Terms and Conditions

 

ALL SALES made by CommSoft Software Solutions Ltd and Subsidiary Companies  are subject to these standard terms & conditions, except where agreed otherwise in writing. 

DEFINITIONS:

• Our / our", "Us/ us" and “We / we” refers to the seller (including it's directors and staff) whose trading style appears on your Order Acknowledgement and invoice.
• "You / you" and "Your / your" refers to the original company, organisation or individual who purchases goods and / or services directly from us.
• “End user” refers to the organisation or individual that enjoys the usage of the goods or service provided by us through you. 
• “Manufacturer” refers to the organisation that makes the equipment and / or develops the software we sell to you.

YOUR RIGHTS:

• You and We are protected by statutory (legal) rights, according to the laws of the country that we contract in, or any European Legislation that applies in that country. Where statutory legislation exists, or new legislation comes into force, your and our statutory rights are not affected by anything within these terms, and those rights take precedence over these terms. Where any part of these terms is over-ridden by legislation, all other terms still apply. Any order placed with us is subject to acceptance.
• We do endeavour to offer the best possible service so if you have a problem with a product or our service, please contact us immediately so that we can try to rectify it as soon as possible. Our main website is www.commsoftrms.com.
• Failure to notify us of any problems that you may have within a reasonable time may well impair any claim that you may have on us.

1. ORDERS FOR GOODS:

• Your order must be placed on your company headed paper and have your purchase order number identified. In certain and unusual circumstances we may agree in writing to accept a cancellation of the order but you may incur costs to do so. You are strongly recommended to check with us the costs you may become liable for prior to cancellation of the order. If you believe that your order is subject to a special price you must quote the authorisation number for this on your order.

2. ORDERS FOR OTHER SERVICES:

• We will forward to you a maintenance contract or service agreement that will detail terms and conditions.

3. END USER REQUIREMENTS.

• You are responsible for correctly determining and specifying the equipment and services needed to satisfy the end user’s requirements even if we have advised you in the matter. Any responsibility for the end user’s network and subsequent compatibility and / or security issues rests with you.

4. PRICE AND INVOICE:

• Unless otherwise stated, all prices quoted exclude VAT or other additional charges which will be charged at applicable rates and added to the invoice total.
• Unless explicitly requested, method of carriage will be at our discretion.
• Any costs omitted or corrections on your invoice will be invoiced / credited later.
• Please notify us promptly (at latest within 5 days of the date of invoice) if you are not billed the correct amount and we will correct the error.
• Any queries on the invoice must be advised to us by telephone or in writing, details of which can be obtained from our web site.
• Should the full amount not be charged immediately, the balance is payable by you on demand.
• All advertised/advised/published pricing is subject to change at any time without prior notice, e&oe.
• However we will always endeavour to provide advanced notice of pricing changes.
• The responsibility for the use of current pricing is with you.
• If a price has risen, we will advise before proceeding with an order if you have specified a different price on your order.

5. SPECIAL PRICES: 

• Where a discount is offered for orders, the discounted price will only be valid and charged if you actually place your order according to the terms of the offer.
• Any entitlement to special offers or other discount must also be stated at the time of ordering.

6. DELIVERY OF PRODUCT:

• The date of delivery specified on the order acknowledgement is an estimate only. Time for delivery shall not be of the essence of the contract and we shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods. In most cases, unless agreed otherwise, we dispatch using our preferred carrier. Where a premium service is requested (e.g. AM delivery or Saturday) we may charge a premium and our liability extends only to a refund of the premium charged to you should the delivery not be achieved on time.
• "Working day" is considered to be Monday to Friday, excluding holidays or any other day on which we are closed. Deliveries may be made any time between 9am and 6pm. Our standard delivery service covers most parts of mainland UK, Holland and Belgium. It is essential that you provide the correct address in full, including a complete postcode and guarantee someone will be at the delivery address to receive and sign for the goods. If there is no one on site at the address, or it is incorrect, then CommSoft Software Solutions Limited reserve the right to charge 100% of the original delivery charge payable by the reseller for re-routing costs.
• For orders that are particularly large in size and/or volume or where special delivery and/or handling is required, please be aware that dedicated transport may be required. When this occurs the cost for this service is to be met by the Business Partner. Typically this will range from £200 - £1,500 depending on size of vehicle, the destination, access on site and special handling required.

7. DEFECTS AND SHORTAGES OF GOODS:

• All risk in the goods shall pass to you upon delivery. Defects or shortages must be notified to us in writing within 48 hours of receipt.

8.

9. PAYMENT: 

• If a credit facility is offered, payment must reach us within the terms on the invoice.
• Payment terms for dealers and distributors are strictly 30 days net from the receipt of order.
• Please note that full payment must be received and available as cleared funds within 30 days of order, not invoice.

10. OVERDUE PAYMENT:

• We reserve the right to charge interest on all overdue balances at 2.5 % per month compounded until the date payment is received in full.
• Interest is charged from the date the debt becomes overdue.

