Terms & Conditions of Sale

1. DEFINITIONS

"Buyer" means the person who buys or agrees to buy the goods from the Seller.

"Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

"Delivery Date" means the date specified by the Seller when the goods are to be delivered.

"Goods" means the articles that the Buyer agrees to buy from the Seller.

"Price" means the price for the goods excluding carriage, packing, insurance and VAT.

"Seller" means Lecsoft Ltd trading as Etech Networks, Swan House Business Centre, Market Bosworth, Nuneaton, CV13 0LJ, England.

2. CONDITIONS APPLICABLE

2.1 These conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all their terms and conditions including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.

2.2 Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.

2.3 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

3. THE PRICE AND PAYMENT

3.1 The Price shall be the Seller's quoted price. The Price is exclusive of VAT, which shall be due at the rate ruling on the date of the Seller's invoice. The Seller reserves the right to amend prices at any time without prior notice.
Errors and omissions are excepted.

3.2 Payment of the Price and VAT shall be due and payable on the date of the invoice unless credit terms have been specifically agreed in advance. Credit terms may be available subject to status. Time for payment shall be of the essence.

3.3 The Price is payable free of any right of set off, lieu or counterclaim.

4. THE GOODS

4.1 The quantity and description of the Goods shall be as set out in the Seller's quotation. Errors and Omissions excepted.

4.2 The Buyer will ensure that the Goods purchased are suitable and compatible with his requirements.

4.3 The Seller warrants that it has title to the Goods, but makes no other representation, statement or warranty whatsoever in respect of the Goods (including but not limited to the quality of the Goods and the fitness of the Goods for any purpose for which the Buyer intends to use them).

5. WARRANTIES & LIABILITIES

5.1 The warranty period between the Buyer and the Seller is strictly 7 days unless otherwise stated. Manufacturers warranties apply where applicable and supercede any warranty offered by the Seller. The Buyer is responsible for instructing itself on the terms of such guarantee or warranty and ensuring that any conditions are fully complied with. Under no circumstances can this warranty be extended and warranties given by the manufacturer, dealer or any other party is expressly excluded from this contract between the Buyer and Seller.

5.2 In the case of products that require replacement, these shall be to the same capacity or higher and not necessarily of the same specification or manufacturer.

5.3 The Buyer shall take necessary precautions to back-up the data, the Seller shall not be liable for any loss of data resulting from equipment failure.

5.4 The Buyer shall take necessary Anti-Static precautions when handling any electronic component. Any damage as a result of improper handling will void any warranty.

5.5 If a faulty item is to be repaired then the Seller may take a reasonable time to effect such a repair, which may include the time taken to return it to the original supplier. The Seller shall not be liable for any loss whilst the Goods are being repaired or tested.

6. RETURNS POLICY (PLEASE ALSO SEE RETURNS PROCEDURE AT END)

6.1 Should the products supplied by our company need to be returned, the Goods must be returned with our prior written agreement within 14 days of delivery. The Goods must be unopened, with the manufacturers’ seals intact and in perfect re-saleable condition. Please ensure that the Goods you have purchased are to your specification prior to breaking the manufacturers’ seals. This will avoid disappointment and the Goods being rejected, should you wish to return them.

6.2 The Buyer shall obtain a Returns Material Authorisation number (RMA) from the Seller before returning any goods. Goods received without a valid RMA number will not be dealt with but stored until the Seller is contacted by the Buyer with the required information.

6.3 The Buyer shall quote the sales invoice number and the serial number on which the goods were purchased, upon verification by the Seller, the Seller shall issue a RMA number which shall be valid for a period of seven (7) days.

6.4 The goods shall be returned to the Seller at the Buyer's expense, sufficiently packaged so as to avoid damage in transit, with the original documentation, software and accessories. A valid RMA number should be clearly displayed on the outside of the package. The Seller shall not be liable for loss or damage whilst in transit to the Seller's address.

6.5 An RMA number will be issued upon receipt of the sales invoice number. No Goods can be returned without proof of purchase. Upon receipt of the goods by the Seller, the Seller shall repair or replace at the Sellers discretion and shall be returned to the Buyer's original invoice address. Goods received by the Seller which are damaged, incomplete or not of the Seller's origin shall not be processed and arrangements for their return to the Buyer, at the Buyer's expense, shall be made.

6.6 In the event that the goods are returned and subsequently tested and found to be free of any faults the Seller may refuse to accept the return and the Buyer shall pay the return carriage charge. No goods shall be returned without payment of these charges. In the event that payment has not been made within 21 days of notification of the no fault found charge, the goods shall be disposed of without any liability to the Seller.

6.6.1 Goods which have been returned and authorised for refund will be refunded back to the original payment method within 14 days.

6.7 The Seller shall reserve the right to refuse to restock any goods which have been:­

• i) Supplied in accordance with the Buyers order.
• ii) Returned incomplete.
• iii) Returned not in manufacturers packaging or with defaced packaging.
• iv) Returned in a non-re-saleable condition.
• v) Special Orders.
• vi) Custom built / configured.
• vii) Goods have been opened, have broken vendor seals.

