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Terms and Conditions of Sale
All orders for Products accepted by CCTV Direct are accepted subject to the following conditions which shall form part and govern the contract of sale. Acceptance of Products shall be deemed to be acceptance of these conditions of sale. Any term sought to be imposed by a purchaser either in a document or otherwise that conflicts with or adds to these conditions is not accepted. No agent or representative of CCTV Direct has authority to vary these conditions unless accepted in writing by a Director of CCTV Direct.
1. Definitions
1.1 “Products” shall mean the products, including Hardware and Software, as supplied by CCTV Direct. The Products may be modified or discontinued at any time in accordance with CCTV Direct’s continuous product enhancement policy. 1.2 “Hardware” shall mean the physical equipment (not Software) included as part of the Products. 1.3 “Software” shall mean each software program in executable or object code form included as part of the Products. 1.4 “List Price” shall mean the price for the Products as set forth in CCTV Direct’s price list. 1.5 “Trade Price” shall mean the price for the Products as set forth in CCTV Direct’s trade price list. 1.6 “Purchase Order” shall mean a written purchase order using the official stationary of the Purchaser or electronic purchase order placed by the Purchaser using CCTV Direct’s website ordering service. 1.7 “Purchase Price” shall mean the amount to be paid by Purchaser for the Products. 1.8 “Purchaser” shall mean any party that purchases the Products. 1.9 “Bespoke” shall mean Products that undergo a Purchasers specific instructions in terms of design, branding and /or manufacture.
2. Payments, Price and Taxes
2.1 CCTV Direct shall have the right at any time to revise its Purchase Price for any Products. 2.2 All Purchase Prices are ex works from CCTV Direct’s Designated Facility. 2.3 All invoices are due for payment prior to shipment of the Products unless credit terms have been earlier agreed; payable to CCTV Direct’s Designated Facility. Payment is to be made in Pounds Sterling/ Euro unless otherwise agreed in writing by a CCTV Direct Director. 2.4 All overdue accounts will be charged, on a daily basis, commercial interest at 4% above the base rate of Lloyds Bank plc. 2.5 Where CCTV Direct has the legal obligation to collect taxes, the appropriate amount shall be added to Purchaser's invoice and paid by Purchaser unless Purchaser provides CCTV Direct with a valid tax exemption certificate authorized by the appropriate taxing authority. 2.6 Where a Purchase Order specifies supply of Bespoke Products, 50% of Purchase Price will be immediately payable following order acceptance by CCTV Direct.
3. Order and Acceptance
All orders for Products submitted by Purchaser shall be initiated by a Purchase Order. No order shall be binding upon CCTV Direct until a Purchase Order has been accepted by CCTV Direct in writing and CCTV Direct shall have no liability to Purchaser with respect to orders that are not accepted. CCTV Direct shall use its reasonable commercial efforts to notify Purchaser, by facsimile or email, of the acceptance or rejection of an order and of the assigned delivery date for accepted orders within twenty four (24) hours after receipt of the Purchase Order. No partial shipment of a Purchase Order shall constitute the acceptance of the entire order, absent the written acceptance of such entire Purchase Order. CCTV Direct shall use its reasonable commercial efforts to deliver Products at the time specified either in the Purchase Order or in CCTV Direct’s written acceptance of such Purchase Order.
4. Cancellation and Reschedule Charges
Excluding orders for Bespoke Products which are irrevocable, should a Purchaser request to: (i) cancel all or any part of any Purchase Order; (ii) fail to meet any obligation hereunder, causing cancellation or rescheduling of any Purchase Order or portion thereof; (iii) request a rescheduling of the delivery of Products and the request is accepted by CCTV Direct; or (iv) request a configuration change causing rescheduling of the delivery of Products, and the request is accepted by CCTV Direct; Purchaser agrees to pay to CCTV Direct, should it be requested, the following cancellation / reschedule charges: Cancellation or Reschedule Cancellation/Reschedule Charge Notice is Received: (% of List Price)2 days or more prior to scheduled delivery date 5% 1 day or less prior to scheduled delivery date 10% Recognizing that the cancellation or rescheduling of any Purchase Order will cause damage to CCTV Direct in an amount that cannot be readily determined, then Purchaser agrees that the foregoing charges represent a reasonable estimate of the damages to CCTV Direct which would result from such cancellation or rescheduling. Should Purchase Order that is deemed irrevocable be cancelled then the full Purchase Price will be paid by Purchaser. In addition, there shall be no cancellation/ rescheduling charges for correction of any typographical or clerical errors, or change of location for delivery where Purchaser provides to CCTV Direct within 24 hours prior to the date of shipping.
5. Availability of Product
CCTV Direct will use its reasonable commercial efforts to comply with the date agreed for dispatch or delivery of the Products where the date is given and intended as an estimate only and is not to be the essence of the contract. If owing to non availability of the Products or any other causes beyond CCTV Direct’s control arise, then CCTV Direct shall be at liberty to propose an alternative delivery date and the Purchaser may have the option of canceling the Purchase Order without penalty.
