TeleConneXions: ahead in voice and data communications

Terms & Conditions

1. GENERAL

All sales accepted herein and other contracts made by TeleConneXions ( hereinafter referred to as T.C's ) are made on the following terms and conditions and shall supersede all other terms and conditions of purchase or sales used by the customer. No agent or representative of T.C's has authority to vary these terms and conditions nor to make any representations as to the effect of these terms and conditions or as to the subject of the contract generally and no such variation of representation shall be binding on T.C's unless accepted in writing by a director of T.C's.

2. PRICES

(a) Prices quoted for goods are ex-works packed unless otherwise agreed and are exclusive of V.A.T.

(b) T.C's reserve the right to vary the quoted price for the goods by upward additions in accordance with market conditions at the date of actual supply and the customer shall pay such additions in addition to the quoted purchase price. This without prejudice to the generality of the forgoing, market conditions shall include any increase in the cost of labour and / or materials, operation and / or transport.

3. PAYMENT

(a) All invoices are due for payment 30 days from invoice date unless otherwise agreed in writing. Payment is to be made in sterling unless otherwise agreed in writing by a director of T.C's.

(b) If a customer shall fail to make payment in full accordance with sub- clause (a) above then (without prejudice to any other rights T.C's may have) the customer shall without any need for T.C's to give notice, become liable to pay to T.C's interest on the amount for the time being unpaid at the rate which is eight per cent per annum above the base rate from time to time of Midland Bank Plc calculated from the date of due payment until the date of actual payment.

(c) In the event that T.C's refer the non-payment of an invoice to solicitors for recovery of an overdue amount the customer shall become liable to pay T.C's a sum equal to the legal fees and expenses incurred.

4. TRANSPORT AND STORAGE

The means of delivery of goods shall be at the discretion of T.C's except where specifically requested by the customer and agreed by T.C's in writing. T.C's shall be entitled to charge for all deliveries made or arranged by T.C's and for the cost, packaging and insurance of goods during delivery.

(a) T.C's accept no responsibility for non delivery of goods in transit if it is not notified in writing within 14 days of the date of invoice.

(b) T.C's accept no responsibility for short shipment or damage to goods in transit not notified to T.C's by 12 noon of the day following delivery and the delivery book of the carrier concerned must be signed " not examined ". (c) T.C's disclaim liability for goods returned without T.C's consent.

5. DESIGN VARIATION

While T.C's makes every effort to ensure that goods supplied correspond in every respect with the sample, specification or description provided as the case may be. T.C's is not responsible for minor variations in specifications, in colour or other design features and no such minor variations shall entitle the customer to rescind the contract or shall be the subject of any claim against T.C's by the customer.

6. EQUIPMENT SUPPLIED BY T.C's

No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the equipment supplied. Nor that they will be fit for any particular purpose or for use under any specific conditions not withstanding that such purpose of conditions may be known or made to T.C's.

7. DEFECTIVE GOODS

(a) Any expressed or implied warranty or condition, whether statutory or otherwise, as to equipment supplied by T.C's is hereby excluded and in lieu thereof T.C's undertakes that if any equipment supplied is shown within 7 days of delivery to be defective in materials or workmanship T.C's will at it's opinion, either replace without charge such defective goods, or refund to the customer the price of such goods subject to compliance with our general returns procedure, available on request as a separate document.

(b) T.C's shall not be liable whether in negligence or otherwise for any consequential loss or loss of profit in connection with any goods supplied.

8. RETURN OF GOODS

T.C's We are unable to supply or install equipment on a sale or return basis.

9. SPARE PARTS AND REPAIRS

The sale of spare parts and the repair of customers goods, both inside and outside warranty, are subject to different terms and conditions available on request.

10. FORCE MAJEURE

(a) T.C's Shall be entitled to suspend, cancel or rescind any contract without liability for loss or damage resulting therefrom if the performance of T.C's obligations under the contract is in any way adversely affected by any war, strike, lock-out, sit in, trade dispute, flood, accidents to plant or machinery, shortage of any material or labour or any other cause beyond the control of T.C's.

(b) T.C's shall not be liable to the customer for shortage of labour, materials, power or other supplies, late delivery or performance or none-delivery or non- performance by suppliers or sub contractors, government order or intervention (whether or not having the force of law ) or any other cause whatever beyond T.C's control or of an unexpected or exceptional nature and in such event T.C's 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 T.C's can reasonably effect performance.

(c) No delay shall entitle the customer to reject any delivery or performance or any further instalment or part of the order or any other order from the customer or to repudiate the contract or the order.

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