Industrial IT Systems LTD Terms and Conditions
We are registered in England and Wales under company number 08693201, VAT registration number 171 3493 12.
In these Terms and Conditions (Terms), the following words and phrases shall have the following meanings:
• “the Buyer” means the person, firm or company who purchases the Goods from the Company;
• “the Company” means Industrial IT Systems Ltd and its associated divisions
• “Contract” means the contract between the Company and the Buyer, which shall be deemed to incorporate these Terms;
• “Goods” means any goods agreed in the Contract to be supplied by the Company to the Buyer;
• “Place of Delivery” means the place to which the Goods are to be delivered.
In these Terms, a reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted, or replaced from time to time.
2. The Contract
The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer.
No terms and conditions contained in the confirmation of the order, purchase order, or other documents of the Buyer will form part of the Contract.
All communications about this Contract must be in writing and sent to:
3.1 Industrial IT Systems’ Registered office or such changed address as shall be notified to the Customer by Industrial IT Systems.
3.2 The Customer’s registered office or to any address of the Customer set out in any document which forms part of this Contract.
4. Orders and Cancellation
4.1 The Customer must submit orders using the Industrial IT Systems product name, product description, and the priced units used invalid quotations issued by Industrial IT Systems.
4.2 No order placed by the Customer shall be deemed to be accepted by Industrial IT Systems until a written acknowledgment of that order is issued by Industrial IT Systems.
4.3.1 In the event of a customer canceling an agreed order or percentage thereof, the customer will be due to pay Industrial IT Systems cancellation charges by way of damages, upto 35% and assesed on a case by case basis.
4.3.2 The above is subject to the agreement of Industrial IT Systems. Industrial IT Systems maintain the right to increase the Cancellation Charge based on costs incurred to the business resulting from the cancellation of the order.
4.3.3 Once the item has been dispatched the cancellation policy no longer applies and the customer must refer to the returns policy.
4.3.4 Certain items and call-off orders are exempt from the cancellation policy and under no circumstance can the order be canceled.
5.1 The price for the Goods shall be the price quoted by Industrial IT Systems unless otherwise agreed by Industrial IT Systems in writing.
5.2 VAT is charged at the rate applicable at the time of invoicing or otherwise in accordance with the law.
5.3 Industrial IT Systems reserves the right to modify the prices from time to time.
5.4 Any prices quoted by Industrial IT Systems in local currency may be adjusted by Industrial IT Systems due to fluctuations in the exchange rate.
5.5 All amounts are payable in full and remitted back to Industrial IT Systems without offset or deduction for taxes (including withholding tax) and customs duties.
5.6 All prices quoted are valid for 30 days only, after which time (unless the Contract has been entered into before then) they may be altered by Industrial IT Systems without giving notice to the Buyer.
5.7 Industrial IT Systems reserves the right, by giving notice to the Buyer at any time before delivery to increase the price of the Goods to reflect:
5.7.1 Any increase in the cost to Industrial IT Systems which is due to any factor beyond the control of Industrial IT Systems (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties or taxes, a significant increase in the costs of labor, materials or other costs of manufacture);
5.7.2 Any change to the quantities or specifications for the Goods which is requested by the Buyer; or
5.7.3 Any delay caused by any instruction of the Buyer or any failure of the Buyer to give Industrial IT Systems adequate information or instructions.
6.1 Subject to clause 5, payment of the price of the Goods shall be due 30 days (unless the payment terms agreed otherwise) from the date of the Company’s invoice for the Goods.
6.2 Industrial IT Systems reserves the right to charge late paying Customers in accordance with the provisions of the Late Payment of Commercial Debts (Interest) Act 1998 and its subsequent amendments.
6.3 Payment shall not be deemed to have taken place until the receipt by the Company of cleared funds.
6.4 Customer’s choice of payment methods is as follows:
• Credit/debit card payment at the time of order
• PayPal payment
• BACS / CHAPS payment of Proforma invoice (no action will be taken by Industrial IT Systems to procure Goods for the Customer until this payment is cleared)
• BACS / CHAPS payment against Customer’s credit account, 30 days (unless agreed otherwise) from date of invoice.
7.1 Industrial IT Systems shall use reasonable endeavors to dispatch goods by the date agreed with the customer but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond the company’s reasonable control, such as delays caused by delivery couriers or manufacturer lead times. If a delay is likely, Industrial IT Systems shall contact the customer and advise of the delay.
