Terms and Conditions
Accutime Limited Terms and Conditions
1. Definitions
1.1 The “Buyer” means the Account Applicant or person who buys or agrees to buy Goods from the Seller.
1.2 The “Seller” means AccuTime Limited.
1.3 “Conditions” means the Conditions of Sale set out in this document and any special conditions agreed in writing by the Seller.
2. Conditions
2.1 These “Terms and Conditions” do not affect your statutory rights as a consumer.
2.2 All contracts of sale made by the Seller shall be deemed to incorporate these terms and conditions which shall prevail over any other document or communication from the Buyer.
2.3 If any amendments to this terms and conditions are required it is preferable that they be confirmed in writing.
2.4 Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.
3. Prices
3.1 The Price shall be that on the Seller’s current list price, web site, or if applicable the price contained in the Seller’s Quotation
3.2 All Prices are exclusive of VAT and charges for packing, postage and Carriage (plus VAT) which shall be paid in addition.
3.3 The total purchase price, including VAT and Delivery charges will be displayed in the Buyer’s shopping cart prior to confirming the order.
3.4 Payment must be made in full before dispatch of any Goods.
3.5 If credit terms are offered payment is due in full on the terms of credit agreed which shall not be more than 30 days from the date of invoice. Time for payment shall be of the essence and any failure to pay shall entitle the Seller at its option to treat the Contract as repudiated by the Buyer or to delay delivery until paid.
3.6 If any act or proceedings shall be commenced in which the Buyer’s solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable
4. Interest on Overdue Invoices
4.1 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at 4% above Lloyds TSB Bank PLC base lending rate for the time being in force per calendar month.
5. Warranty and Liability
5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, Common Law or otherwise are excluded and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
5.2 While every effort is made to ensure that the product specifications on this web site are accurate, manufacturers do add and remove functionality and appearance of their products as the software or hardware is developed. Inevitably there will be a delay before the product descriptions are updated reflecting these changes, Therefore Hardware and software design may occasionally differ to that shown on our website. It is highly recommended that an evaluation of the chosen product(s) is carried out to ensure that it meets your functional requirements prior to purchase.
5.3 AccuTime Ltd give a full year return to base hardware warranty from date of order. This includes parts and labour but not consumables such as print ribbons, cards, cables etc. Parts used to refurbish Handscanners are guaranteed for three months from date of sale. Where software is purchased we include 30 days telephone software support from date of purchase. Extended software support is available at additional cost, this support is by telephone, email or remote access to your PC, and will provide fault finding advice and where possible solutions, alteration of system settings from those originally agreed and site visits are not included in the extended software support, site visits and alteration of system settings if required will be charged at current rates. Software supplied contain standard reports and can be viewed on our website, some custom reports can be produced at an additional cost. We Warrant our hardware against defects in material and workmanship for a period of one year from date of original purchase from AccuTime. This warranty will become void when service performed by anyone other than an approved AccuTime service dealer results in damage to the product.This warranty does not apply to any product that has been subject to abuse, neglect or accident, or which has had a serial number altered or removed, or which has been connected, installed, adjusted, or repaired other than in accordance with instructions furnished by AccuTime Ltd. This warranty does not cover labour cost for removing and reinstalling the machine for repair, or any expendable parts that are readily replaced due to normal use. Software support may require Accutime Ltd to access your system remotely and access must not be withheld or restricted. The sole responsibility of AccuTime under this warranty shall be limited to repair of this product, or replacement thereof, at the sole discretion of AccuTime Ltd. Proof of date of purchase from AccuTime Ltd is required for warranty service on products. All systems will be ready for basic use any further set-up is the customers responsibility with the aid of the instruction manual provided or on AccuTime Ltd web site
6. Delivery
6.1 Products supplied within the UK will normally be delivered within 5 working days of receipt of order.
6.2 Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.
6.3 Delivery of the Goods shall be made to the Buyer’s address and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.4 Upon receiving your goods please be sure to check them prior to signing or if someone is accepting the goods on your behalf, please make sure they are aware they must check the goods prior to signing. By signing for your goods you are agreeing that you are happy with the condition of the goods upon receipt. If you receive your goods and they are damaged please sign for the goods as “Damaged” and /or reject the delivery. If you are not in when delivery is attempted your address will be carded by the delivery driver,please follow the directions of the card to rearrange delivery.
7. Ownership and Risk
7.1 The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller’s premises at the Buyer’s request.
7.2 The Seller remains the owner of the Goods affected by the Contract until the Seller has been paid in full for such Goods.
7.3 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller in writing or by email within 7 days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do this he is deemed to have accepted the Goods.
7.4 Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with the original packing at the Buyer’s risk and either
a) retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect or Collect the Goods or
b) at the Seller’s option returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the Goods are in fact defective.
8. Cancellation and Returns
All sales are final and customers may only return defective goods. In such an event the company will issue the customer with an RMA authority. The Company will not accept returns without an RMA. All returns must be returned in their original packing (or a suitable replacement) with an the RMA attached to the outside of the packaging or it will be refused. It must be carefully packed. The Customer is responsible for shipping charges and insurance for all returned items that will be refunded if the goods are found to be defective.
8.1 If it is agreed that the goods are to be returned :-
a) a Goods Return number obtained from the Seller must be clearly shown on the returned parcels.
b) the Buyer will be liable for cost of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the Goods being inadequately packaged by the Buyer or through the Buyer’s fault.
c) The Seller reserves the right to make a handling and restocking charge of 25% on Goods which are returned if they were ordered in error or are no longer required. If the goods are faulty or being returned under clause 8.2 then the restocking charge will not apply.
8.2 If you are a consumer you have the right, in addition to your other rights, to cancel your contract with AccuTime Ltd and receive a refund. You must contact us and inform us in writing or email of your desire to cancel your contract within 7 working days of receipt of the relevant product(s). You must return the goods to us at your cost and we advise you to ensure the goods are adequately insured during any return journey. Any goods returned which are not under warranty will be held for 60 days, if the repair charge or return carriage is not paid by the customer within this period the goods will be disposed of.
8.3 Goods returned for refund under the above clauses must be in their original packaging and unused, additional charges will apply for any items which are not returned as new condition or not in the original packaging.
8.4 Software returned under clause 8.1 must be returned with the seal unbroken. Software with a broken seal is non refundable
8.5 We reserve the right to charge a cancellation fee if you cancel an appointment within 48 hours of the scheduled appointment date
9. Force Majeure
In the event that the Seller is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the Seller shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfillment is prevented.
10. No Waiver
10.1 The Seller’s failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.
11. Liability
11.1 Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damage.
12. Complaints
12.1 If you have a complaint about our service or any goods or services you purchase from AccuTime Ltd then please contact us immediately in writing or by email. You will be contacted as soon as possible and definitely within 24 hours of our hearing from you and aim to provide a resolution within 5 working days.
12.2 All complaints will be dealt with in a fair and confidential manner.
13. Misc
13.1 Any contracts shall in all respects be construed and operate as an English contract and in conformity with English law.
13.2 If any part of these terms and conditions that is not fundamental is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of these terms and conditions.