6.8 Buyers who return non faulty goods may be charged a restocking fee of ten percent of original sale value. The Seller shall reserve the right to refuse to restock any goods which have been opened, have broken vendor seals, are incomplete and/or not in their original packaging.

6.9 No Software on which seals have been broken can be returned for credit. If any Software discs are faulty, then you are advised to use the manufacturer’s warranty procedure. Please note Software Licences are non-returnable unless the Software is materially non-compliant with its specification or the physical media on which it is supplied is defective.

6.91. Products/Servers/Computers which have been configured / built / tested by client request are classed as special order items and once ordered are non cancellable / refundable.

6.92. Carepacks of all types including Warranty / Support / Smartnet / License upgrades are special order items which are non returnable and cannot be exchanged once ordered.

7. ACCEPTANCE OF GOODS

7.1 The Buyer shall be deemed to have accepted Goods 24 hours after delivery to the Buyer.

7.2 The Buyer shall advise in writing within 2 days of receipt of the Goods any discrepancies in specification from the Goods ordered, after which it shall be deemed acceptance of the goods as the specification supplied. After this period, the Buyer shall not be entitled to reject Goods that are not in accordance with the Contract.

7.3 The Seller will not consider any claims for shortage of delivery or damage in transit unless written notice is given to the carrier and Seller within 2 days of the receipt of goods. In this condition time shall be deemed to be of the essence.

8. TITLE & RISK

8.1 The Goods shall be at the Buyer's risk as from delivery.

8.2 In spite of delivery having been made, property in the Goods shall not pass from the Seller until:

i) the Buyer shall have paid the price plus VAT in full; and

ii) no other sums whatever shall be due from the Buyer to the Seller.

8.3 Until property in the Goods passes to the Buyer in accordance with Clause 8.2 the Buyer shall hold the Goods and each of them on fiduciary basis as bailee for the Seller. The Buyer shall store the Goods (at no cost to the Seller) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Seller's property.

8.4 Notwithstanding that the Goods (or any of them) remain the property of the Seller the Buyer may sell or use the Goods in the ordinary course of the Buyer's business at full market value for the account of the Seller. Any such sale or dealing shall be a sale or use of the Seller's property by the Buyer's own behalf and the Buyer shall deal as principal when making such sales or dealings. Until property in the Goods passes from the Seller, the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Seller's money.

8.5 The Seller shall be entitled to recover the price (plus VAT) notwithstanding that the property in any terms has not passed from the Seller. Until such time as property in the Goods passes from the Seller to the Buyer shall upon request deliver up to such of the Goods as have not ceased to be in existence or resold to the Seller. If the Buyer fails to do so the Seller may enter upon any premises owned occupied or controlled by the Buyer where the Goods are situated and repossess the Goods. On the making of such request the rights of the Buyer under Clause 8.4 shall cease.

8.6 The Buyer shall not pledge or in any way charge by way of security for and indebtedness any of the Goods which are the Property of the Seller. Without prejudice to the other rights of the Seller, if the Buyer does so all sums whatever owing by the Buyer to the Seller forthwith become due and payable.

8.7 The Buyer shall insure and keep insured the Goods to the full price against "all risks" to the reasonable satisfaction of the Seller until the date that property in the Goods passes from the Seller and shall whenever requested by the Seller produce a copy of the policy of insurance. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.

8.8 The Buyer shall promptly deliver the prescribed particulars of this contract to the Registrar in accordance with the Companies Act 1985 XII as amended. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.

9. FORCE MAJEURE

The Seller shall not be liable in any respect whatsoever for delay in the performance of, or the failure to perform, any obligation pursuant to any order or contract, in each case, as a result of circumstances beyond its control. If such circumstances delay or prevent the performance of any obligation under any order or contract for 30 days or more, the Seller shall be entitled by written notice to cancel or terminate such order or contract or its outstanding obligations thereunder.

10. REMEDIES OF THE BUYER

10.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods that confirm to the contract of sale.

10.2 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of these Goods.

10.3 The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.

11. PROPERTY LAW OF CONTRACT

This Contract is subject to the Law of England and Wales.

12. SHIPPING SURCHARGE

Overweight / Oversize items may incur an additional delivery charge. If this is the case we will contact you before we process your order.

12.1 We reserve the right to charge a shipping surcharge if the weight of the order exceeds 20Kg.

12.2 We reserve the right to charge a shipping surcharge if the length, height or width of an individual package exceeds 120cm.

This Contract is subject to the Law of England and Wales.

13. PROMOTIONS / REBATES

Under no circumstances shall the Seller or any of its affiliates be liable to you or any other person for any direct, special, exemplary, indirect, incidental, consequential or punitive damages, costs or legal fees arising out of or relating to any promotion or rebate. The Seller is not responsible, and will not accept liability, for any claims that are misdirected, late, lost, stolen, illegible, incomplete, damaged or destroyed. The Seller is not responsible or liable for any loss of data, technical, hardware, software, server, website, or other failures or damage of any kind to the extent that this prevents the participant from or otherwise obstructs him/her in participating in any Promotion or Rebate. The Seller makes no guarantee that the information on this website is up-to-date, accurate, or complete, and you should not rely on it for any decision or to take any action.

