STANDARD TERMS AND CONDITIONS OF SALE
1.0 Definitions
In these Terms and Conditions:
1.1 "Delaney" shall mean Delaney Secure Limited whose registered office is situated at Omega House, 6 Buckingham Place, Bellfield Road West, High Wycombe, HP13 5HW.
1.2 "Buyer" shall mean the person, organisation, firm or company from whom orders are received.
1.3 "Products" shall mean the range of items sold under contract of sale supplied by Delaney to which these conditions apply.
1.4 “Order” shall mean an order placed with Delaney at its premises, by fax, by phone or by email.
2.0 Quotes
2.1 Quotes issued by Delaney shall not constitute a binding contract until acceptance by Delaney and the buyer. There shall be no binding contract until acceptance between Delaney and the buyer until such time as confirmed by Delaney.
3.0 Orders, Acceptances and Cancellation
3.1 An order shall be accepted only upon and subject to the Delaney current terms and conditions of sale. The buyer understands and agrees that future orders are subject to Delaney Terms and Conditions. No other written, or oral, shall be incorporated into the contract, unless confirmed in writing by a director of Delaney.
3.2 No cancellation or amendment of any order will be accepted unless received by the buyer in writing at least 3 days before the delivery date notified by Delaney to the buyer.
3.3 No cancellation or amendment of an order where goods have been manufactured, ordered or purchased by Delaney to meet the buyers requirements or where a special price has been negotiated with the buyer.
3.4 This does not affect any statutory rights the buyer may have.
3.5 All prices quoted to the buyer are on the basis of full quantities specified by the buyer. Delaney reserves the right to revise prices in the event of alteration of the quantity of goods being ordered.
4.0 Price of Products
4.1 An order is accepted only on the condition that the prices of the products shall be in force at the date of dispatch of the products. All prices and other sums payable by virtue of these Terms and Conditions are subject to the addition of Value Added Tax or such other Tax required to be paid by Law at the rate for the time being in force. Prices are also exclusive of carriage fare.
4.2 Where an estimate or quotation is given and is based on information received by the buyer and that information is subsequently changed or proves to be incorrect, Delaney reserves the right to increase the price or cancel the order.
5.0 Product Specification
5.1 The buyer within seven days, from and including the date of delivery of the products, carry out, at its own expense, tests to ensure that the product satisfies the buyer reference specifications as set out in the delivery note, and shall notify Delaney in writing within such 7 day period of any failure of the products to meet the referenced product specification. If no such notice is received by Delaney within such 7 days, the buyer shall be deemed to have accepted the products as satisfying the product specification. Delaney reserve the right to alter such specifications without prior notice and without liability on the part of Delaney and no warranties are given by Delaney in respect of such alterations.
5.2 Software product includes software delivered, the buyer agree to abide by the software license restrictions.
6.0 Delivery
6.1 The buyer at the time of placing an order with Delaney, specify in writing, the dates, addresses and any general instructions for the delivery of the products.
6.2 Delaney shall use its best endeavors to supply and deliver products in accordance with any such dates, addresses and any general instructions specified by the buyer. However, it shall not be liable as a result of delay in or failure to deliver for any consequences of such delay or failure shall entitle the buyer to rescind the contact or claim damages.
6.3 The buyer shall pay reasonable delivery charges to Delaney. Such charges shall be available on request.
6.4 If no delivery of the products takes place Delaney may sell the products at the best price readily obtainable and the buyer will be liable for the costs of the sale. If the products are sold for less than the price payable by the buyer, the buyer shall remain liable to pay Delaney the difference in price.
6.5 This does not affect any right or remedies Delaney may have.
6.6. The Buyer shall not resell or otherwise ship the product purchased hereunder, directly or indirectly, to any country which is designated as restricted territory for the export of such material by the competent authorities or by official regulations, or to any country on which any trade embargo is imposed.
7.0 Risk and Title
7.1 Risk in the products shall pass from Delaney to the buyer on delivery of the products to the buyer or the specified delivery address advised by the buyer and until such time as title in the products has passed to the buyer, the buyer shall insure such products to its replacement value (naming Delaney as the loss payee) and the buyer shall forthwith upon request provide Delaney with a certificate or other evidence of such insurance.
7.2 Title to all product supplied to buyer shall remain with Delaney and shall not pass the buyer until payment in full for the same has been received by Delaney. Until payment in full for the same has been received by Delaney. Until such time as title to the products has been passed to the buyer Delaney shall have absolute authority to retake, sell or otherwise deal with or dispose of all any or part of the products in which title remains vested in Delaney for this purpose Delaney or any of the products in which title remains vested in Delaney from this purpose Delaney or any of its agents or authorised representatives shall be entitles at any time and without notice to enter upon any premises in which the products or any part thereof are stored or kept or is reasonably believed so to be and Delaney shall be entitled to seek a court injunction to prevent the buyer from selling transferring or otherwise disposing of the products.
