Terms And Conditions

1. PRELIMINARY

1.1 IN these conditions: “the Company” means ITSec Limited trading as Fonyo “the Contract” means each and every Contract between the Company and the Customer for the sale and supply of Equipment. “the Customer” means the person, firm or company with whom the contract is made by the Company.

“the Equipment” means any equipment, machinery, parts, spares, software and any other goods sold or supplied by the Company.
“the Warranty Period” means: - a) Whatever warranty is offered by the manufacturer of the sold goods. b) D.O.A: Goods that arrive that are dead on arrival can be returned to the company under the company’s returns procedure for credit or replacement only in line with the manufacturer’s warranty.
1.2 THESE Conditions apply to all Contracts entered into by the Company to sell or supply equipment and shall prevail over any terms put forward by the Customer unless the Company expressly agrees to them in writing. No conduct by the Company shall be deemed to constitute acceptance of any terms put forward by the Customer and no concession made or latitude allowed by the Company to the Customer shall affect the strict rights of the Company under Contract.

1.3 THESE Conditions may only be varied with the express written agreement of the Company.

2. PRICES
2.1 UNLESS otherwise specified prices payable for the Equipment are exclusive of carriage and accordingly the Company reserves the right to require payment of delivery charges, VAT and other taxes, insurance costs, customs duties, special handling charges and/or packaging charges as appropriate.
2.2 THE Company shall have the right at any time to revise prices to take into account increases in costs including (without limitation) costs of agreed changes in taxes, duties, levies or exchange rates or costs arising as a result of site conditions, delays, interruptions, lack of information and any other factor beyond the Company’s control.

3. ORDERS AND DELIVERY
3.1 NO order shall be accepted by the Company unless first confirmed by the Customer either by email, fax, post or by telephone. All orders must carry a customer purchase order number.
3.2 THE Customer shall, on placing an order, state if he requires the Company to arrange carriage and if so the delivery address. The Company shall be entitled to make any contract of carriage and/or insurance on behalf of the Customer as the Company considers necessary and will be under no obligation to notify the Customer thereof. The Customer will be responsible for complying with all conditions and requirements of the carriers. Unless otherwise agreed by the Company delivery of the Equipment will be ex-works.
3.3 ALL times or dates given for delivery of the Equipment are given in good faith and shall not be of the essence of any Contract.
3.4 THE Company shall give the Customer notice when the Equipment is ready for delivery. If the Customer refuses or fails to arrange collection or take delivery (as the case may be) of Equipment ordered within seven days of service of that notice then
(a) the Customer will bear the risk of any loss or damage to the Equipment after expiry of that time
(b) the Company shall be entitled to immediate payment in full for the Equipment which is the subject of the Order and
(c) the Customer shall in addition to the invoice price pay all costs of storage and any additional costs incurred as a result of such refusal or failure. The Company shall not be liable to the Customer for any loss or damage to the Equipment caused by their storage.
3.5 THE Company may make and the Customer shall accept part deliveries of Equipment order. Each delivery shall be considered to be the subject of a separate Contract and failure by the Company to make any one or more deliveries in accordance with the Contract or any claim by the Customer in respect of any one or more deliveries shall not entitle the Customer to treat the Contract as a whole repudiated.

4 ACCEPTANCE
4.1 THE Customer will accept the Equipment even if it is delivered late and late delivery will not entitle the Customer to terminate the Contract.
4.2 THE Customer shall inspect the Equipment as soon after delivery as is reasonably practicable and will notify the Company in writing of any shortage of supply deficiency or damage to the Equipment within five days of delivery. If the Customer fails to comply with this clause the Company shall be under no legal obligation in respect of any alleged shortage discrepancy or damage.

5 RISK
FROM the time the Equipment leaves the Company’s premises, whether this be by way of collection by the Customer or receipt by carriers (as the case may be), the risk in the Equipment shall pass to the Customer.
6 PAYMENT 6.1 IF Credit terms have been agreed in writing by the Company, payment shall be made in full without any deduction or set-off within 7 days of the invoice unless otherwise agreed in writing by the Company.
6.2 IF credit terms have not been agreed by the Company then payment shall be made in full without any deduction or set-off at the time of placing the order for the Equipment.
6.3 IF the Customer shall make or offer to make any arrangement or composition with his creditors, or commit any act of bankruptcy, or if any bankruptcy petition be presented against him, or (if the Customer is a Limited Company) if any resolution or petition to wind up such company shall be passed or presented, or if a receiver or administrator of the whole or any part of such company’s undertaking property or assets shall be appointed then if delivery of the Equipment has been effected, the invoice shall immediately become due and payable by the Customer; if delivery has not been so effected then the Company may, at its option, cancel the Contract or cancel or suspend delivery.
6.4 NOTWITHSTANDING any of the terms and conditions hereof, the time of payment shall be of the essence of the Contract.

