Definition
The company shall mean Incom Business Systems Limited.

Ordering procedure
Incom Business Systems Ltd will accept orders from account holders only in writing by fax or post. Orders placed using Visa or Access will be accepted by telephone. Special delivery procedures must be outlined clearly to include quantity, colour and product required together with the date and place of delivery. Incom Business Systems Ltd do not have any minimum order level.

Price
The prices in our catalogue are correct at the time of publication; however, these prices are subject to change without notice. Should prices alter then we will invoice at the current price ruling at the time of delivery. All prices listed are subject to VAT at the rate prevailing. Where prices have been given inclusive of installation these are generally valid for acceptance up to 30 days. Please check the terms of our quotation.

Supply of Goods
You are referred to our Terms and Conditions of Sale as herein stated. All orders taken by us are subject to these Terms and you should not place any order or any further orders unless and until you have read and understood our Terms and Conditions, which will bind you in any business undertaken with us. You are deemed to accept our Terms and Conditions on taking the delivery of goods ordered. In the event that you do not accept or wish to accept our Terms and Conditions, then all goods must be returned to us unopened, as received and unused, with full original packaging and instructions, carriage paid, fully insured, within three working days from receipt of the goods, without prejudice, however, to our rights against you for any resultant breach of contract. Any goods not returned within that period, for whatever reason, we are deemed accepted by you in accordance with our Terms and Conditions by which you will be fully bound.

Variation to Terms and Conditions
All goods supplied by us to you are supplied with the express understanding that they are supplied in accordance with our Terms and Conditions of Sale as set out herein. No variation or attempted variation of these Terms and Conditions made by the customer in any purchase order given by you to us, or otherwise shall be accepted by the Company unless such variations are accepted by the company in writing and signed by a director of the company. Should you need to make any variation to our Terms and Conditions to accommodate individual ordering, accounting or company procedures, Incom Business Systems Ltd are happy to discuss such variations, and, where possible come to an agreement to accommodate them. Requests for such variations should be made in writing to the Director of the company, and orders will be deemed to conforming to our standard Terms and Conditions until such time any such variation has been mended/accepted in writing and signed by a Director of the Company.

Product Guarantee
(Excluding equipment requiring maintenance contracts)
Incom Business Systems Ltd does not offer product guarantee but each individual manufacturer offers warranties relating to their own product. Customers are strongly advised to consider the terms of the product warranties and their implications before ordering goods.

Product Guarantee
(Equipment requiring a maintenance contract)
Where legislation or mutual agreement requires that Incom Business Systems Ltd provides contract Maintenance on an installed system, repairs to that equipment shall be in accordance with the Company’s separate Maintenance agreement conditions.

Carriage and Charges
Carriage is charged at the rate of £6.95 plus VAT per consignment up to 25 kilos (£5.95 plus VAT in the case of 3-day delivery) plus £6.95 for each further 25 kilos or part thereof (£5.95 plus VAT in the case of three day delivery). For Northern Ireland and the Channel Islands there is no additional charge. We reserve the right to alter carriage charges at any time.

Returns

All returns are subject to our authorised returns procedure, a copy of which is available on request.

Goods Ordered in Error

Incom Business Systems Ltd will invoice a handling charge of £10.00 plus VAT per item or 10% of the total order cost (or 25% in the case of headset products) whichever is the greater, for the return of the goods originally ordered in error. Such errors must be notified to the authorised Returns department within 7 days of the receipt of the goods to obtain an authorised returns number. Systems which have been installed and accepted onto your premises are not returnable.

Cancellation of Orders

Any cancellation of goods ordered must be notified to us in writing, before the goods are despatched. Failure to notify us will result in a handling charge being incurred.

