Terms & Conditions of Sale
Please note that ACS Technologies Ltd are a business to business company and all terms and conditions reflect this.
a) ‘Company’ means ACS technologies Limited
b) ‘Customer’ means any individual or firm offering to purchase goods from the company.
c) ‘Goods’ means any products or services that the company has sold or is proposing to sell to the customer.
d) ‘Agreement’ means any transaction or proposed transaction between the company and the customer relating to the sale / purchase of goods.
e) These terms and conditions shall apply to and be incorporated into every agreement between the company and the customer.
f) These terms and conditions supersede any previous terms and conditions of the company.
g) These terms and conditions shall take precedence over any terms and conditions of the customer and shall not be varied without the written consent of the company.
h) ‘Seller’ means any individual or firm offering to sell goods to the company.
a) Unless otherwise stated, prices quoted by the company are exclusive of value added tax (VAT), delivery, insurance and payment surcharges (where applicable).
b) The company shall be entitled to apply additional delivery charges where the customer requests partial delivery of an order.
c) Prices quoted are those current at the time of quotation. The company shall be entitled to alter prices to those current at the time of order, or withdraw the quotation where the goods can no longer be supplied.
d) The company shall be entitled to alter prices at any time to correct errors or omissions.
a) Payment for all goods must be made ether by cleared funds or cheque on delivery.
b) The company reserves the right not to deliver goods before any cleared funds have been verified if using this method.
c) The company will not deliver goods before a faxed or emailed copy of a company cheque containing correct details & faxed or emailed copy of a valid company purchase order if using this method.
d) The company may decide to use a third party cheque guarantee service. The company will not deliver goods if it receives information from this service advising potential payment problems relating to the customer.
e) If, for any reason, full payment has not been received by the company for goods that are in the possession of the customer, the Company reserves the right to charge interest on overdue accounts at the rate of 8% above the Bank of England base rate in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, from the date the account becomes due until the date of payment.
a) All delivery dates quoted, whether verbally or otherwise are estimates and are therefore not guaranteed. The company shall have no liability for any delay in delivery or non-delivery or for any consequential loss.
b) Delivery of goods to the customer’s address or any other place requested by the customer shall constitute delivery and the risk passes upon such delivery to the customer.
c) The company shall be entitled to make partial deliveries, in which case these terms and conditions shall apply to each partial delivery.
d) Where there is any discrepancy between the goods delivered and the goods ordered, the customer must advise the company by writing or e-mail within one working day of receiving the goods. The customer must hold the goods and make them available for inspection or collection by the company or it’s representatives on request.
5. Loss or Damage in Transit
a) The company will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to the company within three working days of delivery or expected delivery.
b) In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by the company or it’s representatives on request.
c) Carriers notes must be endorsed ‘unexamined’ otherwise no claim can be entertained. Parcels received in a damaged condition must be refused. We cannot accept any responsibility unless the above conditions are met.
a) Even where goods have been delivered and the customer is responsible for any loss, destruction of or damage to them, the legal and beneficial ownership of the goods will remain with the company until the company has received payment in full of :-
i) all amounts payable to the company in relation to the agreement, and
ii) all other amounts due from the customer to the company in respect of any and all other agreements.
b) Until the customer becomes the owner of the goods in accordance with 6a) above, the customer shall :-
i) hold the goods on behalf of the company, who may, at any time and without prior notice, require the customer to deliver the goods to the company and, if it fails to do so, enter the premises where the goods are situated with its representatives to repossess the goods;
ii) not sell, part with possession of, use, or do anything else detrimental to the company’s ownership of the goods and will ensure that they are kept separate from any other item, properly stored, protected and clearly identified as the company’s property, and are insured to their full replacement value against all normal comprehensive risks.
c) After the company has repossessed any goods it may sell them and the proceeds of sale will belong to the company absolutely and the customer will have no right or interest in those proceeds. If the net proceeds received by the company are less than the amount payable to it in relation to the agreement, it may recover the balance from the customer.
d) The customer will become responsible for any loss, destruction of or damage to any goods on their delivery.
e) If ownership of the goods has not passed to the company, in the event of any loss, destruction of or damage, all insurance proceeds receivable by the customer in respect of the goods shall be held in trust by the customer for the company in a separate account and first be applied towards discharging any sums payable under the agreement.
f) Even if ownership of the goods has not passed to the customer, the company may recover all sums payable to it in relation to the agreement.
7. Returns and Cancellations
The customer shall not return any goods (except in accordance with Condition 8), or cancel any orders without the company’s written consent. Such consent may not be given where goods have been specially purchased by the company to meet the customer’s requirements or goods whose sales value exceeds £1000+vat or has a sales value less than £30+vat, If the company at its discretion gives consent, it reserves the right to charge a restocking fee of 20% + VAT of the price of the goods in question, or £20 + VAT, whichever the greater.
