|
Definitions
1.1. "InfoSec Associates" means InfoSec Associates Limited
and InfoSec Associates Partnership.
1.2. "Catalogue" means the catalogue of products and services
offered by InfoSec Associates.
1.3. "Force Majeure" means any cause affecting the performance
by InfoSec Associates of its obligations arising from acts, events,
omissions, happenings or non happenings beyond its reasonable control
including (but not limited to) governmental regulations, fire, flood
or any disaster or industrial dispute affecting a third party.
1.4. "Working days" means Monday to Friday, excluding
Bank or other Public holidays
2. Orders
2.1. All contracts of sale made by InfoSec Associates shall be deemed
to incorporate these terms and conditions, which shall prevail over
any other terms from the party ("the Customer") with whom
InfoSec Associates is dealing. Cancellation of orders by business
to business customers is not accepted as many orders are despatched
on the same day the order is placed. Cancellation of orders by consumers
can only be accepted in accordance with the distance selling Distance
Selling Consumer Protection Cancellation of Contracts away from
Business Regulations: 1987
3. Prices
3.1. Goods and services, together with VAT, are invoiced at the
price prevailing at time of order. InfoSec Associates reserves the
right to modify the prices from time to time.
4. Delivery, Title and Risk
4.1. Any time or date stated for delivery is an estimate only. InfoSec
Associates makes every effort to despatch goods on time, but does
not accept liability for failure to deliver within the stated time.
If InfoSec Associates is unable to deliver the goods within 30 days
of the date of the order, the Customer will be entitled to cancel
the order and require any monies paid to InfoSec Associates in respect
of that order to be refunded.
4.2. InfoSec Associates does not accept liability for shortages
or damage to deliveries unless the Customer notifies Acton of the
shortage or damage in writing within 7 days of receipt of the delivery.
4.2.1. The Customer has to accept the goods when they are ready
for delivery.
4.2.2. Delivery is deemed to take place when the goods are delivered
to the Customer's nominated address, whereupon the risks of loss,
breakage and all damage shall pass to the Customer.
4.2.3. Title in the goods does not pass to the Customer until payment
is received in full by InfoSec Associates.
4.2.4. If the Customer cannot accept delivery, InfoSec Associates
may at its option:
(a) store and insure the goods at the Customer's expense and risk
or (b) sell the goods at the best price reasonably obtainable and
(after deducting reasonable storage insurance and selling costs)
pay to the Customer any excess over the sale price or charge the
Customer for any shortfall.
5. Payment
5.1. InfoSec Associates' standard terms of payment are 30 days from
the date of the invoice, and these will apply except in the case
of transactions where different terms are agreed.
5.2. If payment is not made on the due date, InfoSec Associates
will be entitled to charge interest daily on the outstanding balance
at the rate of 3% above Lloyds TSB PLC base lending rate from time
to time.
6. Product specifications
6.1. InfoSec Associates makes every effort to supply the goods as
advertised but reserves the right to vary actual dimensions, specifications
and quantities without prior notice. In the event that InfoSec Associates
cannot supply the goods ordered by the Customer, InfoSec Associates
reserves the right to offer goods of equal or superior quality at
no extra cost. If the Customer does not wish to accept the alternative
goods offered he or she may cancel the order and require any money
paid to InfoSec Associates in respect of that order to be refunded.
7. Trade names and Trade Marks
7.1. Trade names and marks (other than InfoSec Associates') are
not always indications of manufacturers but may also be indicative
of general use systems and machines associated with such products.
In the case of component purchases, Customers requiring a particular
brand of product should check with InfoSec Associates the manufacturer
of component it is proposed to supply.
8. Warranties and Returns
8.1. InfoSec Associates is committed to providing our customers
with the highest quality products and service. However, on rare
occasions, products may be found to be faulty or defective, and
in keeping with our commitment to providing Customers with excellent
service, we offer the returns facilities set out below.
