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| Standard Terms |
1.1 GENERAL
These are the Terms and Conditions of Sale for Datel Business Systems Ltd (hereinafter referred to as the company).
These Terms and Conditions of Sale shall form the basis of the contract between the company and the client.
No alterations to these conditions either in inference or contract will be accepted unless expressly stated in writing by the Managing Director of the company. These Terms and Conditions of Sale shall apply to all orders accepted by the company, including sales made online by electronic means and any or all additions and alterations thereto.
These Terms and Conditions of Sale override any Terms and Conditions of Purchase that the client may include as part of his/her instructions to the company, whether written, electronic, oral or otherwise.
1.2 SCOPE
These Terms and Conditions of Sale apply to the supply only and/or supply, delivery, installation and commissioning (including final testing and customer training, if applicable) of data/voice cabling infrastructure and data/voice communication equipment the subject of the companies written or verbal specifications/quotations previously submitted to the client.
The company reserves the right to extend the scope of these Terms and Conditions of Sale to apply to any other products/services that it might add to it’s product and/or service portfolio in the future.
Provide on-site training commensurate with the amount of training agreed to by the company in the order specification/quotation, to cover technical administration, if required and end-user training for all installed systems.
Additional training may be provided at the request of the client, at a cost to be agreed with the client at the time of request.
We undertake to always carry out all works in a workmanlike manner and to a good standard of workmanship.
Commissioned systems to be certificated and handed over to the clients nominated representative on completion. The company reserves the right to distribute the commissioning/handover certification and/or any end user manuals/instructions to the clients representative in electronic format or otherwise and at its option by any means it thinks suitable (i.e. post, e-mail, fax etc).
Scope is also extended to any purchase made by the client using its online store at www.datelnet.co.uk.
1.3 ACCEPTANCE
The company reserves the right to accept all orders.
A binding contract shall exist between the company and the client on receipt by the company of a correctly signed and dated copy of its order confirmation from the client. The company may at it’s discretion and from time to time, choose to accept orders by e-mail, fax or other means from the client. This shall not in any way dilute the companies Terms and Conditions of Sale, which shall apply at all times.
These Terms and Conditions of Sale will have effect from the date of receipt by the company of it’s completed order confirmation at its offices and/or, with the prior written agreement of the company, the date on which the client agrees to enter into a contract with the company by the issuing of his/her instructions, either in writing or verbally, by letter, telephone, e-mail, fax or by other means.
Quotations/specifications may be withdrawn or revised at any time prior to receipt of a signed copy of the companies order acceptance from the client, or at the companies option, confirmation in writing of acceptance of an order to the client from the company. Thereafter no changes to quotation/specifications will be accepted without the companies written agreement.
Where it becomes necessary to vary or amend any quotation/specification due to circumstances beyond the companies control, the company hereby reserves the right to supply a suitable alternative product that meets with or exceeds the minimum specification originally quoted/specified for. The client has the right to reject any alternative product offered if it is reasonable to do so, in which case the company further reserves the right to offer a further alternative product for approval by the client.
1.4 TERMS AND CONDITIONS
a) No communication from the company or its agents shall be of any contractual effect or be relied on as a representation condition or warranty unless incorporated in the companies order acceptance, or confirmation of order in writing and no variation of these conditions of any contract terms shall be effective unless confirmed by the company in writing.
b) Unless otherwise confirmed by the company in writing these Terms and Conditions of Sale shall apply to the exclusion of all other terms, conditions and warranties whether express statutory or implied to the extent that such other terms, conditions and warranties are inconsistent herewith.
