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1.
ACCEPTANCE OF ORDERS
2006
All contracts of sale made by Digital CCTV Limited (The Company')
shall be deemed to incorporate these terms and conditions which
shall prevail over any other document or communication from the
party with whom the company is dealing (The Customer'). All orders
are accepted and fulfilled subject to these conditions of sale
unless otherwise varied by agreement in writing.
2. CARRIAGE, POST AND PACKING
Charges are made for all delivery options and will be invoiced
to customers at the prevailing rate.
3. PRICES
Goods are invoiced at the prices ruling at the time of ordering.
VAT will be added to all goods or services supplied at the prevailing
rate.
The catalogue including the catalogue in electronic format, issued
from time to time, will remain current until updates or revisions
are issued either in printed or electronic form. Every effort
is made to maintain the prices shown throughout the life of each
catalogue. However the company reserves the right to modify prices.
4. DELIVERY
(a) Any time or date for delivery stated by the company shall
be treated as an estimate only. Whilst every effort will be made
to despatch goods on time no liability can be accepted by the
Company for failure to deliver within the advertised times. The
Company shall not be liable for any loss or damage whatsoever
(including consequential loss or loss of profit) arising directly
or indirectly from any delay in the delivery of all or any of
the goods howsoever caused.
(b) The Company will accept no liability for shortages, damage
to or non-delivery of goods unless the Customer notifies the Company
in writing within three business days of receipt of goods.
(c) The Customer shall be bound to accept the goods when they
are ready for delivery by the Company and delivery shall be deemed
to take place when the goods are delivered to the Customer at
the nominated address for delivery or to a nominated carrier as
the case may be whereupon the risk of loss, breakage or any other
damage whatsoever shall pass to the Customer.
(d) If the Company fails to deliver the goods for any reason other
than any cause beyond the Company's reasonable control or the
Customers fault, and the Company is accordingly liable to the
Customer (in the cheapest available market) of similar goods to
replace those not delivered over the price of the goods in question.
Furthermore, The Company shall not be liable for loss of profit
or other consequential loss and its liability (whether in contract
or otherwise) shall in no case exceed the price of the article
or articles in question.
(e) If for any reason the Customer cannot accept delivery of the
goods at the time when the goods are due and ready for delivery
the Company may either elect to store the goods pending their
actual delivery and the Customer shall be liable to the Company
for the costs (including insurance) of so doing but the Company
shall be under no obligation to insure the goods in storage and
the risk of any loss or damage to the goods howsoever arising
shall be borne by the Customer, or sell the goods at the best
price readily obtainable and (after deducting all reasonable storage
and selling expenses) account to the Customer for the excess over
the price under the contract or charge the Customer for any shortfall
below the price under the contract.
5. PAYMENT TERMS
Unless otherwise expressly stipulated by the Company, Credit Account
invoices are due and payable in sterling 30 days from the date
of the invoice.
If an invoice becomes overdue for payment the full outstanding
account becomes overdue and payable. The Company reserves the
right to charge interest on overdue amounts at 3% above Barclays
Bank PLC base lending rate for the time being in force calculated
on a daily basis. Payment shall be deemed to have been received
only when the full amount of the value of the goods as invoiced
has been credited to the Company's bank account without recourse
or the Company has received the full amount in cash.
6. PRODUCT SPECIFICATIONS, DIMENSIONS, ETC
Whilst the Company will make every endeavour to deliver the goods
as they are advertised in the Catalogue or any other Company brochure
actual dimensions, specifications and quantities may in certain
circumstances vary from those so advertised. The Company reserves
the right without prior notice to vary the dimensions, specification
and quantities of any goods without any liability to the Customer
arising directly or indirectly from any such variation.
7. SUPPLY
In the event that the Company is unable to supply goods as ordered
by the Customer the Company reserves the right to offer goods
of equal or superior quality comparable to or compatible with
the goods ordered at the same price.
8. PROPERTY AND TITLE
No property or title to goods shall pass from the Company to the
Customer unless and until the full amount of the value of the
goods as invoiced has been credited to the Company's bank account
without recourse or the Company has received the full amount in
cash and the Customer shall indemnify the Company against any
loss or damage to the goods prior the passing of property therein
whilst in the Customers custody. Risk of damage to or loss of
the goods shall pass to the Customer at the time of delivery or,
if the Customer wrongfully fails to take delivery of the goods,
at the time when the Company has tendered delivery of the goods.
Goods supplied to or installed for a third party or customer of
the Customer will remain the property of the Company until payment
is made in full.
9.