Payment and Credit Terms

Unless otherwise agreed in writing, a 30% deposit will be due upon receipt of order. Balance payable on completion/delivery. Under no circumstances will the goods be despatched to any company with an overdue account unless otherwise agreed in writing. Interest will be charged on all overdue balances at the rate of 2.5% per month, compounded monthly, until the payment is received in full. All costs, charges and expenses incurred by the company in recovering any debt shall be paid by you (the customer) on a full indemnity basis. Should payment not be made in 14 days, Incom Business Systems Ltd will be entitled to charge (in addition to interest and legal costs ordered by the court, and without prejudice to any other rights or remedies available to Incom Business Systems Ltd) the sum of £85.00 plus VAT, or 10% of the total debt, whichever is greater, by way of liquidated damages and a contribution to the administration costs, together with such other sums as maybe reasonably incurred by the company in taking steps to secure payment.

Copy Invoices and Statements

All invoices in respect of goods and/or services supplied by the Company to you the customer and are despatched from the Company to either the delivery address of the goods, or the address of which such services have been given, or to such other address given to us in writing. Should you not receive an invoice for goods or service within 7 days of receipt of such goods or services, you should notify us within 3 days and a copy invoice will be supplied to you without charge. Should you receive a statement shoeing details of an invoice which has not been received, or should you be verbally notified by us of an outstanding invoice of which you have no record you should notify us within 3 days requesting copy invoice. Failure to notify us will be taken as confirmation on your part that the invoice has been received. We reserve the right to charge £5.00 plus Vat per copy invoice. Nothing in this paragraph shall prevent the Company from charging interest or administration charges on overdue payments.

Title to Goods

Incom Business Systems Ltd remain the owner of all goods supplied to the customer until such time payment has been received in full from the purchaser. The property will remain the property of Incom Business Systems Ltd and the buyer shall store them so that they are readily identifiable as Incom Business Systems Ltd’s goods, until such time as payment has been received in full. If the goods have been resold, Incom Business Systems Ltd’s beneficial entitlement shall be attached to the proceeds of the resale and will be able to claim the full purchase price of the proceeds received. Incom Business Systems Ltd may for the purpose of recovering it’s goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same. It is the sole responsibility of the purchaser to ensure that all goods received from the Company are fully insured against any eventuality, including, but not limited to, fire, theft, flooding, etc. until such time ownership of the said goods has passed to the purchaser. Should goods become damaged in any way after the purchaser has received them, the purchaser will be liable to pay the Company the full purchase price for the goods.

Force Majeure

Incom Business Systems Ltd shall not be liable to the customer for any failure to perform its obligations due to any circumstances beyond its control (including without limitation, strikes, lockouts, industrial disputes, failure of power supplies, delays caused by the British Telecommunications PLC or any other person, firm or company, delays caused by any manufacture of the goods, riots, civil disturbances, war or warlike activity, embargo, fire, explosion, flood or natural causes). And in such event Incom Business Systems Ltd may elect by written notice to cancel any agreement with the customer or elect that the time for performance shall be extended until such a time as Incom Business Systems Ltd can reasonably effect performance.

Law and Jurisdiction

The order shall be construed and have effect in all respects in accordance with English law and any disputes arising there from or in connection with these Terms and Conditions and any written special conditions of purchase applicable hereto shall be submitted to the exclusive jurisdiction of the English Courts sitting at Manchester to which jurisdiction the parties exclusively submit. In the event that by reason of court rules any action brought by the Company against you, the customer, it is transferred to a court other than the Manchester courts you, the customer, irrevocably consent to the transfer of such action back to the courts of Manchester.

Limit of Liability

Except in respect of death caused by the Company’s negligence the Company shall not be liable to the Buyer by any reason of any representation or implied warranty condition or other term for any duty at common law or under the express terms of the Contract for any consequential loss or damage (whether for loss of profit or otherwise) costs, expenses or other claims or consequential compensation whatsoever whether caused by the negligence of the Company, its employees, representatives, agents or otherwise which arise out of or in connection with the supply of Goods or the use or resale of such Goods by the Buyer. In any case the Company’s liability shall not exceed the original purchase price of the Goods.

Disclaimer

Whilst every effort is made to ensure all specifications and prices shown in this Buyers Guide are as accurate as possible at the time of going to press, neither the Company or the publishers can be held responsible for any errors or omissions which may occur.

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