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NEWS DESK |
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CALL US TODAY
0845 881 2277
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Our Terms & Conditions
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Enabling
Communications UK Ltd Terms & Conditions of Sale |
Please note that all customers’ purchases are
subject to our standard Terms and Conditions of
Sale. Orders should be placed without reference
to these Terms and Conditions.
Definitions:
Where "The Company" is used in these Terms it
shall mean ENABLING COMMUNICATIONS UK LTD,
Registered office: LRM Trading Estate, 88a South
Street, Stanground, Peterborough, PE2 8EZ
Where "Goods" is used it shall refer to either
goods or services or both supplied to the
Customer by or on behalf of the Company.
Ordering
Procedure
The Company will accept orders from account
holders in writing by fax, post, e-mail, via our
website or by prior arrangement by other
electronic means. New customers should contact a
member of the sales team to either set up an
account or pay via card for a one-off purchase.
These terms shall be applicable howsoever the
order is placed. Orders placed using Visa or
MasterCard, Switch or Delta will be accepted by
telephone. Any Special delivery procedures must
be outlined clearly to include the product,
colour and quantity required together with the
date and place of delivery. The minimum order
value is £10 +VAT & Carriage.
Product Range
As one of the top Telecommunications
Distributors in the UK, it is our continued aim
to provide an expansive and comprehensive range
of telecommunications equipment available to our
customer. All of our telecommunications
equipment stock is updated daily and should any
product the customer needs not be found on our
website please contact a member of the sales
team who will endeavor to source the product for
you and notify as soon as it is in stock. All of
the telecoms products on our website and in
stock are approved for use in the UK.
Price
All the prices in our catalogue are correct at
the time of publication. These prices, however,
are subject to change without notice. Should
prices alter then we will invoice at the current
price ruling at the time of delivery unless
otherwise agreed with the customer. All of the
prices listed are subject to VAT at the rate
prevailing.
Supply of
Goods and Services
You are referred to our Terms and Conditions of
Sale as herein stated. All orders taken by the
company are subject to these Terms and you
should not place any order or any further order,
or enter into any supply contract with the
Company unless and until you have read and
understood our Terms and Conditions as these
will bind you in any business undertaken with
us. You are deemed to accept our Terms and
Conditions on taking delivery of the goods that
have been ordered. All orders, however they have
been placed, including, but not limited to by
mail or fax on Company letterhead or notepaper,
by e-mail from a Company or organisation, or by
Visa, MasterCard or Switch by telephone or other
method, will be legally binding on the Company,
organisation or individual by whom they have, in
the sole view of the Company, been placed, and
as such will be subject to these Terms &
Conditions.
Any person, Company or Firm who deals directly
or indirectly with the Company or with any of
its subsidiary or associated companies or who
supplies the Company or with any of its
subsidiary or associated companies with any
goods or services or types of services, or who
has any other type of trading or business
relationship with the Company or with any of its
subsidiary or associated companies , or has done
so previously within a period of 12 months,
(whether or not such person, firm or company
carries on the same or a similar business as the
Company or any of its subsidiary or associated
companies) hereby agrees and undertakes that it
shall not induce or attempt to persuade,
directly or indirectly, any employee of the
Company or any of its subsidiary or associated
companies (hereafter called the Employee) to
leave his or her employment and/or to accept
employment or engagement with it, both for the
duration of any contract made with the Company
pursuant to these standard Terms & Conditions
and for a period of twelve months following
completion of such contract, or termination
thereof by either party. For avoidance of doubt
it is expressly agreed that the use of any
recruitment or any similar agency shall be
regarded as a breach of this provision. If any
person, firm or Company is in breach of this
provision, it hereby agrees and undertakes to
indemnify the Company and/or its subsidiary or
associated companies against all claims,
liabilities, costs, expenses and damages
whatsoever arising wholly or partly, directly or
indirectly, out of any such breach. Furthermore
in the event that any person firm or company
breaches this clause in any way it hereby agrees
to pay to the Company a sum equivalent to 25% of
the salary package/s of the Employee/s, to
include any additional benefits including but
not limited to cars, pensions, healthcare,
commission, expenses and such other items as may
reasonably be considered to make up the salary
package of the Employee. This clause shall apply
notwithstanding whether or not the Employee
takes up employment with the person, firm or
company in breach of this clause.
The Company does not offer any products on sale
or return. Where goods are offered for
evaluation a separate Sample Agreement will be
made in advance of the dispatch. Any deliveries
accepted by you are deemed accepted by you in
accordance with our Terms and Conditions by
which you will be fully bound.
