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Terms & Conditions

Terms & Conditions

1. These Terms

In these Terms & Conditions the word Smart Connect means Smart Connect Limited, the words the Customer shall mean the person, firm or Company purchasing or agreeing to purchase goods or services from Smart Connect, the words These Conditions shall mean the Terms & Conditions of sale set out herein and the word goods shall mean all equipment, spare parts, other goods, repairs or services to be provided to the customer by Smart Connect.
All agreements by which Smart Connect agrees to supply goods and services to the Customer shall be subject only to these Conditions notwithstanding any variation or attempted variation of these Conditions made by the Customer in its order form or otherwise and save as provided by clause 1(3) of these Conditions the making of an order by the Customer for the goods or services supplied by Smart Connect shall for all purposes be deemed to be acceptable by the Customer of these Conditions to the exclusion of any other Terms & Conditions. Any brochure in which these Terms & Conditions are incorporated shall constitute an invitation to treat by Smart Connect and any order placed by the Customer shall constitute an offer for goods incorporating these Conditions made by the Customer which Smart Connect in its discretion accepts in writing or by telephone, fax or telex. No cancellation of any order by the Customer shall be valid unless made in writing and accepted in writing by Smart Connect.
No variation of these Conditions is permitted unless expressly accepted in writing by a Director of Smart Connect.

2. The Goods

Subject to the warranty contained in clause 6(1) , all descriptions, drawings & particulars relating to the goods in any catalogues, leaflets, brochures or other documents are for illustrative purposes only and do not form part of the agreement between Smart Connect and the Customer. All representation as to the performance of the goods are based on information supplied by the manufacturer of the goods and relate to their performance in normal conditions and when used correctly.
Unless otherwise expressly agreed, goods supplied will be in accordance with manufacturer s normal designs and specifications current at the date of manufacture or delivery & the supply by Smart Connect of goods differing from any contractual or pre-contractual specifications or descriptions shall not be a breach of the agreement between Smart Connect and the Customer insofar as the goods are of approximately equivalent performance to the goods referred to in such specifications or descriptions.

3. Delivery, Installation & Risk

Unless otherwise expressly agreed, the price shown in the current price list of Smart Connect is exclusive of Value Added Tax and of the cost of packing and carriage which will be charged at Smart Connect normal rates.
The time for delivery or installation of the goods are not of the essence. The agreed dates for delivery or installation are estimates only and a failure by Smart Connect to comply with them shall not be a breach of these Conditions.
The Goods shall be at the Customers risk at the time of delivery or installation or, if the Customer has requested that he has arranged the collection of goods, at his risk on the date that Smart Connect has notified the Customer that the goods are ready for collection.
Where the goods are installed by the Seller, it is the Buyer s responsibility to obtain, make available and pay all licences,, permits, wayleaves, easements, mains electric power supply, conduits, sockets and such like as are necessary for the installation of the goods by the agreed date for the commencement of the installation and to provide all the necessary access, information and co-operation to enable the installation to proceed from that date.
The Customer is required to inspect the goods on receipt and to notify Smart Connect of any defects or complaints within 7 days.
If any payment due to Smart Connect is overdue for 30 days or if the Customer ceases to trade or enters into any arrangement with its creditors or shall become insolvent or has a Receiver or Administrative Receiver appointed or a petition is presented or a resolution passed for the winding up of the Customer (if the Customer is a Company) other than for the purpose of a solvent reconstruction or amalgamation previously notified to Smart Connect, the Customer shall then be deemed to have repudiated any agreements it may then have with Smart Connect who shall be entitled without prejudice to any other rights or remedies available to it to stop any goods in transit and to cancel any further deliveries.

4. Property In The Goods

Notwithstanding risk in the goods passed to the Customer in accordance with clause 3(3) of these Conditions the goods shall remain the sole and absolute property of Smart Connect and title to and legal and equitable ownership of the goods shall not pass to the Customer until payment is received by Smart Connect of all monies due from the Customer to Smart Connect in respect of all goods supplied by Smart Connect o the Customer and the Customer acknowledges that until such payment is made in full it is in possession of the goods solely as a fiduciary for Smart Connect.
The Customer is licensed by Smart Connect to use or agree to sell the goods provided that the entire proceeds or any sale of such goods are held in trust for Smart Connect and are not mixed with other monies or paid into an overdrawn bank account and shall at all times be identifiable as Smart Connect money.
Until title to the goods passes to the Customer, the goods shall be kept separate and distinct from all other property of the customer and of third parties and in good condition and stored in such a way as to be clearly identifiable as belonging to Smart Connect and the Customer will not cause or permit or suffer any labels, badges, serial numbers or other means of identification of the goods to be removed or obscured.
Smart Connect may for the purpose of recovering its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.

5. Price & Payment

All products & offers are subject to availability. Prices are correct at the time of going to press, errors & omissions excluded.
Unless otherwise expressly agreed, the price is payable on delivery of the goods with invoice. If the Customer does not take delivery when requested, the price is payable 7 days after Smart Connect has requested the Customer to take delivery, together with a 15% handling charge for the care and storage of the goods.
Time for payment is of the essence and if payment is not made within 30 days from the date of invoice, Smart Connect may require the Customer to pay 2.5% interest per month from the date of invoice compounded monthly until payment is received in full.
If payment should not be made in 30 days, Smart Connect will be entitled to charge ( in addition to interest and any legal costs ordered by the Court and without prejudice to any other rights or remedies available to Smart Connect) the sum of £ 100 plus VAT by way of liquidated damages and as a contribution to the administrative costs incurred by Smart Connect in taking steps to secure payment.
Unless otherwise stated, all payments are to be made in sterling to Smart Connect address as stated on the invoice.
Where any agreement to supply goods provides for goods to be delivered by installments which are to be separately paid for, such agreements shall not be severable and failure by the Customer to pay for or accept delivery of any installment by the due date shall entitle Smart Connect at its option to treat the whole agreement with the Customer as repudiated.
The price may be increased by Smart Connect at its discretion to take account of fluctuations in exchange rates or increases in the cost of the goods or taxes or otherwise.
The price shall be payable without any deduction or set-off.

6. Warranty And Liability Of Smart Connect

Smart Connect undertakes to credit the account of the Customer ( if any) or to remedy free of charge by repair or replacement any defects in the goods covered under the manufacturer's guarantee provided that the Customer notifies Smart Connect promptly of such a defect and where the Customer arranges for the prompt return to Smart Connect of the defective goods at the Customers risk and expense.
Save as herein specifically provided and save to the extent that the same cannot by statute be excluded all conditions and warranties or representations expressed or implied statutory or otherwise in relation to the goods are hereby excluded. Nothing in this clause 6(2) of these Conditions shall exclude the undertakings implied by section 12 of the Sale of Goods Act 1979.
Smart Connect does not exclude liability in respect of death or personal injury which results from the negligence of Smart Connect, its employees, agents and subcontractors.
Smart Connect shall not be liable for any financial consequential or indirect loss suffered by the Customer or any third party whether such loss arises from breach of a duty in contract or tort or in any other way including without limitation to the generality of this exclusion, loss of profits, economic loss, loss of goodwill, loss of contracts, loss of data, damage to the property of the Customer or anyone else ( other than damage caused by the negligence of Smart Connect or any of its employees, agents or subcontractors) and personal injury to the Customer or anyone else ( except so far as such injury is attributable to Smart Connect negligence).
To be valid, any claim against Smart Connect whether in contract or in tort must be brought within 2 years of the date of invoice and any such claim shall be limited to an amount by way of liquidated damages equal to the invoice value of the goods in respect of which the claim is made.

7. Force Majeure

Smart Connect shall not be liable to the Customer for any failure to perform its obligations due to any circumstances beyond its control (including without limitation strikes, lock-outs, industrial disputes, failure or power supply delays caused by British Telecommunications plc. or any other person, firm or company delays caused by manufacture of the goods, riots, civil disturbances, war or war-like activity, embargoes, fire, explosion, flood or natural causes) and in such event Smart Connect may elect by written notice to cancel any agreement with the Customer or elect that the time for performance shall be extended until such time as Smart Connect can reasonably effect performance.

8. Waiver

If the Customer shall be in breach of any of these conditions then failure by Smart Connect to require the Customer to rectify the same shall not create any assumption that such a breach has been waived by Smart Connect.

9. Notices

All demands, notices and other communications shall be in writing and addressed to Smart Connect at its address shown in invoices delivered by it and to the Customer at the address given by it for delivery of invoices (or as subsequently notified by one to the other in writing) and shall be deemed to be duly given or made by letter 48 hours after being posted by first class postage pre-paid or if delivered by hand at the time of delivery or if given or made by telex when the Sender shall receive the answer back of the person to whom it was sent.

10. Law & Jurisdiction

These Conditions shall be governed by and construed in accordance with English law.

Returns Policy

If you need to return goods, call 0870 751 38 78 and we will give you a returns number. Send the equipment back to Smart Connect with this returns number clearly stated on the outside of the packaging, along with details of the fault, proof of purchase, and all original packaging enclosed. We will turn the product around as quickly as possible. Goods ordered incorrectly can only be returned within seven days of receipt. The following handling charges will apply:

Business equipment - 20%
Goods and all original packaging must be returned in brand new condition.