Product specifications

Talk to us today about Leasing your IT - 0% Finance options available
110
| T&Cs
Equanet Conditions of Sale
General
01. Equanet is a business to business reseller. In buying
from Equanet you acknowledge and agree that you
are buying goods or services for business purposes.
The liability provisions in conditions 27-32 below set
out our responsibilities to you in more detail, but as a
business customer, purchases you make from us will
not benefit from the same statutory protection available
to consumers under the Sale of Goods Act 1979 (as
amended) and related legislation.
02. We do business only under these Conditions of
Sale, except for Government Buying Solutions sales
where separate Conditions apply. These Conditions can
be found on the Government Buying Solutions website:
www.ogcbuyingsolutions.gov.uk
03. Goods are subject to availability and may vary
from those advertised.
04. You must decide before ordering if the goods
are suitable for your needs; we don’t accept any
responsibility for assisting you with that decision.
05. Although we make all reasonable checks to avoid
errors occurring, please note that we reserve the right to
cancel or refuse orders for items shown on our website
with an incorrect price or with any other incorrect
information. No contract is made with you until we have
dispatched your order. Where we make a mistake we
will give you the option to either: (i) cancel your order
and obtain a refund of any sums paid in advance; and/
or (ii) place the order again at the correct price/on the
correct terms.
Prices and Payment
06. Our advertised prices do not include VAT and
delivery. The price of the goods may be changed from
the one advertised. Please confirm the price before
you order.
07. We accept payment by bank transfer, cheque, and
most types of credit or debit card. Credit card and debit
card payments are taken at the point of customer order,
not on dispatch of goods.
08. Goods bought on credit must be paid for by
30 days from our invoice date. If you fail to pay an
invoice when due then in addition to any other right or
remedy which may be available to us, all invoices will
become due and payable, (whether outstanding or
not) and we reserve the right to suspend or cancel your
credit account. We may share customer credit history
information with relevant credit agencies. We also
reserve the right to run a credit check with a relevant
credit agency if we give you credit, and to validate any
credit card account holder or delivery address details.
09. We remain owners of the goods you purchase
until you have paid for all of them in full together with
all other monies due to us from you under any contract
or arrangement. You agree to give us the right to enter
your premises at any time where the goods are stored
so that we can retrieve and resell them if they are not
paid for. Until title passes to you under this condition you
must: (i) keep the goods stored separately and clearly
identifiable as belonging to us; (ii) not remove any
branding or identifying marks;(iii) keep them fully insured
for their full replacement value against any loss, damage
or destruction; (iv) not sell, transfer, charge, mortgage,
pledge or grant any lien over, the goods. This applies to
all goods we supply to you and to any money owing in
respect of any transaction with you.
10. Under the Late Payment of Commercial Debts
(interest) Act 1998 we can exercise our statutory right to
charge interest and a compensation fee on all invoices
overdue.
Delivery
11. We charge for all deliveries. Orders received by 4
pm on a working day are normally processed the same
day. Orders placed at weekends or Bank Holidays are
normally processed the next working day. Goods in
stock are normally delivered the next working day after
processing. Standard delivery is to suitable ground floor
reception or store areas. Please notify us in advance
if you have any special delivery requirements – there
will be an additional charge. We do our best to meet
delivery slots agreed with you, but we don’t accept any
liability to you for any delay. We will use reasonable
endeavours to notify you of any delivery delays and
reconfirm a new delivery time with you.
12. If the goods do not arrive or are incomplete, are the
wrong goods or are damaged when you open them,
you must tell our Customer Services Department within
14 days of receipt or expected delivery – telephone
0844 871 0303.
13. Risk passes to you on delivery. After delivery you
are responsible for protecting and insuring the goods
against loss, damage or destruction.
Cancellation
14. You cannot cancel a submitted order after the
goods have been dispatched, unless this is agreed in
writing by our authorised representative.
Returns & Errors
15. All our goods are sold to you with the benefit of the
manufacturer’s warranty. We will accept returns of faulty
goods notified to us within 14 days of delivery, subject
to the terms of the manufacturer’s warranty.
After 14 days you will need to deal with the
manufacturer directly – our Customer Services
department will advise you on this – telephone 0844
871 0303.
16. If faulty goods are to be returned to us you must
obtain an RMA (Returned Merchandise Authorisation)
from our Customer Services department – telephone
0844 871 0303. The RMA will be valid for 28 days.
We will arrange for collection of the goods, which must
be available for collection in their original packaging
together with all accessories and manuals. We cannot
accept unauthorised returns which do not have an RMA.
17. If you change your mind we may take goods back
at our sole discretion if they are unopened, unused and
in perfect condition within 14 days. We will charge a
reasonable fee - Please contact our Customer Services
department – telephone [phone].
18. If you return goods please ensure that you have
backed up and/or removed your data as appropriate.
We will not be responsible for any data that is lost or
left on equipment.
19. Please note we do not accept returns of special
purchase items, consumables, opened packaged
software (unless it is faulty) or pre-loaded/down-loaded
software licences (unless faulty).