These terms along with, where applicable, the
Company's Maintenance Terms and Conditions, the
Company's Terms and Conditions of Purchase and
any Confidentiality Agreements in force or
Contractual Agreements duly signed constitutes
the entire Agreement between the Company and the
Customer and supersedes and cancels any prior
Agreements or understandings whether verbal or
written and any conditions which may appear on
any prior or subsequent documentation from the
Customer. For the avoidance of doubt, in case of
any conflict between the terms herein and any
additional contractual agreements as stated
above, the terms herein shall take precedence.
Variation of
Terms
All goods supplied by the company to you are
supplied with the understanding that they are
supplied in accordance with our Terms and
Conditions of Sale as set out herein. No
variation or attempted variation of these Terms
and Conditions made by the customer in any
purchase order given by you to us, or otherwise
shall be accepted by the Company unless such
variations are accepted in writing and signed by
two Directors of the Company.
Should the Buyer wish the Company to consider
any revision to these terms, or any separate
Agreement/s with the Buyer, either in respect of
the Buyers Terms of Purchase, or Contractual
Terms, or other terms as may be specified, or in
respect of agreeing to an incentive to the Buyer
to purchase, whether by way of marketing
contributions, discounts, retrospective
discounts on purchases, or otherwise, such
proposed revisions or Agreements must be made,
in writing, to a director of the Company. If
such proposals are acceptable to the Company the
acceptance of these will be made in writing and
signed by two Directors of the Company. Orders
will be deemed as conforming to our standard
Terms and Conditions until such time any such
variation has been agreed in writing and signed
by two Directors of the Company. A list of
Directors and Authorised Signatories can be
obtained from the Company upon request. It is
the sole responsibility of the Buyer to ensure
that the signatories to any such Agreement are
Directors of the Company and authorised to sign.
Any such Agreement/s and/or revisions not agreed
in writing and signed by two Directors of the
Company will be in no way binding upon the
Company.
Where specific contractual arrangements,
discounts, retrospective discounts or pricing
have been negotiated these shall be valid only
provided payment terms are strictly adhered to.
Should there be any deviation from the payment
terms herein or, if appropriate such other
payment terms as may have been agreed in
writing, any such special terms will be void and
the order will be deemed to have been placed
under the standard terms at the current prices
prevailing.
Warranty
The Company does not offer a Product Guarantee
but each individual manufacturer offers
warranties relating to their own products. Many
products also offer optional maintenance
packages. Unless otherwise stated all
manufacturers offer a repair only warranty.
Certain manufacturers offer extended warranty
periods (e.g. Pocket UK offers a lifetime
warranty) or a replacement warranty and details
of such warranties are available on request. All
goods returned under warranty must be
accompanied by the original proof of purchase as
warranties are non-transferable. Customers are
strongly advised to consider the terms of the
product warranties and their implications before
ordering goods. The manufacturers warranty
period is clearly indicated in the catalogue for
each product and it is the customer's sole
responsibility to be aware of the conditions of
such warranties. Information on warranties is
available on request.
Carriage
Unless agreed in writing carriage is as
specified in our most current Buyers Guide. For
Northern Ireland and the Channel Islands there
is an additional charge. We reserve the right to
alter carriage charges at any time. The time for
delivery of the goods is not of the essence. The
agreed dates for delivery are estimates only and
a failure by the Company to comply with them
shall not be a breach of these Conditions. Where
deliveries or collections are aborted or where
The Company are unable to collect or deliver, or
obtain a signature for such collection or
delivery, an additional aborted delivery charge
of £10 will be made which must be paid before a
new delivery or collection can be scheduled.
Returns
Procedure
In case of any returns, whether faulty product,
wrong goods received or otherwise, customers
must ring the Sales Team on 0845 881 2277 prior
to returning any goods to the Company. If goods
need to be returned you will be given an
Authorised returns number.
No goods should be returned to Enabling
Communications UK Ltd without clearly bearing an
Authorised returns number. Goods are returned to
us at the customers own risk and expense.
If received goods do not appear to be
functioning on receipt, or the goods received do
not match your order and/or the delivery note,
you must notify to us within 3 days of receipt
to obtain an Authorised returns number.
Goods found to be faulty within the warranty
period will be dealt with in line with the
manufacturer’s warranties and should this need
to be returned to Enabling Communications you
will be given an Authorised Returns Number.
Every item returned is fully tested on receipt.
