TERMS & CONDITIONS for www.Phones4Education.co.uk
GENERAL
The Agreement constitutes the entire agreement between the customer and Phones 4 Education Ltd and supersedes all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this Agreement. No alterations, waiver or modification of the printed terms of this agreement shall be valid unless signed by a director or Phones 4 Education Ltd and by a person authorised by the customer. Variance from the terms of this Agreement in any order or other written notification from the customer will be no effect.
PRICES
Catalogues, price lists and other advertising material are only indications of the type of goods offered and shall be subject to variations from time to time by Phones 4 Education Ltd and no prices or other particulars contained therein shall be binding on Phones 4 Education Ltd. The prices stated will not apply to quantities less than those quoted herein. Changes in specification and/or suspension of work by the buyer or lack of instructions necessary to perform the contract may result in price adjustments and/or delays in delivery.
SPECIFICATION
Phones 4 Education Ltd reserves the right on the sale of any equipment to make before delivery any alteration to or departure from the specification or design of the equipment detailed overleaf provided that it shall not to a material extent adversely affect the performance of the equipment or the quality of the workmanship or the materials used. All specifications, drawings and technical documents issued by Phones 4 Education Ltd either before or after conclusion of the contract are issued solely for the buyer’s use in connection with the equipment and shall not be copied, reproduced or communicated to any third party without express consent in writing from Phones 4 Education Ltd.
TERMS OF PAYMENT
Equipment notified by Phones 4 Education Ltd as ready for despatch or that has been despatched will be invoiced and payment in full shall be due according to terms stated. If not stated all recurring invoices require paying in full within 7 working days, all one-off invoices require payment in full on completion of work before engineer leaves site.
SECURITY INTERESTS
The equipment shall remain the property of Phones 4 Education Ltd until paid for in full by the buyer. Should payment of the amount owing under the contract not be made when due, Phones 4 Education Ltd may remove and repossess the equipment (and for that purpose Phones 4 Education Ltd shall be entitled to enter upon any premises occupied by the buyer) in addition to exercising such other rights or remedies as may be conferred on it by law.
INSPECTION AND ACCEPTANCE
Phones 4 Education Ltd products are carefully inspected and tested before despatch. Minor variations from original specifications, which do not materially affect the operation and use of the equipment shall not be sufficient grounds for withholding payment or any part thereof. Furthermore, any payment figures quoted by Phones 4 Education Ltd are given in good faith and Phones 4 Education Ltd will accept no liability for failure to attain such performance figures.
MAINTENANCE
a. Annual maintenance shall be charged at a base rate of £20.00 per extension & £20.00 for the CPU per annum. A minimum charge per site of £100.00 per annum applies in all cases. Additional charges may apply.
b. In addition to the right of termination mentioned overleaf, Phones 4 Education Ltd may terminate the Agreement by giving 28 days notice if the Customer has not paid the amount in the schedule by the due date. Either party may terminate the Agreement by giving 90 days written notice expiring on any subsequent anniversary of the Date of Commencement if the other party has failed to perform any of its obligations under the Agreement and such failure continues for a period of 90 days after written notice thereof.
c. Phones 4 Education Ltd may alter the cost of service for any year following the initial year on giving to the customer three months written notice.
d. Phones 4 Education Ltd undertakes during this Agreement to service the equipment in accordance with the Terms and Conditions of this Agreement except when repair is necessitated by:-
(a) a fault due to the Customer’s error
(b) the equipment being subjected to abnormal physical or electrical stress
(c) the equipment being damaged due to accident, neglect, misuse by the Customer, acts of God, lightning or fluctuation of electrical power or causes other than ordinary use
(d) the Equipment being tampered with by the Customer or any other party the above faults or damage which are outside Phones 4 Education Ltd’s service liability under the Agreement will be repaired by Phones 4 Education Ltd at a price applicable at the time. The equipment may be replaced at the option of Phones 4 Education Ltd for any length of time at Phones 4 Education Ltd’s discretion with similar which will also be subject to the Terms and Conditions of this Agreement.
(e) The Customer will give or procure to be given to Phones 4 Education Ltd or their servants or agents at all reasonable times access to the Premises on which the equipment is situated for the purpose of inspection, repair, adjustment or replacement.
(f) Phones 4 Education Ltd shall not be responsible to the Customer for any loss whatsoever arising out of any reason beyond the control of Phones 4 Education Ltd which shall include without prejudice to the generality of the foregoing any act of God, fire, flood, accident, strike, lockout or stoppage of Phones 4 Education Ltd’s business.
(g) Phones 4 Education Ltd may assign this Agreement to any other person without serving any prior notice to the Customer. The Customer cannot assign any rights arising out of this Agreement.
(h). The Customer must not allow any person apart from Phones 4 Education Ltd, its employees or agents to service or in any way interfere with the equipment during the term of this Agreement. Any maintenance by Phones 4 Education Ltd necessitated by such service or interference shall be charged to the Customer at the price applicable at the time.
