Conditions of Sale

1) DEFINITIONS
In these conditions

“The Seller” means frequency telecom.

“The Customer” means a party who is a purchaser or potential purchaser of any of the Goods supplied by the Seller”

“The Goods” means the products or services supplied.

“The Price” means the price specified in the Sellers quotation or acceptance of order or otherwise communicated to the Customer. These conditions shall prevail over any other terms or conditions contained or referred.

2) QUOTATIONS
Any quotation given by the Seller does not constitute an offer and may be withdrawn or revised at any time prior to acceptance.

3) ACCEPTANCE OF ORDER
All orders are accepted by the Seller subject to these Conditions of the Sale.

4) THE PRICE
a) The Seller may at any time before delivery increase the Price of the undelivered balance of the Goods by notice in writing to the Customer. In such an event the Customer may within seven days of receipt of such notice by notice in writing cancel the order so far as the undelivered balance of the goods is concerned.

b) Unless otherwise stated on acceptance the Price of Goods shall include standard packaging, but shall exclude insurance and delivery costs of goods which shall be paid for by the Customer in addition to the Price.

c) In all cases Value Added Tax will be added to the price at the rate of the current time.

d) Where the goods are delivered to a destination outside the United Kingdom the price shall exclude taxes and duties payable in the Country to which the Goods are delivered.

5) THE PAYMENT
a) Payment for the Goods shall be in the manner by the Seller on the acceptance of the order.

b) Time of the payment shall be of the essence and failure by the Customer to pay the Price or the agreed installment thereof in due time shall entitle the Seller to treat such failure as a repudiation of the whole Contract by the Customer and requires the Customer to make immediate payment of all monies due or to become due and to recover from the Customer damages for such breach of contact and/or (at the Sellers option) to charge interest at the rate of 5% per annum above the base rate of Barclays bank Plc from due date until payment.

c) In addition to payment of the Price and interest the Customer shall reimburse the Seller for its expenses incurred in collecting overdue payments.

d) Any extension of credit allowed to the Customer may be changed or withdrawn at any time.

6) DELIVERY
a) Unless otherwise specified delivery shall be deemed to take place when the Goods have been delivered to the Customers premises specified by the Customer in the applicable purchase order.

b) All dates and times specified to the Customer for delivery of the Goods are best estimates only and the Seller shall have no liability for losses or other expenses sustained or incurred by the Customer as a result of delay. The Customer shall not be entitled to refuse acceptance of the Goods as a consequence of such a delay.

c) On delivery of the Goods the Customer shall return to the Seller or its authorised carrier an acknowledgement of receipt, the Sellers official despatch note signed and dated by an authorised representative of the Customer. Receipt by the Seller of a signed dispatch note signed in accordance with this sub section shall be absolute and irrevocable proof of delivery and subject to the provisions of paragraph 8 no claim for shortages damages or loss in transit will be accepted or considered.

d) If the Customer does not accept delivery of a consignment of Goods then:-

i) The Seller shall be entitled to claim payment in accordance with the Contract for the Goods refused.
ii) The Goods refused shall be in all respects at the Customers risk
iii) The cost of storing the Goods shall be borne by the Customer
iv) If such failure to accept delivery continues for more than 7 days the Seller shall have the right to terminate the Order by notice in writing whereupon the Seller may sell the Goods and charge the Customer in addition for any shortfall below the Price under the Contract.

7) RETENTION OF TITLE
a) Notwithstanding delivery and the passing of risk:
The title and property in the Goods shall remain with the seller until payment has been made to the Seller by the Customer for the Goods and all other sums due to the seller at the date of delivery of the Goods in full.

b) Notwithstanding this the Seller may sue for payment

Until such time as the title and property of the Goods passes to the Customer the Customer shall hold the Goods as the Seller’s fiduciary agent and shall keep the Goods separate from those of the Customer and third parties and properly stored and protected and insured and identified as the Sellers property.

c) Until such time as the title and property in the Goods passes to the Customer the Seller shall be entitled at any time to enter upon premises where the goods are or thought to be and repossesses the Goods.