7.3 The buyer shall not interfere with any of Delaney distinguishing marks or labels attached to the products before the products have been paid for in full
7.4 The buyer shall store the products separately from any other goods until they have become the buyer’s property or they are attached to or incorporated in other products or they are delivered to a purchaser by the buyer.
7.5 If the buyer sells the products to a purchaser ownership of the goods will pass to the buyer immediately before the products are delivered to the buyers purchaser and the purchaser shall hold the proceeds of the sale on trust for Delaney in a separate bank account. Delaney will trace the proceed of the sales that the buyer or any other account that the buyer maintains. Delaney may also by written demand require the buyer to assign to Delaney the buyers rights to recover the price from its purchaser.
7.6 In-accordance of Delaney agreeing to supply products to the buyer and entering into this agreement with the buyer, the buyer hereby agrees absolutely to assign to Delaney the buyer’s rights to recover from the purchaser the price of the products supplied (by way of purported sale or otherwise) by the buyer to the purchaser in respect of which products the buyer has not been paid Delaney in full at the time of the said supply to the purchaser.
8.0 Payment
8.1 Delaney shall render an invoice on shipment or availability to collect the products to the buyer. Payment for the products, delivery charges and any taxes shall be due and payable by the buyer to Delaney not later than fourteen [14] days (or twenty eight [28] if agreed in writing by Company Directors) from the date of the invoice, and without the right of deduction or set off.
8.2 Unless terms of credit have been agreed, all products supplied by Delaney, must be prepaid by the buyer.
8.3 In the event that the buyer shall delay in making payment on the due date, then the buyer shall be liable to pay Delaney interest on the unpaid sums .Such interest will be calculated at the rate of Barclays Bank base rate plus 8% per month or part of a month during which they are late any unpaid sums. In the event that the buyer is in arrears in the payment of any sums due or shall exceeded any agreed written credit limit, Delaney shall be entitled,(without prejudice to any other rights or remedies it may have), to:
a) Withdraw any credit facilities and shall not be obliged to supply any further products whether orders have been accepted by Delaney or otherwise; and
b) Enter upon the buyer’s property in order to repossess the property belonging to Delaney and for that purpose the buyer hereby grants to Delaney or its agents and employees an irrevocable license to enter any premises where the products are stored in order to repossess the same.
8.4 Delaney rights under the agreement will not be affected by any forbearance or concession made by Delaney.
8.5 Any notice required under this agreement will be properly served in writing and sent by facsimile or prepaid letter post or delivered by hand to the
addressee on the application or the last known address of the addressee. Notice will be effective at the time of sending of the facsimile 48 hours after
posting if sent by prepaid letter and at the time of delivery if delivered by hand.
8.6 In the event of a cheque issued by the buyer being unpaid, the buyer will be liable to pay Delaney for the bank charges incurred by Delaney, interest at 8% above Barclays Bank base rate and a £30.00 administration fee.
8.7 Delaney shall be entitled to treat this contract at an end and to suspend all further deliveries under it and payment for all products not paid for shall become due immediately.
8.8 The buyer shall immediately notify Delaney in writing in the event of the following:
a) Change or alteration in your trading name
b) Change of banker
c) Any change of Directors, principals and Partners.
d) Change of your address or that of any directors, principals or Partners.
8.9 Delaney shall be liable at any time to vary or suspend any terms of credit or credit limit given to the buyer.
8.10 If the buyer has service account, repair account, printer or hardware account, any or all can be placed on hold until payment of the overdue account(s) have been received in full.
9.0 Warranty
9.1 Delaney warrants that the products shall be free from defects in materials or workmanship. The period of such warranty may differ and the express terms should be received in writing from Delaney. The warranty period shall commence on the date of despatch of the products to the buyer. Any alleged defects in the products must be notified in writing within 7 days of receipt of the products.
9.2 In the event of any established breach of warranty, Delaney shall repair at its absolute discretion any defective products. The buyer shall be liable for the delivery charges incurred in returning the defective products to Delaney, but shall not be liable for the cost of the repair or the replacement of the products to the buyer.
9.3 Repairs undertaken by Delaney under the terms of its warranty are guaranteed for 180 days from the date of despatch to the buyer.
9.4 The warranty shall not cover any defect caused:
a) by fair wear and tear.
b) in whole or part by the negligence of the buyer or a user
c) by improper or unauthorised use of the products including any attempt to carry out repairs or modifications to the product.
d) by causes external to the products.
9.5 The buyer shall have no claim for loss of profits or contract or consequential loss which may be suffered by the buyer or by any third party arising out of such breach of warranty.
9.6 Failure by the customer to settle accounts rendered for goods supplied will render the warranty null and void.
9.7 Returns Procedure
a) The customer shall be responsible for the cost of carriage and insurance in respect of all goods returned by the buyer to Delaney for repair, replacement or credit which goods will be at the risk of the buyer until actual receipt there of by Delaney.
b) Delaney will not accept returned goods for repair, replacement or credit unless such a return has been agreed in advance, and the goods are received in stock condition, original packaging and clearly marked with the appropriate " Equipment Returns Authorisation" number issued by Delaney.
c) Any notification of return "Dead on Arrival" ('DOA) goods must be made no later than 7 days from the date of invoice.
d) Delaney reserve the right to determine whether returned goods will be repaired, replaced or credited under absolute discretion of Delaney
e) Delaney reserves the right to levy a surcharge of 10% of the value of the goods to the buyer in the event of returned goods being found to be in
working order in accordance with the specifications of the order.
f) Delaney reserve the right to replace goods with the product(s) considered by Delaney to be equal specifications to the goods being replaced.
g) Not withstanding, Delaney will not be liable to any claim of value greater than the goods.