8. Guarantee (including seven day money back guarantee)
a) The company’s seven day money back guarantee is subject to the following conditions :- (i) It will not apply to goods which have been specially purchased by the company to meet the customer’s requirements or goods whose sales value exceeds £1000+vat. (ii) It will only apply if the customer has given written notice of intention to the company within seven days from date of delivery. A refund will only occur once the company is satisfied the goods are in the same condition as sold (undamaged, unused and unregistered).
b) If within twelve calendar months of being delivered, or 3 calender months for consumables, any defect in the goods is discovered which is directly due to faulty materials or workmanship, the company or the manufacturer of the goods will at it’s option remedy the defect or damage by replacement or repair, or give a credit note to the customer, to be utilised firstly against any existing indebtedness and the balance refunded.
c) The guarantee (stated section 8b) will be subject to the following conditions :-
i) it will not apply to defect or damage resulting from any alteration or modification of the goods without the company’s prior written consent, incorrect storage, normal wear and tear, misuse, abnormal conditions of use, incorrect installation, maintenance or repair, use which is not in accordance with the manufacturer’s instructions, any act or omission of the customer or any third party or any fault in any other goods or equipment.
ii) The customer must complete and submit the company’s Return of Materials Authorisation (RMA) form in relation to any such defect or damage. If it appears to the company from the information submitted on the RMA form that such defect or damage is covered by the guarantee, then an RMA number will be issued confirming the goods in question may be returned, subject to verification by the company on inspection of the goods. RMA numbers issued by the company are valid for fourteen days from the date of issue. After this period a new RMA number must be obtained.
iii) allegedly defective or damaged goods must be returned to the company at the customer’s cost, in original packaging, complete with all related documentation and accessories. Goods must be packaged in the appropriate fashion and clearly labelled with the relevant R.M.A. number. Failure to do so will result in the goods being refused on arrival at the company’s warehouse.
iv) the guarantee will apply to goods replaced or repaired under the guarantee for the balance of the original guarantee period.
9. Exclusion of Liability
a) The guarantee in condition 8 will be in substitution for all other terms, warranties and conditions, express, or implied, statutory or otherwise in relation to the goods (except for the company’s title to them) which are hereby excluded to the fullest extent permitted by law.
b) Neither the company nor its representatives or agents will be liable in contract or in tort (including negligence) nor in any other way for any consequential or indirect loss, liability or damage or for any other claim for consequential compensation whatsoever (including loss of profit, costs, expenses or loss of data) arising howsoever from or in connection with the agreement or any breach or non-performance of any provision of it by the company or any fault in or the supply, use, presence or resale of the goods.
c) Excluding the company’s liability arising in condition 8, all warranties or conditions implied by law regarding the goods and without affecting conditions 9 a) and 9 b), the aggregate liability of the company whether arising in contract or tort (including negligence) or otherwise howsoever for any loss, cost, damage, injury or liability (whether consequential or indirect or otherwise) resulting from or in connection with the agreement or any such breach or other matter as is referred to in Condition 9 b) will be limited to an amount equal to the net invoice value of the goods.
d) The limitation on any exclusions from liability contained in these Conditions shall be subject to the provisions of section 2(1) of the Unfair Contract Terms Act 1977.
The customer undertakes to the company that it will immediately indemnify the company against all proceedings, costs, fees, expenses, payments, liabilities, losses and damages arising out of the breach or negligent performance by the customer of any terms of the agreement.
11. Photos and Other Information
a) All photos, illustrations and other information contained on the website, sales literature and price lists are representative, for guidance only and do not form part of this agreement.
b) The customer should check specifications, compatibility, suitability and legality of goods with manufacturers before ordering if in any way unsure. Any advice or opinion offered by the company or its representatives should not be relied upon to make a purchasing decision.
12. Trade Marks, Trade Names, Copyrights, Patents and Intellectual Property Rights
a) The customer acknowledges that rights in respect of trade marks, trade names, copyrights, patents and other intellectual property rights connected with the goods do not pass to the customer.
b) Goods are not licensed by the company and may require manufacturers agreement or license for use or resale in certain markets.
c) OEM goods should be sold on by the customer with hardware, in accordance with the manufacturers requirements.
d) Goods must not be altered, sold or used in any way that was not intended by the manufacturer.
13. Force Majeure
The company will not be deemed to be in breach of any of its obligations under the agreement or otherwise be liable to the customer as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the company’s control. This includes, but is not limited to breakdown of plant or machinery, strike, industrial dispute, shortage or delay in receiving goods, war (whether declared or not), terrorism, or Act of God. If any such event continues for more than 28 consecutive days, the company may terminate the agreement by written notice to the customer without prejudice to the accrued rights of either party.
14. Set Off
The company shall be entitled but not obliged at any time to set off any sum payable by or any liability of the customer against any sum payable by or liability of the company to the customer. Any exercise by the company of this right will be without prejudice to its other rights under the contract relating to the supply of the goods.
The company reserves the right to sub-contract any part of any work or supply of any goods or services.
16. Construction and Use
The company shall not be responsible for adapting or modifying any goods to conform to statutory requirements not current at the time of order.
The company shall be entitled by notice in writing to terminate any agreement without prejudice to any claim or right the company may otherwise make or exercise where :-
a) The customer is in breach of any term, condition or provision of this agreement or required by law.
b) The customer shall go into liquidation, or if any petition or resolution to wind up the customer shall be presented, or if a receiver is appointed, or if the customer shall commit any act of bankruptcy.