20. If you are unhappy with any Services we have
provided you then you must promptly notify us in writing,
(and in any event, within 30 days of completion of the
Services) and our sole liability to you shall be to re-
perform any defective Services at no cost to you.
21. Without prejudice to condition 27 below, the
remedies in this Returns section represent your sole
and exclusive remedies in respect of any issues you
experience with the goods/services provided by us.
Guarantee
22. You will get the benefit of the manufacturer’s
warranty in respect of all the goods we sell. Please
note that we do not provide any warranties ourselves
in respect of the goods and all other warranties and
representations, whether express or implied, by statute,
common law or of any other kind are hereby excluded
to the maximum extent permitted by law. We may
be willing however to sell you an additional top-up
warranty to supplement the manufacturer’s warranty.
Clearance/2nd User Stock
23. A Clearance/2nd user product is deemed to be
a product which is offered by the Company on any
of its websites at a discounted price compared to its
original cost where such products have been previously
used or opened, have items missing or have damaged
packaging. In addition, some have been repaired.
Details of the status of such products are to be found
on the relevant website. The Company makes no
warranty in relation to the accuracy of the status of the
relevant Clearance/2nd user product as set out in the
description. Such products are sold on an ‘as is’ basis
with no warranty or guarantee given by the Company
other than the remaining manufacturer’s warranty (if
applicable),
Gifts
24. We sometimes offer promotional free gifts. Please
let us know if you do not want to receive them.
Telephone Calls
25. We sometimes monitor or record telephone calls for
training purposes.
Suspension and Termination
26. Equanet may cancel outstanding orders for
goods and/or suspend the provision of the services
or terminate them immediately (without liability to the
Customer) if any of the following events happen:
• the Customer fails to make any payment due to
Equanet by the time it is due;
• the Customer has given any false or misleading
information to Equanet;
• the Customer is insolvent;
• the Customer’s use of the goods/services is likely to
cause the whole or part of the goods/services to be
interrupted, damaged, rendered less efficient or in
any way impaired;
• the Customer is in material breach of this Agreement;
• if the primary cause of any problem which
substantially impairs or prevents Equanet from
performing the services is the failure or malfunction
of any equipment, facilities or devices not supplied
by Equanet;
• if the site, equipment or software is changed;
• if the cancellation provisions under any leasing
arrangement entered into by the Customer are
invoked by the relevant Leasing Company.
Limitation of Liability
27. Equanet’s liability to the Customer for death or
personal injury caused by its own negligence or that of
its employees, agents or sub-contractors is unlimited.
28. As resellers to business customers and as permitted
under the Unfair Contract Terms Act 1977 we exclude
liability for claims regarding the quality or fitness for
purpose of goods or otherwise which consumers can
make under the Sale of Goods Act 1979.
29. Without prejudice to condition 27 above, we do
not accept any liability (and hereby exclude all liability)
for special, indirect or consequential losses of any
kind or for any loss of profits, loss of revenue, loss of
anticipated savings, loss of or corruption to data, loss
or damage to goodwill, business or reputation (and in
each case whether classified as direct or indirect and
howsoever arising).
30. Without prejudice to condition 27 above, Equanet’s
liability to the Customer in respect of damage to
tangible property resulting directly from its negligence or
that of its employees, agents or sub-contractors is up to a
maximum of £1,000,000 in respect of any one event or
series of connected events.
31. Without prejudice to conditions 27 and 30 and
subject to condition 29, Equanet’s maximum aggregate
liability to the Customer under this Agreement shall be
limited to the value of the goods or services giving rise
to the claim.
Matters beyond Equanet’s Reasonable Control
32. Equanet will not be liable for any delay in
performing or failure to perform the services or
additional services if such delay or failure is caused by
circumstances beyond Equanet’s reasonable control.
Law
33. This Agreement and any contracts made under it
are subject to English law and the exclusive jurisdiction
of the English courts in relation to all matters (whether
based on contractual or non-contractual rights and
obligations).
Waiver
34. No forbearance, delay or indulgence by either
party in enforcing the provisions of this Agreement shall
prejudice or restrict the rights of that party, nor shall
any waiver of its rights in relation to a breach of this
Agreement operate as a waiver of any subsequent
breach and no right, power or remedy given to
or reserved to either party under this Agreement is
exclusive of any other right, power or remedy available
to that party and each such right, power or remedy shall
be cumulative.
Relationship
35. Nothing in this Agreement creates a joint venture,
relationship of partnership or agency between the
parties. Except as expressly authorised under this
Agreement neither party has authority to pledge
the credit of or make any representation or give any
authority to contract on behalf of another party. No
customer employees shall be construed as being an
employee of Equanet by virtue only of this Agreement
or the performance of Equanet’s obligations under this
Agreement.
Severability
36. Notwithstanding that the whole or any part of any
provision of this Agreement may prove to be illegal or
unenforceable the other provisions of this Agreement
and the remainder of the provision in question shall
remain in full force and effect.
Third Party Rights
37. This Agreement does not create or confer any rights
or benefits enforceable by any person not a party to
it (within the meaning of the UK Contracts (Rights of
Third Parties).