8.2. All goods supplied by InfoSec Associates are warranted to be
generally free from defects in workmanship and materials and fit
for the purpose for which such goods would normally be used. Subject
to this, however, goods are not tested or sold as being fit for
any particular application or for use under specific conditions,
unless expressly agreed in writing.
8.3. Subject to the right of consumers to return goods for refund
under The Consumer Protection (Distance Selling) Regulations 2000,
InfoSec Associates does not sell products on a trial basis. Customers
are strongly advised to check suitability and specifications of
products before ordering.
8.4. In the event that InfoSec Associates, at its discretion, agrees
to accept the return for credit of unwanted products, the goods
must be returned with InfoSec Associates' prior agreement within
14 days of delivery. The goods must be unopened and in perfect re-saleable
condition. All goods returned in these circumstances will be subject
to a handling fee of 15% of the goods value or £20, whichever
is the greater.
8.5. Subject to testing in order to verify any alleged fault, we
will accept the return of defective computer products for full refund
or replacement, if, but only if, the goods are returned within 14
days of purchase.
8.6. InfoSec Associates' Technical Support staff will advise you
of which method of delivery to use to return the products. Depending
on the nature of the product purchased, we will either arrange a
courier collection of the product, or request that you return the
product to us directly. Where appropriate, the cost of returning
the item will be refunded to you. Authorised product returns must
be sent to: Infosec Associates Ltd, The Old Courthouse, 38 High
Street, Steyning, West Sussex BN44 3YE United Kingdom.
8.6.1. InfoSec Associates offers a "no charge" collection,
repair and delivery service (on the UK mainland only) for hardware
which is shown to be faulty. If we have arranged for a courier collection
of your product, we are unable to specify the collection time, and
it is your responsibility to ensure that someone will be present
when the courier arrives at the collection address.
8.6.2. All returned goods must be accompanied by InfoSec Associates'
Returns Authorisation number (RA) which can be obtained by contacting
InfoSec Associates on +44 1903 879879. Returned goods will not be
accepted without an InfoSec Associates RA number. The RA number
must be clearly marked on the outer packaging, not on the goods.
Failure to follow these instructions may result in delay and additional
costs.
8.6.3. InfoSec Associates cannot accept liability for packages damaged
during transit. It is the Customer's responsibility to wrap the
product adequately to prevent damage.
8.6.4. Proof of postage is not proof of delivery and you are therefore
strongly advised to send your package by recorded delivery, registered
post or courier, and to maintain sufficient insurance to cover the
value of the goods.
8.6.5. On receipt of the returned product, we will test it to identify
the fault you have notified to us.
8.6.6. If following the testing process, the product is found to
be in good working order without defect, we will return the product
to you, and the carriage costs of this return will be your responsibility.
8.6.7. This warranty shall not apply if the goods have been worked
upon, altered or damaged in any way by the Customer or its employees
or agents, or to goods not used in accordance with the manufacturer's
instructions.
8.6.8. The failure of a product to be Year 2000 complaint does not
constitute a defect in materials and workmanship.
8.7. Unless otherwise stated in the manufacturer's documentation,
all goods delivered to UK mainland address carry a 12-month manufacturer's
warranty. Customers who wish to make a warranty claim must comply
with the manufacturer's instructions and warranty procedure. In
order to expedite a resolution of your problem, we may refer you
to the product manufacturer who will deal directly with the return.
In these instances, we will provide you with the contact information
for the relevant manufacturer.
8.8. No software on which seals have been broken can be returned
for credit. If any software discs are faulty they will be replaced
by the manufacturer. Please note Software Licences are non returnable.
8.9. Some manufacturers require goods to be returned within 14 days
or less in order to secure refund. In such instances the manufacturer's
time limit will apply and therefore InfoSec Associates will only
accept a return within 14 days of purchase or the manufacturer's
time limit if it is less than 14 days. This is clearly indicated
on the catalogue page for the particular product.