FORCE MAJEURE
In the event that the Company is prevented from carrying out its
obligations under a contract for sale as a result of any cause
beyond its control such as but not limited to Acts of God, War,
Strikes, Lock-outs, Flood and Failure of third parties to deliver
goods, the Company shall be relieved of its obligations and liabilities
under such contract for sale for as long as such fulfilment is
prevented.
10. TRADE NAME AND MARK
Indications of trade names or marks (other than those of the Company)
shown in catalogues or other documentation of the Company are
not restricted to indications of manufacture but may be indicative
of general use of systems, machines etc. associated with the use
of such products.
11. CANCELLATION
Since under normal circumstances goods are either manufactured
specially to order or despatched the same day as receipt of order
the Company reserves the right not to accept cancellation of orders.
Where cancellation is accepted the Company reserves the right
to indemnity from the Customer in full for costs incurred.
12.
RETURNS
Current catalogue items, undamaged, unopened and fully marketable
may be returned by prior agreement of the Company who reserve
the right to make a handling/administration charge. Other goods
may be accepted for return subject to a minimum 30% handling charge.
Labour costs may not be credited.
13. WARRANTY
All goods sold by the Company are warranted free from defects
in materials and workmanship. If the Company shall receive a written
complaint from a Customer in respect of goods found to be defective
in respect of materials or workmanship only within 30 days of
delivery the Company after it has had a reasonable time to investigate
the same and examine the goods in dispute shall be entitled at
its option to repair or replace the defective goods or refund
the purchase price.
No claim will be entertained in respect of any goods which have
been repaired or altered in any way or have been the subject of
any accident or damage caused by any innocent, wilful or negligent
act or omission of the Customer its employees or agents or through
use contrary to the manufacturers instructions by the Customer,
its employees or agents or by circumstances beyond the control
of the Company or goods which cannot be shown to have been supplied
by the Company.
The Company offers a No Charge' collection repair and delivery
service for faulty computer hardware products under these warranty
provisions but reserves the right to make a charge where no fault
is found.
This No Charge' collection and delivery service applies to the
UK mainland only. For products returned from outside the UK mainland
the Customer is responsible for all transport charges to and from
the Company's premises and for any charges and duties levied on
importation and for compliance with H.M. Customs and Excise Regulations
in all respects on importation and re-export.
14. REMOTE SITE MONITORING
a) The company accepts no responsibility for programming changes
made by its employees, sub contractors or customers which result
in loss or failure of remote site transmission equipment.
b) The company reserves the right to disable any equipment supplied
for which it holds title due to late or slow payment for such
goods. Late or slow meaning later than the agreed payment date
as per contract for each appliance.
c) The company accepts no responsibility for loss of digital evidence
caused by whatever means with or without the involvement of the
companies employees or subcontractors.
15. THE COMPANY'S LIABILITY
(a) The Company shall under no circumstances whatsoever be liable
for any indirect or consequential loss howsoever caused.
(b) The Company's liability in respect of breach or non-performance
of any order shall be limited to the invoiced value to which the
claim relates.
(c) Goods are not tested or sold as fit for any particular purpose
or for use under any specific conditions.
16. HEALTH AND SAFETY AT WORK ACT 1974 AND CONSUMER PROTECTION
ACT 1987
In compliance with the above legislation the Company confirms
that the goods supplied by the Company as a distributor of products
do not present a hazard to health and safety when properly used
for the purpose for which they are designed and provided also
that the Customer or its employees or agents take reasonable and
normal precautions in their use.
17. COMMISSIONING AND INSTALLATION
Whilst the company will endeavour to provide design advise, commissioning
and installation services to customers. No liability will be accepted
for consequential losses incurred as a result of system failure
no matter how caused. Delays caused due to problems accessing
site and maintenance of duct ways and data network failures may
result in additional charges to original prices quoted.
18. MISCELLANEOUS
(a) If any provision hereof shall be held to be invalid illegal
or unenforceable the validity and enforceability of the remaining
provisions shall not be in any way affected or impaired thereby.
(b) Waiver by the Company of any breach of these conditions or
any granting of time or indulgence by the Company to the Customer
shall in no way affect the rights of the Company hereunder.
(c) All headings are for convenience only and do not form part
of these Terms and Conditions.
(d) Any notice or demand to be given hereunder shall be in writing
and shall be delivered by hand or sent by first class pre-paid
letter to the last known address of the party to be notified and
shall be deemed to have been served immediately, if delivered
by hand and forty eight hours after posting if posted as aforesaid.
(e) The Laws of England shall govern the validity construction
and performance of any contract to which these Terms and Conditions
apply and the parties submit to the jurisdiction of the English
Court.
(f) Digital CCTV may at its discretion record telephone transactions
with its customers. This is for staff training purposes only.
All tapes after review are subsequently erased.
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