7.2 If Industrial IT Systems is unable to deliver the goods within 30 days of the agreed delivery date, other than for the reasons stated on point 7.1, the Customer will be entitled to cancel the order and require any monies paid to Industrial IT Systems in respect of that order to be refunded. The Customer must send written notice of cancellation to Industrial IT Systems after the agreed time but before delivery of the goods or notification from Industrial IT Systems that the goods are ready for delivery
7.3 Industrial IT Systems does not accept liability for shortages, damages, or incorrect items in deliveries unless the Customer notifies Industrial IT Systems of the shortage or damage in writing within 3 working days of receipt of the delivery. Consumers should notify shortages or damage within a reasonable period of becoming aware.
7.4 Industrial IT Systems does not accept liability in the event of failed delivery or item lost due to customer fault. A non-exhaustive list of scenarios is detailed below:
- • Industrial IT has been provided the wrong delivery address.
- • The order delivery address is not reasonably accessible.
- • The address for delivery cannot safely be accessed.
- • The parcel is inadvertently confirmed as delivered by the customer.
7.5 Industrial IT Systems and its appointed partners or affiliates will only hold detailed delivery and tracking information for 3 months from fulfillment. After this point, neither Industrial IT Systems nor its partners or affiliates can be held responsible for any tracking or non-delivery.
7.6 Industrial IT Systems uses multiple couriers to ensure the best coverage and cost for deliveries. On an occasion where our couriers do not operate in an area, customers will need to contact and pay another courier for the delivery of their goods.
7.7 Industrial IT Systems cannot be held liable for any import tariff or duties into the customer's country. The responsibility of all import responsibilities is the customers.
8. Errors and Omissions
Industrial IT Systems makes every effort to ensure that all descriptions and prices quoted in its quotations and statements are correct and accurate. However, mistakes occasionally occur. In the case of a manifest error or omission, Industrial IT Systems will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer’s order and/or received payment from the Customer. Industrial IT Systems’ liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by Industrial IT Systems after the manifest error has been discovered.
9. Warranty and Liability
9.1 The Company warrants that the Goods are of satisfactory quality.
9.2 If the Buyer wishes to make a claim under this warranty, the Buyer shall give written notice to the Company within 5 working days from the date of delivery or within a reasonable time after discovery of the defect or failure.
9.3 The Company shall not be liable for any breach of warranty if the Buyer makes any further use of the Goods after giving such notice or alters or repairs the Goods without the agreement of the Company.
9.4 The Company's liability under the warranty shall be limited to repairing or replacing the Goods in question or refunding the price of such Goods.
10. Returns Material Authorization (RMA)
10.1 Prior to returning any Goods to the Company for any reason, the Customer must contact the Company to obtain a returns authorization number (RMA). The Customer must give the reason for the return of the Goods, and if the Goods are still under warranty, provide the original invoice number and date of purchase. All goods are returned at the Customer’s risk and expense and should be undamaged by the Customer and in their original packaging.
10.2 14 Days (from date of invoice) Return Policy for Non-Defective Return
All the returns are subject to approval and are at the discretion of Industrial IT Systems Ltd.
A 35% restocking fee will be applied to all returns or exchanges.
No returns are allowed after 14 days from the invoice date.
Shipping charges for returned items are the responsibility of the customer.
Returned products must adhere to the following requirements:
All original boxes and packaging are intact.
All supplied manuals, accessories, and documentation.
All returns MUST be authorized and have an authorization number.
10.3 If your return is approved, we will initiate a refund to your original method of payment. Timing will vary depending on your bank or card issuer’s policies.
In order to support our customers, Industrial IT Systems offers demo and evaluation units under the following terms:
11.1 The demo/evaluation items must be returned to Industrial IT Systems together with all accessories, packaging, and manuals, within 5 working days of the Industrial IT Systems dispatch date.
11.2 Goods returned outside the agreed deadline may not be accepted or may incur a 35% restocking fee subject to a minimum of £50, at the sole discretion of Industrial IT Systems.
Industrial IT Systems is committed to protecting your privacy. Any information that we request which may identify you or your business will be stored in a secure and safe environment. As an ISO9001 certified company, we have all the necessary infrastructure and advanced data management systems in place to achieve this goal.
13.1 If any part of these Terms is found to be void or unenforceable by any court of competent jurisdiction, such part shall be severed from these Terms, which will otherwise remain in full force and effect.
13.2 These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.
13.3 Please note, Industrial IT Systems may record and/or monitor inbound and outbound calls and electronic traffic for training purposes.