1.5 LIABILITY FOR DEFECTS
a) The company has based the specifications for all equipment the subject of its quotations/specifications and as previously submitted to the client, either verbally or otherwise, on the verbal or written instructions of the client. The company is satisfied that the equipment specified will satisfy the requirements of the client insofar as it understands the client’s requirements. The client hereby agrees that all verbal and/or written representations made to the client regarding it’s requirements are complete and correct and indemnifies the company against any later claim for non-performance the result of any inadequacy of the clients original instructions.
b) The company warrants that it will make good by replacement, or (at the companies option) by repair, any defects in the goods supplied which arise out of faulty design (other than a custom design made, furnished or specified by the client for which we disclaim responsibility) or the use of faulty materials or bad workmanship on the manufacturers part and which are notified to the company within one year (15 years in the case of internal structured cabling systems) from the date of dispatch or installation to the client provided that:
i) The client shall have used the goods properly and in accordance with the manufacturers instructions without un-authorized modification, and;
ii) The goods are returned to the company (in the case of supply only) if the company so request, and;
iii) The companies liability shall be limited to delivery and installation of the repaired or replacement goods only, free of charge to the original contractual place of delivery/installation, and;
iv) These Terms and Conditions of Sale shall apply to the repaired or replacement goods.
c) Subject to paragraphs b) and d) hereof, the company shall be under no liability whatsoever for any breach of contract, howsoever arising, whether of any express or implied condition, warranty or terms of the contract (and whether amounting to a repudiation of fundamental breach or not) nor for negligence including mis-statement either in tort or contract otherwise nor, beyond the terms of paragraph b), for any loss, injury or damage whether direct or consequential where flowing from any defect latent or otherwise and whether or not attributable to any delay in repair or replacement by the company and whether in tort or contract or otherwise.
d) Nothing in this condition shall be construed as excluding or restricting liability for death or personal injury resulting from the companies negligence as defined in Section 1 of the Unfair Contract Terms Act 1977.
1.6 DELIVERY
The client will be advised by the company either in writing or verbally of the delivery/commencement date and likely duration of any works at least 24 hours prior to works commencing unless agreed otherwise with the client, notwithstanding the following and the provisions of Clause 2.7.
a) Delivery shall be as stated above and shall be extended appropriately if the company is delayed by reason of an event of Force Majeure as defined in Clause 1.7 herein.
b) Whilst the company will endeavour to maintain delivery dates, it is a condition that the company shall not be liable for damages (direct, consequential or otherwise) for later delivery, nor under any other liability in respect thereto.
1.7 FORCE MAJEURE
The company shall be relieved of all it’s obligations under these Terms and Conditions of Sale, to the extent to which fulfilment thereof is prevented, frustrated or impeded as a consequence of any circumstances outside the companies control including, but not limited to, failure of suppliers, industrial action, war, statutes, rules, regulations, orders or requisitions issued by any Government Department or other duly constituted authority or non availability of raw materials, fuel and energy.
1.8 PATENT LIABILITY AND INTELLECTUAL PROPERTY RIGHTS
The client shall indemnify the company against all damages, penalties, costs and expenses to which the company may become liable as a result of work done in accordance with clients' specifications or designs which involves or is alleged to involve the infringement of any registered design or similar rights.
1.9 LISTED/CONSERVED BUILDINGS
The client shall indemnify the company against all damages, penalties, costs and expenses to which the company may become liable as a result of work done in accordance with clients' specifications or instructions which involves or is alleged to involve a breach of statutory regulations relating to works carried out in listed/conserved buildings.
2.0 RESERVATION OF TITLE
The risk in the goods supplied shall pass to the client on delivery, but neither legal nor equitable title shall pass until receipt by the company of the full purchase price.
2.1 LEGAL CONSTRUCTION
These Terms and Conditions of Sale shall in all respects be construed and operate as an English contract and in conformity with English Law.
2.2 CARRIAGE
Unless otherwise specified, all prices exclude delivery
2.3 PAYMENT TERMS
It is essential that payments against outstanding invoices be made on the due dates subject to the following;
Cash Account Customers Only
All goods/services shall be paid for in full, subject to 2.3(d), prior to the dispatch of goods or provisioning of services by the company. Payments may be made by cash, cheque, BACS, CHAPS or by most major credit cards.