Assignment and sub-contracting
38. You may not assign your rights or obligations under
this Agreement without our prior written consent. We
may use subcontractors to perform all or some of our
obligations under the Agreement but where we do
so we will remain liable to you in accordance with
this Agreement for their acts and omissions. We may
on prior written notice to you assign our rights and
obligations to a third party.
Entire Agreement
39. This Agreement together with any contract
documents we provide you constitute the entire
agreement and understanding between the parties
relating to the subject matter. Except as may be
expressly stated in this Agreement, it supersedes and
cancels all prior agreements, statements, representations,
understandings, negotiations and discussions, whether
oral or written, between the parties. Each of the
parties acknowledges and agrees that in entering
into this Agreement it does not rely on any statement,
representation, warranty or understanding made
prior to this Agreement save to the extent that such
statement, representation, warranty or understanding
is incorporated into this Agreement. Each of the
parties acknowledges and agrees that in entering
into this Agreement it has not relied on (or has been
induced to enter into this Agreement by) any statement,
representation, warranty or understanding made prior to
this Agreement. Nothing in this paragraph excludes any
liability for fraudulent misrepresentation.
Variations
40. Subject to condition 41 below, if either party
wishes to make any changes to this Agreement or the
underlying terms of the contract for goods or services,
they must be agreed in writing by an authorised
representative of each party.
41. We reserve the right to change our website terms
and conditions from time to time and each time you
place an order from our website you will be deemed to
have agreed to the latest version of our website terms
and conditions shown prior to placing your order.
Notices
42. Any notice required under this Agreement must be
given in writing and in the English language and sent
to the address of the party for which it is intended to
be given, or such other address as has been notified
to the other party in accordance with this condition 40
and be sent by hand, registered post or equivalent and
unless delivered by hand (where it shall be deemed
received on delivery) it shall be deemed to have been
received three working days after the date of posting.
For the purposes of this condition, “working days” means
Monday to Friday excluding public/bank holidays in
the United Kingdom. Any notices for Equanet must be
addressed to the Company Secretary.
Time for Performance
43. We will always do the best we can to ensure we
achieve any delivery dates agreed with you for the
provision of the goods or services. However we cannot
accept liability for delays and time shall not be of the
essence. We will use reasonable endeavours to notify
you if we believe that our performance is likely to be
delayed for any reason. We will not be liable to you
where our performance of the contract is delayed
because of your own acts and omissions or those of
your employees, agents or contractors.
Intellectual Property
44. We (and/or our licensors) shall retain all right,
title and interest in any intellectual property rights in
goods, software or services we supply to you under
this Agreement. Any intellectual property rights created
in the course of the services shall belong to Equanet
and/or its licensors. “Equanet” is a trade mark of DSG
Retail Limited.
Company Details
45. Equanet is a trading division of DSG Retail
Limited. Registered office: Maylands Avenue, Hemel
Hempstead, Hertfordshire, HP2 7TG. Registered
number
: 504877.
Services – Additional Terms
& Conditions
In addition to the General terms and conditions
above, the following additional terms and
conditions apply to any services we agree to
provide you under the contract:
Customer Obligations
46. The Customer will:
• allow reasonable access to the site and ensure the
site is a safe environment;
• properly maintain the equipment and software and
regularly back up data;
• not make any unauthorised modications to the
software or services provided by Equanet;
• provide all relevant information about it’s business in
a timely and accurate manner and notify Equanet of
any changes to it affecting Equanet’s ability to deliver
the goods or services;
• Keep any Equanet equipment left with or loaned to
the Customer safe and secure and return the same to
Equanet on demand;
• check and sign for all deliveries by Equanet of
required equipment, keep the equipment safe and
ensure its availability for the services to be carried out.
Equanet Obligations
47. Equanet :
• will perform the services set out in the Description
of Services with reasonable skill and care using
appropriately qualified, trained and experienced
engineers;
• will not copy, adapt or part with possession of any of
the Customer’s confidential information;
• does not warrant the services or any additional
services will cause the equipment or software to
operate without interruption or error;
• does not have any liability for any such interruption
or error which is caused directly or indirectly by any
equipment or services not supplied by Equanet.
Limitations on the Services
48. The services to be provided do not include services
required due to:
• failure by the Customer to properly maintain or
operate the equipment or software;
• modication of the equipment or software by anyone
other than Equanet;
• transportation or relocation of the equipment or
software;
• any defect in equipment or software not supplied
by Equanet;
• failure to allow Equanet proper access to the
equipment or software;
Such services if requested by the Customer will be
treated as additional services for which additional
charges will be payable in accordance with Equanet’s
rates in force at that time.
Termination
49. You may not terminate any contract for services
prior to the expiry of any minimum term indicated in the
contract or associated documentation and/or where
you have engaged us to perform a defined piece of
work. For ongoing contracts where no minimum term
applies, or on or following the expiry of the minimum
term, you may terminate the service contract on 30 days
prior written notice or such other notice period as may
be defined in the contract or associated documentation,
whichever is the greater.
115557_T_C-ADVERTORIAL.indd 110 05/12/2012 11:27