+44 (0) 20 7870 0000
1. DEFINITIONS
Tribune Consultancy Services Ltd.: We, Us or ‘the Company’
Customer: You and Your
Goods: Hardware and Software products sold by us to you including packaging, manuals and other ancillary components or documents.
Services: Installation, Consultation and Survey time sold by us to you.
Quotation: An e-mail, fax or letter statement of the current price and description of a products or Services provided by Tribune Consultancy Services Ltd subject to Tribune standard terms and conditions.
Support Contract: An agreement for support from us to you,
i) Installation services terms and conditions
ii) Core service level terms and conditions
iii) Technical support terms and conditions
2. GENERAL
All accepted orders for goods and services, from Tribune Consultancy Services Ltd., are subject to the following express terms and conditions. No binding contract will come into effect until Tribune Consultancy Services Ltd. has indicated its acceptance of an order in writing or by making delivery of any goods or services.
Nothing in these conditions shall affect the statutory rights of any Customer.
3. MAKING AN AGREEMENT TO PURCHASE OUR GOODS
• Due to the nature of the market place, the description and price of individual goods can change.
• Your order is an offer to us to buy the goods or services of the specification and description at the price indicated on the quotation.
• The invitation to you to order goods or services from us is not an offer by us to sell you the goods or services described at the price indicated.
• Wherever possible we will accept your order to buy the goods or services, of the specification and description, at the price indicated by quotation. In which case there will be a concluded agreement between you and us.
• Wherever it is not possible to accept your order to buy the goods or services, of the specification and description, at the price indicated, we will advise you by e-mail, fax or letter and offer to sell you the goods or services of the specification and description at the price stated in a new quotation and will state the period for which the offer or the price remains valid.
• You may accept our offer by fax, e-mail or letter, within the period stated, in which case there will be a concluded agreement between us.
4. TITLE TO GOODS
The Company and the Customer agree that until the Company has received full cleared payment for the goods.
(a) Property in the goods shall remain with the Company and the Customer shall hold the goods as a bailee and be fully accountable to the Company in respect thereof until such time as payment in full has been received by the Company for all goods supplied.
(b) Not applicable to consumers. As bailor of the goods, the Company, by its employees or agents, shall (without prejudice to the Customer's continuing fiduciary obligations) be entitled to enter upon or into any land, buildings or vehicles where the goods, delivered to the Customer under this contract together with any interest or any other sum payable in respect of the goods under this contract, or part of them, are situated or are reasonably thought to be situated, to retake possession of the same.
5. DELIVERY
• Delivery dates & times are given in good faith by the Company to indicate estimated delivery times, but shall not amount to any contractual obligation to deliver at the date & time stated. Delivery is subject to payment clearance, locality, human error, carrier error and system failure.
• No liability for direct or consequential loss or damage arising from a delay in delivery will be accepted by the Company.
• For collection orders paid by credit card the card holder must be present before or on collection.
• If there is a change to the agreed delivery date then the Customer shall have the right to cancel the order and receive a full refund of the amount paid.
• The costs of carriage, including any insurance, which you direct us to incur, shall be reimbursed by you on by the agreed payment date (see Prices and Payment terms).
• The goods shall be delivered by us to your address and the risk in the goods shall pass to you upon such delivery taking place.
• All goods should be inspected at time of delivery and any loss or damage should be reported to the carrier and the Company within 24 hours.
• Insofar as you report any damage to goods to us within 24 hours of delivery we will refund the price and carriage or replace the goods at no cost to you.
• In respect of any damage to goods reported to us after 24 hours of delivery the Company shall at its absolute discretion decide whether or not such damage occurred prior to dispatch.
6. CREDITAny contract shall be subject to the Company being satisfied as to the Customer's credit worthiness and without generality to the foregoing the Company may, in its absolute discretion, having informed the Customer that the goods are ready for delivery, refrain from delivering the goods until such time as the Customer renders the purchase money to the Company in a form satisfactory to the Company. Prospective customers wishing to open a credit account are requested to furnish two trade references and one banker's reference. Until the opening of a credit account has been confirmed delivery will not be made unless payment has been received with order or made against the Company's pro-forma invoice. (Latest audited accounts required).
