Terms & conditions

ETB Technologies Ltd - Terms and Conditions of Sale and Service

Definitions:

Goods: All articles sold to the customer, including replacements for defective goods and software products licensed for use by the customer.

Provision of Service: All labour and maintenance fees, and provision of related services.

Contract: The contract between the customer and ETB Technologies Limited for the sale of goods or provision of service.

Acknowledgement: All orders will be accepted by ETB Technologies Limited subject to and in accordance with the following terms and conditions of sale, which shall be deemed to be incorporated into a contract for the sale of ETB Technologies Limited's goods and provision of services. By the placement of an order by whatever means, the customer will be deemed to have acknowledged and accepted the said terms and conditions.

V.A.T.: All prices are subject to UK VAT at the prevailing rate at the time of shipping.

Settlement Terms:

a) Other than with the prior written agreement of ETB Technologies Limited, all payments are due prior to shipping of order.

b) If legal action is taken to recover monies due to ETB Technologies Limited, then ETB Technologies Limited reserves the right to charge the customer an administration charge plus the cost of such legal action.  

Guarantee:

a) All goods supplied as working by ETB Technologies Limited are supplied with a manufacturer's guarantee or ETB Technologies Limited's guarantee.

b) The guarantees that are supplied vary in duration. ETB Technologies Limited's standard warranty is 30 days.

c) It is the customer's responsibility to check at the time of purchase whether ETB Technologies Limited's guarantee is applicable and, if so, its duration. Where goods or service are covered by ETB Technologies Limited's guarantee, the following applies:

Any defects which under proper use appear in Goods supplied, or service provided within a period of 30 days (unless otherwise stated) after delivery/provision of service and which are due to faulty materials, workmanship or design will be made good by ETB Technologies Limited, either by repair, or at ETB Technologies Limited's discretion, by replacement, provided the Goods are returned an accordance with the “Returns” clause below. ETB Technologies Limited's guarantee is provided by ETB Technologies Limited and accepted by the customer in substitution for all express or implied representations, conditions, or warranties, statutory or otherwise, as to the state, satisfactory quality, fitness for purpose or performance of the goods (or any materials used in connection therewith) or the standard of workmanship and all such representations, conditions and warranties are hereby excluded.

d) Where goods are covered by a manufacturer's guarantee, then ETB Technologies Limited's liability to repair or replace those goods ends at the end of the period of the guarantee provided by the manufacturer.

e) ETB Technologies Limited's sole obligation and the customer's sole remedy under this provision is limited to the reasonable cost of repair or replacement of goods supplied.

Returns :

a) No order may be returned without the previous written agreement of ETB Technologies Limited. Without such written agreement, ETB Technologies Limited will not accept the return of any goods incorrectly ordered or no longer required by the Customer. Returned goods will be subject to a restocking charge representing 15% of the value of the goods, with a minimum charge of £15.

b) ETB Technologies Limited will not accept responsibility for Goods which, in its opinion, have been the subject of undue wear and tear, accident, misuse, improper application or neglect. ETB Technologies Limited's opinion on this is final.

c) Without prejudice to “Returns” (a) to (b) , ETB Technologies Limited reserves the right to replace, repair or refund payment in respect of all Goods returned at its absolute discretion.

Delivery:

ETB Technologies Limited will use its reasonable endeavours to deliver goods/provide service in accordance with delivery/completion schedules agreed with the customer, but cannot accept any liability whatsoever for failure to do so, however arising.

Ownership:

The title to any goods supplied will not pass to the customer until payment in full of all sums due from the customer to ETB Technologies Limited, inclusive of all and any cost of service provision and labour charges, has been made. If payment (whether in full or in part) is not made by the due date, in accordance with “Settlement Terms” clause (a) to (b) , or the customer is wound up, or a receiver appointed over any assets or the undertaking of the customer or an execution or distress be levied against the customer, ETB Technologies Limited will be entitled without prior notice to the customer or any liquidator or receiver to retake possession of the goods and for that purpose to enter upon any premises occupied or owned by the customer.

Force Majeure:

ETB Technologies Limited shall not be liable in any respect whatsoever for any 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 60 days or more, ETB Technologies Limited shall be entitled by written notice to cancel or terminate such order or contract or its outstanding obligations thereunder.

Cancellation:

a) If the customer becomes the subject of any act or proceeding under or in connection with the Insolvency Act 1986 or if the customer fails to make payment for goods supplied or service provided when due, in accordance with “Settlement Terms” clause (a) to (b), ETB Technologies Limited will be entitled to suspend and cancel all or any future deliveries or instalments under this or any other contract between ETB Technologies Limited and the customer.

b) You are entitled to withdraw from this contract without stating any cause within 7 days of delivery. You must communicate such withdrawal to us within that 7 day period.

e-Commerce Additions:

In addition to the foregoing terms, by confirming your order on our e-commerce website (when you buy online using the checkout basket system) you accept the following Terms and Conditions:

a) Delivery can only be made to addresses in the UK mainland.

b) All goods and services are subject to availability.

c) Whilst ETB Technologies Limited will try to ensure that prices on the website are accurate, we are not responsible for errors that may occur. If we discover any error in the price of goods before we accept your order, we will notify you as soon as possible and give you the option to resubmit your order at the correct price or cancel the order. The price of all goods and services advertised are exclusive of any applicable taxes, including VAT.

d) Any e-mail or other electronic acknowledgement by us of receipt of an order placed by you does not constitute legal acceptance by ETB Technologies Limited of your order. Acceptance of your order, and the completion of the contract between you andETB Technologies Limited, will take place on dispatch to you of the products ordered, unless we have notified you that we do not accept your order, or you have cancelled it.

e) When processing your order, the information provided will be subject to credit and fraud prevention checks. For these purposes we may transfer your information to third parties and/or countries outside the EEA. While all reasonable care is taken to protect the confidentiality of your credit card details, ETB Technologies Limited cannot be liable if, through no fault of its own, these details are intercepted by and used by third parties.

Legal Construction:

All Contracts between ETB Technologies Limited and the Customer shall be governed by the laws of Scotland and the parties submit to the exclusive jurisdiction of the Scottish Courts.