9.8 Repairs
a) When product is returned under warranty such items should be returned carriage paid to Delaney. No item should be returned to Delaney until a
"Equipment Return Authorisation" (ERA) number has been issued by Delaney.
b) Delaney reserves the right to delay the return of any items of Customers property in Delaney possession and shall have a general lien on all such property in respect of any sum(s) which may be owing by the Buyer to Delaney on their account(s).
c) Delaney do not accept any liability for retention or security of data or information stored on Magnetic or other media returned, by the Buyer or third party that is lost or corrupted as a result of Delaney’s repair process.
10 Storage
In the event that written dates, addresses and general instructions for delivery of the products are not notified to Delaney at the time of placing the order, Delaney shall be entitled to store the products and the buyer shall be liable for the reasonable cost of such storage.
11 Intellectual Property
The buyer shall promptly notify Delaney of any claim received by the buyer alleging an infringement of patent or other intellectual property rights of a third party.
12 Force Majeure
Delaney shall not be liable for any failure to supply and or deliver products or any incomplete supply or delivery or for any damage to or defect in the products caused by strikes, lockouts, labor disturbances, Acts of God or any other reason beyond Delaney control including the buyer and the third parties.
13 Representations
No agent of Delaney has authority to make oral representations prior to or after placing an order. Nor subject to Clause 2.1 has any agent of Delaney authority to vary or modify the Terms and Conditions herein unless confirmed in writing by a Director of Delaney.
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| Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of this Store., Copyright © 2006, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. |
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| We accept the following credit cards: Visa, MasterCard, and Discover. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed upon shipment of your order. |
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| This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we're not responsible for the operation of or content located on or through any such site. |
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We accept money orders, cashier’s checks, personal checks, and company checks in UK Sterling only. For all checks, please allow up to 10 banking days after receipt for clearance of funds before the order is processed. We cannot guarantee the availability of a product by the time funds clear or payment is received. We will charge a £10 handling fee for all cheques. A £25 fee is charged in addition for returned checks to cover bank charges and administration costs.
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| For a multiple product order, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order. |
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| Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Delaney Secure reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item. |
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| These Conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether Delaney Secure signs them or not. We reserve the right to make changes to this site and these Conditions at any time. |
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| We will ship your product as it becomes available. Usually, products ship the same day if ordered by 12:00PM , or by the next business day if your order is received after this time and for orders received on Saturday, Sunday or any UK bank holiday. However, there may be times when the product you have ordered is out-of-stock which will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping. |
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| We keep your personal information private and secure. When you make a purchase from our site, you provide your name, email address, credit card information, address, phone number, and a password. We use this information to process your orders, to keep you updated on your orders and to personalize your shopping experience.
Our secure servers protect your information using advanced encryption techniques and firewall technology.
To keep you informed about our latest offers, we may notify you of current promotions, specials and new additions to the Delaney Secure site. You may unsubscribe from our newsletters by following the unsubscribe instructions in any email you receive from us.
When entering any of our contests or prize drawings, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email. You agree to participate in post-draw promotions such as providing a photo and allowing Delaney Secure to publish your details on our website or other promotional materials. When you enter a contest or drawing you are also included in our newsletter list to receive notice of promotions, specials and new additions to the Delaney Secure site. You may unsubscribe from this news list by following the unsubscribe instructions in any email received.
We use "cookies" to keep track of your current shopping session to personalize your experience and so that you may retrieve your shopping cart at any time.
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Other sites accessible through our site have their own privacy policies and data collection practices. Please consult each site's privacy policy. Our Store is not responsible for the actions of third parties.
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| We will gladly accept the return of products that are defective due to defects in manufacturing and/or workmanship for 30 days from the date of purchase. Fulfillment mistakes that we make resulting in the shipment of incorrect product to you will also be accepted for return 30 days from the date of purchase. |
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| Shipping Time -- Most orders received before 12:00PM will ship the same day, provided the product ordered is in stock. Most orders received after 12:00 PM will ship the next business day. Orders are not processed or shipped on Saturday, Sunday or bank holidays except by prior arrangement.
We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by Delaney Secure or other parties only as an estimate and does not form a condition of our contract, even if you have advised the order is urgent or time sensitive. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.
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| Where possible, our Store shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the same state or country. In the event of any errors in tax calculation, we may request further payment and/or withhold shipment until all monies are paid. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes. |
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| In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Our Store shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Our Store shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Our Store shall immediately issue a credit to your credit card account in the amount of the incorrect price |
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