7. PAYMENT Where credit terms are allowed, terms of payment are strictly net and payable 30 days from the date of the Company's invoice. No receipts will be issued against payments by cheque unless specifically requested. The Company, at its discretion, reserves the right to implement charges (including interest charges) on account outstanding beyond the time specified in this condition. All over due sums will be subject to the Late Payment of Commercial Debts (Interest) Act. The Company can exercise this right in addition to any other rights it may have in respect of the goods or non-payment. Payment by the due date shall be of the essence of the contract.
8. PRICES
The Customer will be informed of the total price of the order before being binding and if there are any price changes before delivery then the Customer will be advised and will have the option to cancel the order and receive a refund.
Any clerical or error or omission in any sales literature, quotation, price list (including the Internet), 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.
9. EXTRA COSTS
All variations to the order must be in writing and will not be acted upon otherwise. In the event of any variation or suspension of orders through the Customer's instructions, or lack of instructions, prices may be increased to cover any extra expenses thereby incurred by the Company.
10. ORDERS
In the case of goods purchased by credit card, those goods can only be shipped to the credit card holder address (in order to protect you, we carry out extensive checks to ensure that your card is not being used fraudulently). Orders sent in confirmation of telephone instructions should be clearly marked as such, otherwise any additional expense incurred as a result of duplication of orders will be payable by the Customer.
11. CANCELLATION
Acceptance of cancellation of an order shall be at the discretion of the Company and any such acceptance may be subject to payment by the Customer of a cancellation charge, representing the Company's administrative costs involved.
In certain instances where the Company has spent considerable effort in obtaining goods specially requested for by the customer, the Company may decide at its discretion not to allow cancellation of such order.
12. TERMINATIONWhere a Support Contract has been entered into either party may terminate the contract by giving at least 90 days prior written notice to the other party, such notice to be effective from the end of either the Initial Term or the anniversary date thereof.
13. DESPATCH CHARGES
All orders will be subject to carriage charges. Carriage charges can be obtained by the Company. This additional charge will not be refundable in the event of any dispute arising on the contract unless the Customer is a consumer in which case all despatch charges will be refunded.
14. DAMAGE OR LOSS IN TRANSIT AND SHORTAGES
Any damage to goods in transit should be notified to the carriers immediately and to the Company within 24 hours of receipt. Packaging and contents must be held for inspection. Non-receipt of goods to be notified within 24 hours of receipt of invoice. If the Customer is a consumer then a reasonable time will be allowed to inspect the goods to ensure the order complies with The Sale of Goods Act 1979.
15. COMPATIBILITY
Goods are not supplied on a trial basis. Customers are responsible for verifying suitability and compatibility of equipment before purchasing it. All software items supplied are subject to Manufacturer's Licensing Agreement-the seal must not be broken if the conditions of the License are not acceptable.
The Company does not warrant the suitability and compatibility of goods for specific applications
16. RETURNS
Returns Authorisation (RA) must be obtained from the Company prior to returning any item. The returned item must be accompanied by the relevant Invoice/Delivery Note. The Company accepts no responsibility whatsoever for items returned without RA and relevant Invoice/Delivery Note.
Unwanted items must be returned within 14 days for credit or exchange, for whatever reason, and will be subject to a re-stocking charge of, £20, or 15% of the purchase value, whichever is greater. No restocking charge will be made where a) faulty goods are returned or b) goods are returned where the Customer has exercised their right to reject. Software items will not be accepted for return unless the goods are faulty or the shrink-wrap or copyright seal is intact.
All packaging material must be retained until the goods are fully tested and functional. If for any reason the goods are returned, they must be returned in their original packaging material, including warranty repairs. If original packaging is not used, the Company will not be responsible for any damage caused during transit. Additionally, the Company will make a charge for supplying new packaging material. Proof of despatch must be retained until safe receipt is acknowledged by the Company.
