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Terms and Conditions
Terms and conditions
Definitions
1.1 "Beacon Link" is Beacon Link or Beacon Link Limited having offices at Beacon House, Melton Road, Barrow Upon Soar, Loughborough, LE12 8HX.
1.2 The "Customer" means the party which is purchasing Goods or services from Beacon Link.
1.3 The "Goods" means the supply of computing and/or telephony products and/or services.
1.4 An "Order" means the acceptance by Beacon Link to provide the above Goods or services to the Customer.
Conditions
2.1 All proposals are made and orders accepted subject to the following Terms and Conditions.
2.2 No additions or alterations shall apply unless agreed to in writing by Beacon Link.
2.3 Beacon Link reserves the right to correct typographical and clerical errors and omissions in proposals, orders and invoices and the Customer may not rely on such errors or omissions.
2.4 These Terms and Conditions shall be applied and construed in accordance with the Laws of England and Wales and the Customer accepts the jurisdiction of the English Courts in relation thereto.
Licences
3.1 Software is supplied and licensed to the Customer subject to the terms and conditions of the respective software vendors.
3.2 Warranty on all computing hardware Goods are as supplied by the respective hardware vendors.
Pricing
4.1 All prices are subject to VAT at the prevailing rate.
4.2 All prices shall be exclusive of charges for packing, postage, and carriage (plus VAT) which shall be paid in addition.
4.3 All prices shall be contained within a Beacon Link quotation and will supersede any other previously quoted or advertised prices.
4.4 An Order for project work may require payment of 25% of the total Order value before work commences and this will be shown on a written quotation.
4.5 Quoted prices are based on third party current costs, and unless otherwise agreed, can be amended on or at any time after acceptance of order to meet any rise or fall in such costs. If the price has been paid in full prior to despatch no price revision may take place without the prior written agreement of the Customer.
Liability
5.1 Beacon Link shall not be liable in any way for any loss of profit or any other consequential loss of any kind arising from any Services or hardware or software supplied to the Customer.
5.2 Whilst every reasonable effort will be made to keep to any delivery date or time, these will not be of the essence and Beacon Link shall not be liable for any losses, costs, damages, or expenses, incurred by the Customer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date or time.
Customer’s Responsibility
6.1 The Customer is responsible for reconstruction of lost or altered files, data or programs, originated and owned by the Customer or their agents.
6.2 Except where Beacon Link have provided the hardware element of the Customer’s system, the Customer is required to provide a stable hardware and operating system platform capable of running software supplied through Beacon Link as specified.
Delivery
7.1 Unless otherwise agreed, Beacon Link may deliver by instalments and in such case each instalment shall be treated as a separate Contract and any delay, default, or non delivery in respect of any instalment by Beacon Link shall not entitle the Customer to
cancel the remainder of the Order.
7.2 Delivery of the Goods shall be made to the Customer’s address and the Customer shall make all arrangements necessary to take
delivery of the Goods whenever they are tendered for delivery.
7.3 The Customer shall inspect the Goods immediately upon delivery and shall notify Beacon Link within 7 days of delivery if the Goods are damaged or do not comply with the Order. If the Customer fails to do this, the Customer is deemed to have accepted the Goods.
7.4 In the event of faulty or damaged Goods being reported by the Customer, Beacon Link reserves the right to agree all arrangements and costs incurred with the return of such Goods to either Beacon Link or an agent.
7.5 Any query regarding non delivery must be made within 14 days of the invoice date. Claims outside of this limit will not be entertained. Beacon Link shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the Customer proves that (i) it was not possible to comply with the requirements and (ii) advice was given and the claim made as soon as reasonably possible.
Payment
8.1 All invoices are payable 30 days from the date of invoice.
8.2 Any query regarding the invoice or the Goods supplied must be made in writing within 3 days of invoice date or delivery date, whichever is the latest.
8.3 Beacon Link remains the owner of the Goods affected by the Order until payment has been received in full for such Goods.
8.4 Failure by the Customer to pay for any instalment or delivery when due shall entitle Beacon Link to withhold further deliveries and the Customer shall be liable for any costs incurred by Beacon Link relating to such Goods which Beacon Link is then entitled to withhold.
Overdue Invoices
9.1 Interest on overdue invoice shall accrue from the date when payment becomes due from day to day until the date of payment at 2% per calendar month both before and after any judgement.
Risk
10.1 The Goods shall be at the Customer’s risk from the time of delivery or being appropriated to the Customer but kept at Beacon Link premises at the Customer’s request.
Force Majeure
11.1 Beacon Link shall be relieved from liability under these Terms and Conditions if and to the extent that it shall be unable to carry out all or any of its obligations hereunder owing to Act of God, wars, strikes, lockouts, fire, flood, failure of power supply, government controls or restrictions, non-availability of any goods or any other cause beyond its control.
General
12.1 These Terms and Conditions constitute the entire contract between Beacon Link and the Customer.
Issue 3 - Apr 2003
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