1. The conditions stated below form a legal agreement between DOT-COMmunications and our customers. If you use any service provided by or affiliated with DOT-COMmunications including the purchase of goods, you are legally bound by this agreement. By using or continuing to use DOT-COMmunication's services, you are automatically agreeing to all the terms irrespective of the mode or manner you employed when ordering our services.
2.1 DOT-COMmunications will provide its customers with either a stated price or a written quotation. Orders over £200 will only be processed after acceptance of a quote in writing or by electronic mail, which in turn implies acceptance of our Conditions of Use.
2.2 No variation (including any special terms and conditions agreed between the parties) shall apply unless agreed in writing by DOT-COMmunications.
2.3 DOT-COMmunication's employees or agents are not authorised to make any representations concerning the goods unless confirmed by DOT-COMmunications in writing. In entering into the contract the customer acknowledges that it does not rely on such representations which are not so confirmed, but nothing in these conditions affects the liability of either party for fraudulent misrepresentation.
2.4 Any advice or recommendation given by DOT-COMmunications or its employees or agents to the customer on the storage, use or application of the goods which is not confirmed in writing by DOT-COMmunications is followed or enacted on entirely at the customer's own risk, and according to the DOT-COMmunications shall not be liable for any such advice or recommendation which is not so confirmed.
2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance offer, invoice or other document or information issued and supplied by DOT-COMmunications shall be subject to correction without any liability on the part of DOT-COMmunications.
3.1 No order submitted by the customer shall be deemed to be accepted by DOT-COMmunications unless and until confirmed in writing (including by email) by DOT-Communication's authorised representative.
3.2 The customer shall be responsible for ensuring the accuracy of any order (including any applicable specification or necessary information) submitted to DOT-COMmunications.
3.3 The quantity, quality and description of the goods and any specification for them shall be as set out in DOT-Communication's quotation. We do reserve the right to vary the item ordered in the event of non-availability provided there is no substantial alteration in the functionality or cost of the alternative product.
3.4 If any goods are to be built to order or undergo any process by DOT-COMmunications in accordance with a specification submitted by the customer, the customer shall indemnify the DOT-COMmunications against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred.
3.5 DOT-COMmunications reserves the right to make any changes in the specification of the goods which are required to conform with any applicable statutory or E.U. requirements provided it does not materially affect their quality or performance.
4.1 The price payable for the goods shall be the price stated in DOT-Communication's quote or, where no price has been quoted (or the quoted price is no longer valid), the price payable for the goods as noted in DOT-Communication's published price list at the date of acceptance of the order.
4.2 All quotes, unless otherwise stated, are valid for a maximum of 7 days and are subject to stock availability. Once the stated time has been exceeded they may be altered without giving notice to the customer.
4.3 DOT-COMmunications reserves the right, by giving written notice to the customer at any time before delivery, to increase the price of the goods to reflect any increase in the cost to DOT-COMmunications which is due to any factor beyond the control of DOT-COMmunications (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the goods which is requested by the customer, or any delay caused by any instructions of the customer or failure of the customer to give DOT-COMmunications adequate information or instructions.
4.4 Except as otherwise stated in DOT-COMmunication's written quotation or price list, and unless otherwise agreed in writing between the customer and the DOT-COMmunications, all prices are given by the DOT-COMmunications on an ex works basis, and where the DOT-COMmunications agrees to deliver the goods otherwise than at the DOT-Communication's premises, the customer shall be liable to pay the DOT-Communication's charges for transport, packaging and insurance.
4.5 Payment of the price and any other applicable costs shall be due upon issue of the invoice or as otherwise stated on the invoice and will be due within 30 days of issue of an invoice. Any dispute over an invoice must be raised within 7 days of receipt. Payment must be made by cash, cheque or BACS transfer only. Failure to pay within 30 days may lead to further action being taken.
4.5 DOT-COMmunications shall be entitled to charge interest on overdue invoices from the date when payment becomes due until the date of payment at a rate of 3% above the base rate of the Bank of England from time to time. The DOT-COMmunications reserves the right to look to the customer for full reimbursement of any legal bank or court fees and charges reasonably incurred in obtaining full payment for goods or in employing another party to obtain such payment.
4.6 If payment of the price or any part thereof is not made by the due date, the DOT-COMmunications shall be entitled to:
4.6.1 Require payment in advance of delivery in relation to any goods not previously delivered;
4.6.2 refuse to make delivery of any undelivered goods; or
4.6.3 terminate the contract.
4.7 Any payments made under the Contract shall be made in cleared funds and in £ sterling.
4.8 All payments shall be made on the date when it falls due without deductions, set-off, counterclaim or abatement, whether arising from the same or other contract of sale.
Any description given or applied to the goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the customer hereby affirms that it does not in any way rely on any description when entering into the contract.
The customer is responsible for ensuring that the goods are fit for their intended purpose.
7.1 Unless otherwise agreed in writing, delivery of the goods shall be made by the customer collecting the goods at DOT-Communication's premises at a specified time after the customer has been notified that the goods are ready for collection.
7.2 The dates of delivery specified by DOT-COMmunications are approximate only and we shall not be liable for any delay in delivery of the goods however caused. Time for delivery shall not be of the essence of the contract.