Goods found to be faulty outside the warranty
period can often be repaired and this will be
charged to the customer. Where a repair is
deemed by us to not be economically viable this
will be advised to the customer and the goods
will be disposed of by us or returned to the
customer at the customers own expense and risk.
If equipment returned is found to have no fault
an invoice will be raised for carriage plus a
handling charge of £10 +VAT per item. The goods
will not be returned to the customer until such
invoice has been paid, and the company will hold
lien over these goods in lieu of payment.
Goods Ordered
in Error
The Company will invoice a handling
charge of £15 + VAT per item or 20% of the total
order cost (or 25% in the case of headset
products) whichever is the greater, for the
return of goods originally ordered in error.
Such errors must be notified to the authorised
Returns Department within 3 days of the receipt
of goods to obtain an authorised returns number,
and the goods must returned to the service
centre within 10 days in saleable condition with
full original packaging and instructions. NB.
For hygiene reasons headset products which have
been removed from the original packaging will
under no circumstances be accepted back by The
Company.
Cancellation
of Orders
Any cancellation of goods ordered must be
notified to us, in writing, before the goods are
dispatched. Verbal notification is not
acceptable. Failure to notify us will result in
a handling charge of £10 + VAT per item or 10%
of the total order cost (or 25% in the case of
headset products) whichever is the greater,
being incurred.
Payment and
Credit Terms
Unless otherwise agreed in writing, credit
account customers will receive 30 days payment
terms from the date of invoice. Such payment is
to be received by the Company no later than 30
days from the date of invoice. Under no
circumstances shall payment be withheld pending
receipt of a statement. Under no circumstances
will goods be dispatched to any company with an
overdue account, whether or not payment has been
received in advance for such goods, unless
otherwise agreed in writing by a Director of the
Company. In any instance where any payment on an
account becomes overdue, all amounts owed to the
Company by the Customer shall fall immediately
due, whether or not payment would normally be
due, and interest may subsequently be charged on
them as overdue accounts. Interest will be
charged on all overdue balances at the rate of
2.5% per month, compounded monthly, until the
date payment is received in full, or
alternatively, and at the Company's sole
discretion, may charge interest in accordance
with the Late Payment of Commercial Debts
(Interests) Act 1998, calculated on the basis of
bank base rate plus 8% until the date payment is
received in full. All costs, charges and
expenses incurred by the company in recovering
any debt shall be paid by you (the customer) on
a full indemnity basis. Should payment not be
made within 30 days, the Company will be
entitled to charge ( in addition to interest and
any legal costs ordered by the court, and
without prejudice to any other rights or
remedies available to the Company the sum of £85
plus VAT , or 10% of the total debt, whichever
is the greater, by way of liquidated damages and
as a contribution to the administrative costs
incurred, together with such other sums as may
reasonably be incurred by the Company in taking
steps to secure payment. The Customer shall at
no time be entitled to set off any amount
against any sums due to the Company which shall
be paid in full without deduction or to withhold
amounts owed to the Company under any
circumstances. The Company, at its sole
discretion may set off amounts payable to the
Customer against any amounts due to it. Should
any dispute arise between the Company and the
Customer, or where any payment from the Customer
is overdue, if the Company has in its
possession, for whatever reason, goods which are
the property of the Customer, the Company may
take lien over these goods until payment is made
or until such time as the dispute is resolved,
either in the Courts or otherwise.. The Company
may, at its absolute discretion dispose of these
goods as it sees fit and use the proceeds of
such towards payment of any overdue debt,
without prejudice to any other rights and
remedies available to it. Where any dispute
arises between the Customer and the Company, the
Company reserves the right to withhold any
monies due to the Customer until such time as
the dispute is resolved, either in the Courts or
otherwise, and to set such monies off against
any sums as may be awarded to the Company for
damages, costs or otherwise in the Courts.
Copy /
Invoices Statements
All invoices in respect of goods and/or services
supplied by the Company to you the customer are
dispatched from the Company to either the
delivery address of the goods, or the address at
which such services have been given, or to such
other address as advised to us in writing.
Should you not receive an invoice for goods or
services within 7 days of receipt of such goods
or services, you should notify us within 3 days
and a copy invoice will be supplied to you
without charge. Should you receive a statement
showing details of an invoice which has not been
received, or should you be verbally notified by
us of an outstanding invoice of which you have
no record you should notify us within 3 days
requesting a copy invoice. Failure to notify us
will be taken as confirmation on your part that
the invoice has been received. Should you
subsequently, for any reason, require a copy
invoice to be sent to you, we reserve the right
to charge £5 + VAT per copy invoice. Nothing in
this paragraph shall prevent the Company from
charging interest or administration charges on
overdue payments. Statements shall be sent by
fax or by other electronic means at the
discretion of the Company and these shall be
considered to have been legally delivered upon
being sent by the Company.