SUMMARY OF TERMS

ALL PRICES ARE NET OF VAT AND DELIVERY. PRICES (ERRORS AND OMISSIONS EXCEPTED) ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. DELIVERY IS CHARGED AT COST.

MAINLAND UK RETURNS PROCEDURE

The procedure detailed below applies to mainland UK only.

NOTE: Isle of Man and Isle of Wight are treated for returns purposes as mainland UK with the exception that it is the customers' responsibility to obtain confirmation from the manufacturers that manufacturers warranties apply in their respective location. Regardless of any statements to the contrary in any marketing material or on the face of our invoices or other documents, we DO NOT guarantee that manufacturers' warranties apply in these locations.

In the event that goods are found to be faulty:

• · The customer should contact us for an RMA form. A separate line should be used, and a separate RMA number will be issued, for each item.
• · Completed RMA forms should be emailed to [email protected]
• · Upon receipt of completed RMA form, an RMA number will be issued. RMA numbers will not be issued unless all details are entered and correct. RMA numbers will be valid for 7 days from date of issue.
• · Once an RMA number has been issued, the goods may be returned. It is the customer's responsibility to ship the goods. The Seller will not collect faulty goods.
• · RMA numbers must be clearly attached to each item returned. Goods returned without a valid RMA number attached will not be tested. The customer will be responsible for collection of such goods, or provision of all details required to issue an RMA number.
• · Returned goods must be in their original packaging and accompanied by all original drivers, cables and manuals. Goods must be packaged appropriately, with all hard drives, processors and memory in anti-static bags or anti-static wrap. Any goods found to be damaged in transit as a result of inappropriate packaging will not be tested or replaced.
• · Goods will be tested by the returns department upon receipt. If goods are confirmed as faulty, replacement goods will be shipped to the customer. Where possible, we will ship replacement goods as part of any new orders placed. Upon replacement, we will issue a credit note for the original item and an invoice for the replacement at the original sale price.
• · Faulty goods which have been returned and authorised for refund will be refunded back to the original payment method within 14 days.
• · Goods tested and found to have no fault will be available for collection by the customer. The Seller is not responsible for the return of such items. (Please note that RMA goods are tested for the fault as specified on the RMA form. It is important therefore that description of faults are accurate and specific to the item returned.)
• - Dead On Arrival requests MUST be notified to us within 3 days of invoice. A Dead On Arrival (DOA) certificate will need to be obtained from the manufacturer before goods will be accepted back.

PRODUCT IMAGES

Pictures are for illustrative purposes only, actual product may differ from the image.

DELIVERY

The 1-2 day business delivery service applies on orders placed before 3pm Monday - Thursday. Orders placed on Friday will be delivered on Tuesday, orders placed on Saturday or Sunday will be delivered on Wednesday. The 1-2 day business delivery service is only available in our business courier areas and is subject to stock and courier availability and demand. When the business courier service is not available, Etech Networks will deliver by an alternative carrier and this may take longer. Delivery times cannot be guaranteed. 1-2 day delivery is not available for custom servers or custom orders. Specific delivery details will be confirmed at the time you order. 1-2 day delivery is subject to security checks, company credential validation, cleared funds and stock availability, orders will only be released for delivery subject to these checks and providing Etech Networks accepts your order.

1-2 Business Day Delivery is not available in the following postcodes (subject to change):

NB If the first 4/5 characters of any of these entries match your postcode (e.g.. AB12 3xx), this information relates to you.

DISCLAIMER

While every reasonable effort is made to ensure that the information provided on this site is accurate, no guarantees for the accuracy of information are made. Etech Networks website and material relating to information, products and services (or to third party information, products and services), is provided ‘as is’. It is provided without any representation or endorsement made and without warranty of any kind, whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

Etech Networks does not accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material or goods purchased derived from this website. Etech Networks does not warrant that the functions contained in the material in this site will be uninterrupted or error free. Also, Etech Networks does not warrant that defects will be corrected, or that this site or the server that makes it available is free of viruses or represent the full functionality, accuracy, and reliability of the materials.

In no event will Etech Networks be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of Etech Networks website.

These Terms and Conditions shall be covered by and construed in accordance with the laws of England and Wales. Any dispute arising under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

CANCELLATION

Etech Networks may withhold or cancel further or any deliveries under the contract of sale and may recover all losses resulting thereto, if the Buyer:

i) fails to make payment on the due date under any contract with Etech Networks, or

ii) enters into a composition with its creditors, or (being a company) has a receiver appointed or passes a resolution for winding up or if a Court shall order it to be wound up, or commits an available act of bankruptcy,

or

iii) is in breach of any of the items and conditions contained herein (notwithstanding that on a former occasion or occasions it has waived its rights). The exercise of rights under condition 16 shall be without prejudice to Etech Networks other rights of remedies.