1 Definitions
1.1 "Seller" means DTSystems.
1.2 "Buyer" means the company, organisation, person or firm placing an order with the Seller.
1.3 "Goods" means the product or service which are the subject of the Buyers order and are to be supplied to the Buyer by the Seller under the terms of these conditions.
1.4 "Contract" means the contract for the supply of Goods formed by the Sellers acceptance of the Buyers order.
2 Orders and Delivery
2.1 Orders are accepted by the Seller subject to the availability of Goods for delivery.
2.2 Delivery of Goods within the UK will be made at the cost of the Buyer to the address specified in the Buyers order by any method of transportation deemed suitable by the Seller. The cost of delivery within mainland UK will be waived if the total order value is £100 or greater.
2.3 Although the Seller will use all reasonable efforts to meet delivery dates, it shall not be liable to the Buyer for any loss or damage, whether direct, indirect, or consequential if it is delayed, in whole or in part , from delivering the Goods.
2.4 Orders sent in confirmation of verbal or telephoned orders should be clearly marked "Confirmation" otherwise the Seller will accept no responsibility for duplication of despatch.
2.5 All specifications of the Goods are given by the Seller in the belief that they are as accurate as reasonably possible but are not to be treated as binding or as forming part of the order contract.
2.6 All Goods must be inspected immediately by the Buyer on delivery. Any lost, damaged or incomplete goods must be reported in writing within two working days of the delivery (or contracted delivery) of Goods.
2.7 Except as otherwise provided in these Conditions, the risk of loss or damage to the Goods shall pass to the Buyer upon delivery of the Goods.
2.8 The Seller retains the right to substitute goods of equal or higher value to fulfil any order.
3 Price
3.1 The price payable for the Goods shall be as stated on the Sellers price list current at the date of acceptance of the order (or quotation relating to the Goods).
3.2 The price is exclusive of VAT and carriage unless stipulated in writing by the Seller.
3.3 If delivery is made in installments, each installment may be seperately invoiced, and if so, each such invoice shall be paid for immediately and without regard to other installments.
4 Payment
4.1 Unless otherwise agreed by the Seller, the Buyer must make payment before the Goods will be dispatched. Payment to be by BACS (Bank transfer), cheque, money order, cash or via credit card if agreed in advance with the Seller.
5 Ownership
5.1 The Seller shall retain ownership of and title to the Goods until it has received payment in full for all sums due for all Goods supplied to the Buyer.
5.2 If the Buyer fails to make any payment to the Seller when due, compounds with its creditors, executes an assignment for the benefit of its creditors, has a bankruptcy order against it or, being a company, enters into voluntary or compulsory liquidation or has an administrator or administrative receiver or receiver appointed over all or part of its assets or takes or suffers any similar action in consequence of debt or becomes insolvent or if the Seller has reasonable cause to believe that any of these events is likely to occur, the Seller shall have the right, without predjudice to any other remedies
(a) to enter without prior notice any premises where Goods owned by it may be and to repossess and dispose of any Goods owned by it so as to discharge any sums owed to it by the Buyer under this or any other contract,
(B) to require the Buyer not to resell or part with possession of any Goods owned by the Seller until the Buyer has paid in full all sums owed to the Seller,
(C) to withhold delivery of any undelivered Goods and stop any Goods in transit and forthwith suspend or cancel any uncompleted part of the Contract.
Unless the Seller expressly elects otherwise, any contract between it and the Buyer for the supply of Goods shall remain in existance notwithstanding any excercise by the Seller of its rights under this clause 5.
6 Return Of Goods
6.1 Goods correctly supplied in accordance with the Buyers instructions may not be returned without the Sellers written consent (including where there has been a duplication of orders). Under no circumstances will goods which have been used or goods unfit for resale because of incomplete or damaged packaging, missing parts including documentation or marked goods be accepted for return and credit.
6.2 DTSystems is prepared to purchase back Goods from Buyers providing all the following criteria are met:
Buyer to pay all carriage costs both to and from DTSystems.
Goods to be returned within 10 Calendar days.
Original Invoice must accompany goods.
Goods to be packed in original containers complete with all documentation and completely unmarked.
The items carton must not be overwritten or damaged.
Your statutory rights are not affected.
DTSystems reserves the right to decline repurchasing goods.
6.3 Goods purchased back will be subject to a restocking charge of 5% of the total invoice value to cover costs incurred.
7 Equipment Warranty and Liability
7.1 The Seller warrants that the Goods will be free from defects in materials and workmanship for a period of 12 months from the date of delivery provided:
(a) the Buyer makes a full inspection of the Goods immediately on delivery,
(b) the Buyer notifies the Seller of discovering any defects within 7 calendar days of delivery,
(c) the Buyer has used the Goods in accordance with any instructions or recommendations of the Seller,
(d) the Goods have not been adjusted, altered, adapted or repaired by any party other than the Seller,
(e) the Goods are returned to the Seller's headquarters at the Buyers own expense with details of the invoice covering the purchase and a written description of the problem.