Tribune will only accept unwanted computer products for refund within 7 days of delivery, provided that the goods are complete with all relevant packaging in an unused and re-saleable condition. You must inform us in writing of your desire to cancel within seven working days starting on the day after the day the goods are delivered to you. You must return the goods to us at your cost and we advise you to ensure the goods are adequately insured during any return journey. If you have not returned the goods within 14 days of cancellation or if requested we can collect the goods from you at your cost.
17. WARRANTY
For consumers the Sale of Goods Act 1979 applies.
i) The Company does not manufacture the goods but sells them with the benefit of the manufacturer‘s warranty
ii) UK Mainland
a) The Company will repair or replace, at its discretion, faulty equipment with no charge to the customer up to a period of 4 days from the date of purchase. For any subsequent warranty repair, it will be the customer's liability to pay all carriage charges.
b) All Customer equipment is covered by a 12 month repair warranty for parts and labour only from the date of purchase. All sub-assemblies which require fitting into other equipment are covered by a 3 month repair warranty for the parts & labour only from the date of purchase, provided that the item is correctly installed by a qualified technician. Repairs are made on a best efforts basis.
c) In cases where the equipment manufacturer offers "On Site 'Warranty", the Customer will be responsible for contacting the manufacturer or its agents directly to obtain the services required. The Company will not be held responsible for the failure of the manufacturer or its agents to carry out the necessary repairs.
d) The Customer will be responsible for all carriage/customs charges to get the defective equipment repaired/replaced under warranty.
e) All liability is subject to the Company receiving authorisation/credit note from the manufacturer or the supplier.
f) The Company shall reject claims relating to: fair wear and tear, accidental or wilful damage, abnormal working conditions, alteration, misuse, or failure to follow manufacture instructions.
g) Warranty support may involve dealing directly with the manufacturer.
iii) Non UK Mainland
The customer will be responsible for all carriage/customs charges to get the defective equipment repaired/replaced/returned under warranty.
iv) Customers requiring continuous use of their equipment are strongly recommended to undertake an on-site maintenance contract.
18. CONSEQUENTIAL LOSS
The Company's liability will be limited to the value of the goods only and not for any consequential damages or losses howsoever caused.
19. FORCE MAJEURE
The Company shall not be liable for any delay in or failure to perform any of its obligations hereunder if the delay or failure is due to causes outside the reasonable control of the Company, i.e. acts of god, riots, floods, fire, earthquake, war, civil commotion and the like.
20. BANKRUPTCY
In the event of the Customer committing any breach of contract with the Company or if any distress or execution is levied upon the goods of the Customer offers to make any arrangement with or for the benefit of the Customer's creditors or commits any act of bankruptcy or, being a limited Company, has a Receiver appointed of its undertaking or assets or any part thereof or, for the purpose of a reconstruction or amalgamation without insolvency, goes into liquidation, the Company shall thereupon be entitled without prejudice to its other rights forthwith to suspend all further deliveries until the fault has been made good or to determine the contract or any unfulfilled part thereof, at the Company's option to make partial deliveries.
21. VALUE ADDED TAX
Where chargeable, Value Added Tax will be charged at the rate applicable at the date of dispatch.
22 TERMS
Unless otherwise agreed by the Company in writing, these conditions shall override any terms and conditions contained in or referred to in any documentation received from the Customer.
23. GOVERNING LAW
These terms and conditions shall be subject to and construed in accordance with the law of England and Wales.
24 THIRD PARTY RIGHTS
The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement and are hereby expressly excluded
25 WAIVER
The rights of the Company under this agreement shall not be prejudiced, restricted or limited in any way by the failure of the Company to insist on any of the terms contained herein and no waiver by the Company of any of its rights in relation to any breach of contract or otherwise shall affect its rights in respect of any subsequent breach.
26 SEVERABILITY
Where any term of this agreement is held to be invalid then the remaining provisions shall remain in full force.
27. The Company endeavours to respond to complaints within five working days.
These conditions do not affect your statutory rights
* On site Warranty applies to UK Mainland only (N. Ireland, Scottish Highlands, Channel Island etc, excluded).
Terms and Conditions are subject to change without notice.
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