Apec Systems Limited  Logo

Latest News

  • ST100 Digihub

    Apec now have a comprehensive video solution Digihub which includes on board recording and 4G backhaul. Capable of using both analogue and IP based high resolution cameras, this unit is a winner for all users requiring a flexible platform. Contact Sales for more information.

    Wed, 19 Apr 2017 14:15:14
  • M2M Partnership

    Apec are pleased to announce the partnership of M2M of Paris. M2M are a software house specialising in data transfer and are key suppliers into French law enforcement departments.

    Wed, 19 Apr 2017 14:05:46
  • Major Belgian contract

    Apec can announce that they have gained a significant contract with a major law enforcement department in Belgium.

    Wed, 19 Apr 2017 13:58:42

Terms & Conditions of Sale

1. DEFINITIONS AND GENERAL

(a) The “Seller” means Apec Systems Limited.

(b) The “Purchaser” means the person, firm or body corporate, which buys or

has agreed to buy the goods or services.

(c) The “Contract” means the agreement between the Seller and the Purchaser,

which incorporates these conditions.

(c) The “Goods” means any item of whatsoever nature, which is to be sold or

supplied by the Seller under the contract.

(d) The “Services” means all work to be furnished by the Seller under the

Contract.

These Standard Terms and Conditions of Sale shall apply to and form part of

every Contract of sale entered into by the Seller. All orders are accepted and

executed on the understanding that the Purchaser is bound by these Standard

Terms and Conditions of Sale, which shall govern the Contract to the

exclusion of any other terms and conditions subject to which any such order is

accepted or purported to be accepted or made by the Purchaser.

No Contract of sale shall come into being unless and until the Purchaser has

accepted these Standard Terms and Conditions of Sale either expressly or by

implication.

2. LIMITS OF CONTRACT

The Contract includes only such Goods and Services as are specified in the

quotation or acknowledgment accompanying these Standard Terms and

Conditions of Sale.

3. PRICES

(a) Unless otherwise expressly stated to be firm for a period, the Seller

reserves the right to increase quoted prices after acceptance of the Purchaser’s

order under the following circumstances:

• Increases in the cost of labour, materials and other costs, which take

effect between the acceptance and delivery of the order, or that part

of the order that remains undelivered at the time of such increase.

• In the case of imported Goods, the price ruling at the date of despatch

will be determined by fluctuations in currency exchange rates and

importation duties and taxes which have taken place in the period

between the date of the Contract and the date of despatch to the

Purchaser.

• Losses or additional costs incurred as a result of the Purchaser’s

cancellation, alteration or rescheduling of all or part of the order.

Acceptance being entirely at the discretion of the Seller and in no

respect reducing the Purchaser’s liability under the Contract.

• The Purchaser’s failure to provide necessary information, or the

provision of erroneous information with or without the effect of the

timely completion of the Contract.

(b) Unless otherwise specified, all prices stated are ex-Seller’s works, and

exclude all taxes, delivery, duty and insurance.

(c) All invoiced price discrepancies must be notified by the Purchaser to the

Seller within 14 days of the date of the invoice.

4. DELIVERY

(a) All times and dates for delivery of the Goods and Services are given in

good faith by the Seller, but are approximate only and shall not be deemed to

be of the essence of the Contract. The Seller shall not be liable for any loss or

damage whether direct, indirect or consequential, however the same arises,

resulting from late delivery or provision of the Goods. The Purchaser shall not

be entitled to treat the Contract as repudiated by reason of such late delivery.

(b) Unless otherwise stated in writing the Seller shall be entitled to make

partial deliveries of the Goods.

(c) Any claim for non-delivery or damaged Goods on delivery must be made

within three working days of receipt of the Seller’s invoice or the goods,

respectively.

5. PAYMENT

(a) If a credit account facility is granted by the Seller to the Purchaser, unless

otherwise agreed in writing, payment is due without deduction for whatever

reason thirty days from date of Invoice.

All accounts are payable on demand, and the Seller reserves the right

to withdraw any credit account facilities.

(b) Time of payment shall be of essence to the Contract.

(c) Without prejudice to any other rights the Seller may have, the Seller is

entitled to charge interest at 8% above the current Bank of England base rate

or such other rate of interest as shall be determined under the Late Payment of

Commercial Debts (Interest) Act 1998 on any overdue payments.

(d) Additionally, and without prejudice to its other rights, the Seller shall be

entitled to recover all direct expenses reasonably incurred by the Seller in

collecting or attempting to collect amounts of the price outstanding.