7.2 Once Goods have passed the 12 month warranty period, they may, by arrangement with the Seller, be returned for repair. The Seller warrants that the Goods so repaired, will be free from defects in materials and workmanship for a period of 3 months from the date of delivery provided:
(a) the Buyer makes a full inspection of the Goods immediately on delivery,
(b) the Buyer notifies the Seller of discovering any defects within 7 calendar days of delivery,
(c) the Buyer has used the Goods in accordance with any instructions or recommendations of the Seller,
(d) the Goods have not been adjusted, altered, adapted or repaired by any party other than the Seller,
(e) the Goods are returned to the Seller's headquarters at the Buyers own expense with a written description of the problem.
7.3 In no circumstances shall the Sellers liability to the Buyer for any breech of warranty exceed:
(a) in respect of any damage to or loss of tangible property caused by defective goods, a total of £15000 and
(b) in respect of any other loss or damage, whichever is the greater of
(i) the price paid for the Goods in respect of which the claim is made and
(ii) any sum recovered by the Seller from its own supplier (after having used all reasonable endevours to make such recovery) in respect of the defective Goods or part therof.
7.4 Except as provided for in these Conditions, there are no warranties express or implied, of satisfactory quality or of fitness for a particular purpose, or of any other kind except as to title. In particular, all conditions and warranties which would otherwise be implied by statute or under the common law are hereby excluded.
7.5 The Seller shall under no circumstances be liable for any indirect, special or consequential loss (including loss of anticipated profit or third party claims) howsoever arising either from breech or non-performance of any of its obligations under the Contract or from the supply of or intended use of the Goods, even if the Seller has been advised of the possibility of such potential loss, except that the Seller shall be liable for loss arising from death or personal injury resulting from the proven negligence of the Seller and nothing in these Conditions shall have the effect of excluding or limiting liability under the Consumer Protection Act 1987 to a person who has suffered damage caused by defective Goods, or to a dependant or relative of such person.
7.6 All recommendations and advice given by or on behalf of the Seller to the Buyer as to methods of storing, using or applying the Goods, the purposes for which the Goods may be applied and the suitability of using the Goods in any manufacturing process or in connection with any other materials are given for guidance only.
8 Hire Terms
8.1 The Seller may choose under certain conditions, to allow equipment to be hired. These conditions are:
8.2 That payment of any hire charge be made in full prior to any equipment being hired.
8.3 The Hirer is responsible for the care and protection of any equipment hired. This includes safe delivery back to the Seller.
8.4 The Hirer is responsible for any consequential loss or damage to the hired equipment during the period of hire and agrees to make good any such loss or damage.
8.5 Hire period. The Hire Period is 5 working days unless specifically stated different on the invoice agreement. The period will begin on the first working day after delivery. Equipment is expected back in the possession of the Seller during the following working day after the conclusion of the loan period.
8.6 The Seller reserves the right to charge a restocking fee should the loan equipment be returned in a damaged or degraded condition, or be returned late. The restocking fee will be a minimum of 10% of the current selling price of the loan item and will increase to a maximum of 100% for a complete write off.
9 Intellectual Property
9.1 The Seller retains copyright in respect of all drawings, plans, specifications and catalogues issed by it to the Buyer and the contract shall not be deemed to transfer to the Buyer any of the Seller's copyright, patents, designs, trade marks or other intellectual property rights.
9.2 DTSystems is the trademark of the Seller.
9.3 Whilst the Seller is not aware of any infringement by the Goods of any third party's intellectual property rights, the Seller makes no representation or warranty that use of the Goods does not infringe any such rights and the Seller accepts no liability in this respect.
10 Waiver
10.1 The failure of the Seller to insist upon the strict performance of any of the terms and conditions of the Contract shall not be construed as a waiver of any such term or condition and shall in no way affect the Seller's right to enforce such provision later.
11 Governing Law
11.1 The construction, validity and performance of the Contract shall be governed by English law and by entering into the Contract the parties submit to the jurisdiction of the English courts, except where the Seller chooses the jurisdiction of the courts where the Buyer has his place of business.
12 Quotations
12.1 Quotations will be valid and prices held for a period of 30 calendar days from the original date of quotation.
13 Force Majeure
13.1 The Seller shall not be liable for any delay in or failure to perform any of its obligations under the contract if the delay or failure is caused by circumstances outside the reasonable control of the Seller.
14 Privacy Statement
14.1 Any information stored about clients will be done according to the data protection act and will not be disclosed to any third parties for any reason whatsoever. Credit or Debit card information is not stored at all. All clients have the right to see any information stored by DTSystems or DT4U on submission in writing.
15 Contacting Us
15.1 We do not have any incoming telephone lines. This saves money on front office costs and means we can offer the best quality products at the lowest possible prices. Technical support is available in detail on the web site and email (see bottom of page) is constantly monitored during normal office hours on a wideband service and answered as soon as possible. Be aware though that we have a very aggressive anti-spam policy and filter all emails through SpamAssassin set to a low tolerance level. So badly formatted emails with remote pictures and other errors will be trashed automatically. Send a standard, plain text email and you should be fine. Send any abuse and you will be blacklisted. If you have any trouble contacting us, see here - Contact Point for more options.
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