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Conditions for the
Sale of Hardware
28 Definitions
28.1 "Force Majeure" means any cause
affecting the performance by PlusNet 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.
28.2 "Working days" means Monday to Friday,
excluding Bank or other Public holidays.
29 Orders
29.1 All Contracts of sale made by us shall be deemed to incorporate these Terms and Conditions, which shall prevail over any other Terms from the party ("the Customer") with whom we are dealing. Cancellation of orders by business-to-business customers is not accepted as many orders are dispatched on the same day the order is placed. Cancellation of orders by consumers can only be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000.
29.2 All orders are subject to acceptance and to availability of the goods ordered. We are entitled to refuse any order placed by you.
29.3 You undertake that:
(a) all details you provide to us for the purpose of purchasing goods or Services offered on our website are correct, and
(b) the Credit or Debit Card you use to make a purchase from us is your own Card or your company’s card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services
you order from us. We reserve the right to obtain validation of your Credit or Debit Card details and process your payment before providing you with any goods or services.
30 Prices
30.1 We will invoice Goods and Services, together
with VAT, at the price prevailing at time of order.
30.2 We reserve the right to modify the prices
from time to time.
31 Delivery, Title and Risk
31.1 Any time or date stated for delivery is an estimate only. We will make every effort to dispatch goods on time, but we will not accept liability for failure to deliver within the stated time.
31.2 If we are unable to deliver the goods within 30 days of the date of the order, you, as its sole remedy, are entitled to cancel the order and require any monies paid to us in respect of that order to be refunded. In order to cancel, you must send your notice of cancellation to us using the Help Assistant tool after the above date but before delivery of the goods or notification from us that the goods are ready for delivery.
31.3 We do not accept liability for shortages or damage to deliveries unless you notify us of the shortage or damage in writing through the Help Assistant tool within7 days of receipt of the delivery.
31.4 You have to accept the goods when they are
ready for delivery.
31.5 Delivery is deemed to take place when the
goods are delivered to your nominated address, whereupon the risks
of loss, breakage and all damage and all other risks shall pass
to you.
31.6 Title in the goods does not pass to you until
payment is received in full by us, or the service is activated where
applicable.
31.7 If you cannot accept delivery, we may, at
our option:
(a) store and insure the goods at your 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 you any excess over the sale price or charge
you for any shortfall or;
(c) re-arrange delivery provided that we may charge
you for the additional delivery costs incurred.
31.8 You may request a Proof of Delivery, provided
that this request is made in writing through the Help Assistant tool within
3 months of the date of delivery and we shall use reasonable endeavours
to provide such proof. Thereafter, delivery shall be deemed to have
been successfully completed.
31.9 You are responsible for any due wear and tear
to hardware. You will be subject to the Terms and Conditions and
warranty specified by the hardware manufacturer for hardware use.
We will have no responsibility or liability for malfunctioning or
defective hardware.
31.10 Where hardware is ordered as part of a service,
is shipped prior to the activation of said service and the activation
of the service fails, the following applies:
(a) You may choose to retain the hardware, in which
case you are liable for the full price of the hardware as specified
on our website at the time the order was placed.
(b) You may chose to return the hardware, and as
such you would be responsible for shipping and associated costs
incurred. The hardware must be returned unopened and in perfect
re-saleable condition. Any defacement of the manufacturer’s
packaging or damage caused by inadequate packaging may result in
the rejection of the return or an additional restocking fee, at
our sole discretion.
(c) Any refunds for activation, hardware and initial
subscription may be adjusted to reflect any outstanding charges
or damage to any returned hardware.
(d) We reserve the right to levy further charges
if the any hardware is not returned or full payment received within
14 days of us notify you of the failed activation.
32 Product specification
32.1 We will make every effort to supply the goods as advertised but we reserve the right to supply the goods subject to minor variations in actual dimensions, specifications and, in the case of bulk items, quantities, without prior notice.
32.2 If we cannot supply the goods ordered by you, we reserve the right to offer goods of equal or superior quality at no extra cost. In such a case, if you do not wish to accept the alternative goods offered, you may cancel the order and require the refund of any money paid to us in respect of that order. This shall be your sole remedy in these circumstances.
33 Trade names and trademarks
33.1 Trade names and trademarks are not always indications
of the actual manufacturer of a particular product and may rather
be indicative of general use systems and machines associated with
such products.
