First Office General Terms and Conditions of Sale
Please note that there are separate terms and conditions for the sale of our various communications and network services and mobiles services.
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We are Authorised and Regulated by the Financial Conduct Authority to operate our business and offer leasing and rental facilities to customers.
Quotations & Proposals
Quotations and proposals are provided without commitment and no contract between the Company and the Customer shall arise unless and until the Customer places a written order, by means of a purchase order or otherwise, which is accepted by the Company. Once an order is placed, no cancellation in part or in full can be accepted.
Costs contained in a quotation or proposal are those ruling at the date thereof and are for guidance only. The contract price shall be the price current and agreed at the time of order placed by the Customer. Unless otherwise stated, prices do not include VAT, which will be chargeable at the rate ruling at the date of despatch of Goods and/or performance of service Supplies.
Delivery & Installation
Delivery and installation dates quoted are approximate. Whilst every effort will be made to deliver Goods and service Supplies by the date quoted, no liability whatsoever is accepted in respect of late deliveries and or installation. All claims in respect of damaged Goods must be made within 3 working days of delivery and or installation. No claims for damage/shortages will be accepted after this period, as we are unable to claim from manufacturers or carriers for damages/shortages not so reported.
Any Goods which prove to be faulty within the warranty period will be repaired or replaced, whichever is most practicable. Any Goods which, when tested, prove not to be faulty will be subject to the policy for non-faulty Goods return.
At the sole discretion of the Company, Goods may be accepted for return subject to a 20% re-stocking charge and provided that the Goods were not special order Goods. Any such goods accepted must in in the original unopened packaging.
Payment for Goods & Supplies
Unless expressly agreed in writing by the Company, payment for Goods shall be made without any deduction or deferment on account of any disputes or cross claims whatsoever, on delivery or installation. Account Customers are afforded 30 days credit from date of invoice for all service and support Supplies. Time for payment shall be of the essence and in the event of delay or default in any payment for more than 7 days the Company shall be entitled to suspend service and support Supplies together with any further supplies of Goods.
Property in Goods & Supplies
The property in Goods and Supplies shall not pass to the Customer and the Customer shall keep the Goods and Supplies as bailee for the Company (returning same to the Company on request) until payment has been made in full. The Customer is not at liberty to sell the Goods and Supplies and shall safely keep all Goods and Supplies to the order of the Company.
Quality, Condition and Description of Goods
The Company warrants that Goods will conform to contract as defined by the Supply of Goods and Service Act 1982 and the Sale and Supply of Goods Act 1994 and any subsequent amendments thereto. Upon the Customer giving written notice to the Company that the Goods supplied do not conform to contract, if the same be established and provided the Customer has not tampered with the goods , the Company will at its own expense or its option replace or repair such defective goods. The same Term & Condition shall apply mutatis mutandis in respect of such replacement or repaired Goods. Service and support Supplies are subject to the Terms & Conditions of their respective Service and Support Agreement to which they relate, whether or not that Service & Support Agreement has been signed by the Customer.
Replacement or repaired Goods will be the absolute limit of the Company’s liability and the Company will not be liable in any circumstances whatsoever for any consequential loss or damage of any kind suffered by the Customer or any third party, howsoever caused, unless the same shall relate to personal injury or death, and only if the same shall arise out of the Company’s negligence. All service and support Supplies are also subject to this Term & Condition and to waiver by the customer in respect of any claims for consequential loss. The Customer will also indemnify the Company for any claims for consequential loss brought by third parties.
Service and Support Supplies
The Company warrants that the service and support carried out by Technical staff, whether employed or nominated third party, will be completed with reasonable care and skill as defined by the Supply of Goods and services Act 1992 and any subsequent amendments thereto. Customers should note that, whilst every effort is made to attend with 4 hours of a service and support request, this is not always possible and cannot be guaranteed. Also Customers should note it is not always possible to rectify a fault at the first site visit (or remote access intervention, whichever maybe the case) and a further site visit or visits may be required (or remote access interventions).
The Company may make additional charges for service & support Supplies due to damage and or loss, however caused, by the Customer in respect of accident, neglect, user error, unauthorised tampering with software programs or virus infection.
Any written communication or notice under the contract shall be made or given by sending the same by ordinary, prepaid first class letter post, in the case of the Company to its current trading address, in the case of the Customer to the last known address, and if so sent shall be deemed to be made or given two working days after the date when posted.
Law and Interpretation
The contract shall be governed by English law and the Customer shall submit to the non-exclusive jurisdiction of the English courts. If any of these Terms & Conditions or any part thereof is rendered void or unenforceable by any legislation to which it is subject, or by any rule of law, it shall be void or unenforceable to that extent and no further
Company Policy for AVAYA software licensing and warranty for End User
Our obligation is to:
- Communicate the applicable software license type (s) to the end user;
- Communicate to and obtain End Users' written acceptance of the AVAYA Software License Terms prior to or upon accepting the applicable order from the End User;
- Not accept from End User any limitations on End User's liability for violations of AVAYA's software license and intellectual property rights; and
- Maintain copies of each End User agreement to such Terms and provide to AVAYA a copy of the same upon request.
Please note that there are separate terms and conditions for the sale of our calls and lines and network services.