Terms and Conditions
In these terms and conditions, the name EKS Office Equipment shall mean EKS Office Equipment. The words ‘the Customer’ shall mean the company, firm or person accepting or agreeing to accept the supply of products or services from. The word ‘Goods’ shall mean all products purchased from EKS Office Equipment as detailed and specified on the invoice and or delivery note. The ‘Contract’ means the contract between the Customer and EKS Office Equipment for the sale and purchase of the Goods and includes these Conditions, the Order, EKS Office Equipment’s Customer Return Policy and the Account Application Form.
2. PRODUCTS AND SERVICES
2.1 Subject to the warranty contained in Clause 6, all descriptions, drawings and particulars relating to the goods in any catalogues, leaflets, brochures or other documents are for illustrative purposes only and do not form part of the agreement between EKS Office Equipment and the Customer, all representations as to performance of the goods are based on information supplied by the manufacturer of the Goods and relate to their performance in normal conditions and when used correctly.
2.2 Unless otherwise expressly agreed, Goods supplied will be in accordance with manufacturer’ s normal designs and specifications current at the date of manufacture or delivery. The supply by EKS Office Equipment of Goods differing from any contractual or pre-contractual specifications or descriptions shall not be in breach of the agreement between EKS Office Equipment and the Customer insofar as the Goods are of approximately equivalent performance to the Good referred to in such specification or descriptions.
3. DELIVERY AND RISK
3.1 The time for delivery of the Goods shall not be of the essence. Dates agreed for delivery are estimates only and a failure by EKS Office Equipment to comply with them shall not be a breach of these Conditions.
3.2 Risk of damage or loss to the Goods passes to the Customer at the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when EKS Office Equipment has tendered delivery of the Goods.
3.3 Unless otherwise agreed by EKS Office Equipment and the Customer in writing, delivery of the Goods will be deemed to have been:
3.3.1 Where EKS Office Equipment appoints a carrier to effect delivery on its behalf, at the time the carrier commences loading of the Goods onto their vehicle.
3.3.2 Where the Customer has arranged to collect the Goods from EKS Office Equipment’ s premises, at the time the Goods are picked up.
3.4 The Customer is required to inspect the Goods on receipt and to notify EKS Office Equipment of any defects or complaints within 24 hours of receipt.
4.1 The property in the Goods shall not pass to the Customer until the full price of the Goods has been received by EKS Office Equipment in cash or cleared funds.
4.2 Until such time as the price of all such Goods has been paid, as described in Clause 4.1, the Customer:
4.2.1 Shall hold the Goods owned by EKS Office Equipment in the Customer’ s possession and control as EKS Office Equipment’ s fiduciary agent and bailee (but, for the avoidance of doubt, shall not resell the Goods as the agent of EKS Office Equipment;
4.2.2 Shall keep the Goods separate from those of EKS Office Equipment and third parties and properly stored, protected and insured; and
4.2.3 Shall store the Goods so as to be identifiable as the property of EKS Office Equipment and shall keep such records so that it is clear whether or not the Customer has paid EKS Office Equipment for the Goods and which of EKS Office Equipment’ s invoices was issued in respect of the Goods.
4.3 Until such time as property in the Goods passes to the Customer:
4.3.1 The Goods shall be handed over to EKS Office Equipment on demand and EKS Office Equipment shall be entitled to retake possession of them without prejudice to any of its other rights against the Customer and EKS Office Equipment is hereby granted a license to enter into the premises of the Customer for the purpose of recovering such Goods.
4.3.2 The Customer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of EKS Office Equipment. Without prejudice to the other rights of EKS Office Equipment, if the Customer does so all sums whatever owing by the Customer to EKS Office Equipment shall become immediately due and payable.
PRICE AND PAYMENTS
5.1 The Customer agrees to purchase the Goods from EKS Office Equipment and EKS Office Equipment agrees to sell the Goods to the Customer at the price described in Clause 5.2.
5.2 The price of the Goods shall be the same as the quoted price as agreed between the Customer and EKS Office Equipment and which may be confirmed in writing to the Customer or, where the price has not been quoted, the price list on the Website.
5.3 EKS Office Equipment reserves the right, by giving notice to the Customer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to EKS Office Equipment which is due to any factor beyond its control, including but without limitation any increases in costs due to market fluctuations, any change in delivery dates, quantities or specifications for the Goods which is requested by the Customer or failure of the Customer to give EKS Office Equipment adequate information or instructions.
5.4 Unless otherwise agreed in writing between EKS Office Equipment and the Customer, the price of the Goods is exclusive of Value Added Tax or any similar taxes levies or duties which will be added to or charged on invoices at the appropriate rates.
6. WARRANTY AND LIMITATIONS OF LIABILITY
THE CUSTOMER’ S ATTENTION IS DRAWN IN PARTICULAR TO THE PROVISIONS OF THIS CLAUSE 6
6.1 EKS Office Equipment warrants that the Goods will be of satisfactory quality and fit for the purpose for which they were supplied.
6.2 Except as expressly provided in this Agreement EKS Office Equipment excludes all representations, warranties, conditions and other terms implied by statute, common law, or otherwise to the fullest extent permitted by law. EKS Office Equipment will endeavour to pass on to the Customer the benefit of any guarantees or indemnities given to it by its supplier.