8) SHORTAGES AND DAMAGES AND/OR LOSS IN TRANSIT
a) The Customer shall inspect the Goods immediately upon delivery and shall make a note on the despatch note referred to in clause 6 and give separate notice in writing to the Seller within 24 hours of the date of delivery if it is alleged that:

i) The Goods delivered are in any respect not those referred to in the applicable Order or
ii) There is a shortfall in the amount of Goods delivered or
iii) There is any damage to the Goods.

No claim may be made by the Customer after 24 hours from the date of delivery, nor will damaged goods be replaced if found to have been used in any way subsequent to delivery. If the Customer does not give any such notice the Goods shall be conclusively deemed in all respects to be in accordance with the order and the Customer shall deemed to have irrevocably and unconditionally accepted the Goods on delivery.

b) Any Goods in respect of which the Customer makes a claim pursuant to this paragraph shall be kept by the Customer in the state in which they were delivered and at the Customers risk for a period of 30 days from the date of delivery and the Customer shall allow the Seller or its authorised
representative to inspect and recover the same together with all original packaging materials.

c) The Seller will at its sole discretion either replace or repair free of charge any Goods proved to the Seller’s satisfaction to have been lost or damaged in transit up to the moment of delivery and subject to preceding provisions of this paragraph shall replace free of charge any Goods that
were not subject of the applicable Order or complete any shortfall in the amount of the Goods supplied provided the Customer has given written notice to the Seller as provided above.

9) FORCE MAJEURE
Deliveries may be partially or totally suspended by the Seller during any period in which it is prevented from obtaining supply. The Seller may allocate its available supply including those not under Contract as the Seller thinks fit. Deliveries suspended shall be cancelled without liability, but the Contract between parties shall otherwise remain unaffected.

10) INDEMNITY
a) The Customer shall indemnify the Seller in respect of all damage or injury to any person, firm, company or property and against all actions claims and demands, charges or expenses in connection therewith for which the Seller may become liable in respect of the Goods sold under the Contract in the event that the damage or injury shall have been occasioned otherwise than by negligence of the Seller.

b) The Sellers liability in respect of any loss resulting from any defect in any of the Goods be limited to the price of the goods.

11) DEFAULT
The Seller reserves the right (without prejudice to it, other rights and remedies) either to terminate the Contract between the parties or to suspend further deliveries under it or require payment in advance in the event that the Customer fails to pay for any delivery when the same becomes due or if the Customer being a company, goes into liquidation or has receiver appointed or not being a company has a receiving order made against them or enters into any arrangement of compensation with creditors.

12) PATENTS AND TRADEMARK
No representation warranty or indemnity is given by the Seller that the Goods will not infringe any letters patent trademarks, registered designs or other industrial or intellectual rights.

13) ASSIGNABILITY
The Contract of which these conditions form part is personal to the Customer who shall not assign the benefit thereof without the Sellers written consent.

14) PROPERTY LAW
These conditions and the Contract between the parties shall be construed and applied in accordance with the law of England and English courts shall have sole jurisdiction in any dispute relating thereto.

15) WAIVE
In the event of the Seller enforcing any of its rights under the Conditions it shall not be deemed to have waived these rights.

16) CRIME PREVENTION
The Customer undertakes and agrees with the Seller that it will comply with requirements of the Mobile Communications Crime Prevention Scheme established by the Federation of Communications Services Ltd and that it will ensure that parties to all transactions entered into by the Customer comply with the rules of the scheme as amended from time to time. The Customer further agrees to ensure that any business or company that trades with it will be informed of the scheme and that such parties agree to be bound by the scheme.

17) RETURNS
Please contact your account manager for returns policy. Please call 020 8 397 2222