1. These Conditions
In these terms & conditions the words “the Customer” shall mean the person, partnership, firm or company purchasing or agreeing to purchase goods or services from Bowe Digitl:access Ltd. The words “these Conditions” shell mean the terms and conditions of sale as set out herein, the words “the Goods” shall mean the subject matter of the contract including but not limited to all equipment, goods, software licences, services and repairs supplied to the Customer by Bowe Digitl:access Ltd and the word “Order” shall mean a Purchase Order issued to Bowe Digitl:access Ltd by the Customer on their official purchase order stationery or a Bowe Digitl:access Ltd Proposal document which has been signed by an authorised person and returned to Bowe Digitl:access Ltd in original form, in fax form or by electronic means. A contract will only come into being upon acceptance by Bowe Digitl:access Ltd of the Order and the following conditions shall be deemed to be incorporated in the Contract.
No cancellation of the Order by the Customer shall be valid unless made in writing and accepted in writing by Bowe Digitl:access Ltd.
The Contract will be subject to these Conditions. All terms and conditions appearing or referred to in the Order or otherwise stipulated by the Customer shall have no effect unless expressly accepted in writing by a director of Bowe Digitl:access Ltd.
2. Website Trading
Bowe Digitl:access Ltd will accept orders from its Websites on a business to business trading basis only, orders will not be accepted from consumers.
3. Price
The Customer shall pay for the goods in full in accordance with the payment terms specified on the proposal. Where no terms are quoted the credit terms currently in force between the Customer and Bowe Digitl:access Ltd shall apply.
4. Settlement Terms
Payment must be made in accordance with the terms applied for the Order. Bowe Digitl:access Ltd reserves the right to suspend or cancel further deliveries either under this contract or any other contract which the Customer may have with Bowe Digitl:access Ltd unless and until the payment is received. This will include any support contracts in place.
5. Reservation of the Title
Although goods supplied by Bowe Digitl:access Ltd to the Customer shall be at the Customer’s risk immediately on delivery to the Customer, and the Customer hereby undertakes to insure the goods accordingly in the joint names of Bowe Digitl:access Ltd and the Customer, the property in the goods shall not pass from Bowe Digitl:access Ltd to the Customer until the goods have been paid for in full.
Until the property in the goods passes from Bowe Digitl:access Ltd to the Customer as aforesaid the Customer shall hold the goods as bailey of Bowe Digitl:access Ltd.
6. Delay
Unless specifically agreed otherwise in writing by Bowe Digitl:access Ltd any delivery notified by Bowe Digitl:access Ltd to the Customer is an estimate only and Bowe Digitl:access Ltd will not be liable for the consequences of any delaying fulfilling the Customer’s order.
Goods may be delivered by carriers over whom Bowe Digitl:access Ltd has no control and therefore Bowe Digitl:access Ltd, subject to the provisions hereinafter contained, shall not be liable for the consequences of any delay in or damage sustained during transit.
7. Customer Delay
Bowe Digitl:access Ltd reserves the right to raise invoices for goods available for supply on the agreed delivery date, should Bowe Digitl:access Ltd not be permitted to carry out the agreed work as a result of your not being in a position to accept delivery. The invoice thus raised will be payable on the agreed order terms as if the installation/work had been carried out on the due date.
8. Defective Goods and Consequential Loss
If the goods shall prove defective or otherwise not of a merchantable quality, Bowe Digitl:access Ltd will replace them or at Bowe Digitl:access Ltd’s absolute discretion refund the purchase price.
It is in every instance for the buyer to satisfy himself that the goods are fit and suitable for the purpose for which he requires them. Save as set out in 8. all warranties and conditions express or implied, statutory or otherwise, as to the quality or fitness for any purpose of the goods are expressly excluded and no warranty, condition, description or representation is to be taken as having been given or implied by anything said or written by or on behalf of Bowe Digitl:access Ltd on or prior to the goods being ordered.
Without prejudice to the generality of 8. it is expressly agreed and understood by the Customer that Bowe Digitl:access Ltd’s liability in respect of defective or otherwise unmerchantable goods shall under no circumstances whatsoever extend beyond the price paid for such goods; in particular Bowe Digitl:access Ltd shall not be liable for any damage to property nor any consequential loss whatsoever nature, howsoever caused, arising out of any defect in the goods, or from their failure to correspond to any description or representation or from their unsuitability for any purpose.
Defects in or damage to goods delivered or loss of goods in transit shall not be cancelled by the Customer of the remainder of any order or contract.
9. Training & Consultancy
A minimum of one week’s notice is required in writing to cancel an agreed training or consultancy date. Any shorter notice may result in a charge for the day’s activity.
10. Performance of Systems
Where software is to be loaded to equipment not supplied by Bowe Digitl:access Ltd then no guarantees are made as to the performance of the software on such equipment and the loading and commissioning of the system can only be undertaken on a time and materials basis and invoiced accordingly.
Bowe Digitl:access Ltd cannot accept liability for the failure or non-working of any hardware or software installed caused by the Customer’s equipment where the equipment has not been installed or checked and approved by Bowe Digitl:access Ltd.
After installation of systems the Customer will be required to sign to indicate their acceptance that work has been performed satisfactorily. Bowe Digitl:access Ltd will retain this document and any other appropriate evidence that work has been performed correctly. Where Bowe Digitl:access Ltd is required to carry out remedial work because of alterations to systems which have not been carried out by Bowe Digitl:access Ltd, (e.g. the Customer or another of their suppliers or agents has loaded additional software or hardware causing disruption of the system) then Bowe Digitl:access Ltd will charge for the remedial work. This work will not be covered under the terms of any Warranty, Maintenance Contract or Service Contract.
11. Patents and Intellectual Property Rights
Patents and Intellectual Property Rights of any systems developed by Bowe Digitl:access Ltd for a Customer remain with Bowe Digitl:access Ltd.
12. Software Licences
Software is licenced not sold, and is supplied subject to the acceptance by the customer of the software licence agreement.
13. Relationship with Suppliers
Any offer is made on the clear understanding that Bowe Digitl:access Ltd, though committed to its close working relationship with its Suppliers, is an independent contractor and is not, nor does it represent itself to be, an employee, partner, franchisee or agent of any of its Suppliers.
14. Invalidity
The invalidity, illegality or unenforceability of any provision of these conditions should not affect the other conditions.
15. Law and Jurisdiction
The Conditions shall be governed by and construed in accordance with English Law and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.
VAT Registration Number: 556258029
Company Registration Number 2925544