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| In this document the following words shall have the following meanings: |
| 1.1 |
"Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
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| 1.2 |
"Customer" means any person who purchases Goods and Services from the Supplier.
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| 1.3 |
"Goods" means the articles specified in the Proposal.
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| 1.4 |
"Proposal" means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier. |
| 1.5 |
"Services" means the services specified in the Proposal. |
| 1.6 |
"Supplier" means I-Tech Securirty Limited. |
| 1.7 |
"Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier. |
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| 2.1 |
These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer. |
| 2.2 |
Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier. |
| 2.3 |
Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation. |
| 2.4 |
Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer. |
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| 3.1 |
The Proposal attached to these Terms and Conditions shall remain valid for a period of 28 days. |
| 3.2 |
The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier ("the Order") within the period specified in Clause 3.1. |
| 3.3 |
All Orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions. |
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| 4.1 |
The price for the Goods and Services is as specified in the Proposal and is inclusive of VAT and any applicable charges outlined in the Proposal. |
| 4.2 |
Payment of the price shall be in the manner specified in the Proposal. |
| 4.3 |
If the Customer fails to make the payment in full on the day of delivery of the product, the Supplier shall be entitled to charge interest at the prevailing statutory rate on a daily basis on the outstanding amounts. |
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| 5.1 |
The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods. |
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- All risk in the Goods shall pass to the Customer upon delivery.
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| 5.3 |
The Company will deliver the product described on the Invoice to the Customers address and whilst at the address, at that time will install it to the Customers vehicle in accordance with the installation guidelines and specifications. Customer will be contacted within 2 working days to arrange a suitable day for installation for both the customer and engineer . |
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Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods. |
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To enable the Supplier to perform its obligations the Customer shall: |
| 7.1 |
warrant being the owner or duly authorised agent of the vehicle and as such is entitled to enter into this agreement. |
| 7.2 |
provide the Supplier with any information reasonably required by the Supplier; |
| 7.3 |
agree to allow the Companies employees or representatives free access to the vehicle at all reasonable times for the purpose of repairing any defects in workmanship. |
| 7.4 |
comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties. |
| 7.5 |
agree to minor modifications to the vehicle such as brackets, drilled holes, additional wiring etc and the Companies representative will in all cases carry out the work to strict guidelines. |
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| 8.1 |
The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier. |
| 8.2 |
The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice. |
| 8.3 |
The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects. |
| 8.4 |
In addition to the Customer's statutory rights, the Supplier guarantees all Goods against faulty workmanship and materials for a period of 12 months from the date of delivery. |
| 8.5 |
The Company will deliver the product described on the Invoice to the Customers address and whilst at the address, at that time will install it to the Customers vehicle in accordance with the installation guidelines and specifications. |
| 8.6 |
Installations requiring payment will be charged at the rates shown on the Invoice. |
| 8.7 |
The product remains the property of the Company until the invoice has been paid in full. |
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| 9.1 |
Where the Goods are faulty or do not comply with any of the contract, the Customer must notify the Supplier within 7 days of delivery and the Customer shall be entitled to replacement Goods. |
| 9.2 |
The contract may be cancelled by the Customer with a 25% charge of the total order being made to cover costs providing this is no later than 24 hours prior to the agreed time of delivery and free fitting |
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- If the Customer fails to cancel the order under 24 hours then a 50% charge will apply.
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- If upon arrival the vehicle is unsuitable to be worked on, i.e. does not start or is deemed un-roadworthy, the free installation will be forfeited and a second appointment will be required and the Client charged.
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- If the Customer cannot provide a credit/debit card statement as proof of identification upon arrival, again the free installation will be forfeited and a second appointment will be required and the Client charged.
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| 10.1 |
Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services. |
| 10.2 |
The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise. |
| 10.3 |
For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date. |
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Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations. |
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If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated. |
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These Terms and Conditions shall be governed by and construed in accordance with the law of the United Kingdom and the parties hereby submit to the exclusive jurisdiction of the UK courts. |