1. PRELIMINARY
    1. IN these conditions: “The Company” means ALLIED NETWORK SERVICES (LEEDS) LIMITED (trading as Allied Communications)
      “The Customer” means the person, firm or company with whom the contract is made by the Company.
      “The Contract” means each and every Contract between the Company and the Customer for the sale, supply, repair or refurbishment of Equipment.
      “The Equipment” means any equipment, machinery, parts, spares, software and any other goods or services sold, supplied, repaired or refurbished by the Company.

      “The Warranty Period” means

      1. In the case of new equipment a period of twelve months on hardware from the date of delivery of the equipment to the customer or the balance of any warranty period provided to the Company by the Manufacturer if greater.
      2. In any other case a period of ninety days from the date of delivery.
    2. THESE Conditions apply to all Contracts entered into by the Company to sell or supply equipment and shall prevail over any terms put forward by the Customer unless the Company expressly agrees to them in writing. No conduct by the Company shall be deemed to constitute acceptance of any terms put forward by the Customer and no concession made or latitude allowed by the Company to the Customer shall affect the strict rights of the Company under Contract
    3. THESE Conditions may only be varied with the express written agreement of a director of the Company.
  2. EQUIPMENT SPECIFICATION AND PERFORMANCE
    1. ALL drawings, specifications and technical documents issued by the Company at any time in relation to the Contract are issued solely for the Customers use in connection with the Equipment and shall not be copied, reproduced or communicated to any third party without the Company’s express written agreement.
    2. EQUIPMENT must be operated in line with the manufacturers stated environmental parameters as to temperature, humidity and other conditions.
    3. ALL representation as to the performance of the equipment are based on information supplied by the manufacturer of the equipment and relate to their performance in normal conditions and when used correctly
  3. ORDERS AND DELIVERY
    1. NO order shall be accepted by the Company unless first confirmed by the Customer via email, in writing or by facsimile.
    2. THE Customer shall, on placing an order, state if he requires the Company to arrange carriage and if so the delivery address. The Company shall be entitled to make any contract of carriage and/or insurance on behalf of the Customer as the Company considers necessary and will be under no obligation to notify the Customer thereof. Unless otherwise agreed by the Company delivery of the Equipment will be ex-works.
    3. NO Contract or order may be cancelled without the Company’s written consent. In the event that cancellation is agreed, for whatever reason, the Customer shall indemnify the Company against all costs, claims, loss and expense occasioned thereby including consequential loss and loss of profits
    4. ALL times or dates given for delivery of the Equipment are given in good faith and shall not be of the essence of any Contract.
    5. THE Company may make and the Customer shall accept part deliveries of Equipment order. Each delivery shall be considered to be the subject of a separate Contract and failure by the Company to make any one or more deliveries in accordance with the Contract or any claim by the Customer in respect of any one or more deliveries shall not entitle the Customer to treat the Contract as a whole repudiated.
    6. THE Customer will accept the Equipment even if it is delivered late and late delivery will not entitle the Customer to terminate the Contract
    7. THE Customer shall inspect the Equipment as soon after delivery as is reasonably practicable and will notify the Company in writing of any shortage of supply deficiency or damage to the Equipment within seven days of delivery. If the Customer fails to comply with this clause the Company shall be under no legal obligation in respect of any alleged shortage discrepancy or damage.
  4. RISK / TITLE.
    1. FROM the time the Equipment leaves the Company’s premises, whether this is by way of collection by the Customer or receipt by carriers (as the case may be), the risk in the Equipment shall pass to the Customer
    2. THE Equipment shall remain the property of the Company until payment is made in full or all sums due under the Contracts between the Company and the Customer.
    3. UNTIL title passes to the Customer under this clause 4.1 the following shall apply:
      1. THE Customer shall hold the Equipment as bailee for the Company, store the same in such a way that it can be identified as the Company’s property and keep it separate from the Customers own property and the property of any other person.
      2. THE Customer will not cause or permit or suffer any labels, badges, serial numbers or other means of identification of the equipment to be removed or obscured
      3. IF payment has become due, or the provisions of clause 6.3 shall apply, the Company shall be entitled to recover the Equipment from the Customer and for that purpose the Customer hereby grants to the Company, its agents and employees, an irrevocable licence to enter any premises where the Equipment is stored in order to repossess the same.
    4. EACH of the following foregoing sub-clauses constitutes an entirely independent provision and shall be interpreted separately from the remainder
  5. PRICES AND PAYMENT
    1. UNLESS otherwise specified prices payable for the Equipment are exclusive of carriage and accordingly the Company reserves the right to require payment of delivery charges, VAT and other taxes, insurance costs, customs duties, special handling charges and/or packaging charges as appropriate.
    2. THE Company shall have the right at any time to revise prices to take into account increases in costs including (without limitation) costs of agreed changes in taxes, duties, levies or exchange rates or costs arising as a result of site conditions, delays, interruptions, lack of information and any other factor beyond the Company’s control.
    3. IF Credit terms have been agreed in writing by the Company, payment shall be made in full without any deduction or set-off within thirty days of the invoice unless otherwise agreed in writing by the Company. If credit terms have not been agreed by the Company then payment shall be made in full without any deduction or set-off at the time of placing the order for the Equipment.
    4. NOTWITHSTANDING any of the terms and conditions hereof, the time of payment shall be of the essence of the Contract.
    5. INTEREST shall be payable on overdue accounts at the rate of two percent above the base lending rate per month or part thereof on the amount for the time being outstanding from the due date of payment thereof until receipt by the Company whether before or after judgement.