33.2 In the case of component purchases, where
you require a particular brand of product you should check with
us before placing an order to determine the manufacturer of component
you are proposing to purchase.
34 Installation Requirements, Access and Site Regulations
34.1 To enable the installation of the Equipment
you will, at your own expense:
(a) provide a suitable environment, use accommodation
and foundations, including all necessary trunking, conduits and
cable trays, in accordance with the relevant installation, standards
and manufacturers instructions;
(b) take up or remove, any fitted or fixed floor
coverings, ceiling tiles, suspended ceiling and partition covers,
that we or a nominated third party BT advise are necessary, and
carry out afterwards any making good or decorator’s work required.
34.2 All preliminaries must be completed in advance
of any installation work.
34.3 You must:
(a) obtain all necessary consents, including consents
for any necessary alterations to buildings;
(b) provide any electricity and connection points
required by us or a nominated third party.
34.4 You will provide our or a nominated third
party’s employees, who produce a valid identity card, with
access to any site at all reasonable times where reasonably required
for provision of service. We will normally only require access during
its usual working hours but may require you, on reasonable notice,
to provide access at other times. We may agree to work outside our
usual working hours, but you must pay any additional charges for
doing so.
34.5 Our employees will observe your reasonable
site regulations, as previously advised in writing through Contact
Us tool to us. In the event of any conflict between the site regulations
and these Terms and Conditions, these Terms and Conditions will
prevail.
34.6 You will provide a suitable and safe working
environment for our employees and employees of our nominated third
parties.
35 Software and documentation
35.1 Where software is supplied to enable you to
operate the Equipment, we grant you a non-exclusive, non-transferable
licence to use the software for that purpose.
35.2 You will keep the software and any operating
manuals and other documentation supplied under the Contract confidential,
and will not disclose them other than to your employees, agents
or contractors who need to use them to operate the Equipment. You
will ensure that such employees, agents and contractors abide by
the provisions of this paragraph 35.2.
35.3 You will not, without our prior written consent,
copy, or (except as permitted by law) de-compile or modify the software
in any way, nor copy the operating manuals or documentation.
35.4 You will sign any agreement reasonably required
by the owner of the copyright in the software to protect the owner's
interest in that software.
36 Warranties and returns
36.1 We are committed to providing you with the highest quality products and Services. However, on rare occasions, products may be found to be faulty or defective. In such cases, we offer the returns facilities described below.
36.2 All goods supplied by us 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, for a period of 12 months from the date of invoice
If you purchase goods in the course of your business, all other express or implied terms or warranties relating to the goods are excluded to the fullest extent permitted by law.
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.
We shall use our skill and expertise to carry out any contracted works (the "Service(s)") to a standard equivalent to that of a competent computer professional, and shall warrant our work as free from defects, for a period of 30 days after completion. In particular, we cannot be held responsible for any fault or damage not caused by our or our third
party’s engineers or its contracted agents.
In the event of a claim arising relating to the level of skill and judgement applied in the course of providing Services, we reserve, at our sole discretion, the right to appoint an independent expert in the field to appraise the work carried out in the execution of the Service(s). Additionally, we cannot be held responsible for Equipment installed or configured when the Equipment has subsequently been altered or configured by persons other than our employees or nominated third parties.
If you purchase Services in the course of your business, all other
express or implied terms or warranties relating to the Services
are excluded to the fullest extent permitted by law.
36.3 Subject to the right of consumers to return
goods for refund under The Consumer Protection (Distance Selling)
Regulations 2000, we do not sell products on a trial basis. You
are strongly advised to check suitability and specifications of
products before ordering.
36.4 In the event that we, at our discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply), agree to accept the return for credit of unwanted products, the goods must be returned with our prior written agreement through the Help Assistant tool 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 our sale price for the goods, or £20, whichever is the greater.
36.5 Subject to testing to verify any alleged fault,
we will accept the return of defective Equipment for full refund
or replacement at our option, if, but only if, the goods are returned
within 14 days of delivery.
36.6 Our Technical Support staff or Customer Support staff, as appropriate, 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, or request that you return the product directly to us. If the goods are found on inspection to be
defective, the cost of returning the item will be refunded to you. Authorised product returns must be sent to the address we notify you of when you request the return.