Title to Goods
The Company remains the owner of all goods
supplied to the customer until such time payment
has been received in full from the purchaser.
The goods shall remain the property of The
Company and the buyer shall store them so that
they are readily identifiable as The Company's
goods, until such time as payment for them and
for all other goods agreed to be sold by the
company has been received in full. If the goods
have been resold, The Company's beneficial
entitlement shall be attached to the proceeds of
the re-sale and we will be able to claim the
full purchase price of the proceeds received.
Where ownership of any goods remains vested in
the Company the Company shall be entitled to
repossess any goods supplied at any time. The
Company may for the purpose of recovering its
goods enter upon any premises where they are
stored or where they are reasonably thought to
be stored and may repossess the same. It is the
sole responsibility of the purchaser to ensure
that all goods received from the Company are
fully insured against any eventuality including,
but not limited to, fire, theft, flooding, etc,
until such time ownership of said goods has
passed to the purchaser. Should goods become
damaged in any way after they have been received
by the purchaser, the purchaser will be liable
to pay to the Company the full purchase price of
the goods.
Force Majeure
The Company shall not be liable to the customer
for any failure to perform its obligations due
to any circumstances beyond its control
(including, without limitation, strikes,
lockouts, industrial disputes, failure of power
supplies, delays caused by British
Telecommunications plc or any other person, firm
or company, delays caused by any manufacturer of
the goods, riots, civil disturbances, war or
warlike activity, embargo, fire, explosion,
flood or natural causes) and in such event The
Company may elect by written notice to cancel
any agreement with the customer or elect that
the time for performance shall be extended until
such time as The Company can reasonably effect
performance.
Limit of
Liability
Except in respect of death caused by the
Company's negligence the Company shall not be
liable to the Buyer by reason of any
representation or implied warranty condition or
other term for any duty at common law or under
the express terms of the Contract for any
consequential loss or damage (whether for loss
of profit or otherwise) costs expenses or other
claims or consequential compensation whatsoever
whether caused by the negligence of the Company
its employees representatives agents or
otherwise which arise out of or in connection
with the supply of Goods or the use or resale of
such Goods by the Buyer. In any case the
Companies liability shall not exceed the
original purchase price of the goods.
Where Enabling Communications arrange any
contractual arrangements for goods or services
with a third party company on behalf of the
Customer, including but not limited to direct
delivery, contractual services, etc, the
ownership of the customer remains with the
Company, but no liability is accepted by the
company for any failure of the third party to
successfully deliver such goods or services.
Law and
Jurisdiction
The order shall be construed and have effect in
all respects in accordance with English law and
any disputes arising there from or in connection
with these Terms & Conditions and any written
special conditions of purchase applicable hereto
shall be submitted to the exclusive jurisdiction
of the English Courts sitting at Peterborough to
which jurisdiction the parties exclusively
submit. In the event that by reason of court
rules any action brought by the Company against
you, the customer, is transferred to a court
other than the Peterborough courts you, the
customer, irrevocably consent to the transfer of
such action back to the courts at Peterborough.
Equal
Opportunities
The Company is an equal opportunities employer
and does not discriminate on the basis of sex,
race, colour, nationality, ethnic or national
origins, disability, sexual orientation, age and
religion or belief. Furthermore, the Company
seeks to protect its staff from harassment of
any kind and in cases of assault against staff
whether actual, verbal or written, or in cases
where the Company receives from Customers or
Suppliers, by conventional or electronic means,
information which may be seen as offensive or
derogatory, whether maliciously sent or
otherwise, the Company will take appropriate
action against the party responsible and in such
cases may at the Company's sole discretion hold
the Customer or Supplier in breach of Contract.
Disclaimer
While the Company endeavour to make the
specifications and pricing in this catalogue as
current and accurate as possible, they can in no
way be held responsible for any errors or
omissions, or changes to specification or price
which may occur, howsoever caused.
E. & O. E.
© Copyright Enabling Communications UK Ltd 2008.
All rights reserved. No part of this publication
may be reproduced or transmitted in any form or
by any means, or stored in any form of retrieval
system of any nature without the prior written
permission of the copyright holder applications
for which shall be made to the Company.
End of Terms and Conditions
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