    6. IF any cheque presented in payment of an invoice by the Customer shall be returned unpaid by the Customers bank, or if any agreed standing order or direct debit arrangement shall fail to be paid then the Customer shall, in addition to all other sums payable under the Contract, pay to the Company the sum of £30 for each such event or such greater sum as shall represent the cost incurred by the Company by reason of such dishonour or failure as aforesaid.
  6. WARRANTY AND LIABILITY OF THE COMPANY
    1. THE Company will make good by repair or exchange (at its option) such of the Equipment or part thereof which is shown to its reasonable satisfaction to have proved defective in materials or workmanship during the warranty period on the following terms:
      1. ANY damage, defect in or failure of the Equipment must be notified to the Company in writing as soon as practicable and in any event no later than seven days after delivery.
      2. THE Equipment must be unmodified, have been properly used under normal working conditions and have been properly installed and maintained.
      3. BEFORE returning the Equipment or any part thereof the Customer must obtain a return authorisation number from the Company and details of the Company’s returns procedure, which must be fully complied with.
      4. THE Equipment or part to be returned must be delivered to the Company’s premises in its original packaging, together with supporting documentation showing full description of the alleged fault and quoting the relevant returns number. In the event that the customer fails to comply with this requirement then the Company will be entitled to a charge of 15% handling fee upon authorised return of the Equipment.
      5. ALL delivery charges for carriage to and from the Company’s premises must be paid for by the Customer, unless agreed otherwise.
      6. WHERE parts only are returned, the Company shall not be responsible for installing any such part after repair or exchange.
      7. THE Company may elect to carry out repairs at the premises of the Customer and if so electing, then the Customer shall provide the Company’s employees or agents with free access to the place of installation and free access to any services or facilities that may be required to repair the Equipment.
      8. IF it so elects, the Company may require the Customer to return the Equipment or part, direct to the manufacturer for repair or exchange, in which case such repair or exchange on the part of the manufacturer shall satisfy the Company’s obligations under this clause 6.
      9. THE foregoing warranty shall only apply to any replacement Equipment or parts thereof supplied by the Company under this warranty for the balance of the warranty period applicable to the Equipment sold.
    2. THE Company gives no undertaking or warranty that the Equipment is fit for any particular purpose and the Customer must rely entirely on his own skill and judgement in evaluating the suitability of the Equipment for his purpose.
    3. SUBJECT to the foregoing all conditions, terms and representations, express or implied by statute, common law, custom or usage in relation to the Equipment are hereby excluded and the Company shall be under no liability to the Customer for any indirect, special or consequential loss, damage or injury resulting from defective material faulty workmanship or otherwise howsoever arising and whether or not caused by the negligence of the Company, its employees or agents.
    4. IN no event shall the Company be under liability whatsoever and howsoever arising for any loss or use or loss of profits, interruption of business or any other indirect special or consequential loss of any type arising or alleged to have arisen out of any negligent act or default of the Company in respect of the Company’s obligations under such Contract.
    5. IF the Customer deals as a consumer as defined in S.12 of the Unfair Contract Terms Act 1977 the above provisions shall not apply and the Customers statutory rights under the Sale of Goods Act will be unaffected.
    6. THE Company does not exclude liability for death or personal injury to the extent that it is caused by the negligence of the Company, its employees, or agents nor for breach of any of the undertakings as to the title implied into the Contract by S.12 of the Sales of Goods Act 1979.
  7. FORCE MAJEURE
    1. THE Company shall not be liable for any delay or failure in performance of its obligations under the Contract which is due to, or results from, any circumstances beyond its reasonable control including, but not limited, to, delays or faults of suppliers, or the defaults of any sub-contractor, war, strike, lock-out, trade dispute, flood, accident to plant or machinery, shortage of materials or labour. In any such event, the Company shall be entitled to delay or cancel delivery of the Equipment. If due to any such event the Company has insufficient stocks to meet all its commitments, the Company may apportion available stocks between its Customers at its sole discretion.
  8. REPRESENTATION
    1. THE Company shall incur no liability to the Customer for misrepresentations by virtue of any statement made by or on behalf of the Company prior to the Contract whether orally or in any letter document or sales literature and the Customer shall not be entitled to rescind the Contract on the grounds of any such misrepresentation.
  9. GENERAL
    1. IF at any time one or more of the above Conditions become in whole or part void, invalid or unforeseeable then the remainder of these conditions shall nevertheless remain valid and enforceable.
    2. ALL notices hereunder shall be in writing and shall be given by hand or sent by prepaid first class post, facsimile or e-mail to the party concerned at its last known address. Notices sent by first class post shall be deemed (in the absence of earlier receipt) to have been delivered forty-eight hours after despatch and notices sent by facsimile or e-mail shall be deemed to have been delivered on the first working day following the date of their despatch.
  10. LAW AND JURISDICTION
    1. THE construction, performance and validity of the Contract and these Conditions shall in all respects be governed by the laws of England
  11. SPECIAL PROMOTIONS
    1. Above clauses will apply to special promotions – special promotions being any offer of additional discount, gifts or vouchers.
    2. To be eligible, purchase orders must be for more than £1000 excluding VAT & delivery and quote the special promotion reference and be received by the stated date.
    3. Replacement orders for previously cancelled equipment will not be eligible
    4. Orders received from companies whose account is on stop will not be accepted.