items when supplied by the customer shall remain the customers property.

(b) Type may be distributed and lithographic of other work effaced or otherwise disposed of immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent will be charged.

10. The failure by the Company at any time or for any period to enforce any one or more of these Terms and Conditions shall not be a waiver of them or a waiver of the right to enforce such Terms and Conditions on a future occasion.

11. Each of the above conditions shall be read and construed independently of each other so that if one or more is held to be invalid as an unreasonable restraint of trade, or for any other reason whatsoever, then the remaining Terms and Conditions shall be valid to the extent they are not held to be so invalid. Further, in the event that any Term and Condition shall be found to be void but will be valid if some part thereof were deleted then such Term and Condition shall apply with such modification as may be necessary to make it valid and effective.

12. The Customer is reminded that software programs are licensed and not sold and any licence granted is personal to the licensee. The Customer has no right of sale, lease, rent or hire of a software program to a third party unless the Company's prior and written permission has been obtained.

13. The Company shall not be responsible for any failure to perform its obligations hereunder due to circumstances beyond its control.

14. The contract between the Company and the Customer shall be governed by and construed in accordance with Irish Law.