All Sales of Software are subject to Videcom Security Ltd Normal Terms and Conditions of sale, these can be downloaded from our main website.
Software once registered is non-refundable, please ensure you have chosen the right Luxriot product for your needs, software can be upgraded from one version to another but not downgraded. If in any doubt please try the complimentary EVO S edition.
VIDECOM STANDARD TERMS AND CONDITIONS OF SALE
1 EFFECT For the purposes of this document Videcom shall mean Videcom Security Ltd, or any other associated company, its servants, agents or sub-contractors or any other company working for or on behalf of Videcom Security Ltd. These terms and conditions shall prevail over any proposed by the Customer (Purchaser) or implied by trade custom or practice and all transactions will only be concluded on that condition. Videcom’s failure to object to any other terms proposed by the Customer shall not be deemed a waiver of that condition.
2 QUOTATIONS AND ORDERS
2.1 Orders are accepted at the prices shown on current quotations and price lists but Videcom reserve the right to amend these prices to those ruling at the date of dispatch, and to amend any accidental errors or omissions. Subject to any amendments required for omissions, arithmetic or other errors fixed price quotations will be valid for a maximum of 30 days.
2.2. Following the acceptance of order Videcom reserves the right to discontinue or modify products or to supply alternative products of similar or better design without incurring any liability to modify existing instruments or products to the later design. All manufacturers’ brand names or model or reference numbers stated in quotations are stated for reference only and this does not imply that these particular products will actually be supplied or installed.
2.3. The placing of a verbal or written order direct or by any means including but not restricted to telephone, facsimile, telex or electronic mail by the Purchaser shall be deemed as acceptance of the foregoing Terms and Conditions.
2.4 All quotations are based on the Videcom standard hours of work which is 9.00am to 5.30pm, Monday to Friday.
2.5 Divisibility Clause Any order or contract is divisible. Each delivery made hereunder shall be deemed to arise from a separate contract and shall be invoiced separately; any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein, without reference to and notwithstanding any defect or default in delivery of any other instalment.
3 TITLE TO GOODS Title to goods or services applied shall not pass to the Purchaser unless and until full payment has been made to Videcom, but this shall not relieve the Purchaser of the responsibility for goods stolen or otherwise lost after collection or receipt of goods. Videcom Security Limited registered in England at the above address. Company Registration No 01880807 Page 5 of 7 Videcom Quotation Terms And Conditions Of Sale 2v3.docx December 2017 Videcom Security Limited. Fordoun House, Rue De St Lawrence, Waltham Abbey, Essex, EN9 1PF. Tel: +44 1 992 714604 Email: email@example.com Web: videcomsecurity.co.uk
4 CUSTOMER’S RESPONSIBILITIES
4.1 The Customer is responsible for:- (a) Ensuring that the environmental conditions at the site or place of installation (as approved by Videcom and/or other relevant authority from time to time) are maintained at all times. (b) Ensuring that Videcom engineers or duly authorized representatives have full free and timely access and the Customer shall provide adequate working and storage space, and such other facilities as the engineers may reasonable require and shall observe any legal or statutory requirements including but not exclusively relating to Health and Safety at work.
4.2 The customer shall maintain all such records as are required by their terms and conditions and those recommended by Videcom (from time to time) or required by law or by Health and Safety requirements.
4.3 The Customer shall indemnify Videcom against all claims from themselves and of others in the event that the Customer allows any Videcom supplied product to be altered, adjusted or interfered with by other than Videcom authorized engineers.
5.1 Excepting when any specific guarantee agreement is arranged and except for any warranty, conditions or liability implied by law, our liability in respect of any defect in or failure of the goods or services supplied, or for any loss, injury or damage attributed thereto, is limited to repairing or replacing any good which show defects arising solely from faulty materials and/or workmanship, within a period of twelve (12) calendar months from the date of sale or for the length of the manufacturers guarantee whichever is the shorter.
5.2 Videcom warrants that it will exercise all reasonable care and skill in the provision of its goods and services. However the parties agree that the effects of any failure on Videcom’s part to provide any particular goods or service promptly and efficiently will be difficult to quantify and that Videcom cannot have knowledge of the consequences of such failure. Accordingly, Videcom’s liability to the Customer for damages from any failure to provide the goods or services promptly, efficiently or at all shall be limited to £3,000 or the invoice value of the goods or services whichever shall be the lower value.
5.3 In no event (whether this agreement continues in force or not) shall Videcom be liable for any loss of contracts, profits, business or use of any product supplied or installed by Videcom nor for any other indirect or consequential loss whatsoever attributable to delay or failure to provide the goods and services on time or at all.
5.4 All other express or implied terms, conditions or warranties and any liability in tort (other than for negligence of Videcom, its servants, agents or sub-contractors causing death or personal injury) and, if exceeding the limit specified in paragraph 6.2, damage to property, are excluded.
5.5 An extended warrantee for continuation after the standard manufacturers or Videcom guarantee has expired can be arranged at any time up to the expiry of the said guarantee.
6.1 Videcom will not be liable for the failure to provide the goods or services or the performance there of if the failure results from any “force majeure” event (whether happening in the United Kingdom or elsewhere), such as but not limited to Act of God, governmental act, explosion, accident, lighting damage, fire, electromagnetic interference, radio interference, industrial dispute, difficulty in obtaining materials or any cause beyond its reasonable control.
6.2 In the case of damage to property by the negligence of Videcom or its employees in connection with the provision of goods or services, the liability of Videcom shall be limited to £5.000.000 in respect of any one event or events arising from a common cause.
7 PAYMENT TERMS AND CHARGES
7.1. The Standard payment Terms are: unless otherwise agreed 100% in advance. Any other Payment Terms may be negotiated and must be confirmed in writing by a duly authorized representative of Videcom. However, under no circumstances will Videcom allow any form of retention or monies withheld by the Purchaser or by other parties in lieu of guarantee or for any other purpose. If the Customer or Purchaser commits any breach of these terms and conditions Videcom may demand full and immediate repayment of any outstanding balance and to charge interest pursuant to clause 14.
7.2 Credit accounts may be opened at the discretion of Videcom upon submission of satisfactory commercial and bank references. Accounts for goods or services supplied are due for payment within 30 days of invoice date.