7.3 If DOT-COMmunications is unable to deliver the goods (or any instalment) for any reason other than any cause beyond their reasonable control or the customer's fault, and we are accordingly liable to the customer, that liability shall be limited to the excess (if any) of the cost to the customer (in the cheapest available market) of similar goods to replace those not delivered over the price of the goods.
7.4 If the customer fails to take delivery of the goods or fails to give the DOT-COMmunications adequate delivery instructions at the time stated for delivery (otherwise than by reason of cause beyond the reasonable control of the customer) then without limiting any other right or remedy available to DOT-COMmunications, we may:
7.4.1 store the goods until actual delivery and charge the customer for the reasonable costs (including insurance) of storage; or
7.4.2 sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the customer for the excess over the price under the contract or charge the customer for any shortfall below the price the contract.
7.5 The customer shall inspect the goods immediately upon delivery and shall within 7 days from the date of arrival of the Goods give written notice to DOT-COMmunications of any matter or thing by reason whereof the customer alleges the goods are not in accordance with contract. If the customer shall fail to give notice as aforesaid, the goods shall be deemed to be in all respects in accordance with the contract and the customer shall be bound to accept and to pay for the same accordingly.
7.6 The customer has the right to cancel an order which does not contain items personalised or licensed within 7 working days. If you wish to cancel your order you must do so in writing or by email within 7 working days of receiving the goods. The goods must be unopened and in the original packaging, with all the seals intact. All goods are inspected on arrival and refunds will not be issued if the goods are not in this condition. They must be in a re-saleable condition and must be returned to us at your expense. We will refund the total amount paid for the goods, less any delivery and collection charges, within 30 days of receiving the returned goods. This right does not apply to non-transferable or customised products such as some forms of software licensing.
8.1 Risk of damage to or loss of the goods shall pass to the customer:
8.1.1 in the case of goods to be delivered at DOT-Communication's premises, at the time when the DOT-COMmunications notifies the customer that the goods are available for collection; or
8.1.2 in the case of goods to be delivered otherwise than at DOT-Communication's premises, at the time of delivery or, if the customer wrongfully fails to take delivery of the goods, the time when the DOT-COMmunications has tendered delivery of the goods.
8.2 Notwithstanding delivery and the passing of risk in the goods, or any other provision of these Conditions, the property in the goods shall not pass to the customer until DOT-COMmunications has received in cash or cleared funds payment in full of the price of the goods as agreed to be sold by DOT-COMmunications to the customer for which payment is then due.
8.3 Until such time as the property in the goods passes to the customer (and provided the goods are still in existence), DOT-COMmunications may at any time require the customer to deliver up the goods to the DOT-COMmunications and, if the customer fails to do so forthwith, enter on any premises of the customer or any third party where the goods are stored and repossess them.
8.5 Reselling. We do not provide goods intended for resell to a third party. Selling on any goods purchased from or through us during the 90 day warranty will automatically render all such warranties null and void.
9.1 Subject as expressly provided in these Terms, and except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, condition or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
9.2 Where the goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the customer are not affected by these Terms.
9.3 Except in respect of death or personal injury caused by DOT-Communication's negligence, or liability for defective products under the Consumer Protection Act 1987, DOT-COMmunications shall not be liable to the customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, lost expenses, or other claims for compensation whatsoever (whether caused by the negligence of DOT-COMmunications, its employees or agents or otherwise) which arrive out of or in connection with the supply of goods (including any delay in supplying or any failure to supply the goods in accordance with the Contract or at all) of their use or resale by the customer, and the entire liability of the DOT-COMmunications shall not exceed the price of the goods, except as expressly provided these Conditions.
9.4 Customers who wish to make a warranty claim against new goods must comply with the manufacturer's instructions and warranty procedure. DOT-COMmunications reserves the right to refer you directly to the product manufacturer in such cases and will provide you with the contact information for the relevant manufacturer. The warranty does not apply if the goods have been altered or damaged in any way by the customer or its employees or agents, or goods not used in accordance with the manufacturer's instructions.
9.5 Subject to the right of consumers to return goods for refund under The Consumer Protection Regulations 2000, DOT-COMmunications does not sell products on a trial basis. Customers are strongly advised to familiarise themselves with the product specifications or raise questions based thereon before placing an order. Any failure to identify the appropriate product for the purchasers' needs - whether of a technical or a presentational nature - lies strictly with the client.
10.1 This clause applies if:
10.1.1 the customer makes a voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
10.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the customer; or
10.1.3 the customer ceases, or threatens to cease, to carry on business; or
10.1.4 DOT-COMmunications reasonably apprehends that any of the events mentioned above is about to occur in relation to the customer and notifies the customer accordingly.
10.2 If this clause applies then, without limiting any other right or remedy available to DOT-COMmunications, we may cancel the contract or suspend any further deliveries under the contract without any liability to the customer, and if the goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangements to the contrary.
DOT-COMmunications shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the DOT-COMmunications shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the DOT-COMmunications considers unreasonable, it may, without liability on its part, terminate the contract.
The contract between the customer and DOT-COMmunications for the sale of the goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the customer, without the prior written consent of the DOT-COMmunications.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
16.1 A notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
16.2 No waiver by DOT-COMmunications of the breach of the conditions by the customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
16.3 If any provision of the conditions is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the contract and the remainder of the provision in question shall not be affected.