6.3 If, notwithstanding the above, EKS Office Equipment is found liable for any loss or damage suffered by the Customer, its aggregate liability shall in no event exceed the price of the Goods the subject of the claim and without prejudice to the above, shall not be liable for any indirect, special or consequential loss, losses sustained in the ordinary course of business, loss of profit, loss of business, depletion of goodwill, loss of business opportunity, revenue, contracts or loss of savings whatsoever.
6.4 Clause 6.2 and 6.3 shall not apply to sales which are made to persons who deal as consumers (as that expression is defined in Section 12 of the Unfair Contract Terms Act 1977) unless the Contract is an international supply contract (as defined in Section 26 of that Act).
6.5 Nothing in these conditions shall apply to exclude or limit any liability to the Customer in respect of:
6.5.1Fraud, fraudulent misrepresentation; or
6.5.2Death or personal injury of the Customer caused by EKS Office Equipment’ s negligence; or
6.5.3 The terms as to title and quiet possession implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or
6.5.4Liability for defective products under the Consumer Protection Act 1987; or
6.5.5 The terms as to Goods corresponding with their description or sample implied by Section 13 and Section 15 respectively of the Sale of Goods Act 1979 where the Customer deals as a consumer (as defined in Section 12 of the Unfair Contract Terms Act 1977).
7.1 EKS Office Equipment has the discretion (which it may exercise as it wishes) to except the return of any Goods supplied to and to issue a credit note in respect thereof. Any request by the Customer to EKS Office Equipment to exercise such a discretion must be made in accordance with and within the time periods set out in Clause 8 and is subject to the provisions of this Clause 7.
7.2The items to be returned are in their original inner and outer packaging and none of the packaging shall have been written upon, taped or had permanent labels attached.
7.3 The items to be returned are in otherwise satisfactory and merchantable condition and may be resold at the same price that would have been paid by the Customer.
7.4 The items to be returned are of a type distributed by EKS Office Equipment at the time of the claim.
7.5 In the case of electronic office machines the Customer has a likely remedy against the manufacturer thereof.
7.6 In the case of computer consumable products, the outer seal has not been tampered with in any way. If the Customer returns such product(s) as faulty, it will only be granted a credit note if the manufacturer of such product(s) accepts that the product has not been misused, over loaded, incorrectly installed or incorrectly stored. In certain circumstances, a faulty evaluation form must be completed by the Customer.
7.7 EKS Office Equipment will not (without prejudice to its discretion in Clause 7.1) accept the return of any electrical items which have been removed from their packaging or any food stuffs or food products.
8. CLAIMS PROCEDURE INRESPECT OF DEFECTIVE GOODS
8.1 EKS Office Equipment must be notified of any claim in respect of any of the Goods alleged to be defective or of any returns or request by e-mail within the time limits set out below for each reason giving rise to a claim.
8.1.1 Where a product was ordered and invoiced but an incorrect product was sent out due to a picking error - within 2 working days.
8.1.2 Where a product has a manufacturing fault or a part is missing or there is some other problem totally attributable to the manufacturer - within 4 working days.
8.1.3 Where a product has been damaged in delivery of that item - within 1 working day (if the damaged is evident upon receipt, a note to that effect should be made on the carrier delivery sheet so as to enable EKS Office Equipment to make a successful claim, or if noticed after delivery, the carrier should be notified prior to contacting EKS Office Equipment).
9. OTHER CLAIMS
Claims in respect of any other matter other than as described in Clauses 6 to 8 above must be made by e-mail and received by EKS Office Equipment within 10 working days of the date of the invoice relating to the Goods the subject of the claim.
10. FORCE MAJEURE
EKS Office Equipment shall have the right to cancel, or to reduce the volume of Goods delivered, or to delay delivery if it is prevented from or hindered in delivery of the Goods through any circumstances beyond its control (affecting either itself or any other party) including (but not limited to) industrial action, war, fire, prohibition or enactment of any kind, lock-out or trade dispute, without incurring any liability for any loss or damage whatsoever resulting therefrom.
The failure of either party to enforce or to exercise, at any time or for any period of time, any terms of or any right arising pursuant to the agreement does not constitute and shall not be construed as a waiver of such terms or right and shall in no way affect either party’ s right later to enforce or exercise it. Any express waiver of any breach of the Agreement shall not be deemed to be a waiver of any subsequent breach.
The invalidity or enforceability of any term of, or any right arising pursuant to, the contract shall not in any way affect the remaining terms or rights which shall be construed as if such invalid or unenforceable term or right did not exist.
The Agreement is personal to the Customer and EKS Office Equipment and neither party may assign, transfer, sub-contract or otherwise part with the Contract or any right or obligation under it without the other party’ s prior written consent.
14. DATA PROTECTION
EKS Office Equipment may use and the Customer agrees that it may use and disclose personal information about the Customer to third parties for the purpose of delivering the Goods to the Customer and processing invoices and statements. In respect of any personal data of the Customer held by EKS Office Equipment, EKS Office Equipment agrees to comply with the provisions of the Data Protection Act 1998. When you place an order on the Website, EKS Office Equipment considers the information you input as private. The information is kept on a secure server protected from outside parties.
15. LAW AND JURISDICTION
These Conditions and the Contract shall be governed by and construed in accordance with English Law and EKS Office Equipment and the Customer hereby submit to the exclusive jurisdiction of the English courts.
TO THE FULLEST EXTENT PERMITTED AT LAW, EKS OFFICE EQUIPMENT IS PROVIDING THIS WEB SITE AND ITS CONTENTS ON AN 'AS IS' BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEB SITE OR ITS CONTENTS INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EKS Office Equipment DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT.