Terms & Conditions of Sale with Cabled & Co. Technology Ltd.

  1. Definitions

    1. In these Conditions of Sale the following words and phrases shall have the meanings given below:

      1. “The Company” means Cabled & Co. Technology.

      2. “The Customer” means the Person, Firm or Company purchasing the goods from The Company under these Conditions of Sale.

      3. “The Conditions of Sale” means the terms of the contractual agreement between the Company and the Customer as set out in these Conditions of Sale 

      4. “The Agreement” means the Conditions of Sale and any appendix thereto.

      5. “The Project” means the supply and installation of goods and services.

      6. “The Agreement Price” means the price as set out in an appendix to these Conditions of Sale.

  2. The Agreement 

    1. The Agreement, which shall comprise these Conditions of Sale together with any appendix there too, shall be the only conditions relating to the price and provision of goods and services. 

    2. Verbal estimates or quotations do not constitute offers. All offers shall be made in writing by The Company and appended to these Conditions of Sale.

    3. In the event of a conflict arising between these Conditions of Sale and any sales brochures or other material issued by The Company or any offer or other material appended to these Conditions of Sale the Conditions of Sale shall prevail. Note: The Customer is not entitled to rely on any description, specification, colour, statement or warranty (implied or stated) in any sales brochure or other material issued by The Company unless this is specifically referred to in an appendix to these Conditions of Sale. 

    4. No variation or omission of any of the Conditions of Sale is permitted except on the express written authority of a Director of The Company. 

  3. Basis of Pricing 

    1. The Company reserves the right to vary the Agreement at any time to take into account of: 

      1. Any alteration made in the specification upon which the Project is based.

      2. Any conditional work that is required by any aspect of the state or condition of The Customers premises, to allow the performance of the Project unless such work is specifically included within an appendix to these Conditions of Sale.

      3. Any extra cost borne by The Company as a result of a change in Government Legislation.

      4. Any price increases made by any supplier of goods and/or services to The Company that The Company is relying upon in the performance of this Project between the date of this Agreement and delivery of the goods. In any such event The Company will provide The Customer with notice of any change in price and offer The Customer the opportunity to purchase the goods at the current price.

      5. Any extra cost borne by The Company as a result of increases in rates of currency exchange ruling at the date one month prior to the date of this Agreement.

      6. Any extra cost borne by The Company as a result of carrying out the Project in any particular manner, sequence or conditions unless this requirement is specifically included within an appendix to these Conditions of Sale.

      7. Any extra cost borne by The Company as a result of any necessary consents or approvals such as planning permission, Listed Building Consent, Building Regulations approval and the like. 

      8. Any other increase in the cost of the performance of the Project incurred by The Company as a result of factors over which the Company has no control. 

    2. All prices unless specifically stated exclude Value Added Tax and in the case of Projects outside of the UK prices exclude all import duties and fees and sales and other taxes and are net. VAT will be calculated on the contract at the rate in force at the time of the order. In the event of a change in the rate of VAT the Company will be required by HM Customs & Excise to amend the rate to that which applies on installation/ delivery.

  4. Performance of the Project 

    1. The Company will do its best to meet installation dates however The Company offers no guarantee whatsoever regarding the delivery dates and The Customer agrees that time is not of the essence and that The Customer shall have no recourse against The Company in respect of The Company failing for any reason to commence or complete the Project by any particular date. 

    2. Reasonable access at reasonable times shall be provided by The Customer to enable The Company to take further measurements and subsequently for installation to be carried out by The Company where applicable. 

    3. The Customer shall ensure that the premises within which the Project is to be undertaken is prepared in readiness to allow all labour and staff engaged by The Company to work in a safe manner in accordance with all current and applicable Health and Safety legislation. In the event that The Customer has failed to comply with this requirement The Company may at its discretion suspend the performance of this Agreement until such time as the premises is prepared or carry out such work as The Company considers necessary to the premises to achieve compliance with all current and applicable Health and Safety legislation and make a proper charge in respect of any cost incurred. 

    4. The Customer shall not be entitled to reject any goods by reason only of reasonable variations in dimension, colour or any other factor not being material to the performance of the Project. The final design specification will be based upon the working drawings or other information (if any) supplied by The Company to The Customer prior to The Company procuring such from its suppliers’ such goods. The Customer must inspect such information (if any) that The Company may issue in relation to the Project and notify The Company in writing of any dissatisfaction. Upon receipt of such notice The Company shall liaise with The Customer to resolve any concerns and agree on how the Project shall be completed. 

    5. The Company reserves the right to make any changes in specification of the goods or services to be provided to conform with any applicable safety or other statutory requirements or to conform with The Company’s policy of continuous improvement which do not materially affect their quality or performance.

    6. n the event that The Customer takes delivery of any goods prior to installation The Customer shall be required to:

      1. Check the visual condition of the packaging and labelling of such goods and notify The Company immediately (and in any event no later than seven days of delivery) should the packaging be in any way damaged or the labelling on reasonable inspection indicate that the contents appear not to be in accordance with the specification for the Project. The Company shall not have any liability for any goods subsequently discovered to be unsatisfactory unless The Customer has promptly notified the Company of any specific concerns. 

      2. In the unusual event that goods are delivered unpackaged check the visual condition of such goods and notify The Company immediately (and in any event no later than seven days of delivery) should these be in any way damaged or appear not to be in accordance with the specification for the Project. The Company shall not have any liability for any goods subsequently discovered to be unsatisfactory unless The Customer has promptly notified the Company of his specific concerns. 

      3. Store the goods in a secure dry place until installation is commenced.

      4. Insure the goods for their full replacement value and accept full liability for them whilst in The Customer’s possession.

    7. The company agrees to commission and program the system in the following manner:

      1. All qualifying equipment will be handed over to The Customer with the most up-to-date firmware or operating system tested and confirmed suitable for use by The Company.

      2. All qualifying equipment will have user access settings changed for security. User names and passwords will be issued with the completion report.

      3. Smart systems will be programmed to to meet basic operational user requirements prior to completion and handover.

      4. The Company agrees to provide, free of charge, two return visits post completion to tailor the system to The Customer’s requirements in so much that each visit does not last longer than three hours. Prior to any visit it is The Customer’s responsibility to provide The Company with details regarding any changes to be made. 

  5. Payment Terms 

    1. The customer shall make payments to The Company upon receipt of the companies requests for payment which shall be issued on the following terms:

      1. 15% of the agreed price upon execution of this agreement or the price stated in the order confirmation to proceed with the project

      2. Payments representing 75% of the Agreement Price are set out in this agreement for the procurement of equipment and will be staged to dovetail with project progress. Payments will become due for payment 4 weeks in advance of works and will include 90% of any increase to the Agreement Price resulting from changes in specification or other matters arising out of these Conditions of Sale. Dates and amounts will be amended if required to reflect any change in programme.

      3. Subject to monies having been received by The Company for the purchase of the equipment as set out in clause 5.1.2 the materials will be clearly marked up with the name of the Customer and the name of the Contract for which the materials are destined and placed in The Company’s stores. The Company shall issue to The Customer a document recording the transfer of title of the goods from The Company to The Customer. The materials will then be delivered to site to suit the progress of works.

      4. A further 5% of the Agreement Price and the balance of any increases to the Agreement Price resulting from changes in specification or other matters arising out of these Conditions of Sale being due once all goods included in The Agreement Price have been delivered to site.

      5. The final 5% of the Agreement Price and the balance of any increases to the Agreement Price resulting from changes in specification or other matters arising out of these Conditions of Sale being due on completion of the Project. Payment shall be made upon completion of the Project. See clause 5.2 below

      6. Receipt of payment for the equipment is a pre-condition of its order, storage, delivery to site and the commencement of the installation.

      7. The company reserves the right to change these above payment conditions (5.1.1, 5.1.2, 5.1.3, 5.1.4, 5.1.5, 5.1.6) and detail an alternative payment arrangement in the form of a payment schedule usually detailed within an order confirmation

    2. The project shall be deemed complete under the following conditions:

      1. All equipment included in the Agreement Price has been delivered and installed.

      2. and programmed to a basic operational state.

      3. The Customer has moved in moved in to the property and initiated use of the system or a period of four weeks has passed once the conditions in clause 5.2.1 have been met.

    3. If The Customer fails to make any payment in accordance with these Conditions of Sale then The Company without prejudice to any other right or remedy available to The Company shall be entitled to:

      1. Upon written notice to The Customer cancel the contract and treat any payments received as if The Customer had requested cancellation as set out in clause 6 below without any liability whatsoever on the Company’s part and to recover from The Customer any additional amounts owed.

    4. The Company shall retain the title in goods supplied by The Company to The Customer until The Company has received full payment in accordance with this Agreement. Such retention of title shall not be grounds for The Customer to fail to complete the purchase. At any time after default by The Customer in paying for the goods supplied, on the demand by The Company any goods for which The Company has not received payment in full shall be returned to The Company.

    5. The Company shall retain the right to withhold passwords and user access to any item until The Company has received full payment in accordance with this Agreement. Such retention shall not be grounds for The Customer to fail to complete the purchase.

  6. Cancellation or Change Order Process

    1. In the event of cancellation of the Agreement being requested in writing by The Customer and The Company accepting the same The Customer agrees to the following:

      1. Any payments previously made by the Customer to The Company for goods delivered to site shall be non-refundable.

      2. Any payment previously made for goods not delivered to site will be refunded in so much as the supplier of the goods to The Company agrees to take the goods back. Any charges for re-stocking will be deducted from the refund.

      3. Any payment previously made for custom or special order goods that cannot be returned shall be non-refundable. The Company agrees to deliver such goods to a location specified by The Customer. 

