Terms
& Conditions 1
INTRODUCTION
1.1 By opening an account with and/or trading with Scotia
Communications Ltd [Scotia] you agree to be legally bound
by these Terms and Conditions.
1.2 The website and our catalogues are designed to assist
you in your ordering of Scotia products ("the Products").
Our website, quotations and either our or our manufacturer’s
catalogues describe the Products in more detail, but Scotia
and manufacturers reserve the right to make changes to the
specification of the Products at any time.
1.3 We make no warranty, express or implied that making the
Products available in any particular jurisdiction outside
the UK is permitted under any law or regulation. You accept
that if you are resident outside the UK, you must satisfy
yourself that you are lawfully able to purchase the Products.
To the extent permitted by applicable law, we accept no liability,
for any costs, losses or damages resulting from or related
to the purchase or attempted purchase of the Products by persons
in jurisdictions outside the UK or who are nominees of or
trustees for citizens, residents or nationals of other countries
2 BUYING PRODUCTS
2.1 Subject to clause 7.8 hereof all orders for Products will
be deemed to be an offer by you to purchase a Product under
these Terms and Conditions which govern the Contract between
us ("the Contract") to the exclusion of all other
terms and conditions and all Products are offered subject
to availability. Acknowledgement of receipt of order shall
not constitute acceptance of an order unless acceptance is
expressly stated in the acknowledgement.
2.2 No variation of these Terms and Conditions shall be binding
unless agreed in writing between our authorised representatives
and you. Our employees or agents are not authorised to make
any representations concerning the Products unless confirmed
by us in writing.
2.3 Manufacturers recommended retail prices may be displayed
in our catalogues and on our website. Our pricing structure
is as agreed with and notified to you by our quotation, whether
verbal or in writing. The price of any Product is the price
in force at the date and time of your order. We may change
the price of any Product before you place an order. We will
inform you if a Product's price is higher than that stated
in your order and you may cancel the order and decide whether
or not to order the Product at the current price. All prices
are subject to the addition of Value Added Tax at the rate
prevailing on the date of the invoice. The amount of any invoice
becomes due at the time of presentation and is payable nett
not later than the 30th day following the date of the invoice.
2.4 We are entitled to refuse any order placed by you. If
the Product you ordered is unavailable, we may provide to
you a substitute of an equivalent quality and price without
notice. ("Substitute Product").
2.5 You undertake that all details you provide to us for the
purpose of purchasing Products will be correct. We reserve
the right to obtain validation of your credit, debit or purchasing
card details before providing you with any Products. Time
of payment shall be of the essence of the Contract.
2.6 You are responsible for complying with any legislation
or regulations governing the import and export of the Products
into the country of destination and/or the payment of any
applicable duties.
2.7 No order which has been accepted by Scotia may be changed
or cancelled by you except with Scotia’s written agreement
and on terms that you will indemnify Scotia in full against
all loss (including loss of profit), costs (including the
cost of all labour and material used), damages, charges and
expenses incurred by Scotia as a result of the cancellation.
3 RETURNS
3.1 Goods (stock items) supplied by Scotia cannot be accepted
for return without prior agreement and an authorised returns
number attached with the goods.
3.2 Returned goods (stock items) may be subject to a handling
charge at your expense.
3.3 Any goods (stock items) returned must be in original unmarked
condition and packaging. Packaging that has been defaced,
written on, damaged or marked in any way cannot be accepted
for return.
3.4 Goods (non stock items) ordered specially on your behalf
are strictly non-returnable and non-refundable.
3.5 If:
3.5.1 the Product delivered is not a Substitute Product and
is not what you ordered; or
3.5.2 the Product delivered is not fit for purpose.
we will, subject to availability, deliver to you a replacement
Product or refund to you the price paid.
3.6 Any claim by you which is based on any defect in the quality
or condition of the Products or their failure to correspond
with specification should be notified to us within 3 working
days of delivery or (where the defect or failure was not apparent
on reasonable inspection) within a reasonable time after discovery
of the defect or failure. If delivery is not refused, and
you do not notify us accordingly, you will not be entitled
to reject the Products and we shall have no liability for
such defect or failure, and you will be bound to pay the price
as if the Products had been delivered in accordance with the
Contract.