6. Property and Risk
For so long as any amounts remain owing from the Purchaser to CCTV Direct (whether immediately due or not) title to the property of the Products shall remain in CCTV Direct and ownership will not pass to the Purchaser until CCTV Direct has received payment (cleared funds) in full. In the event of the Purchaser reselling the Products, if CCTV Direct has not received all amounts owing to it, the Purchaser shall account to CCTV Direct for the proceeds of any such sale and meanwhile hold all proceeds of such sale of such Products upon trust of CCTV Direct until CCTV Direct has received such amounts in full. At any time after the due date for payment from the Purchaser to CCTV Direct, and so long as such amounts have not been received by CCTV Direct, CCTV Direct shall at the Purchasers expense have the right to enter the Purchasers premises and remove from there Products which remain the property of CCTV Direct.
7. Shipping
All Products delivered pursuant to the terms of this agreement shall be packed for shipment in CCTV Direct’s standard shipping cartons, marked for shipment to purchasers address as stated on Purchase Order. Unless otherwise instructed in writing by Purchaser, CCTV Direct shall select the carrier. All freight, insurance, and other shipping expenses, as well as any special packing expense, shall be paid by Purchaser. CCTV Direct will ship to Purchaser's primary place of business unless CCTV Direct has received in writing, instructions to ship to another location. Upon delivery of the Products to the Purchasers address, then risk of loss to the Products shall pass to Purchaser.
8. Liability
8.1 No liability for any claim for damage or non-functionality shall be accepted unless CCTV Direct is notified in writing by the Purchaser within two (2) days of delivery. This period may be extended at the sole discretion of CCTV Direct. 8.2 No liability for any claim for missing items shall be accepted unless CCTV Direct is notified in writing by the Purchaser within one (1) day of delivery. 8.3 The Purchaser accepts an obligation to process all claims against the Products warranty following CCTV Direct’s warranty procedures. 8.4 The Purchaser shall be responsible for all carriage, telephone, postal and other incidental charges incurred during the Products Warranty period. 8.5 CCTV Direct shall have no liability for any claim based upon: (i) the combination, operation or use of the Products with equipment, devices or software not supplied or specified by CCTV Direct; (ii) the alteration or modification of the Products not made by CCTV Direct. 8.6 CCTV DIRECT’S LIABILITY ARISING OUT OF THE SALE OF THE PRODUCTS SHALL BE LIMITED TO THE AMOUNT PAID BY THE PURCHASER FOR THE PRODUCTS. IN NO EVENT SHALL IT BE LIABLE TO PURCHASER OR ANY OTHER ENTITY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT CCTV DIRECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
9. Limited Product Warranty
9.1 CCTV Direct warrants that the Hardware will be free from Material Defects for a period of twelve (12) months from the date of delivery to Purchaser. CCTV Direct will perform warranty service at CCTV Direct’s Designated Facility, provided Purchaser returns the Products in accordance with CCTV Direct’s shipping instructions. CCTV Direct’s sole responsibility under this warranty shall be, at CCTV Direct’s option, to either repair or replace the Products. All defective Products, or defective components thereof, returned under this warranty shall become CCTV Direct’s property. If CCTV Direct determines that the original Products did not contain a Material Defect, Purchaser shall pay CCTV Direct all costs of handling, transportation, and repairs at CCTV Direct’s prevailing rates. 9.2 CCTV Direct warrants that any magnetic or compact diskettes on which Software is recorded will be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date the program is delivered to Purchaser. If a defect in any such diskette should occur during this period, the diskette may be returned to CCTV Direct and CCTV Direct will replace the diskette without charge. CCTV Direct shall have no responsibility to replace diskettes if the failure of the diskettes results from accident, abuse or misapplication of the diskettes. 9.3 EXCEPT FOR THE EXPRESS WARRANTIES STATED HEREIN, CCTV DIRECT DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES ON PRODUCTS FURNISHED HEREUNDER, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9.4 The Products are not represented or warranted by CCTV Direct to be fault tolerant and are not designed, manufactured or intended for use or resale in any High Risk Application including but not limited to: on-line control equipment in hazardous environments requiring fail safe performance; the operation of nuclear facilities; aircraft navigation or communication systems; air traffic control; direct life support systems or similar. CCTV Direct specifically disclaims any express or implied warranty of fitness for use in High Risk Applications.
10. Laws
10.1 The rights and obligations of the Purchaser shall be subject to such United Kingdom laws and regulations as shall from time to time govern the license and delivery of technology abroad by persons subject to the jurisdiction of the United Kingdom. Purchaser shall certify that it shall not, directly or indirectly, export, re-export or transship the Products or any parts or copies thereof in such manner as to violate such laws and regulations in effect from time to time. Purchaser shall indemnify and hold harmless CCTV Direct from and against any and all losses, claims and expenses incurred by CCTV Direct as a result of the breach of the Purchasers obligations under this section. 10.2 These terms and conditions shall be governed by and construed under UK Law. 10.3 If any part of these terms and conditions shall be found to be unlawful it shall not affect the validity or enforceability of the remainder of the conditions.
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