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All orders are accepted by Ideas In2 Action on these conditions of sale which supersede any other terms previously published, unless otherwise specifically agreed in writing on Ideas In2 Action headed documentation by a Director of Ideas In2 Action, these conditions of sale, design and development and service provision, override and exclude any other terms stipulated or incorporated or referred to by the Customer, whether in the purchase order or during any negotiations or any course of dealing established between Ideas In2 Action and the Customer, and constitute the entire understanding between Ideas In2 Action and the Customer for the sale of products or services.
Offers and Acceptance
No obligation shall arise as a result of a quotation or any other offer, until Ideas In2 Action accepts the order from a Customer seeking to make a purchase.
After initial discussion with Ideas In2 Action, where possible orders should be made using a Customer’s reference number and/or your trade account number. We regret that we cannot confirm telephone orders until an official order has been received as hard copy.
Ideas In2 Action reserve the right to deliver part orders or hold orders, until all items are available as required, the only exception being when we have been requested to build a product to special order. If products are delivered to the customer by post, and this is delivered as part orders, only one mail handling charge will be levied in respect of the total order.
No order may be cancelled without the previous written consent of Ideas In2 Action on its headed documentation. In the event of part cancellation Ideas In2 Action reserves the right to charge the Customer for any difference in selling price applicable to the quantity despatched up to the time of cancellation.
Prices and VAT
Ideas In2 Action will make a quotation to customers prior to commencing work on any project. In general we will endeavour to conform to that price but reserve the right to alter prices at any time without prior notice (this would only take place in a situation such as a supplier increasing prices for components that were supplied to Ideas In2 Action). All prices that are quoted to customers are in £ Sterling. Currently VAT is not added to orders.
Inspection, Transit Delays and Non-Delivery
Ideas In2 Action will use reasonable endeavours to meet delivery estimates but cannot accept any liability whatsoever for failure to do so however arising. Failure to meet a delivery date where deliveries are by instalment shall not prejudice Ideas In2 Action’s right to make further deliveries by instalment under that contract. The Customer must inspect the products as soon as reasonably practicable after direct delivery and shall within 5 working days of such delivery, give notice to Ideas In2 Action in detail of any defect in the products or of any other complaint which the Customer may wish to make about Ideas In2 Action’s service.
No claim in respect of non-delivery of products will be considered unless written notification is given to Ideas In2 Action within 5 days from the date the products are invoiced.
*General Descriptive Matter
Whilst every endeavour is made to ensure accuracy, all specifications, illustrations or other details contained in design drawings, schematics, program listings, sketches or circuit diagrams otherwise communicated to the Customer are intended merely to present a general idea of the product and nothing contained in any of them shall form part of the contract between Ideas In2 Action and the Customer.
If the description of any products not of Ideas In2 Action’s manufacture contained in any correspondence, varies from that of the manufacturer’s description, the manufacturer’s description will be deemed to be the correct description and shall take precedence over Ideas In2 Action’s description. The manufacturer’s description is available from Ideas In2 Action on request.
Unless any product performance figures, tolerances or characteristics have been specifically and expressly warranted by Ideas In2 Action in writing on Ideas In2 Action headed documentation, Ideas In2 Action shall be under no liability whatsoever for any failure to attain such figures whether attributable to Ideas In2 Action’s negligence or otherwise. The responsibility for ensuring that products are sufficient and suitable for the Customer’s requirements is the Customer’s sole responsibility save insofar as Ideas In2 Action have specifically advised the Customer in writing on Ideas In2 Action headed documentation that the products are sufficient and suitable for the Customer’s purposes having been fully and accurately advised by the Customer of his requirements.
Ideas In2 Action warrants that it will, at its option, replace products supplied by Ideas In2 Action in which under proper use defects appear, or repair the same, or refund or credit the purchase price thereof, subject to the claim being made in writing to Ideas In2 Action within 12 months after despatch or collection, or such other period as may be indicated by Ideas In2 Action for specific products from time to time, providing that products or parts to which the claim relates are returned to Ideas In2 Action within that period suitably packaged and carriage paid with all associated parts, accessories and literature and, where relevant, in accordance with any particular instructions which Ideas In2 Action may have notified to the Customer at the date of sale.
Returned products together with all associated parts and literature must be accompanied by a proof of purchase such as a receipt or an invoice in respect of the products and details of the nature of any claimed defect together with such further information as Ideas In2 Action may at the time of sale have stipulated. Any replaced products shall become the property of Ideas In2 Action.
Subject as expressly provided in these terms and conditions, and except where the products are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
Ideas In2 Action will only accept the return of products after giving the customer authority in writing or by email to return the goods.
Intellectual Property and Information
*Limitation of Liability
Ideas In2 Action shall not be liable to the Customer or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of Ideas In2 Action’s obligations in relation to the products, if the delay or failure was due to any cause beyond Ideas In2 Action’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond Ideas In2 Action’s reasonable control:
Any sales transacted by Ideas In2 Action Education Ltd, is to be governed solely by English Law and the parties agree to submit to the exclusive jurisdiction of the English courts.
Nothing contained herein shall affect a Customer’s statutory rights if he/she ‘deals as a consumer’ as defined in Section 12 of the Unfair Contract Terms Act 1977. Particular reference is made to clauses marked *.
© Amethyst Consultancy Ltd. 2004-2015
For all products and systems designed by us on behalf of our clients the company's terms and conditions apply.