6.5 INTEREST shall be payable on overdue accounts at the rate of two percent per month or part thereof on the amount for the time being outstanding from the due date of payment thereof until receipt by the Company whether before or after judgement.
6.6 IF any cheque presented in payment of an invoice by the Cu

8 SPECIFICATION AND PERFORMANCE

8.1 All drawings specification and technical documents issued by the Company at any time in relation to the Contract are issued solely for the Customers use in connection with the Equipment and shall not be copied, reproduced or communicated to any third party without the Company’s express written agreement.

8.2 Equipment must be operated in line with the manufacturers stated environmental parameters as to temperature, humidity and other conditions.


9 WARRANTY

9.1 The Company will make good by repair or exchange (at its option) such of the Equipment or part thereof which is shown to its reasonable satisfaction to have proved defective in materials or workmanship during the warranty period on the following terms:

(A) Any damage, defect in or failure of the Equipment must be notified to the Company in writing as soon as practicable and in any event no later than five days after delivery.

(B) The Equipment must be unmodified, have been properly used under normal working conditions and have been properly installed and maintained.

(C) Before returning the Equipment or any part thereof the Customer must obtain a return authorisation number from the Company and details of the Company’s returns procedure, which must be fully complied with.

(D) The Equipment or part to be returned must be delivered to the Company’s premises in its original packaging, together with supporting documentation showing full description of the alleged fault and quoting the relevant returns umber. In the event that the customer fails to comply with this requirement then the Company will be entitled to a charge of 15% handling fee upon authorised return of the Equipment.

(E) All delivery charges for carriage to and from the Company’s premises must be paid for by the Customer, unless greed otherwise.

(F) Where parts only are returned, the Company shall not be responsible for installing any such art after repair or exchange.

(G) If it so elects, the Company may require the Customer to return the Equipment or part, direct to the manufacturer for repair or exchange, in which case such repair or exchange on the part of the manufacturer shall satisfy the company’s obligations under this clause 9.

(H) The foregoing warranty shall only apply to any replacement Equipment or parts thereof supplied by the Company under this warranty for the balance of the warranty period applicable to the Equipment sold.

9.2 The Company gives no undertaking or warranty that the Equipment is fit for any particular purpose and the customer must rely entirely on his own skill and judgement in evaluating the suitability of the Equipment for his purpose.

9.3 Subject to the foregoing all conditions, terms and representations, express or implied by statute, common law, custom or usage in relation to the equipment are hereby excluded and the Company shall be under no ability to the Customer for any indirect, special or consequential loss, damage or injury resulting from defective atrial faulty workmanship or otherwise howsoever arising and whether or not caused by the negligence of the Company, its employees or agents.

9.4 In no event shall the Company be under liability whatsoever and howsoever arising for any loss or use or loss of profits, interruption of business or any other indirect special or consequential loss of any type arising or alleged to have risen out of any negligent act or default of the Company in respect of the Company’s obligations under such Contract.

9.5 If the Customer deals as a consumer as defined in S.12 of the Unfair Contract Terms Act 1977 the above visions shall not apply and the Customers statutory rights under the Sale of Goods Act will be affected.

9.6 The Company does not exclude liability for death or personal injury to the extent that it is caused by the negligence of the Company, its employees, or agents nor for breach of any of the undertakings as to the title implied not the Contract by S.12 of the Sales of Goods Act 1979.


10 REPRESENTATIONS

The Company shall incur no liability to the Customer for misrepresentations by virtue of any statement made by or on behalf of the Company prior to the Contract whether orally or in any letter document or sales literature and the Customer shall not be entitled to rescind the Contract on the grounds of any such misrepresentation.


11 RETURNS

The Company shall be under no obligation to accept return of any Equipment other than as provided in Clause 9. If to withstanding, the Company shall in any particular case agree to accept return of ITSec Limited 89A London Road Leicester LE2 0PF, Equipment which is not defective then it shall only do so on terms that:

(a) The Customer shall pay a sum in respect of the costs so incurred by the Company equal to twenty-five percent of the full invoice price subject to a minimum hare of £30

(b) the Customer shall obtain a returns authorisation number from the Company and comply with the company’s returns procedure and

(c) The Equipment must be delivered to the Company’s premises in its original packaging.

12 TELECOMMUNICATIONS EQUIPMENT

12.1 WHEN the Equipment supplied by the Company is to be used in conjunction with British Telecom, or other Network providers lines or apparatus, then the following additional conditions shall apply: (A) BRITISH Telecom or there Network Providers shall have the right to require modifications to be carried out to Equipment, which is already installed, and in use. Any modifications required will be carried out at e Customer’s expense. (B) IN no event shall the Company be liable for damage, loss or injury to British Telecom or other Network Providers equipment or their sonnet in connection with, or arising from the Customer’s act of neglect.

13 FORCE MAJEURE

1 THE Company shall not be liable for any delay