      4. Any payment previously made by the customer for installation services shall be non-refundable.

    2. Change orders must be formally requested by the Customer. Cabled & Co. Technology Ltd will then update the project scope and provide a change order document for the Customer to approve before proceeding with any changes.

  7. Guarantees, Warranties, Support and Liability

    1. All guarantees, warranties and support services are subject to The Company having received payment in full in accordance with the Agreement.

    2. The Company guarantees for a period of twelve months from the date of completion to provide a ‘system warranty’ covering design, installation and configuration. Any time to resolve a fault shown to have arisen from the design, installation or configuration will not be billed.

    3. All equipment supplied by The Company to The Customer will be covered by manufacturer warranty:

      1. Whether an item is repaired or replaced is governed by the conditions set out by each manufacturer. The Customer agrees that The Company is under no obligation to replace a product in the event that the manufactures warranty covers its repair.

      2. The commencement of warranty for any item starts on the date the item is installed.

      3. The Company will endeavour to repair or replace any item under manufacturer warranty in the fastest possible time.

      4. The Company is under no obligation to provide a loan item to cover the period between removal and reinstallation of any item.

    4. The Company guarantees for a period of one year from the date of completion of the Project to attend site, free of charge, to repair or replace [subject to the manufacturers warranty] any item of equipment found to be defective provided:

      1. That the equipment has been used and maintained in accordance with the manufacturers and / or The Company’s recommendations.

      2. That The Company shall be under no liability in respect of any defect arising from any design or specification supplied by The Customer. 

      3. That if after completion of the Project any goods have been modified or subject to any alteration or treatment by any persons other than The Company then The Company shall have no liability

      4. That The Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence and the like.

      5. That The Customer has taken all steps to assist The Company with remote trouble-shooting and The Company agrees that a technician is required on site to resolve the issue.

      6. That The Customer informs The Company of any event(s) that may have caused the fault including electrical fault, broadband failure, water leak, lightening strike, miss-use, damage or any other event that could lead to a system issue.

    5. During the support period The customer agrees that The Company may invoice for attendance in the event that the issue is determined not to have arisen from an item fault, but to have resulted from user error, miss-use, damage, electrical fault or any other fault to have arisen outside of the conditions of the manufacturers or System warranty.

    6. Where design is specifically included in writing in the appendix to these Conditions of Sale the liability of The Company shall be that of a professional designer holding himself out as competent to take on work for such design and The Company’s liability in respect of design liability howsoever arising shall be limited to a maximum of the Agreement Price. 

    7. The guarantee given by The Company is subject to the following conditions: 

      1. That assignment is not permitted without the written consent of The Company 

      2. That The Company’s liability under this Agreement shall extend only to manufacture, installation and completion of its obligations as set out in these Conditions of Sale. Under no circumstances shall The Company be liable for any consequential loss suffered by The Customer.

      3. Unless specifically stated in an appendix to these Conditions of Sale that the Project is to be completed for any particular purpose The Company shall be deemed not to know of that purpose and shall assume that the Project is for a non-commercial purpose. 

    8. Unless The Customer has given written notice to the Company within one year of completion of the project specifying in detail that any goods or services have not been performed in accordance with the Agreement then The Customer shall be deemed to have accepted that the Project has been completed to The Customer’s total satisfaction in all respects and that The Customer shall have no right of action against The Company arising out of the Agreement or at law. 

  8. Indemnity

    1. The Customer acknowledges that in order to download or make copies of any original works of copyright including, but not limited to, musical compositions, sound recordings, films and/or other audio-visual programmes appropriate permission should be obtained and that failure to do so may constitute an illegal act. (By way of example, such permission may be obtained by way of paid download from iTunes). 

    2. The Company is not in a position to grant or procure the grant of any permission to download or copy original works of copyright.

    3. The Customer will indemnify The Company for all and any liability, costs, expenses, damages and losses The Company incurs arising out of or in connection with any illegal acts committed by The Customer or by any other person to whom The Customer makes access available to the goods and/or services provided by Cabled& Co. to The Customer. 

    4. Cabled & Co. Technology Ltd is responsible for the designs, plans, and specifications that we create for system integration and installation, but only to the extent that they relate to the equipment we install. Any designs, plans, or specifications provided by third-party professionals (such as architects, contractors, or other designers) are used as a guide and are not the responsibility of Cabled & Co. Technology Ltd. We cannot be held liable for any errors, omissions, or consequences arising from third-party designs, including architectural drawings or plans that deviate from the agreed specifications. The Customer agrees to indemnify and hold harmless Cabled & Co. Technology Ltd from any claims, losses, damages, or expenses arising from issues with third-party designs or the installation of equipment unrelated to our systems. Our responsibility is limited solely to the designs we provide and the systems we install.

  9. Generally

    1. No representation or warranty and no variation of this contract shall have effect unless in writing and signed by a Director of The Company, or subject to The Company’s written notice to The Customer, by The Company’s authorised representative