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Terms and Conditions

0. DEFINITIONS.
Throughout these Terms and Conditions, the expressions "the Company" or "the Company's", mean and refer to Britelec Network Services Limited.

1. CONTRACTS.
1.1 Unless otherwise agreed in writing, all materials, equipment, installations or services, sold by the Company, are subject to the following conditions, notwithstanding anything to the contrary in the Purchaser conditions of and no representative of the Company has any authority to omit or vary these conditions. Materials and/or equipment, which are subject to provisions or restrictions imposed by Manufacturers or Suppliers terms and conditions, are sold subject to those terms and conditions.
1.2 Contracts are made and orders accepted only upon, and subject to, these conditions of sale. All other conditions are hereby excluded, unless expressly accepted in writing by the Company.
1.3 In entering into a contract with the Company, the Purchaser acknowledges that the contract has not been induced by any representations orally, or in writing made by the Company, their servants or agents.
1.4 No quotation, estimate, or tender given or made by the Company, shall form an offer capable of acceptance by the Purchaser, unless confirmation, in writing, is received by the Company, of the Purchasers order, or other offer to purchase.
1.5 Any clerical, typing or other error, or omission in any sales literature, estimate, quotation, price list, acceptance of offer, invoice or other document, or information issued by the Company, shall be subject to correction without any liability on the part of the Company.
1.6 Where retention monies are to be retained by the Purchaser, or commission is required by the Purchaser, the Company shall be informed at the outset, and prior to estimating or quoting, the retention rate and/or rate of commission required by the Purchaser.
1.7 The Company may at their absolute discretion, accept or reject any order placed by the Purchaser.
1.8 Where the Company is informed that an installation can commence, Installation Engineers will be sent to site on the agreed date. If upon arriving on site, they are for any reason, unable to commence work, due to the site not being ready, then an abortive charge will be made.
1.9 Where Britelec are re-selling the services of other companies any terms and conditions imposed by the relevant other company are therefore also imposed upon you and you are subject to those terms and conditions.

2. PRICES.
2.1 Unless otherwise stated, prices are exclusive of VAT, which will be charged at the rate applicable when invoiced.
2.2 Prices exclude the cost of any packing, carriage and insurance costs, unless otherwise agreed between the Company and the Purchaser, in writing.
2.3 Prices for services, materials and/or equipment invoiced, will be those ruling at the date of installation or despatch.
2.4 Quotations are valid for 30 days only. Estimates are valid for the duration stated on the estimate and may be subject to variation.

3. DELIVERY.
3.1 The Company will use it reasonable endeavours to deliver at the time stated, but delivery dates shall be regarded as approximate only. Time of delivery shall not be the essence of the contract, unless expressly stipulated in writing.
3.2 Where an agreed date and time has been made for work to be carried out, every endeavour will be made to carry out the installation on that date. However, owing to circumstances beyond the Company's control, it is unlikely that the Company will be able to make the appointment, then the Purchaser will be given as much advance notice as possible and an alternative date and time agreed.
3.3 Materials, Equipment and Ancillary items, when delivered to Purchasers premises, will be sent to the "Goods In" department. Where no "Goods In" department exists, it will be sent to a nominated Purchasers representative, or to a Britelec Representative and/or Engineer, where they may be on site.
3.4 Where materials and/or equipment are not available from certain Manufacturers and/or Suppliers, within the agreed timescales, then the Company reserves the right to purchase the same items from alternative Suppliers. If the required items are still not available from Suppliers, within the Purchasers timescales, or have been discontinued, then the Company will accept no liability for non-delivery.
3.5 Usually, and where possible materials and equipment will be delivered in Company vehicles. Where Manufacturers, Suppliers or Couriers etc. deliver materials and equipment, no liability can be accepted for late or non-delivery.
3.6 Where non-standard, and/or special items are ordered for the Purchaser, no refunds shall be made.

4 TERMS OF PAYMENT.
4.1 Where credit terms are given, payment shall be made in full, not later than 30 days, from the date invoiced.
4.2 All invoice payments must be made in full, without deduction of any kind.
4.3 If payment is not made by the due date, or if there is any default, or refusal on the part of the Purchaser, to take Delivery of any goods, materials or services ordered, all monies owed by the Purchaser to the Company, shall Become due and the Company without prejudice to any of its rights under these conditions, withdraw any discounts, (where applicable), and charge interest on the outstanding amount at the rate of 4% per annum above the base rate of Lloyds TSB, or the prevailing rate pursuant to stature, (whichever is the greater). From time to time such interest to accrue on a daily rate until the date of actual payment, after, as well as before any judgement.
4.4 Where the goods or services are delivered in instalments or phases, as part of a formal contract, then payment for each instalment or phase shall be a condition of delivery of subsequent instalments or phases.
4.5 Where the Company has to continually chase up monies owed by the Purchaser, whether by letter, telephone, facsimile, e-mail, in person, or by debt collection services, then the Company reserves the right to make a charge for recovering the accrued amounts from the Purchaser.
4.6 The Purchaser will pay all costs and expenses, including without limitation, legal and other debt collection expenses incurred by the Company, in recovering and attempting to recover all or any amounts due to the Company from the Purchaser.
4.7 Where goods and/or services are supplied as special offers, payment shall be made under the terms stated on the invoice, usually 15 days.
4.8 If payment is not received within the stated time in Clause 4.7, then the special offer will be withdrawn, the price will revert back to the Recommended Retail Price, re-invoiced, payable within 30 days.
4.9 In circumstances where the Company has to re-invoice for non-payment, then a minimum administration charge of £40.00 will be made. (See also Clauses 4.3, 4.5 and 4.6).

