Terms and Conditions
DATA POWER LTD TERMS OF BUSINESS
Vendor:
Data Power Limited, The Coach House, 618 Warwick Road, SOLIHULL. West Midlands. B91 1AA
Definitions:
Goods - Equipment, Cables, Services, Consultancy or other items sold by the Vendor.
Customer - The Company or persons proposing to purchase or purchasing Goods from the Vendor.
1. Quotations
All quotations will be subject to the standard Terms of Business and unless otherwise stated will be valid for 30 days. Data Power Ltd reserves the right to substitute goods of equal or better standard than those quoted if the quoted goods are not available at time of order. Delivery charges and packing will be added to all consignments. All prices (if applicable) are subject to the addition of VAT ruling at the date of invoice.
2. Specification
All Goods are supplied to the Vendor’s standard specification, unless otherwise stated. Special Goods or modifications to standard Goods can only be supplied once a written specification is agreed by both parties in writing, including an agreed test and acceptance procedure.
3. Technical & Commercial Data
While every effort is made to ensure the accuracy of any technical or commercial data supplied to the Customer, the Vendor reserves the right to change the specification of the Goods without notice. Technical and/or commercial data will not form part of the purchase contract.
4. Origin
Any information supplied by the Vendor is not an indication of origin of the Goods or any part of the Goods.
5. Use of Sub Contractors
The Vendor reserves the right to use sub-contractors without notification to the Customer.
6. Pricing
The Vendor also reserves the right to alter quoted prices due to technical and/or commercial changes made by the Customer.
7. Delivery Time
The estimated delivery time is a best endeavours estimate and will be shown on the quotation.
Delivery time will not be “time is of the essence” and this type of contract will not be accepted by the Vendor, unless agreed separately and in writing by the Vendor.
8. Delivery
Delivery charges (such as carriage, packing, freight and insurance) will be charged at time of invoicing. Part deliveries will be subject to delivery charges for each shipment. The Vendor will not be liable for any loss or damage, direct or consequential, arising from late delivery of goods. The Customer will not be entitled to treat the purchase order as repudiated by reason of late delivery. If the Customer refuses delivery of the goods on the due date then any payment associated with the delivery will be payable as if the delivery had taken place. The Vendor will store such Goods at Customer’s expense until delivery can take place.
9. Damage in Transit & Non Delivery
All claims regarding loss or damage should be made to the Vendor within 24 Hours of receipt of the goods and the goods held for inspection pending a claim on the carrier. If the Goods are not received within 5 working days of the receipt of the Vendor’s invoice, the Vendor should be notified immediately.
10. Warranty
The standard warranty is 12 months from date of invoice and consists of repair or replacement at the discretion of the Vendor for equipment returned to, and collected from the Vendor. Any warranty work carried out on site, at the Customer request, will be subject to surcharge. The Vendor reserves the right to charge for warranty work undertaken if the Goods are found to be fault free, or damaged by misuse or negligence by the Customer. Additional warranty periods may be passed on to the Customer if the original equipment manufacturer specifies a warranty period longer than 12 months. The conditions of hardware warranty will be strictly those of the original manufacturer’s warranty. The Vendor will endeavour to supply a 90 day software warranty where possible. The conditions of software and firmware warranties will be strictly those of the original manufacturer’s warranty.
11. Return of Goods
Goods may only be returned to the Vendor, whether under warranty or not, with prior notice and the issue of a return number which must be quoted on any associated paperwork.
12. Verbal Orders
Verbal, telephone and facsimile orders will be accepted provided that the Customer has an existing account, is not in dispute, or delinquent on payment of outstanding invoices. Written confirmation of the order must be received by the Vendor within 5 working days clearly marked “Confirmation of Order”. No liability can be accepted by the Vendor for duplicate orders by non-adherence to these requirements.
13. Cancellation of Orders
The Vendor will be entitled to claim 10% of the order value for cancelled orders received within
1 - 5 working days of the receipt of the order. If more than 5 working days have elapsed, then any amount, up to the full amount of the order, may be claimed at the discretion of the Vendor. If an order is cancelled when the delivery is incomplete, the Vendor reserves the right to charge for the Goods at the rate already supplied, as well as a cancellation fee.
14. Payment
All invoices will become due for payment will be Nett monthly, unless otherwise agreed in writing. The Vendor reserves the right to charge 2% per month for monies outstanding after the date for payment has passed.
15. Title
Notwithstanding that the Goods have been delivered to the Customer, the title to the Goods will remain vested with the Vendor until payment in full has been received by the Vendor. However, from the date of delivery, the Goods will be at the sole risk of the Customer, who will be responsible for insuring the Goods against all risk. The Customer will also be responsible for the storage, care and maintenance of the Goods and act as Bailee. The Customer will indemnify the Vendor against damage and depreciation of the Goods and will not pass possession of the Goods to a third party until full payment is received by the Vendor.
16. Installation
If installation is involved in the purchase the following will apply:
Prior to the installation the Customer must allow access to the Vendor’s engineers to carry out a site survey if required. Either before, during the visit, or prior to shipment of the Goods, the Customer must inform the Vendor’s engineers of any statutory or local regulations that may affect the installation and provide the relevant information regarding set up, configuration or other requirement. The Vendor reserves the right to charge for any additional costs arising from conditions imposed that are outside the Vendor’s control and have not been notified to the Vendor before quotation. On site installations will be tested to the Vendor’s standard requirements before hand over to the Customer. If work is undertaken outside normal working hours, at the request of the Customer, then the Vendor reserves the right to levy additional charges. The Customer is responsible for the preparation of the site before installation. Additional work required to prepare the site, or waiting time, will be charged to the Customer. The Customer is responsible for ensuring any items required, that are not supplied by the Vendor, are complete and in place before the installation date. The Vendor reserves the right to charge for additional installers’ time and expenses due to lack of such items. The Customer is responsible for ensuring that the site and working conditions comply with necessary statutory regulations, especially the Health and Safety at Work Act. Any special precautions must be notified to the Vendor by the Customer before quotation is made. Failure to do so will result in additional charges to the Customer.
17. On-site Maintenance
As well as the requirements under item 16, if the Vendor incurs additional expenses because the Goods have been incorrectly installed by the Customer, or changed from the original installation, then these costs will be charged to the Customer.
18. Rental or Loan Equipment
It is obligatory for the Customer to have on-site maintenance on Rental Goods. The Vendor reserves the right to charge for the repair of Goods that have: been damaged beyond the normal wear and tear expected in use, been modified by the Customer, or subject to operation outside the specification of the Goods. Installation must be carried out by the Vendor or a Vendor approved installer.
19. Overriding Condition
In the event of difference between the Customer’s conditions of purchase and these Terms of Business, the latter shall prevail over the former. To make the situation completely clear as to the relationship between the Vendor and the Purchaser, these entire Terms of Business will prevail at all times irrespective of any clauses or statements made by the Customer, whether written, oral or by other means.