1.1 Buyer means person to whom the company may agree to supply goods or services in accordance with these conditions.
1.2 The Company means Fusion Networks Ltd
1.3 Goods mean any goods and equipment to be provided by the Company to the Buyer in accordance with these conditions.
1.4 Contract means the contract for the supply of goods or services.
2.1 All orders placed by the Buyer whether written or oral shall constitute an offer to the Company under these conditions, subject to availability of the Goods/Services and to acceptance of the order by the Company’s authorised representative. Any quotation given by the company does not constitute an offer capable of acceptance.
2.2 All orders are accepted and Goods/services supplied subject to these conditions only. No terms or conditions put forward by the Buyer shall apply. No amendment of these conditions will be valid unless confirmed in writing on or after the date hereof by the Company’s authorised representative.
CANCELLATION AND RESCHEDULING
3.1 Subject to clause 6.2 any request by the Buyer for cancellation of any order or for rescheduling of deliveries will only be considered by the Company if made at least 24 hours before despatch of the Goods and shall be subject to acceptance by the company at the company sole discretion and subject to a reasonable administration charge. The Buyer hereby agrees to indemnify the Company against all costs (including loss of profit, the cost of labour and materials used) damages, charges and expenses arising out of the order and its cancelling and rescheduling.
3.2 For Engineering Services you may cancel the engineer at any time up to 10.00am on the day immediately prior to the appointment time agreed for the engineer to visit you or, where your appointment is on a
Monday 10.00am on the Friday immediately prior to your appointment. If you wish to cancel this we may charge you a cancellation fee of 1 days engineering at a rate of £600.
TERMS OF PAYMENT
4.1 Unless the company shall have previously agreed with the Buyer that the Goods/Services shall be supplied on credit, payment for the goods shall be made in full by the buyer prior to the Goods leaving the Company’s premises by credit card, cleared funds or such other method that may be accepted by the Company.
4.2 Where the Company has agreed to supply the Goods on credit, the Company shall be entitled to invoice the buyer for the price of the goods/services on or any time after delivery of the Goods and the Buyer shall pay the price of the Goods within 30 days of the invoice date or such other agreed time period from the date of the Company’s invoice (such other time period being agreed and notified to the Buyer by the Company in writing) not withstanding that the property in the goods has not passed to the buyer. The Company retains ownership over all Goods supplied until such time that payment has been received in full from the Buyer.
4.3 The time of payment of the price shall be of the essence of the contract. If the Buyer fails to make payment on the due date then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:
4.3.1 Charge interest for late payment from the due date until payment in cleared funds is received by the Company at 4% per annum over the base rate for the time being of HSBC PLC such interest accrued on a daily basis and be payable on demand and after as well as before judgement.
4.3.2 Charge the Buyer all the costs incurred by the Company for recovering the debt from the Buyer.
4.3.3 The Buyer shall not be entitled to delay or withhold payment on account of any alleged claim.
RISK AND PROPERTY
5.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or when the Company notified the Buyer that the Goods are available for collection if the goods are to be delivered to the company premises or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Company has tendered delivery of the Goods or the Buyer should have collected the goods.
5.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these conditions, the property in the Goods shall not pass to the Buyer until the Company has received payment in full of the price of the goods and all other goods supplied by the Company.
5.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall deliver up the Goods to the company on demand and if the Buyer fails to do so immediately, the company may enter any premises of the Buyer or any third party where goods are stored and repossess the goods.
5.4 The Buyer may not pledge or in any way change by ways of security for any indebtedness any of the Goods which remain the property of the Company, but if the Buyer does so all monies owing by the buyer to the company shall immediately become due and payable.
6.1 All goods supplied are covered by our 12 month standard warranty. Should the goods supplied at any time during this 12 month period become faulty a replacement shall be despatched for next day delivery upon notification and the faulty goods collected. (Dependant on stock availability). Should a replacement not be available the goods shall be collected and credited in full. The warranty on goods supplied is only valid should the official tamperproof seal be intact. Should this be removed or tampered with in any way all warranties shall be null and void.
6.2 Genuine technical failure or fair wear and tear is covered under warranty. Failure of equipment due to misuse, neglect, lightning strike and power surges are not covered by warranty.
6.3 No liability or responsibility shall be accepted by the company in the instance of loss of business, labour costs or otherwise due to faulty equipment so supplied.
6.4 Goods damaged in transit should be notified to the Company on the day of delivery, in order for replacements to be arranged and the appropriate claim submitted to the courier companies. Notification after day of delivery shall not be acceptable, as the goods shall be deemed satisfactory to the Buyer.