9. InfoSec Associates' liability
9.1. InfoSec Associates shall under no circumstances be liable for
any consequential or indirect damage or loss, however caused, including
(but not restricted to) loss of profits, loss of goodwill, damage
to trading relationships, and financial loss. InfoSec Associates'
liability in respect of all other losses shall be limited to the
invoiced value of the relevant order.
9.2. Nothing in this agreement shall limit InfoSec Associates' liability
for death or personal injury caused by its negligence.
10. Health and Safety
10.1. In accordance with the Health and Safety at Work etc Act 1974
and the Consumer Protection Act 1987, InfoSec Associates confirms
that the goods it supplies as a distributor do not present a hazard
to health and safety when properly used for the purpose for which
they are designed and when the Customer takes reasonable and normal
precautions in their use.
11. Force Majeure
11.1. Where, in spite of its reasonable efforts, InfoSec Associates
is unable to perform an obligation due to force majeure, it shall
not be deemed to be in breach of its contract with the Customer.
12. The Consumer Protection (Distance Selling) Regulations 2000
12.1. Contracts for the purchase of goods by a Customer not acting
in the course of a business and made over the telephone or through
the InfoSec Associates website are, with the exception of certain
excepted contracts, subject to The Consumer Protection (Distance
Selling) Regulations 2000 ("the Regulations").
12.2. If the Regulations apply, Customers may cancel goods purchased
from InfoSec Associates by sending a notice of cancellation by post
or hand delivery to The Old Courthouse, 38 High Street, Steyning,
West Sussex, BN44 3YE, or by fax or e-mail.
12.3. The notice of cancellation must be delivered within 7 days
of the date of delivery of the goods.
12.4. The Customer will be responsible for the cost of returning
the goods. If the Customer does not actually return the goods to
InfoSec Associates, the Customer is under a duty to make the goods
available for collection from the address to which they were delivered.
12.5. The Customer is under a duty to retain possession of the goods
whilst they are awaiting return to InfoSec Associates and to take
reasonable care of them during this period.
13. Errors and Omissions
13.1. InfoSec Associates makes every effort to ensure that all prices
and descriptions quoted in its catalogue and on its website are
correct and accurate. However, the frenetic tempo of e-commerce
makes it inevitable that mistakes will occasionally occur. In the
case of a manifest error or omission, InfoSec Associates will be
entitled to rescind the contract, not with standing that it has
already accepted the Customer's order, and InfoSec Associates' liability
in that event will be limited to the return of any money the Customer
has paid in respect of that order.
13.2. A 'manifest error', as the term is used above, means, in relation
to an incorrect price, a price quoted in error by InfoSec Associates
which is more than 10% less than the price that would have been
quoted had the mistake not been made.
14. General
14.1. Nothing in these terms and conditions affects your statutory
rights, either as a consumer or otherwise.
14.2. If any provision in this Agreement is held to be invalid or
unenforceable, it shall be deemed severed from the Agreement and
this shall not affect the validity or enforceability of the remaining
provisions.
14.3. Any waiver of a breach of this Agreement must be in writing.
14.4. Any variation of this Agreement must be in writing and signed
by a duly authorised InfoSec Associates official.
14.5. The headings are for convenience only and shall not affect
the interpretation of this Agreement.
14.6. Any notices given under this Agreement shall be in writing
and sent (a) by first class pre-paid post to the last known address
of the party or (b) by fax to their last known fax number or (c)
by e-mail to the last notified e-mail address of the party. The
notice shall be deemed served (a) two working days after posting
or (b) upon receipt of a successful transmission report or (c) after
system confirmation of e-mail delivery.
14.7. These terms and conditions shall be governed by and construed
in accordance with the laws of England and the parties submit to
the exclusive jurisdiction of the English courts.
14.8. InfoSec Associates may at its discretion record telephone
transactions for staff training and quality control purposes. The
tapes will be erased after review.
14.9. InfoSec Associates reserves the right to change or amend these
terms and conditions at any time and without prior notice.
|