36.7 All returned goods must be accompanied by our Returns Merchant Authorisation number ('RMA Number') which can be obtained by contacting Customer Support. Returned goods will not be accepted without an RMA Number. You must not write directly on the manufacturer's packaging. You must write the RMA number on the address label provided with the Returns Merchant Authorisation and attach it to the returned package. Any defacement of the manufacturer's packaging or damage caused by inadequate packaging may result in the rejection of the return or an additional restocking fee, at our sole discretion.
36.8 We cannot accept liability for packages damaged
during transit. It is your responsibility to wrap the product adequately
to prevent damage.
(a) 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 insure the goods for
their full value.
(b) On receipt of the returned product, we will
test it to identify the fault you have notified to us.
(c) 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. Please note that if you have, in the meantime,
required us to provide you with a replacement product before completion
of the testing process, you will have to pay for this product also.
(d) This warranty shall not apply if the goods
have been worked upon, altered or damaged in any way by you or your
employees or agents, or to goods not used in accordance with the
manufacturer's instructions.
(e) Unless otherwise stated in the manufacturer's documentation, all goods delivered to a UK mainland address carry a 12-month manufacturer's warranty. If you wish to make a warranty claim, you must comply with the manufacturer's instructions and warranty procedure. In order to resolve your problem as quickly as possible, 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. If you are a consumer, this does not affect your statutory rights.
(f) No software on which seals have been broken can be returned for credit. If any software discs are faulty, the manufacturer will replace them. If you are a consumer this does not affect your statutory rights. Please note Software Licences are non returnable unless the software is materially non-compliant with its specification or the physical media on which it is supplied is defective.
37 Our liability
37.1 We shall, under no circumstances, be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. ("Financial loss" in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). Our liability in respect of all other losses shall be limited to the invoiced amount of the relevant order, provided it has been paid.
37.2 Nothing in this Contract shall limit our liability
for death or personal injury caused by our negligence.
38 Health and Safety
38.1 In accordance with the Health and Safety at Work Act,
1974 and the Consumer Protection Act 1987, we confirm that the goods
we supply as a distributor do not present a hazard to health and
safety:
(a) when properly used for the purpose for which they are
designed; and
(b) if you take reasonable and normal precautions
in their use.
39 Force Majeure
39.1 Where, in spite of its reasonable efforts, we are
unable to perform an obligation due to force majeure, we shall not
be deemed to be in breach of our Contract with you.
40 The Consumer Protection (Distance Selling) Regulations 2000
40.1 Contracts for the purchase of goods by you not acting in the course of a business and made over the telephone or through our website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 (‘the Regulations’).
40.2 If the Regulations apply, you may cancel goods purchased from us by sending a written notice of cancellation by post or hand delivery addressed to Customer Services at the address available in the Help & support section or by utilising the Help Assistant tool.
40.3 The notice of cancellation must be delivered within 7 working days of the date of delivery of the goods. You will be responsible for the cost of returning the goods if you exercise this right of cancellation under the Regulations. If you do not actually return the goods to us, you are under a duty to make the goods available for collection at your expense from the address to which they were delivered.
40.4 You under a duty to retain possession of the goods whilst awaiting return to us and to take reasonable care of them during this period. You will be liable for any loss of or damage to the goods if you fail to comply with this obligation.
41 Errors and Omissions
41.1 We will make every effort to ensure that all prices and descriptions quoted on our website or in our catalogue 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, we will be entitled to rescind the Contract, notwithstanding that we has already accepted your order and/or received payment from you. Our liability in that event will be limited to the return of any money you have paid in respect of the order. In the case of a manifest error in relation to price, you will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by us through the Help Assistant tool after the manifest error has been discovered.
41.2 A 'manifest error', as the term is used in paragraph 43.1 above, means, in relation to an incorrect price, a price quoted in error by us which is more than 10% less than the price that would have been quoted had the mistake not been made.
42 General
42.1 Nothing in these Terms and Conditions affects you
statutory rights as a consumer.
42.2 If any provision in this Contract is held to be invalid
or unenforceable, it shall be deemed severed from the Contract and
this shall not affect the validity or enforceability of the remaining
provisions.
42.3 Any wavier of a breach of this Contract must be in
writing through the Help Assistant tool on our website.
42.4 Any variation of this Contract must be in writing
through the Help Assistant tool on our website and must be signed by
a duly authorised PlusNet official.
42.5 The headings in this Contract are for convenience
only and shall not affect the interpretation of this Contract.
42.6 Any notices given under this Contract shall be made
as explained in paragraph 22.
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