3.7 Where any valid claim in respect of any of the Products
which is based on any defect in the quality or condition of
the Products or their failure to meet specification is notified
to us in accordance with these conditions, we shall be entitled
to replace the Products (or the part in question) free of
charge or, at our sole discretion, refund to you the price
of the Products (or a proportionate part of the price), but
we shall have no further liability to you.
3.8 In the event of a cancellation all equipment must be returned
to Scotia in “as new” condition which failing
you will be responsible for immediate replacement cost of
any damaged or missing product or item at full retail value.
3.9 Any unusual circumstances which are unusual to do with
areas of mobile network coverage or coverage of your office
buildings will be required to be highlighted to Scotia which
failing your right to cancel as a right of signal defect will
not apply.
3.10 If you cancel the contract with any mobile network then
Scotia retains the right, if they so wish, to handle any transactions
required in removing you from the cancelled contract and in
placing you with another mobile network.
3.11 If you cancel the contract with any mobile network then
Scotia retains the right and title to any supplied mobile
handset which must be returned to Scotia in “as new”
condition, subject to fair wear and tear, which failing you
will be responsible for immediate replacement cost of any
damaged or missing product or item at full retail value.
3.12 If you have any complaints, you should direct them to
us by email at Enquiries@scotia-communications.com or by post
at Scotia House, Carmyllie, Arbroath, DD11 3SB.
4 DELIVERY
4.1 Delivery of the Products shall be made by us delivering
the Products to your address for delivery in the United Kingdom.
Risk of damage, breakage or loss of the Products shall pass
to you on delivery.
4.2 Any dates quoted for delivery of the Products are approximate
only and we shall not be liable for any delay in delivery
of the Products howsoever caused.
4.3 Delivery is normally free of charge, but we reserve the
right from time to time to impose delivery or insurance charges
which will be notified to you when your order is accepted.
4.4 Where the Products are to be delivered in instalments,
each delivery shall constitute a separate Contract and failure
by us to deliver anyone or more of the instalments in accordance
with these Terms and Conditions or any claim by you in respect
of anyone or more instalments shall not entitle you to treat
the Contract as a whole as repudiated.
4.5 If we fail to deliver the Products for any reason other
than any cause beyond our reasonable control or your fault,
and we are accordingly liable to you, our liability shall
be limited to the excess (if any) of the cost to you (in the
cheapest available market) of similar products to replace
those not delivered, over the price of the Products.
4.6 If you fail to take delivery of the Products or fail to
give us adequate delivery instructions at the time stated
for delivery (otherwise than by reason of any cause beyond
your reasonable control or by reason of our fault) then, without
prejudice to any other right or remedy available to us, we
may:
4.6.1 store the Products until actual delivery and charge
you for the reasonable costs (including insurance) of storage;
or
4.6.2 sell the Products at the best price readily obtainable
and (after deducting all reasonable storage and selling expenses)
account to you for the excess over the price under the Contract
or charge you for any shortfall below the price under the
Contract.
4.7 Any notification of shortages or damaged Products must
reach us within three days from delivery.
5
INFORMATION YOU PROVIDE
5.1 The following applies for any information you provide
to us, for example during any account opening or ordering
process:
5.1.1 You authorise us to use, store or otherwise process
any personal information which relates to and identifies you,
including but not limited to your name and address, to the
extent reasonably necessary to provide the services which
are available through our website by us or our sub-contractors.
If you obtain or choose to buy Products through our website
then we may collect information about your buying behaviour
and if you send us personal correspondence such as e-mails
or letters then we may collate this information in a file
specific to you. All such information collected by us shall
be referred to in these terms and conditions as "Personal
Information".
5.1.2 You must ensure that the Personal Information you provide
is accurate and complete and that all ordering or registration
details (where applicable) contain your correct name, address
and other requested details.
5.2 By accepting these Terms and Conditions, you agree to
the processing and disclosure of the Personal Information.
You also agree that the purpose for collating and retaining
such information may be amended to include other uses or disclosures
of Personal Information following notification to you by means
of a notice on our website, which you should check regularly.
If you would like to review or modify any part of your Personal
Information then you should e-mail us at Enquiries@scotia-communications.com
or write to us at Scotia House, Carmyllie, Arbroath, DD11
3SB.
6 WARRANTY AND LIABILITY
6. 1 All descriptions, illustrations, sizes, weights and capacities
within the catalogues and website are given as a guide only
and Products will not necessarily conform in absolute detail.
