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E-Net Distribution Terms and Conditions of Sale

1.Definitions

  1. 1. “Conditions” are the standard terms and conditions of sale set out in this document which will apply to all sales of Products made by us to you unless otherwise clearly stated in the Order.
  2. 1.2 “We”/”Us”/”Our” means E-Net Distribution, the trading name of E-net Computers Ltd, registered in Scotland with number 204646 and having its registered office at Terston House, 1 Huly Hill Road, Newbridge, Edinburgh, EH28 8PH (with VAT number GB751222563).
  3. 1.3 “You”/”Your” means the buyer/client to whom we agree to supply Products.
  4. 1.4 “Products” are the articles which you agree to buy and we agree to supply under the terms of the Order.
  5. 1.5 “Order” is the contract between us and you for the sale and purchase of the Products.
  6. 1.6 “Price” is the price agreed for the Products between us and you and excludes delivery, VAT and insurance.

2. Purchase of goods

  1. 2.1 As E-netdistribution is “Trade only” distribution company, all our customers need to be registered with us before being able to purchase any products.
  2. 2.2 Any orders placed with us will be subject to the Conditions. You accept the Conditions when signing the account application form to be able to purchase Products from us. If we decide to change the Conditions we will inform you in writing of any changes and the new conditions will be applicable only to orders placed after that particular date.
  3. 2.3 An order placed by you constitutes an offer to us to buy Products. The listing of Products in our pricelists is an invitation to customers to place an offer for these Products although we have the right to refuse any offer, the order is subject to acceptance by us and the Order will only be concluded when we send an Invoice to you. The supply of Products is subject to stock availability. If, for whatever reason, we do not supply the Products you have ordered you will not be charged for them or we will refund you any money you may have already paid although we will not be responsible for any compensation or losses you may have incurred related with the non supply of the Products.
  4. 2.4 We endeavour to ensure that the pricelist or quote does not include errors, inaccuracies or misleading information. However if errors, inaccuracies or misleading information come to our attention we will be entitled to correct the relevant mistake without any liability on our part. The appearance of Products on our pricelists is an invitation to you to make an offer but that will not bind us to sell a particular Product at a particular price if that has been posted by mistake. If a Product’s correct price is higher than what is shown we will contact you immediately to advise you of the price difference. You can then cancel the Order or pay for the difference in price. If the incorrectly priced Product has already been dispatched we have the right to either collect the Product at our expense and credit you or charge you for the difference in price as long as this is agreed by you.
  5. 2.5 You are not entitled to cancel an Order once we have dispatched the Products. You are not entitled to withdraw an offer after we have accepted it unless we agree to cancel the Order in writing.
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3. Price and Payment

  1. 3.1 All prices shown on our pricelist refer exclusively to the relevant Product itself and exclude delivery costs, VAT, fulfilment or other charges that may be applicable.
  2. 3.2 If payment is made by credit card, you agree to pay all fees and service charges applied by the card company and related to the transaction.
  3. 3.3 If the Products we supply to you are ordered by us from outside the UK they may be liable to import duties, copyright taxes or other levies which are specific to particular countries/regions and for which you and not us shall be responsible. As these charges are variable depending on the destination of the Products we cannot give you information related to the total amount of the said charges and you should therefore contact the relevant authorities (local customs or other) before placing your order for Products with us.
  4. 3.4 We reserve the right to increase the price of any Product before delivery by giving you notice in writing or by other means in order to reflect an increase in our cost due to any events out of our control (including, without limitation, dramatic exchange rate fluctuations, changes in levies or other taxes, increases to our own supply costs or modifications to the order requested by you). After a notification of an increase in prices we will not ship the Products until we receive a notification in writing from you accepting the price increase.
  5. 3.5 You require to pay the total amount of the Order (including, without limitation, the goods, VAT and delivery charges if applicable and applicable insurance) before the dispatch of the Order unless credit terms have been agreed between us and you. If credit has been agreed for you specifically, the full payment of the invoice is due within 30 days of the date of the invoice depending on the payment terms we have agreed with you relating to your account with us. The date of the invoice will be the same as the date of dispatch of the Products. You will not be entitled to deduct any amount for early repayment, discount or any disputes you may have with us unless agreed by us in writing. We do not accept debit notes. If the payment is not received by the agreed date the relevant amount owing will be subject to interest at the rate of 5% above the RBS base rate from time to time. Such interest will accrue daily and all costs associated with recovering the debt will be payable on top of the original amount overdue.
  6. 3.6 Your payment is only considered to have been received by us once we have received clear funds and not when your cheque has been received by us or your BACS payment to us has been arranged by you.
  7. 3.7 We are entitled to recover the total amount due for an Order notwithstanding that the title of the Products has not passed from us pursuant to point 5 below of these Conditions.
  8. 3.8 We may withdraw credit facilities due to changes in your specific individual financial circumstances, our own or general economic instability. We will notify you in writing of any changes in your credit facilities and all payments for Products delivered and not paid for will then become due immediately by you.
  9. 3.9 You shall inform us immediately of any changes in your ownership or control or any other modifications to your business structure which may affect your financial stability.
  10. 3.10 Any credit notes issued by us or credit balances not used within a period of 6 months will be automatically cancelled and you will not be entitled to any compensation.
  11. 3.11 Unless clearly stated in the Order or by any other written means we do not offer sale or return, stock rotation or price protection.
  12. 3.12 Due to our pricelist containing a very large number of Products some of them may be incorrectly priced despite our best efforts to make sure that mistakes are reduced to a minimum. If a Product’s correct price is higher than what is shown in the pricelist we are under no obligation to provide the Product at the lower price. More details about pricing errors are stated in point 2.4 above of these Conditions.
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4. Delivery