(i). Phones 4 Education Ltd shall not be required to perform servicing outside Mainland U.K., or on cabling which is concealed, overhead, external or underground unless the equipment installed includes offshore and/or specific cable coverage.
(j). In the event of the fault being reported to Phones 4 Education Ltd which is found to be a fault external to the equipment then Phones 4 Education Ltd reserves the right to make a reasonable additional call-out charge.
(k). This Agreement shall form the whole of the terms of the Agreement between Phones 4 Education Ltd and the customer and no variation thereof shall be of any consequence whether prior to or subsequent to the date of the Agreement unless expressed in writing and signed by or on behalf of Phones 4 Education Ltd and the Customer.
(l). This Agreement and any conflict arising there from shall be governed by and judged by the law of England. All notices required to be given in writing shall be sent by recorded delivery to the last known address of the Customer or Phones 4 Education Ltd’s address as given overleaf.
(n). Phones 4 Education Ltd will be responsible for personal injury caused through Phones 4 Education Ltd’s negligence but apart from this shall be under no liability for any injury, damage or loss to any person or property whomsoever whether direct or consequential arising out of the equipment howsoever such injury, damage or loss caused. The Customer hereby agrees to indemnify Phones 4 Education Ltd in respect of any liability for damage and/or costs incurred by any person whatsoever arising out of the use of the equipment.
(o). Phones 4 Education Ltd shall not undertake to replace consumable items which include SLT’s, batteries, ribbons, type elements, print heads, recorded data and media, under this Agreement. It is the customer’s responsibility to ensure adequate back-ups are taken at all times. Phones 4 Education Ltd cannot be held responsible for the loss of data as result of hardware failure or any corrective action arising there from howsoever caused.
(p). To it’s reasonable endeavours Phones 4 Education Ltd will provide the service indicated overleaf. If for any reason Phones 4 Education Ltd has to remove equipment from the Customer’s premises and loan equipment is required Phones 4 Education Ltd will provide a replacement. Such equipment will be of working compatibility and be provided subject to availability.
(q). In the event of a case involving damage to property caused by the proven negligence of Phones 4 Education Ltd or it’s employees in connection with the Service, the liability will be limited to £1m in respect of the events arising from a common cause. All other express or implied terms, conditions or warranties and any liability in tort are excluded.
(r). Liability for loss of contract, profit, business, production, use of the system, nor any other direct, indirect or consequential loss whatsoever attributable to delay or failure to provide the Service is excluded.
INSTALLATION
The buyer shall, prior to delivery, furnish adequate electrical current and fittings at a suitable site with such facilities as may be required in accordance with Phones 4 Education Ltd installation instructions. If any special equipment or alterations to the building are required, the cost will be paid for by the customer. A charge will be made for any re-siting of the equipment subsequent to installation. The equipment will be installed by Phones 4 Education Ltd under the supervision of Phones 4 Education Ltd authorised representative but the buyer is responsible for and shall furnish the necessary additional labour required by Phones 4 Education Ltd for placing any and all equipment where free access to the installation site is not available or where installation outside Phones 4 Education Ltd normal working hours is required.
CANCELLATION OR REJECTION
An order, once accepted in writing by Phones 4 Education Ltd is binding on the Buyer and may not be cancelled unless specifically agreed to in writing by Phones 4 Education Ltd and a charge of 50% of the purchase price or of the sum 50% of all payments agreed to be made under any finance agreement proposed to be activated to finance the order may be charged as a cancellation fee reserves the right to charge for any work done on any equipment and/or service provided up to agreed cancellation date. If the performance figures obtained in any test specifically provided for in the contract are outside the limits specified therein, the buyer will be entitled to reject the equipment Phones 4 Education Ltd will be given reasonable time and opportunity to rectify its performance.
GUARANTEE
a. Phones 4 Education Ltd warrants that for a period of twelve months from the date of installation of the equipment and all component parts will be free from all defects in material and workmanship.
b. If the buyer shall wish to make a claim on Phones 4 Education Ltd under the provisions of (a.) above it will immediately notify Phones 4 Education Ltd of the parts which it claims to be defective and if upon inspection thereof Phones 4 Education Ltd agrees that the part(s) is/are defective and that the terms of sub clause (a.) above apply Phones 4 Education Ltd gives obligation hereunder will be limited to providing a replacement part for the one which is defective.
c. The warranty given by Phones 4 Education Ltd in (a.) above shall not apply if the repair or replacement of a parts is required because of the accident, neglect or misuse of the equipment by the buyer or interference with the equipment by persons other than Phones 4 Education Ltd engineers or except as specifically provided for herein Phones 4 Education Ltd gives no warranties or representations express or implied statutory or otherwise.
LAW AND ARBITRATION
ANY CONTRACT MADE BETWEEN THE BUYER AND Phones 4 Education Ltd SHALL BE GOVERNED BY THE LAWS OF ENGLAND.
EZPBX Rental Terms & Conditions
TERMS OF PAYMENT
PRICES
RENTAL
MAINTENANCE
INSTALLATION
CANCELLATION OF SERVICES
SPECIAL NOTICES:
E-mail: info@phones4education.co.uk