5. TITLE AND RISK.
5.1 Risk in Goods shall pass to the Purchaser on delivery and the Purchaser shall insure the Goods for their full value from that time.
5.2 Notwithstanding clause 5.1, legal and beneficial ownership of the Goods shall remain with the Company until payment has been made in full and received by the Company:
5.2.1 for the Goods.
5.2.2 for any Goods or Services provided by the Company.
5.2.3 for any monies due from the Purchaser to the Company on any account.
5.3 Each sub-sub-clause of sub-clause 5.2 is separate, severable and distinct from the others.
5.4 Until the property in the Goods passes to the Purchaser under sub-clause 5.2, the Purchaser shall:
5.4.1 Are Bailee of the Goods.
5.4.2 Keep the Goods separately and readily identifiable as the property of the Company.

5.5 Notwithstanding sub-clause 5.2, the Purchaser may as principal in the ordinary course of its business use the Goods.
5.6 Goods shall be deemed sold or used in the order delivered to the Purchaser.
5.7 Each clause and sub-clause of this clause is separate, severable and distinct

6. SHORTAGES, INCOMPLETE ORDERS, DAMAGED GOODS AND NON-DELIVERY.
6.1 No claims for incomplete orders or damaged Goods shall be made unless such shortage or damage is noted on the delivery note, where Goods are inspected on delivery, or where not inspected, the Company is notified within two days of receipt of the Goods and a formal written notice is sent within 5 days of receipt of the Goods and in the absence of such notification, the Purchaser shall be deemed to have accepted the Goods.
6.2 No claims for non-delivery shall be made unless the Company is notified in writing within 5 days of receiving the invoice.

7. RETURN OF GOODS.
7.1 The Purchaser shall not be entitled to return Goods supplied for credit, except by special arrangement, confirmed by the Company in writing. Any request for the return of Goods must be accompanied by the invoice number, office reference number, Return Materials Authorisation, (RMA number), where applicable and date on which the Goods were delivered.

8. WARRANTY.
8.1 The Company provides a twelve-month warranty, in addition to the Manufacturer's warranty. This applies to voice, data and fibre installation work and is subject to certain conditions. All work is fully tested with the appropriate test equipment and installed to the appropriate standards, guidelines, recommendations and schedules.
8.2 The Company agrees to make good by replacement or repair, defect(s) that arise solely from faulty materials or workmanship, within a twelve-month period from delivery, provided that the Company is notified in writing of the defect(s), and the Company accepts the defect(s).
8.3 The warranty given in clause 8.2, is subject to the following provisos:
8.3.1 That the Purchaser shall have followed any instructions issued by the Company in relation to the Goods or Services provided.
8.3.2 That the Purchaser has complied with the provisions or restriction imposed by manufacturers licence conditions in relation to the Goods
• 8.3.3 That in the case of defects which would have been reasonable apparent to the Purchaser upon inspection on delivery, the Purchaser shall notify the Company of the defects in writing within seven days of delivery.
8.3.4 That in the case of other defects, including installation defects, the Purchaser shall notify the Company within five working days of the defect becoming apparent.
8.3.5 That no seals, where fitted, wiring, or accessories have been tampered with, no additions, deletions or alterations to the installation have been made by the Purchaser, or any agent, other persons or Sub-Contractors hired or employed by the Purchaser.

8.4 Goods, which are returned for repair or replacement without an RMA number, will be returned to the Purchaser, at the Purchaser's cost.
8.5 This clause shall not deprive a Purchaser, dealing as a consumer, pursuant to Section 12 of the Unfair Contract Terms Act 1977 of his statutory rights.

9. LIMITATION OF LIABILITY.
9.1 The amount of any damages recoverable by the Purchaser from the Company for breach of contract or negligence shall be limited to the invoice price of the Goods and/or services provided.

10. TERMINATION.
10.1 The Company shall be entitled to terminate any contract forthwith, without prejudice to its own rights accrued at the date such termination, and to recover damages in the event of any of breach by the Purchaser of its obligations hereunder, or if the Purchaser shall be adjudicated bankrupt, or has a receiving order against it, or being a company, An administrator, administrative receiver or a receiver is appointed of the whole, or any part of its assets or undertakings, or a winding up order is made against the Purchaser, or the Purchaser goes into voluntary liquidation, (other than for the purpose of reconstruction or amalgamation) or, (in either case) if the Purchaser calls a meeting, or makes any arrangement or composition, or allows execution or distress to be levied against its goods.

11. INTELLECTUAL PROPERTY.
11.1 The Purchaser will indemnify the Company against all damages, penalties, costs, losses, and expenses suffered by the Company, or for which it may become liable in respect of the infringement of any intellectual property right, including, (without limitation), any patent, copyright, design, drawings or other data supplied by the Purchaser.
11.2 All catalogues, brochures, drawing, descriptions, illustrations and other information submitted by the Company, shall remain the property of the Company, together with the copyright therein, and may not be copied or used for any purpose other than that for which they are supplied, without the express written authority of the Company.

12. FORCE MAJEURE.
12.1 The Company shall have no liability whatsoever, in respect of any delay, or failure in the delivering of goods, or in the performing of any of the Company's other obligations of any nature, due directly or indirectly to any cause whatsoever, outside the reasonable control of the Company. This includes, but is not limited to war, invasion, riots, rebellion, disorder, civil commotion, malicious damage, strikes, lockouts, or other industrial disputes, acts of God, flood, tempest unusually severe weather, fire, epidemic, energy cuts, transport delays, failure of suppliers or subcontractors or their employees, to perform, or acts of omission by the Purchaser.

13 GOVERNING LAW.
13.1 The contract shall be governed by and construed in accordance with English law and the parties hereto, submit to the non-exclusive jurisdiction of the English Courts.