The warranty period is 12 months from the date of delivery to the customer. The Company undertakes to replace or repair free of charge any components supplied against the Customer’s order which in the opinion of the Company became defective due to faulty material or bad workmanship within the warranty period. The Company’s warranty does not apply to the remedying of defects caused by ordinary wear and tear, accidents, misuse or neglect, adjustments or modifications by other than employees of the Company or their accredited agents. Nor does the warranty imply any liability for damage arising directly or indirectly from any defect in the goods or delay to remedying any defects. Specifically the Warranty does not apply to the remedying of defects caused by over-voltage caused by suchlike means.
2. Trade Terms
(a) Subject to any special terms agreed in writing between the Customer and the Company – The Company shall be entitled to invoice the Customer for the price on or at any time after delivery of the Goods or the Customer wrongfully fails to take delivery of the Goods, in which event the Company shall be entitled to invoice the Customer for the Price at any time after the Customer has been notified by the Company that the Goods are ready for collection or (as the case may be) the Company has tendered delivery of the Goods.
(b) The Customer shall pay the price within the separately agreed period of the date of the Company’s invoice unless otherwise notified by the Company to the Customer in writing and the Company shall be entitled to recover the Price even though that delivery may not have taken place and the property of the Goods has not been passed to the Customer. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
(c) If the Customer fails to make any payment on the due date then, without prejudice to any other statutory right or remedy available to the Company, The Company shall be entitled to:
i/ cancel the Contract or suspend any further deliveries to the Customer;
ii/ appropriate any payment made by the Customer to such of the Goods (or goods and/or services supplied under any other contract between the Customer and the Company) as the Company may think fit (notwithstanding any purported appropriation by the Customer);
iii/ charge the Customer interest (both before and after any judgment) on the amount unpaid, at the rate of 8 per cent per annum above National Westminster Bank Plc base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest) before and after judgment.
(d) The Company reserves the right at any time at its discretion to demand security for payment before continuing with or delivering any order.
(e) All goods remain property of Home of Technologies Limited until full payment has been received.
(f) Technical drawings and project supporting documents will not be released until the full payment has been made.
(g) All issued quotations are valid for 30 days unless otherwise specified in writing.
3. Import Duty
When The Customer orders Goods from The Company for delivery within the EU, The Company charges VAT for ordered Goods at the VAT rates applicable in the UK. If The Customer is EU based business outside the UK and wishes to purchase excluding VAT The Company will need a valid VAT number to be supplied prior to purchase. PLEASE ALSO NOTE THAT YOU MUST COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE COUNTRY FOR WHICH THE PRODUCTS ARE DESTINED. WE WILL NOT BE LIABLE FOR ANY BREACH BY YOU OF ANY SUCH LAWS.
Payment for Goods by credit card or debit card (VISA, MasterCard, Switch or Solo) can be accepted over the internet by completing the form on our Secure Server (which you will find once you proceed to the checkout). Alternatively you may submit your credit card details by phone. There are instructions about how to do this at the end of the on-line checkout process. Where payment is made by credit or debit card the total amount payable is charged to the cardholders account prior to acceptance of the order. Once the payment has been cleared by KNXShopOnline.co.uk the goods will either be shipped if a stocked item or orders placed to the relevant suppliers. It may not be known at the time of order what the lead-time for all the parts will be. In the event that a significant delay occurs the Customer will be informed by the Company.
We can also accept payment from UK customers by bank transfer (e.g. BACS) in pounds sterling (GBP), US Dollars (USD) and Euro (EUR). In these cases, please print the “confirm order” page in the checkout process and enclose a copy of this with your payment. When making payment please enter the KNXShopOnline.co.uk order No. in the reference field and make sure all fees for the bank transfer are included in the transaction. Please also make sure you pay into the correct account, GBP, USD or Euro.
We can also accept orders on credit for approved accounts. Please complete Credit Application Form in order to request a credit account. If you require a copy please request it by emailing email@example.com The Company reserves the right to amend or remove credit facilities at any time.