6.2 Goods are sold subject to title not passing until full
payment has been received by us.
6.3 Under no circumstances will we be responsible for any
damages or financial or direct or indirect consequential losses
incurred by you in relation to any service provided by us
or our nominees, howsoever caused.
6.4 In circumstances where you suffer loss or damage arising
out of or in connection with the viewing, use or performance
of our website or its contents, we accept no liability for
this loss or damage whether due to inaccuracy, error, omission
or any other cause and whether on our part or on the part
of our servants, agents or any other person.
6.5 If we are liable to you for any reason, our liability
will be limited to the amount paid by you for the Product
concerned. This limit does not apply to any liability we may
have for death or personal injury resulting from our negligence.
6.6 If you are ordering on-line, you are responsible for ensuring
that your computer system meets all relevant technical specifications
necessary to use our website and is compatible with our website.
We do not guarantee or warrant that any material available
for downloading from our website will be free from infection,
viruses and or other code that has contaminating or destructive
properties. You are responsible for implementing sufficient
procedures and virus checks (including anti-virus and other
security checks) to satisfy your particular requirements for
the accuracy of data input and output.
6.7 Subject as expressly provided in these Terms and Conditions,
and except where Products are sold to a person dealing as
a consumer (within the meaning of the Unfair Contract Terms
Act 1977), all warranties, representations, endorsements,
conditions or other terms implied by statute or common law
are excluded to the fullest extent permitted by law.
6.8 We shall not be liable to you or be deemed to be in breach
of the Contract by reason of any delay in performing, or any
failure to perform, any of our obligations in relation to
the Products, if the delay or failure was due to any cause
beyond our reasonable control including (but without limitation)
strikes, lockouts or other industrial actions or trade disputes.
6.9 We shall not be liable for and you shall indemnify and
hold us harmless against any claim by or loss or damage to
any third party or third party's property directly or indirectly
occasioned by or arising from the use or possession of the
Products.
6.10 Your right to set off any sums due by you on whatever
basis against sums due by us is specifically excluded.
6.11 The limitations and exclusions in this Clause 6 only
apply to the extent permitted by applicable law.
7 GENERAL
7.1 We may assign, novate or sub-contract any or all of our
rights and obligations under these Terms and Conditions at
any time.
7.2 We may alter these Terms and Conditions from time to time
and make the new version available on our website and or by
other means.
7.3 These Terms and Conditions together with any order form
and payment etc., method instructions, if any, are the whole
agreement between you and us. You acknowledge that you have
not entered into this Contract in reliance upon any warranty
or representation made by us or any other person and you waive
any rights to damages/ rescission you may have for misrepresentation
(other than a fraudulent misrepresentation) that is not contained
in the Terms and Conditions, order form and payment method
instructions etc.
7.4 If any provision or term of these Terms and Conditions
shall become or be declared illegal, invalid or unenforceable
for any reason whatsoever, such term or provision shall be
divisible from the other Terms and Conditions and shall be
deemed to be deleted from them.
7.5 These Terms and Conditions, your use of our website and
any Contract formed by us are governed by Scots law and you
submit to the non-exclusive jurisdiction of the Scottish court.
7.6 Neither of us will be held liable for any failure to perform
any obligation to the other due to causes beyond your or our
respective reasonable control.
7.7 Failure by either party to exercise any right or remedy
under this Contract does not constitute a waiver of that right
or remedy.
7.8 In the event of your entering into a Contract with Scotia
and Scotia in turn organising that the Contract for your line
rental, call traffic or mobile phone or any other service
should be contracted directly with one of Scotia’s partners
then by your execution hereof you are understood
to agree that in such circumstances you will be bound both
by the terms and conditions of this Agreement and also the
separate terms and conditions of one of Scotia’s partners.
8
NOTICES
8.1 All notices shall be given:
8.1.1 to us by e-mail at Enquiries@scotia-communications.com
or by post at Scotia House, Carmyllie, Arbroath, DD11
3SB.
8.1.2 to you at either the email or postal address you provide
during any ordering process.
Notices will be deemed received when an e-mail is received
in full (or else on the next business day if it is received
on a weekend or a public holiday at the place of receipt)
or 3 days after the date of posting.
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