(e) If the Purchaser fails to make payment in accordance with these Standard

Terms and Conditions of Sale, the Seller reserves the right in its absolute

discretion and without prejudice to any of its other rights or remedies to

suspend all further deliveries until such payment has been made in full,

together with any other amounts owing to the Seller, whether the due date for

payment has been reached or not, if so requested by the Seller or, at the

Seller’s option, to cancel the balance of the order. In either case, the Seller

shall hold the Purchaser liable for costs incurred in respect of Goods in the

course of manufacture or ready for despatch.

(f) The Seller shall be entitled to bring an action for the price or part thereof,

whether or not the property in the Goods has passed.

6. WARRANTY AND RETURNS

(a) The Seller warrants that, unless otherwise agreed in writing, the Goods

supplied shall be free from defects arising from bad workmanship or materials

for a period of twelve months from the date of despatch.

(b) The Seller warrants that the Services provided shall be free from defects of

workmanship for a period of three months from the date of invoice.

(c) The Seller shall, at its option, repair or replace Goods accepted for return

under warranty free of charge to the Purchaser, providing that the Goods are

returned carriage paid to the Seller.

(d) Except in respect of death or personal injury caused by the Seller’s

 

 

 

negligence, the Seller shall not be liable whether in contract, tort or otherwise

to the Purchaser by reason of any representation (unless fraudulent) or any

implied warranty, condition or other term as to quality or fitness for purpose

and will bear no liability for any defect, save as stated in Clauses 6(a), 6(b)

and 6(c). The Seller shall bear no liability for any indirect or consequential

loss, however the loss occurred.

(e) The Seller will not be liable for misuse or damage incurred after delivery to

the Purchaser. Normal degradation in display quality with age or operation

outside of specified limits does not constitute warranty.

(f) Electronic displays may incorporate static sensitive devices and the

Purchaser has the responsibility to handle such goods in accordance with

electronics industry standards.

 

Customer supplied and free issued equipment.

Equipment which has been free issued or supplied by the customer shall not be covered by any guarantees or warrantees offered by Apec Systems Limited against Apec Systems supplied products.

In the event of an equipment failure found to be caused by the failure of such supplied equipment, then the customer shall be liable for costs of the following;

  1. Labour for investigation and fault diagnosis
  2. Labour to remove the item if applicable
  3. Shipping  to return item to customer or the Original Equipment Manufacturer
  4. Reparations to Apec equipment if such equipment caused damage to Apec manufactured or supplied equipment.
  5. Shipping of the whole equipment if the item is installed /integrated to an Apec product and cannot be removed.
  6. Shipping of the whole equipment if the item is installed /integrated to an Apec product if the customer chooses not to remove it from the product or installation.

7. TECHNICAL SPECIFICATIONS

The Seller reserves the right to have full freedom to make design, engineering,

or component changes to the Goods, providing that compliance of the Goods

with the functional specifications and mandatory requirements are not

adversely affected.

8. RETENTION OF TITLE

(a) The risk in the Goods shall pass from the Seller to the Purchaser upon

delivery of such Goods to the Purchaser. However, notwithstanding delivery

and the passing of risk in the Goods, title and property in the Goods, including

full legal and beneficial ownership, shall not pass to the Purchaser until the

Seller has received the cleared payment in full for all Goods delivered to the

Purchaser under this and all other contracts between the Seller and the

Purchaser for which payment of the full price of the Goods there under has not

been paid. Payment of the full price of the Goods shall include the amount of

any interest or other sum payable under the terms of this and all other

Contracts between the Seller and the Purchaser under which the Goods were

delivered.

(b) The Purchaser shall be responsible for full insurance of the Goods subject

to Clause 8(a).

9. FORCE MAJEURE AND OTHER CIRCUMSTANCES

The Seller shall be entitled without liability on its part and without prejudice

to its other rights, to terminate the Contract or any unfulfilled part thereof, or

to suspend or make partial deliveries or to extend the dates for delivery, if the

proper performance of the Contract by the Seller is hindered or delayed

whether directly or indirectly by reason of strikes, lockout, riot, war, act of

God, insurrection, civil disturbance, fire, flood, interference by any

government authority, or any other cause beyond the reasonable control of the

Seller that cannot be reasonably overcome.

10. CANCELLATION

The Purchaser shall recompense the Seller for any losses incurred by way of

cancellation of any Contract or the rescheduling of the same by the Purchaser.

11. GOVERNING LAW AND JURISDICTION

The validity, construction and performance of the Contract shall be governed

by English law and all disputes, claims or proceedings between the parties

relating to the validity, construction or performance of the Contract shall be

subject to the jurisdiction of the Courts of England.

 

APEC053-7/12 

 
Apec Systems Limited footer image
Apec Systems Limited
3 Cavans Way, Binley Industrial Estate, Coventry, CV3 2SF, UK
Telephone: +44 (0) 2476 445664  Fax: +44 (0) 2476 440960
Contacts  |  News Archive  |  Site Map  |  Bookmark