24 hours a day
7 days a week
- These Conditions
- In these terms and conditions the words ACL means ACL Comms Ltd, the words 'The Customer' shall mean the person, firm or Company purchasing or agreeing to purchase goods or services from ACL. The words 'goods' shall mean all equipment, spare parts or other goods, repairs or services to be provided to the Customer by ACL. These conditions shall mean the Terms and Conditions of sale set out herein.
- All agreements by which ACL agrees to supply goods and services to the Customer shall be subject to these Conditions notwithstanding any variation or attempted variation of these Conditions made by the Customer in its order form or otherwise and save as provided by clause 1 of these Conditions the making of an order by the Customer for the goods or services supplied by ACL shall for all purposes be deemed to be acceptable by the Customer of these Conditions to the exclusion of any other Terms and Conditions. Any brochure or paperwork in which these Terms and conditions are incorporated shall constitute an invitation to treat by ACL and any order placed by the Customer shall constitute an offer for goods incorporating these Conditions made by the Customer which ACL in its discretion accepts in writing or by telephone, fax or email. No cancellation of any order by the customer shall be valid unless made in writing and is accepted in writing by ACL.
- No variation of these Conditions is permitted unless expressly accepted in writing by a Director of ACL.
- The Goods
- All descriptions, drawings and particulars relating to the goods in any catalogue, leaflets, brochures or other documents are for illustrative purposes only and do not form part of the agreement between ACL and the Customer.
- All presentation as to the performance of the goods are based on information supplied by the Manufacturer of the goods and relate to their performance in normal conditions and when used correctly.
- ACL reserves the right to change prices at any notice.
- Deliveries and Risk
- Unless otherwise expressly agreed, the prices shown in the current price list of ACL is exclusive of VAT and the cost of delivery, which will be charged at ACL normal rates.
- The time for delivery or installation of the goods is not of the essence. The agreed dates for delivery or installation are estimates only and failure by ACL to comply with them shall not be breach of these Conditions. ACL recommend that no employees, contractors by committed to site until confirmation is received that goods have been delivered.
- The goods shall be at the Customer risk at the time of delivery, or if the customer has arranged to collect the goods. The Customer is required to inspect the goods on receipt and notify ACL of any defects or complaints within 2 working days of despatch. To validate damage in transit claim please retain the consignment in the condition it was delivered, with the packaging intact.
- Properties in the Goods
- All equipment shall remain the sole and absolute property of ACL and title to and legal ownership of the goods shall not pass to the Customer until payment is received by ACL of all monies due from the Customer to ACL in respect of all goods supplied by ACL to the Customer. The Customer acknowledges that until such payment is made in full it is in possession of the goods solely as a fiduciary of ACL.
- Until title to the goods passes to the Customer the goods shall be kept distinct from all other property of the Customer and of third parties and in good condition and stored in such a way as to be clearly identifiable as belonging to ACL.
- The Customer will not cause or permit or suffer any labels, badges, serial numbers or other means of identification of the goods to be removed or obscured.
- ACL may for the purpose of recovering its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.
- Reconditioned equipment carries a 3 months warranty from the date of receipt. Reconditioned goods, which have been sold at less than the published trade price (i.e. discounted goods) only carry a one month warranty. This will be negotiated with the customer at the point of sale and recorded on the invoice and dispatch paperwork. All new products are covered by manufacturer's warranty.
- Advance replacements are provided solely by ACL discretion.
- Goods returned under warranty will be repaired, replaced or credited in that order. Credits will be at the original invoice value.
- If we have goods that you the customer require and we are unable to test, we give 10% off the advertised price and still give the 3 months warranty, should the item be faulty a repair, replacement or credit including the delivery charge in that order, credits will be at the original invoice value.
- ACL accepts no responsibility for loss of time or business due to faulty equipment. When purchased as in paragraph 5 sections 4.
- Warranty Exceptions
- Returns will only be accepted from the Customer who originally purchased the equipment from ACL.
- Reconditioned equipment will only be accepted if it carries an ACL Anti-Tamper Label. ACL will not guarantee any equipment which has been tampered with. Any removal or damage to ACL Anti-Tamper labels will result in the guarantee on the equipment becoming void.
- All warranties cover fair wear and tear only. Damage caused by Electrical Surges, lightening damage, liquid damage, breakage and misuse will not be accepted.
- Faulty software cannot be refunded but will be exchanged.
- It is the customer's responsibility when purchasing large systems to ensure that software is re-licensed with the manufacturer where applicable and where possible the equipment should be tested by the customer before going to site.
- Liability of ACL
- ACL stall not be liable for any financial consequential or indirect loss suffered by the Customer or any third party whether such a loss arises from breach of duty in contract or tort or in any other way including without limitation to the generality of this exclusion, loss of profits, economic loss, loss of goodwill, loss of contracts, loss of data, damage to the property of the Customer or anyone else and personal injury to the Customer or anyone else.
- To be valid any claim against ACL whether in contract or in tort must be brought with 2 years of the date of the invoice and any such claim shall be limited to an amount by way of liquidated damages equal to the invoice value of the goods in respect of which the claim is made.
- Force Majeure
- ACL shall not be liable to the Customer for any failure to perform its obligation due to any circumstances beyond its control (including without limitation strikes, lock-outs, industrial disputes, delays caused by manufacture of goods, riots, civil disturbances, war or war like activity, embargoes, fire, explosion, flood or other natural causes) and in such an event ACL may elect by written notice to cancel any agreement with the Customer or elect that the timer of performance shall be extended until such a time as ACL can reasonably effect performance.
- Law and Jurisdiction
- These Conditions shall be governed by and construed in accordance with English Law.