Terms and Conditions of Sale
1.0
Acceptance
1.1 The
‘sale’ is between Argonaught Network Technologies Limited and the
organisation or individual referred to in the quotation/invoice.
1.2 Products
and services purchased from Argonaught Network Technologies Limited
(the “Company”) are governed by these terms and conditions (the
“Terms and Conditions”) which you should read carefully before
purchasing. By purchasing from the Company you agree to be bound by
these Terms and Conditions. If you do not agree with these
Conditions, do not purchase from the Company.
1.3 Argonaught
Network Technologies Limited requires that orders be submitted in
writing (wither by postal mail, e-mail or fax) although verbal
orders will be accepted with the following conditions:
1.4 Verbal
orders will be accepted by Argonaught Network Technologies Limited
although Argonaught Network Technologies Limited will not be liable
for any loss resulting in any difference arising between the
products delivered by Argonaught Network Technologies Limited and
those ordered verbally by the buyer, unless a written confirmation
of that verbal order is received by Argonaught Network Technologies
Limited prior to delivery. Such written confirmation must be
clearly marked "Confirmation only". Any duplication of orders which
takes place as a result of not stating "Confirmation only" will
incur a cancellation charge. No accepted order may be cancelled or
rescheduled except with the express written consent of Argonaught
Network Technologies Limited.
2.0
Pricing
2.1 For
service calls there is a callout charge. This charge is a
distance related fee.
2.2 The
hourly rate for a service call is £25-00. This charge goes up to
£35-00 for service calls that take place outside of our normal
working hours, which are 8am to 6pm Monday to Friday. Therefore
work carried out at the weekend will also be charged at this
increased rate.
2.3 Pricing
does not include VAT. VAT is shown as a separate entry. Any
delivery or carriage charges that are applicable are shown as
separate entries.
2.4 For
service calls, if there is no free parking available onsite then
local car park charges will be added to the chargeable amount. This
judgment is to be made by the engineer attending the site.
2.5 Argonaught
retains the right to refuse work based upon the above pricing, in
which case this will be made clear before work is accepted.
2.6 All
invoices shall reflect the quotation given to the buyer by
Argonaught Network Technologies Limited except where there have been
amendments made to the order with the consent of Argonaught Network
Technologies Limited. Where a quotation has not been requested by
the customer prior to receiving an order, Argonaught Network
Technologies Limited shall not be responsible for discrepancies in
the invoice amount.
2.7 If
the buyer amends the quantity or delivery date from that specified
in the order, Argonaught Network Technologies Limited reserves the
right to increase prices to reflect such variations.
2.8 Argonaught
Network Technologies Limited reserves the right to amend accidental
errors or omissions.
2.9 Argonaught
Network Technologies Limited reserves the right to refuse any order.
3.0
Terms of payment
3.1 All
sales are subject to the prior approval of Argonaught
Network Technologies Limited.
3.2 Payment
is required with the receipt of goods except where the customer has
an account with Argonaught Network Technologies Limited.
3.3 If
the customer has an account, the terms of payment are 30 days from
receipt of the invoice except where otherwise stated on the invoice.
3.4 The
buyer shall be in default of payment without reminder.
3.5 In
the event of non-payment, Argonaught Network Technologies Limited
reserves the right to alter terms of payment, suspend credit and
delay shipment and pursue any remedies available at law or under
this agreement
3.6 Late
payments shall be pursued and treated in accordance with the Late
Payment of Commercial Debts (Interest) Act 1998.
4.0
Retention of title
4.1 Title
in the products is rested in Argonaught Network Technologies Limited
until Argonaught Network Technologies Limited has received the
purchase price in full as well as any other payments due to
Argonaught Network Technologies Limited from the buyer.
4.2 long
as the property in the products remains in Argonaught Network
Technologies Limited the buyer must keep the products free from any
charge lieu or encumbrance and mark the products conspicuously as
being the property of Argonaught Network Technologies Limited and
ensure that such marking is not removed or obliterated and if the
buyer is in default in any obligation hereunder or is insolvent or
has a Receiver appointed over all or any of its assets Argonaught
Network Technologies Limited have the right (with or without prior
notice to the buyer) to retake possession of the goods (and for that
purpose to go onto any premises occupied by the buyer and sever the
goods from anything they are attached to without being responsible
for any damage caused) and shall have the right and power to sell
the goods without prejudice to such other rights as the buyer may
have. Such repossession shall not constitute a recession or
termination of the contract between Argonaught Network Technologies
Limited and the buyer unless Argonaught Network Technologies Limited
expressly elects to do so.
5.0
Limitation of liability
5.1 Argonaught
Network Technologies Limited will not be liable for any damage, loss
or injury of whatever nature whether direct or consequential arising
out of or in connection with any goods supplied or resulting from
the use or failure thereof.
5.2 Argonaught
Network Technologies Limited (the ‘Seller’) shall not be liable to
the ‘Buyer’ for any loss (including loss of profit), costs, damages,
charges or expenses incurred by the Buyer or for any loss or damage
to or caused by the Service.
5.3 The
liability of the ‘Seller’ under this Agreement howsoever arising
shall not exceed the Price.
6.0
Law
6.1 This
Agreement shall be governed by and construed in accordance with the
law of England and the parties hereto submit to the non-exclusive
jurisdiction of the English Courts.
6.2 If
any invoice is not found to be correct in all respects, Argonaught
must be notified immediately. Any invoice dispute received 21 days
from date of invoice will be deemed invalid.
6.3 In
accordance with the Data Protection Act 1998, customer data shall be
obtained for one or more specified and lawful purposes and shall not
be further processed in any manner incompatible with that purpose(s).
|