Terms and Conditions
1. Definition
In these conditions “the Seller” means Ashwood Eco Ltd., “the Buyer” means any party to whom this document is addressed and these definitions shall apply whether the transaction is for the supply of goods or for the provision of services or both the supply of goods and the provision of services.
2. Reports and Recommendations
The Seller accepts no liability in respect of any report or scheme submitted to the Buyer where no specific charge is made for such a report recommendation or scheme. Where such a charge is made, the Seller's liability shall be limited as in hereafter provided.
3. Prices
The AshwoodAlerts web based monitoring system
ECM range of monitors was designed to work with the AshwoodAlerts web system therefore it is sold as a package.
a: monitor
The price for the monitor depends on the trigger number i.e. ECM 1 to 8 /T
b: Web licence
The price is dependant on the length of monitoring contract (a minimum 3 three years is required)
c: monitoring contract
The price of a monitoring contract depends on the type of ECM unit and the connection to the web requirements
The standard price list is based on the purchase of these 3 items as a package
a: monitor - b: Web licence - c: monitoring contract
If an ECM unit is purchased without monitoring contract and licence it attracts a premium of £1720
i.e. The monitor cost plus the premium
A signed order must be accompanied by a valid Ashwood Eco Ltd quotation number before an order can be processed or acknowledgment can be given.
4. Payment
All first orders will be processed on a pro-forma basis. Upon completion and full payment an account may be applied for. Account buyers shall pay the full price of the goods to the Seller within 30 days of the date of the Seller's invoice, which the Seller shall be entitled to render when it is able to deliver the goods, even though delivery is in fact delayed through no fault of the Seller. If any sums are not paid on the due date, the Seller shall have the right to claim interest on the outstanding sum at a rate of 8% over Bank of Scotland plc base lending rate from the due date until payment. Should the credit rating of the buyer as stated by our insurers, change in the time between quotation and delivery, we reserve the right to payment in full before delivery of the goods.
5. Delivery
Orders of £500.00 nett value and over will be delivered "carriage paid" to all parts of the UK mainland except the Channel Islands and Scottish Isles. Requests for special transport will be for the Buyer's account.
The Seller accepts no responsibility for any loss or damage resulting from delay in supplying goods or services or for their non-supply, and any dates for delivery shall be regarded as estimated only.
Non-delivery of materials must be reported within 3 days of consignment/invoice date to allow for recovery. Failure to comply may leave this responsibility with the Buyer.
6. Force Majeure
If the supply of goods or services is delayed or prevented by any reason whatsoever outside the reasonable control of the Seller, the period for completion of the contract shall be extended to such an extent as is reasonable having regard to the circumstances.
7. Access
Where the Seller is required to perform work on or to deliver to the Buyer's premises or premises specified by the Buyer, the Seller shall be given uninterrupted access and reasonable facilities during normal working hours (Mon-Fri 8.00am - 4.30pm) for the performance of the contract and the Buyer shall accept delivery of, unload, provide suitable protection for and keep secure all materials and goods delivered from time to time.
8. Risk and Property
Risk in the goods shall be passed to the Buyer on delivery.
Property of the goods shall remain the Seller's until full payment is received.
Payment shall be deemed to have been made when cash has been handed to the Seller or the amount of any cheque has been credited to the Seller's bank account and cleared by the Buyer.
Until such payment the Buyer acknowledges that they are in full possession of the goods as the Seller's bailee. The Buyer shall store the goods separately from their own goods or those of any other person and in the manner which makes them readily identifiable as the Seller's goods and shall endorse a memorandum on the Buyer's accounts referring to the Seller's title in the goods.
If the payment is overdue the Seller may without prejudice to any of their other rights recover and/or resell the goods and the Buyer hereby irrevocably licenses the Seller or their agents to enter upon any premises where they are stored or where they are reasonably thought to be stored for the purpose of recovery and/or resale.
Payment shall become due immediately upon the commencement of any act or proceedings in which the Buyer's insolvency is involved.
In the event of the Buyer purporting to sell the goods to a third party before payment has been made to the Seller any such proceeds of the sale shall be received and held by the Buyer as the Seller's agent. The Buyer therefore acknowledges and agrees to stand in a fiduciary relationship to the Seller and must strictly account to the Seller the proceeds thereof.
9. Plant
Any plant or equipment provided by the Seller in relation to the performance of the Seller's obligations hereunder is provided exclusively for the use of the Seller or its agents and employees and any other person using such plant or equipment does so at the Buyer's risk. The Buyer indemnifies the Seller against any claim made against the Seller in respect of the other use of such plant or equipment other than as aforesaid.
10. Liability
Every sale or contract shall be deemed to include the implied undertakings of as to the title referred to in Section 12 of the Sale of Goods Act 1979.
11. Warranty
Ashwood warranty is valid for 1 year from the date of purchase and is not transferable. See Ashwood Eco Ltd Warranty Terms and Conditions.
12. Site Works
The installation charge allows for 1.5 hours on site
It is the responsibility of the buyer to make sure that the engineer has
Unimpeded access
Supply of access equipment where necessary.
Adequate time to carry out his duties
Commissioning will be carried out during normal working hours 0800-16.30 Monday to Friday excluding bank holidays
The equipment being monitored must be in full working order
Protection - The Seller does not include for the protection of works at any stage during the contract or on completion, this is to be provided by the Buyer at his expense. Abortive Visits - The Seller shall charge a cancellation fee of £300.00 per day for site attendance if the site is not ready.
No external equipment can be added to the ECM unless previously agreed with Ashwood Eco Ltd in writing.
13. Intellectual Property Rights
The company retains all Intellectual Property Rights for methods, designs, techniques and product use, whether specifically applicable to a particular installation or generally usable across the trade. Ashwood Eco Ltd reserve the right to alter, amend or change any of the information or details shown within this web site or any other publication without prior notice. Ashwood Eco Ltd will not accept liability or responsibility for any errors within this web site and will not accept any claims against the company for incorrect use or specification of product from this web site or any other publication.
14. Minimum Monitoring contract period
The initial period of the monitoring contract is for 3 years and is to be paid annually in advance. Then continues with an annual contract.
15. Termination of monitoring contract
Before the initial 3 years period expires we require a months notice in writing enclosing the SIM card so that we can terminate the contract on that unit.
16. Re connection of a monitoring unit
If the monitor is opened at any time without permission AshwoodAlerts will automatically render the monitor signals inoperable. To reinitiate the system the buyer will have to contact AshwoodAlerts by post/e-mail or fax. There will be a charge for this service.
(THE SIM CARD is the property Ashwood Eco Ltd).
17. Lost SIM cards
It is the buyer’s responsibility to ascertain the whereabouts of Ashwood Eco’s SIM card whilst in his care. If the card cannot be located the contract can be cancelled as per (Item 15).
18. SIM Terms and Conditions
Ashwood Eco Ltd use the Orange network and therefore upon taking out a monitoring contract the buyer is bound by Orange terms and conditions found on www.orange.co.uk/terms.html
19. Excessive Airtime
During the contract period any excessive air time usage as deemed by Ashwood Eco Ltd the user will be notified to and the service will be terminated until a reasonable explanation is given or found. |