INTREPID SECURITY SOLUTIONS LIMITED
TERMS AND CONDITIONS OF SALE
1. DEFINITIONS
1.1 In these conditions “the Company” means Intrepid Security Solutions Limited, whose registered office is Palladium House, 1-4 Argyll Street, London, W1V 2LD and “the Customer” means the person, firm or company to whom this acknowledgement of order is addressed.
1.2 In these conditions “the Operating Manual” means the Operating Training Manual in respect of the equipment, delivered to the Customer at the time when the equipment is delivered.
1.3 Subject to clause 1.4 below, “the equipment” means the equipment the subject of this order.
1.4 Where the contract is for the provision of services, the words “the equipment” shall be read, where the context permits, as meaning the services, which the Company has contracted to provide.
2. FORMATION OF THE CONTRACT
2.1 These conditions shall form the basis of the contract between the Company and the Customer. Notwithstanding anything to the contrary in the Customer’s standard conditions of purchase, these conditions shall apply except so far as expressly agreed in writing by a person authorised to sign on behalf of the Company.
2.2 No servant or agent of the Company has power to vary these conditions orally, or to make representations or promises about the condition of the equipment, its fitness for any purpose or any other matter whatsoever.
2.3 Unless otherwise expressly stated in writing, all quotations and estimates by the Company are invitations to treat. The Customer’s order is an offer, which will be accepted by the Company posting its acknowledgement of the order.
2.4 The construction, validity and performance of these conditions and this order shall be governed by English Law.
2.5 These general conditions shall be subject to such further special conditions as may be prescribed in writing by the Company or as may appear overleaf.
2.6 In the event of any conflict, or apparent conflict, between the special conditions and these general conditions, the special conditions shall prevail.
2.7 These conditions supersede all previous terms and conditions of sale issued by the Company.
2.8 All notices to be served hereunder shall be served by first class pre-paid post or facsimile message at the registered office or principal trading address of the intended recipient. Notices shall be deemed served when they would ordinarily have been received in normal business hours according to the means of transmission of such notices.
3. CANCELLATION
3.1 No cancellation or variation of the whole or any part of the order by the Customer is permitted except where expressly agreed in writing by a person authorised to sign on behalf of the Company.
3.2 The consent of the Company to cancellation or variation of the order shall not in any way prejudice the Company’s right to recover from the Customer full compensation for any loss or expense arising from such cancellation or variation on an indemnify basis.
3.3 Where the equipment is returned by the Customer without the Company’s consent, it will not be accepted for credit.
4. PRICE
4.1 Quoted prices are based on costs prevailing at the time when they are given or agreed and are exclusive of VAT
4.2 VAT will be added to all invoices at the rate applying at the appropriate tax point.
5. PAYMENT
5.1 All orders must be paid in full by credit or debt card before the goods are despatched.
5.2 The Company reserves the right to charge interest at 3% per annum above the base rate from time to time in force of National Westminster Bank Plc on all overdue accounts.
5.3 The Customer shall not be entitled to withhold payment of any amount payable under this order by reason of any dispute or claim by the Customer.
5,4 The Customer shall not be entitled to set off against any amount payable under this order any amount due by the Company to the Customer under any other agreement.
6. DELIVERY
6.1 Delivery will be deemed to have been effected when the equipment has been received at the Customer’s premises.
6.2 Delivery dates are given in good faith but are not guaranteed and no liability will be accepted for any loss whatsoever suffered or caused through the late delivery or non-delivery and time of delivery shall not be of the essence.
6.3 Unless otherwise expressly agreed in writing, the order price includes the cost of delivery a of the equipment by the Company to the Customer’s premises as specified overleaf between the hours of 9.00am and 5.00pm Mondays to Fridays other than on statutory and/or Bank Holidays. Any deliveries carried out at the Customer’s request other than during those hours will be subject to additional charges.
6.4.I The Customer shall procure the signature of the Company’s delivery note as acknowledgement of delivery.
7. TITLES AND RISK
7.1 Risk in the equipment shall pass to the Customer when the equipment is delivered to the Customer.
7.2 The ownership of the equipment shall remain with the Company until the Customer has paid all liquidated sums owed by the Customer to the Company whether in respect of this order or otherwise.
7.3 The Customer shall not interfere with any identification marks or serial numbers on the equipment.
7.4 The Company may at any time recover and re-sell equipment in which title shall not have passed to the Customer. The Company by its servants and agents shall be entitled to access to the Customer’s premises or those to which the Customer has a right of access where the equipment is located for the purposes of re-possession of the equipment at any time.
7.5 Risk in the equipment shall revert to the Company following re-possession, but not otherwise.
7.6 The Customer shall indemnify the Company against any costs, expenses or losses incurred or sustained by the Company in exercise of the Company’s rights under this order.
7.7 If the Customer shall become bankrupt or insolvent, or have a receiving order or administration order made against him or compound with his creditors, or, being a corporation, commence to be would up, not being a members voluntary winding up of the purpose of reconstruction or amalgamation, or carry on its business under a receiver for the benefit of its creditors or any of them, or the Company has bona fide doubts as to the solvency of the Customer, all sums payable to the Company by the Customer in respect of the equipment or otherwise shall become due and payable forthwith without requirement for any notice to be given.
8. SPECIFICATIONS
8.1 The equipment is supplied on the basis that it complies with technical specifications contained in printed documentation concerning the equipment prepared by the Company and that it conforms to the written description contained overleaf.
9. DEFECTS IN THE EQUIPMENT
9.1 In the event that a defect in the equipment is discovered by the Customer and reported to the Company in writing during the period of 12 months from the date of delivery of the equipment, which defect was caused by faulty design or manufacture, the Company will, at its option, either repair the equipment at its own expense or replace the equipment, subject in all cases to the return of the equipment to the Company by the Customer.
9.2 Save as set out in the foregoing sub-clause, all warranties or other terms implied by statute or otherwise shall not apply to this order, including but not limited to those implied by the Sales of Goods Act 1979, the Supply of Goods and Services Act 1982 and the consumer Protection Act 1987.
9.3 The Customer shall at all times use and cause the equipment to be used in accordance with the Company’s instructions for use and in particular, the warranty set out in clause 9.1 above will not apply unless the equipment is powered by a 24 hours 220 volt dedicated power supply to a non-switched fused spur.
9.4 The Company shall not be liable for any consequential or indirect loss suffered by the Customer in relation to the equipment including but not limited to:-
9.4.1 EAS damage caused by attaching or removing security tags; and
9.4.2 EAS losses sustained in relation to stock-loss, whether due to the alarm not sounding or otherwise.
9.5 The foregoing sub-clauses of this clause 9 constitute the entire liability of the Company under this order, which, in any event, shall not exceed the contract price of the equipment save in respect of the Company’s liability for death or personal injury resulting from negligence.
10. DETACHER/DEACTIVATOR DEVICE
The Customer shall ensure that the Detacher Device is kept in a secure place at all times and shall adopt such procedures as may be appropriate to minimise the risk of theft of same.