5. Customer’s Default and Cancellations and Re-scheduling of Deliveries
(a) If the Customer shall make default in or commit any breach of any of its obligations to the Company or if the Customer being an individual (or when the Customer is a firm, any partner in that firm) shall at any time become bankrupt or shall have a receiving order or administration order made against him or shall make any composition or arrangement with or for the benefit of his creditors or shall purport to do so if in Scotland he shall be made insolvent or bankrupt or any application shall be made under any Bankruptcy Act for the time being in force for sequestration of his estate or a Trust Deed shall be granted by him on behalf of his creditors or the Customer being an incorporated body any resolution or petition to wind up its business shall be passed or presented otherwise than for reconstruction or amalgamation or if a liquidator or receiver or manager of such corporate body or its undertaking property or assets or any part thereof shall be appointed or if the customer shall be insolvent or shall be unable or shall admit its inability to meet its commitments promptly as and when due the Company shall have the right (without prejudice to any further or other claims or right which the Company might have) forthwith to cancel any uncomplicated order or to cancel or suspend delivery and in spite of any other provisions of the Company’s standard conditions of sale. Payments for any delivery already made shall immediately become due.
(b) Requests by a customer for cancellation of any order or for re-scheduling of deliveries will only be considered by the Company if made in writing. If cancelled or re-scheduled at the request of a customer as aforesaid then the customer shall indemnify the Company against all loss, costs (including the cost of labor and materials used and overheads incurred), damages, charges and expenses arising out of the order and the cancellation or re-scheduling thereof.
6. Force Majeure
The Company shall not be liable for the cancellation by it of any order or any unfulfilled part thereof or for effecting partial delivery or performance if performance by the Company is prevented or delayed whether directly or indirectly by any cause whatsoever beyond the reasonable control of the Company whether such cause existed or was foreseeable at the date of acceptance of the customer’s order by the Company or not and without prejudice to the generality of the foregoing any cause shall be deemed to prevent, hinder or delay the Company if the Company is thereby prevented, hindered or delayed from fulfilling other similar commitments whether to the customer or to third parties.
If and to the extent that any provision or any part of a provision of the Company’s standard conditions of sale is illegal, void or unenforceable for any reason then such provision or part thereof (as the case may be) shall be deemed to be severable from the remaining provisions or parts of the relevant provision (as the case may be) all of which remaining provisions shall remain in full force and effect.
The waiver by the Company of any breach of any term hereunder shall not prevent the subsequent enforcement of that term, and shall not be deemed a waiver of any subsequent breach.
(a) All software, including related documentation, is supplied under license of the applicable proprietary owner or the Company. TITLE OR OWNERSHIP TO SOFTWARE DOES NOT TRANSFER TO THE CUSTOMER UNDER ANY CIRCUMSTANCES.
(b) It is the sole responsibility of the customer to comply with any terms and conditions of license attached to the software supplied and delivered by KNXShopOnline.co.uk and the Customer is hereby notified that failure to comply with such terms and conditions could result in the customer being refused a software license or having the same revoked by the proprietary owner.
(c) All software delivered hereunder is supplied “as is” and the sole obligation of the Company in connection with the supply of software is to obtain and supply a corrected version from the manufacturer concerned in the event such software fails to conform to its product description or proves in any other way to be defective PROVIDED ALWAYS that the customer notifies the Company of any defect or non-conformance to product description within 30 days of the date of delivery of the applicable software.
(a) In no event shall the Company be liable for indirect or consequential damages including but not limited to damages caused by loss of data and except as stated in (a) above the Company disclaims all liability to the customer for any losses incurred by the customer as a result of any negligence or other tortuous act by the Company, its employees or agents.
(b) In no event shall the Company be liable for liquidated damages including but not limited to damages caused by late delivery or installation of the Goods.
The Customer agrees not to assign or transfer the Agreement or any of its rights herein without the prior written consent of the Company.
Any documentation supplied by the KNXShopOnline.co.uk shall be considered by the Customer as confidential and shall not be made available to third parties without express authorization by a Director of the Company. The Company shall recover from the Customer any consequential losses associated with any unauthorized disclosure.
13. Governing Law
These conditions and the contract or order between the Company and the Customer shall be governed by and be construed in accordance with the Laws of England and submit to the exclusive jurisdiction of the English courts.
If you have any questions or comments about our terms & conditions, you should Contact us.