Credit Account Customers Only
a) Materials: - Payment due either by cheque or BACS to our nominated account no later than thirty working days from date of invoice.
b) Labour: - Payment due either by cheque or BACS to our nominated account no later than thirty working days from date of invoice.
c) Subcontract Works:- Payment due either by cheque or BACS to our nominated account no later than seven working days from date of invoice. All subcontract works will be invoiced and those invoices should be settled, in advance of any works commencing.
d) Nett cash in British Pounds Sterling.
e) Payment within terms is of the essence - no supplies and/or services will be provided against overdue accounts under any circumstances.
f) Please note orders will not be accepted until an acceptable letter of credit or approved account has been received/authorized by the company.
g) In the event of late, returned or non-payment, all Bank Charges incurred will be to the clients account.
h) Where the final purchase cost is settled by way of finance through a third party lender, then the lenders terms and conditions (together with any additional terms imposed by their underwriters) will prevail following receipt of the full purchase price from the third party lender by the company.
i) Having regard for h) the Purchaser warrants that a lenders ‘Note of Satisfaction’ will be duly completed and signed upon completion of works as per the lenders standard terms and conditions and forwarded to the company without delay.
2.4 VALUE ADDED TAX
All prices stated exclude Value Added Tax (unless otherwise stated), which will be added to the invoice at the appropriate rate.
2.5 CANCELLATION AND RETURNS
Subject to the provisions of Clause 1.7 & 2.3(e) orders cannot be cancelled without the written permission of the company by the Managing Director.
a) Orders, which require special manufacture/fabrication or modification, are accepted on the understanding that in the event of cancellation, the client accepts full liability for all finished products, work in progress and/or any new materials procured to fulfil such order.
b) Orders placed for non-stock items cannot normally be cancelled unless expressly agreed in writing by the company, with the permission of the Managing Director.
c) No credit will be given for any materials returned by the client unless previously agreed in writing by the company and/or accompanied by a returns authorization number.
2.6 RETURNS POLICY - INTERNET PURCHASES ONLY
If for any reason you are unhappy with your purchase, simply return it to us in its original condition and packaging within 30 days from date of invoice. We will issue a full refund for the price you paid for the item.
If the return is due to an error we have made we will gladly refund the delivery charges. Please see contact details below for advice.
If the item is either faulty or damaged please contact our Returns team who will arrange for a replacement or refund:
Tel: +44 (0)1903 705900
Email: returns@datelnet.co.uk
To return an item, please use our returns form. Please pack the item securely, enclosing the completed form and attaching the address label supplied on the returns form.
For your own protection we recommend that you use a recorded-delivery service. This returns policy does not affect your statutory rights.
RIGHT TO CANCEL - INTERNET PURCHASES ONLY
In addition, under the Consumer Protection (Distance Selling) Regulations you may cancel your order for any reason within seven working days following the day on which you receive the goods. We regret that this does not apply where goods purchased have been supplied in sealed wrapping or are software based products.
Please ensure that the goods are returned in their original condition.
You should notify us by using our standard returns form. Post this form with the securely packaged goods back to the Returns Department straight away using a recorded delivery service.
We will reimburse you in full on receipt of the returned goods in our warehouse. You will, however, be responsible for the costs of returning the goods to us (unless these goods are faulty or have been delivered by us in error).
2.7 DELIVERY SCHEDULES
Orders for phased delivery against the clients forward delivery schedules are accepted on the understanding that any amendments to such schedules, not occasioned by delays upon our part, are subject to confirmation and acceptance by the company - we do reserve the right to invoice for all goods/services as per the original order if any amendments significantly delay the completion of the original schedule.
All installation works specified are normally quoted to be undertaken as continuous works, should delivery dates be significantly delayed as a result of delays on the part of the client, the company reserves the right to contra charge for any costs incurred as a result.
2.8 HEALTH & SAFETY
The company operates a formal Health & Safety policy. A copy of this policy can be supplied upon request. It is incumbent on the client to advise the company immediately if any part of this policy conflicts with it’s own policy and/or procedures.
The client should advise the company prior to installation works commencing of it’s own Health & Safety requirements and it’s nominated contact on site with whom the company should liase.
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BANK DETAILS
HSBC Bank PLC
1 Broadwater Street West
Broadwater
WORTHING
West Sussex
BN14 9BP
Tel: 01903 705900
Fax: 01903 705901
Account Name: Datel Business Systems Ltd
Sort Code: 40-47-22
Account: 21403176
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Web Site ©2002-2008 Datel Business Systems Ltd. All rights reserved.
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