© Telguard 2010. Terms & Conditions
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Conditions of Sale & Service
1. General
This agreement, together with the documents referenced herein, constitutes the entire agreement between the two parties hereto and supersedes all prior understandings and agreements and shall not be modified or altered except by written instrument duly executed by both parties. Acceptance by the Purchaser is limited to the terms and conditions of this Agreement. Notice of Objection is hereby given to the Purchaser's additional or different terms and conditions provided in any other document(s), such as purchase orders. Neither commencement of performance nor delivery shall be deemed or construed as acceptance of the Purchaser's additional or different terms and conditions.
2. Quotations
Our quotations are without prejudice and subject to alteration unless in each individual case a different written agreement has been made. The dimensions and weights, descriptions, designs, materials and all other data given in our literature and other publications are subject to technical alterations and are therefore not binding during the delivery time. We have no obligation to notify alterations.
3. Prices
The prices given in our literature are subject to change and should be confirmed with CommTel before onward quotation. Any quotations given by CommTel will be valid for 30 days. Relevant sales taxes will be added to the price at the time of invoice.
4. Supply
CommTel will only supply trade customers (the Purchaser). The supply is ex-works and at the risk and responsibility of the Purchaser. All carriage charges are met by the Purchaser as part of the ex-works supply conditions and are charged as extra over to the prices of goods supplied. Whilst every effort is made to meet the delivery dates, these are approximate and CommTel takes no responsibility for any consequential loss arising from the failure to deliver at the appointed time.
5. Payment
For trade customers without a credit account, full payment of the invoice will be required before delivery. For trade customers with a credit account, full payment will be expected within 30 days from the end of month of invoice. Any costs incurred by CommTel in getting full and proper payment for the goods will be charged on to the Purchaser. Payment to third persons, agents or representatives, or setting off is not acceptable. In the case of delayed payments we reserve the right to charge interest and compensation in line with the late payment of commercial debts (interest) Act 1998. We reserve the right to withhold further deliveries if the Purchaser is in arrears with payments. We also reserve the right to revoke the Purchaser's credit account thus making goods payable before delivery and if necessary removing trade facilities with that Purchaser.
6. Euro Transactions
Invoices issued in Euros will be charged at the exchange rate prevailing at the close of business on the day that the goods were dispatched/service provided - the invoice Tax Point Date - the rate will be as quoted that day by HSBC Bank PLC.
7. Ownership
In spite of delivery of the goods having been made, the title shall not pass until the goods are paid for in full with all appropriate sales taxes and any surcharges as outlined in paragraph 5. If the Purchaser has sold the goods on then this will not affect the rights of CommTel retain the right to recover the goods.
8. Guarantees
For any deficiencies in manufacture and materials of CommTel products there is a Warranty of 24 months from the end of month of purchase. It is expected that all connections to the products shall comply to all relevant country standards and regulations and be the sole responsibility of the Purchaser. This guarantee will not cover any claim caused by incorrect wiring to or installation of the unit or negligence or willful damage or damage in transit. Any claim or complaint shall be reported to CommTel as soon as possible but in any case within 14 days of the goods being dispatched. Any claims under the guarantee will be dealt with either by a repair or replacement at CommTel's discretion. The guarantee becomes void if the Purchaser or any third party has undertaken any repair or modification without the authorisation of CommTel. CommTel takes no responsibility for any consequential loss incurred as a result of the failure of the unit.
9. Service and Warranty
After the first 24 month guarantee, product Warranty extensions are available. All estimates for repairs will be based on CommTels assessment of the end users needs based on the information given and available. It is the responsibility of the Purchaser to ensure that as much information as possible has been included to allow for a prompt repair service. All estimates for repair only include the work specified, any additional work or parts required being charged extra. No responsibility will be accepted by CommTel for unforeseen circumstances or obstructions, nor any consequential loss as a result. The Terms and Conditions and Prices of our Service and Maintenance are available on request.
10. Third Party Services and Charges
All line-associated charges are to be borne by the customer and are not transferable to CommTel Ltd in any way unless agreed in writing by both parties. All requests for Network Provider or such like assistance in any way is to remain the responsibility of the customer, so to is the performance of any occupants or call point telephone.
11. Returns
Returns will only be accepted by prior arrangement with CommTel and will be subject to a 15% handling charge where necessary. The repair of any goods returned damaged, or in a state unfit for the purpose for which it was designed, shall be charged at the discretion of CommTel.
12. Copyright Notice and Disclaimer
All manuals, designs (both electronic and mechanical), and firmware associated with CommTel products are copyright and duplicating any of these is forbidden unless by prior permission. Although all equipment and firmware is tested before release, no claim is made regarding the total functionality. No responsibility or liability is assumed for any consequential loss or damage however caused, arising from the use of this equipment and firmware.
13. Confidentiality
All information disclosed by either party under this agreement shall be treated as confidential and shall not be disclosed to any third party except where consent has been given in writing.
14. Cross Guarantees
If any parent, subsidiary or other company controlling, controlled by, or in common control with the Purchaser shall take any action which, if done by the Purchaser, would constitute a breach of this Agreement, the same shall be deemed by the Purchaser with like legal effect.
15. Heading and Corrections
Headings in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement.
16. Arbitration
If any dispute arises on this Agreement which cannot be settled between the parties then the parties agree to seek the advice of a mutually agreed arbitrator.
17. Governing Law
This Agreement shall be governed by the Laws of England.
18. Waiver
Any waiver by either party of any provision of this Agreement shall not imply a subsequent waiver of that or any other provision. The failure of either party hereto at any time to require performance by the other party of any provision hereof shall in no way affect the full right to require such performance at any time thereafter.