11. DEBT RECOVERY COSTS:

• All costs, charges and expenses incurred by us in recovering any debt shall be paid by you.
• If your bank refuses a payment made by cheque, you shall be liable for all reasonable costs incurred as a result.

12. RETURNS:

• There are no returns on software licences already issued to an end user customer’s name.

13. WARRANTIES:

• Do not attempt to repair, modify or open any product unless specifically advised by us to do so as this may invalidate the warranty.
• You need your proof of purchase (invoice) for all other support issues.
• If a fault does develop or is found, this must be notified to us promptly.

14. GOODS SUITABILITY:

• It is your responsibility to ensure that the correct goods and correct model are ordered for your purposes.
• We may provide technical support to assist your usage of the products purchased from us; however we accept no liability for such advice given.

15. INSTALLATION:  

• It is your responsibility, if you are an accredited installation partner, to ensure that the goods are installed and commissioned correctly in accordance with your end user’s and the manufacturers’ requirements.
• Any responsibility for the customer’s network and subsequent compatibility and / or security issues rests with you.
• If you are not accredited to install our products, then installations will be carried out by CommSoft Software Solutions Ltd staff.
• You must (with your end user) complete an installation form and ensure that it is signed to say that all is ready on the site for installation to take place.
• If our engineers have to re-visit the end user site due to that site not being ready in any way, then we reserve the right to charge the reseller for a re-visit. 

16. Software and software licenses:

• It is your responsibility to ensure that the manufacturer’s or software developer’s terms and conditions in regard to their software are complied with and that, where appropriate, your end user is made aware of and complies with their obligations in this regard. 

17. CREDIT CHECKING / VALIDITY:

• We reserve the right to liaise with credit reference and other agencies with regard to your status and submit information accordingly and in line with relevant legislation.
• We also reserve the right to refuse any unexecuted order, without giving a reason.
• Certain products may only be available to qualifying organisations or individuals and / or in particular geographical areas.

18. COMMUNICATIONS:

• Please be advised that for staff training purposes as well as your and our own security, we may record telephone calls to/from us and such recordings and emails may be supplied to law enforcement or anti-fraud agencies if required.

19. ASSIGNMENT:

• We reserve the right to transfer any debt to us or other elements of our contract with you, or other liabilities in part or whole to a third party, and any such assignment or transference will maintain all existing contractual terms.
• This may include the use of a factoring or other finance company for the assignment of your debts to us.
• All existing liabilities from us to you, and vice versa, will remain valid, including any warranties or service agreements.

20.  PRIVACY AND DATA PROTECTION:

• We aim to understand our customers better and provide a tailored service, with business communications that are relevant and of value. In order to achieve this, we may collect, store and update certain personal details relating to our customers.
• Using this data we will be able to deliver relevant marketing information and bulletins to you which we believe will be of value to you.
• You are able to remove yourself from the distribution of such material at any time.
• You can be assured that we treat your personal details, including email addresses and telephone numbers in confidence, and we will follow the 8 key principles of the Data Protection Act when handling such personal data.
• We do not disclose such personal data to any third party, except in connection with expediting or processing your orders, or in order to comply with the law or health and safety mandates.
• Your email address will not be added to any external mailing lists (unless requested) and we will not use details of your purchases in our marketing / publicity materials or any other promotion without your consent.

21. LIMITATION OF LIABILITY.

• Our entire liability to you in respect of any claim whatsoever or breach of these terms, whether or not arising out of negligence, shall be limited to the price paid by you to us for the goods and / or services to which the claim relates.
• In no event shall we be liable to you or your customer(s) for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever.
• This shall apply even where such a loss was reasonably foreseeable or we had been made aware of the possibility of you or your customer(s) incurring such a loss.
• Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our employees, agents or sub-contractors.

22. FORCE MAJEURE:

• Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

23. WAIVERS OR AMENDMENTS.

• No failure to enforce any provision, assert any right, or insist on performance of any obligation under these Terms and Conditions in any instance, shall be deemed a waiver of the ability to enforce such provision, assert such right, or insist on the performance of such obligation in the future. 
• No course of dealing, or informal communication of any kind, shall be deemed to amend these Terms and Conditions.
• Except as stated herein these Terms and Conditions may be amended only by a formal written amendment signed by a duly authorised representative of both parties, and any oral amendment shall be deemed void.

24. HEADINGS.

• The headings to the clauses in these Terms and Conditions are for reference only and will not affect their interpretation.

 

BY PLACING AN ORDER WITH US OR ACCEPTING A QUOTE FOR PROFESSIONAL SERVICES, YOU ARE BOUND BY THESE TERMS AND CONDITIONS UNLESS AGREED OTHERWISE IN WRITING. ALL STATUTORY RIGHTS APPLY AS PER LOCAL STATUTES AND EUROPEAN UNION LAWS WHERE APPLICABLE.