  1. 4.1 You are responsible for informing us of any specific instructions relevant to the delivery of the relevant Products the subject of the Order like the need of a tail-lift, booking reference, limited access for certain type of vehicles or restricted warehouse opening hours. If an extra transport charge is levied by the carrier due to wrong information supplied by you, we are entitled to recharge the difference to you.
  2. 4.2 Any quoted delivery dates are only an estimate and we will not be liable for any transport delays . A transport delay cannot be used as grounds to refuse a delivery.
  3. 4.3 In certain cases we may agree to allow you to collect Products at our premises. In this case the delivery date will be the date when we have notified you that the Products are ready for collection.
  4. 4.4 We will be allowed to deliver the Products the subject of an Order in instalments and the failure to deliver the rest of the Products the subject of that order will not be grounds for you to cancel the Order or refuse to accept further deliveries unless this is agreed in writing by you and us.
  5. 4.5 You are responsible for notifying us in writing 48 hours after delivery in the case of the Products arriving damaged, the wrong Product having been sent or the delivery not containing all Products ordered. After 48 hours we will deem the delivery to have taken place as agreed in the Order and you will not be able to raise any claims for short-shipment, miss-shipment or damages.
  6. 4.6 You are responsible for providing all necessary staff and equipment to unload the Products at the delivery address. We will not be responsible for any charges arising from you rejecting taking delivery of the Products if there is no defect in them. In that case you will have to pay for all expenses related to the failed delivery.
  7. 4.7 If, in error, we deliver a higher quantity of the Products than you have ordered, we are entitled to send a carrier to your premises and collect the Products at our expense.
  8. 4.8 We assume that any person at the delivery premises who claims to have the authority to receive the Products and who signs the proof of delivery does in fact have the authority to accept the delivery. We will not be liable to prove delivery any further if we can supply a signed proof of delivery at the relevant delivery address.
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5. Risk and title

  1. 5.1 The Products are at your risk as soon as they are delivered at the delivery address stated in the Order or when they are collected from our premises where such a collection has been agreed between us and you.
  2. 5.2 The title of the Products does not pass to you until we have received payment in full for the Products. After delivery/collection you shall hold the Products on a fiduciary basis and agree to store the Products properly, insure them and keep them conveniently separated and identified as our property.
  3. 5.3 Until the moment you acquire title to the Products we are entitled to request you to deliver the Products back to our warehouse or to send a carrier to collect the Products from your premises or a third party’s premises if you have sold the Products on. It is your responsibility to inform any third party to whom you may sell or have sold the Products that the Products are not your property (and can be claimed back by their rightful owner (us) any time) until they are paid for in full by you.
  4. 5.4 You are not entitled to put any charges or financial/legal burdens on the Products until the title thereto passes to you (upon full payment by you for the Products).
  5. 5.5 If you become bankrupt or go into liquidation we will be entitled to cancel any outstanding Orders and collect any unpaid stock in your warehouse or at your premises immediately.
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6. Returns, Warranties and Liabilities

  1. 6.1 We will be under no liability in respect of any defect in the Products arising from reasonable wear and tear, wilful damage, negligence on the part of the user, abnormal working conditions, failure to follow Product instructions or unauthorised alteration or repair of the Product.
  2. 6.2 If we supply a Product that has a defect or is substandard, you must inform our RMA department as soon as possible and they will advise you if the Product has a direct warranty with the manufacturer or issue an RMA number. If the Product has a direct manufacturer’s warranty you will deal directly with the manufacturer. If the Product doesn’t have a direct manufacturer’s warranty, the Product should be sent back to us (indicating clearly the supplier RMA number and company name and address) in its original unmarked packaging. In some cases we may be able to replace/repair the Product , but otherwise we will issue a credit note 4 days after the Product has been returned to us at the latest.
  3. 6.3 In the event of a credit note being issued the price used will be that at the time the Product has been returned to us and not the price originally paid by you. Furthermore, we will only be liable for the price of the Product and not for any financial or economic or consequential or indirect loss (including, without limitation, loss of profits, loss of revenue, damage to business reputation, loss of data, administration expenses) related to the return or liabilities incurred by you to third parties in relation to the faulty Product supplied by us.
  4. 6.4 We will not be liable for any warranties if the Product is still not paid for.
  5. 6.5 We will accept liability for defective Products to the extent that we are entitled to claim under the manufacturer’s warranty and obtain from them a replacement, repaired Product or refund.
  6. 6.6 All returned Products must be in their original unmarked packaging, contain all the parts (including, without limitation, cables, remote controls and batteries) and have all user manuals sent with the original Product.
  7. 6.7 We will not be liable to you for failure or delay to deliver Products or perform our obligations if the delay or failure has been caused by force majeure events (i.e. causes beyond our reasonable control) including, without limitation, terrorism, war, embargoes, strikes, natural disasters, new regulations and laws. although none of the foregoing will limit any liability of ours for death or personal injury caused by our negligent behaviour.
  8. 6.8 Our maximum and aggregate liability to you arising out of contract, delict (including negligence or breach of statutory duty) or otherwise for any loss or damage arising out of or in connection with any Order, howsoever arising, shall not exceed the Price.
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