TelGuard is the registered trademark of CommTel Ltd. Both the logo and the brochure are copyright of CommTel Ltd 2008
1. General
This agreement, together with the documents referenced herein, constitutes the entire agreement between the two parties hereto and supersedes all prior understandings and agreements and shall not be modified or altered except by written instrument duly executed by both parties. Acceptance by the Purchaser is limited to the terms and conditions of this Agreement. Notice of Objection is hereby given to the Purchaser's additional or different terms and conditions provided in any other document(s), such as purchase orders. Neither commencement of performance nor delivery shall be deemed or construed as acceptance of the Purchaser's additional or different terms and conditions.
2. Quotations
Our quotations are without prejudice and subject to alteration unless in each individual case a different written agreement has been made. The dimensions and weights, descriptions, designs, materials and all other data given in our literature and other publications are subject to technical alterations and are therefore not binding during the delivery time. We have no obligation to notify alterations.
3. Prices
The prices given in our literature are subject to change and should be confirmed with CommTel before onward quotation. Any quotations given by CommTel will be valid for 30 days. Relevant sales taxes will be added to the price at the time of invoice.
4. Supply
CommTel will only supply trade customers (the Purchaser). The supply is ex-works and at the risk and responsibility of the Purchaser. All carriage charges are met by the Purchaser as part of the ex-works supply conditions and are charged as extra over to the prices of goods supplied. Whilst every effort is made to meet the delivery dates, these are approximate and CommTel takes no responsibility for any consequential loss arising from the failure to deliver at the appointed time.
5. Payment
For trade customers without a credit account, full payment of the invoice will be required before delivery. For trade customers with a credit account, full payment will be expected within 30 days from the end of month of invoice. Any costs incurred by CommTel in getting full and proper payment for the goods will be charged on to the Purchaser. Payment to third persons, agents or representatives, or setting off is not acceptable. In the case of delayed payments we reserve the right to charge interest and compensation in line with the late payment of commercial debts (interest) Act 1998. We reserve the right to withhold further deliveries if the Purchaser is in arrears with payments. We also reserve the right to revoke the Purchaser's credit account thus making goods payable before delivery and if necessary removing trade facilities with that Purchaser.
6. Euro Transactions
Invoices issued in Euros will be charged at the exchange rate prevailing at the close of business on the day that the goods were dispatched/service provided - the invoice Tax Point Date - the rate will be as quoted that day by HSBC Bank PLC.
7. Ownership
In spite of delivery of the goods having been made, the title shall not pass until the goods are paid for in full with all appropriate sales taxes and any surcharges as outlined in paragraph 5. If the Purchaser has sold the goods on then this will not affect the rights of CommTel retain the right to recover the goods.
8. Guarantees
For any deficiencies in manufacture and materials of CommTel products there is a Warranty of 24 months from the end of month of purchase. It is expected that all connections to the products shall comply to all relevant country standards and regulations and be the sole responsibility of the Purchaser. This guarantee will not cover any claim caused by incorrect wiring to or installation of the unit or negligence or willful damage or damage in transit. Any claim or complaint shall be reported to CommTel as soon as possible but in any case within 14 days of the goods being dispatched. Any claims under the guarantee will be dealt with either by a repair or replacement at CommTel's discretion. The guarantee becomes void if the Purchaser or any third party has undertaken any repair or modification without the authorisation of CommTel. CommTel takes no responsibility for any consequential loss incurred as a result of the failure of the unit.
9. Service and Warranty
After the first 24 month guarantee, product Warranty extensions are available. All estimates for repairs will be based on CommTels assessment of the end users needs based on the information given and available. It is the responsibility of the Purchaser to ensure that as much information as possible has been included to allow for a prompt repair service. All estimates for repair only include the work specified, any additional work or parts required being charged extra. No responsibility will be accepted by CommTel for unforeseen circumstances or obstructions, nor any consequential loss as a result. The Terms and Conditions and Prices of our Service and Maintenance are available on request.
10. Third Party Services and Charges
All line-associated charges are to be borne by the customer and are not transferable to CommTel Ltd in any way unless agreed in writing by both parties. All requests for Network Provider or such like assistance in any way is to remain the responsibility of the customer, so to is the performance of any occupants or call point telephone.
11. Returns
Returns will only be accepted by prior arrangement with CommTel and will be subject to a 15% handling charge where necessary. The repair of any goods returned damaged, or in a state unfit for the purpose for which it was designed, shall be charged at the discretion of CommTel.
12. Copyright Notice and Disclaimer
All manuals, designs (both electronic and mechanical), and firmware associated with CommTel products are copyright and duplicating any of these is forbidden unless by prior permission. Although all equipment and firmware is tested before release, no claim is made regarding the total functionality. No responsibility or liability is assumed for any consequential loss or damage however caused, arising from the use of this equipment and firmware.
13. Confidentiality
All information disclosed by either party under this agreement shall be treated as confidential and shall not be disclosed to any third party except where consent has been given in writing.
14. Cross Guarantees
If any parent, subsidiary or other company controlling, controlled by, or in common control with the Purchaser shall take any action which, if done by the Purchaser, would constitute a breach of this Agreement, the same shall be deemed by the Purchaser with like legal effect.
15. Heading and Corrections
Headings in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement.
16. Arbitration
If any dispute arises on this Agreement which cannot be settled between the parties then the parties agree to seek the advice of a mutually agreed arbitrator.
17. Governing Law
This Agreement shall be governed by the Laws of England.
18. Waiver
Any waiver by either party of any provision of this Agreement shall not imply a subsequent waiver of that or any other provision. The failure of either party hereto at any time to require performance by the other party of any provision hereof shall in no way affect the full right to require such performance at any time thereafter.
TelGuard is the registered trademark of CommTel Ltd. Both the logo and the brochure are copyright of CommTel Ltd 2008
