Terms & Conditions of Sale – Firstcom Limited t/as tecwork
Quotations & Proposals
Quotations and proposals are provided without commitment and no contract between the Company and the Customer shall
arise unless and until the Customer places a written order, by means of a purchase order or otherwise, which is accepted by the
Company. Once an order is placed, no cancellation in part or in full can be accepted.
Costs contained in a quotation or proposal are those ruling at the date thereof and are for guidance only. The contract price
shall be the price current and agreed at the time of order placed by the Customer. Unless otherwise stated, prices do not
include VAT, which will be chargeable at the rate ruling at the date of despatch of Goods and/or performance of service
Delivery & Installation
Delivery and installation dates quoted are approximate. Whilst every effort will be made to deliver Goods and service Supplies
by the date quoted, no liability whatsoever is accepted in respect of late deliveries and or installation. All claims in respect of
damaged Goods must be made within 3 working days of delivery and or installation. No claims for damage/shortages will be
accepted after this period, as we are unable to claim from manufacturers or carriers for damages/shortages not so reported.
Any Goods which prove to be faulty within the warranty period will be repaired or replaced, whichever is most practicable. Any
Goods which, when tested, prove not to be faulty will be subject to the policy for non-faulty Goods return.
At the sole discretion of the Company, Goods may be accepted for return subject to a 20% re-stocking charge and provided that
the Goods were not special order Goods. Any such goods accepted must be in the original unopened packaging.
Payment for Goods & Supplies
Unless expressly agreed in writing by the Company, payment for Goods shall be made without any deduction or deferment on
account of any disputes or cross claims whatsoever, on delivery or installation. Account Customers are afforded 30 days credit
from date of invoice for all service and support Supplies. Time for payment shall be of the essence and in the event of delay or
default in any payment for more than 7 days the Company shall be entitled to suspend service and support Supplies together
with any further supplies of Goods.
Property in Goods & Supplies
The property in Goods and Supplies shall not pass to the Customer and the Customer shall keep the Goods and Supplies as
bailee for the Company (returning same to the Company on request) until payment has been made in full. The Customer is not
at liberty to sell the Goods and Supplies and shall safely keep all Goods and Supplies to the order of the Company.
Quality, Condition and Description of Goods
The Company warrants that Goods will conform to contract as defined by the Supply of Goods and Service Act 1982 and the
Sale and Supply of Goods Act 1994 and any subsequent amendments thereto. Upon the Customer giving written notice to the
Company that the Goods supplied do not conform to contract, if the same be established and provided the Customer has not
tampered with the goods , the Company will at its own expense or its option replace or repair such defective goods. The same
Term & Condition shall apply mutatis mutandis in respect of such replacement or repaired Goods. Service and support Supplies
are subject to the Terms & Conditions of their respective Service and Support Agreement to which they relate, whether or not
that Service & Support Agreement has been signed by the Customer.
Replacement or repaired Goods will be the absolute limit of the Company’s liability and the Company will not be liable in any
circumstances whatsoever for any consequential loss or damage of any kind suffered by the Customer or any third party,
howsoever caused, unless the same shall relate to personal injury or death, and only if the same shall arise out of the
Company’s negligence. All service and support Supplies are also subject to this Term & Condition and to waiver by the
customer in respect of any claims for consequential loss. The Customer will also indemnify the Company for any claims for
consequential loss brought by third parties.
Service and Support Supplies
The Company warrants that the service and support carried out by Technical staff, whether employed or nominated third party,
will be completed with reasonable care and skill as defined by the Supply of Goods and services Act 1992 and any subsequent
amendments thereto. Customers should note that, whilst every effort is made to attend with 4 hours of a service and support
request, this is not always possible and cannot be guaranteed. Also Customers should note it is not always possible to rectify a
fault at the first site visit (or remote access intervention, whichever maybe the case) and a further site visit or visits may be
required (or remote access interventions).
The Company may make additional charges for service & support Supplies due to damage and or loss, however caused, by
the Customer in respect of accident, neglect, user error, unauthorised tampering with software programmes or virus infection.
Any written communication or notice under the contract shall be made or given by sending the same by ordinary, prepaid first
class letter post, in the case of the Company to its current trading address, in the case of the Customer to the last known
address, and if so sent shall be deemed to be made or given two working days after the date when posted.
Law and Interpretation
The contract shall be governed by English law and the Customer shall submit to the non-exclusive jurisdiction of the English
courts. If any of these Terms & Conditions or any part thereof is rendered void or unenforceable by any legislation to which it is
subject, or by any rule of law, it shall be void or unenforceable to that extent and no further
Company Policy for AVAYA software licensing and warranty for End User
Our obligation is to:
– Communicate the applicable software license type(s) to the end user;
– Communicate to and obtain End Users’ written acceptance of the AVAYA Software License Terms prior to or upon accepting the applicable order from the End User;
– Not accept from End User any limitations on End User’s liability for violations of AVAYA’s software license and intellectual property rights; and
– Maintain copies of each End User agreement to such Terms and provide to AVAYA a copy of the same upon request.
Notice of price change dated 16/10/18 effective from 1/11/18
Please note that, with effect from 1st November 2018, some of our line wholesale rental charges will increase in line with the BT Wholesale rate change which has affected the telecommunications sector in the UK. These changes are minimal and are detailed below:
Basic Line rental – new price £ 11.99 per month
Premium Line rental – new price £ 14.99 per month
Care Level 2 – new price £ 2 per month
Care Level 3 – new price £ 6.50 per month
Care Level 4 – new price £ 7.50 per month
Please contact us if you have any queries.
Firstcom Limited t/as tecwork Company registration number 003532182
Trading & Registered Office address: Wyndam View, Crowborough, East Sussex, TN6 2LL