Terms and Conditions
Legacy Telecom: Terms and Conditions
1 These Conditions.
(1) In these terms & Conditions the words ‘the customer` shall mean the person, firm or company purchasing or agreeing to purchase goods or services from Legacy Telecom who’s address is C5 (4) Centre Court, William way, Moss Industrial Estate, Leigh, Lancs, WN7 3QA. The words ‘these conditions’ shall mean the terms & conditions of sale set out herein and the word ‘goods’ shall mean all equipment, spare parts, other goods, repairs or services to be provided to the customer by Legacy Telecom. (2) All agreements by which Legacy Telecom agrees to supply goods and services to the Customer shall be subject only to these Conditions notwithstanding any variation or attempted variation of these Conditions made by the Customer in its order form or otherwise and save as provided by clause 1 (3) of these Conditions the making of an order by the Customer for the goods or services supplied by Legacy Telecom shall for all purposes be deemed to be acceptable by the Customer of these Conditions to the exclusion of any other terms & conditions. Conditions made by the Customer which Legacy Telecom accepts in writing, fax, email or by telephone. No cancellation of any order by the Customer shall be valid unless made in writing and accepted in writing by Legacy Telecom. (3) No variation of these Conditions is permitted unless expressly accepted in writing by Legacy Telecom.
2. The Goods
Unless otherwise expressly agreed, goods supplied will be in accordance with manufacturer’s normal designs and specifications current at that date of manufacture or delivery and the supply by Legacy Telecom of goods differing from any contractual or pre-contractual specifications or descriptions shall not be a breach of the agreement between Legacy Telecom and the Customer in so far as the goods are of approximately equivalent performance to the goods referred to in such specifications or descriptions.
3. Delivery. Installation & Risk
(1) The time for delivery or installation of the goods is not of the essence. The agreed dates for delivery or installation are estimates only and a failure by Legacy Telecom to comply with them shall not be a breach of these conditions. (2) The Goods shall be at the Customers risk at the time of delivery or installation. (3) Where the goods are installed by Legacy Telecom, it is the Buyers responsibility to obtain, ‘make available’ and pay all licences, permits, wayleaves, easements, mains electric power supply, conduits, sockets and such likes as are necessary for the installation of the goods by the agreed date for the commencement of the installation and to provide all the necessary access, information and cooperation to enable the installation to proceed from that date. (4) The Customer is required to inspect the goods on receipt and to notify Legacy Telecom of any defects or complaints within 7 days. (5) If any payment due to Legacy Telecom is overdue for 28 days or if the Customer ceases to trade or enters into any agreement with its creditors or shall become insolvent or has a receiver or administrative receiver appointed or a petition is presented or a resolution passed for the winding up of the Customer (if the Customer is a Company) other than for the purpose of a solvent reconstruction or amalgamation previously notified to Legacy Telecom, the Customer shall them be deemed to have repudiated any agreements it may then have with Legacy Telecom.
4. Property in the Goods
(1) Notwithstanding risk in the goods passed to the Customer in accordance with clause 3 (3) of these Conditions the goods shall remain the sole and absolute property of Legacy Telecom and title to and legal and equitable ownership of the goods shall not pass to the Customer until payment is received by Legacy Telecom of all monies due from the Customer to Legacy Telecom in respect of all goods supplied by Legacy Telecom to the customer and the Customer acknowledges that until such payment is made in full it is in possession of the goods solely as a fiduciary for Legacy Telecom. 2) Until title of the goods passes to the Customer, the goods shall be kept separately and distinct from all property of the customer and of third parties and in good condition and stored in such a way as to be clearly identifiable as belonging to Legacy Telecom and the Customer will not cause or permit or suffer any labels, badges, serial number or other means of identification of the goods to be removed or obscured. (3) Legacy Telecom may for the purpose of recovering its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same. .
5. Price and Payment
(1) Unless otherwise expressly agreed, the price is payable on or within 30 days of delivery of the goods or services with invoice. (2) Time for payment is of the essence and if payment is not made either on the agreed date or within 30 days from the date of invoice, Legacy Telecom may require the customer to pay 1.5% interest per month from the date of invoice compounded monthly. (3) If payment should not be made on time, Legacy Telecom will be entitled to charge (in addition to interest and any legal costs ordered by the Court and without prejudice to any other rights or remedies available to Legacy Telecom the sum of £100 by way of liquidating damages and as a contribution to the administrative costs incurred by Legacy Telecom in taking steps to secure payment. (4) Unless otherwise stated, all payment are to be made in sterling to Legacy Telecom`s address as stated on the invoice.
6. Warranties and Liability
(1) Legacy Telecom undertakes to credit the account of the Customer (if any) or to remedy free of charge by repair or replacement any defects in the goods covered under the manufacturers guarantee provided that the Customer notifies Legacy Telecom (2) Save as herein specifically provided and save to the extent that the same cannot be statute be excluded all conditions and warranties or representations expressed or implied statutory or otherwise in relation to the goods are hereby excluded. Noting in this clause 6 of these conditions shall exclude the undertakings implied by section 12 of the Sale of Goods Act 1979. (3) Legacy Telecom does not exclude liability in respect of death or personal injury, which results from the negligence of Legacy Telecom or its Agents & Sub-Contractors. (4) Legacy Telecom shall not be liable for any financial consequential or indirect loss suffered by the Customer or any third party whether such a loss arises from breach of a duty in contract or tort or in any other way including without limitation to the generality of this exclusion, loss of profits, economic loss, loss of goodwill, loss of contracts, loss of data, damage to the property of the Customer or anyone else (other than damage caused by the negligence of Legacy Telecom or any of its employees, agents or sub-contractors) and personal injury to the Customer or anyone else (except so far as such injury is attributable to Legacy Telecom`s negligence). (5) To be valid, any claim against Legacy Telecom where in contract or in tort must be brought within two years of the date of invoice and any such claim shall be limited to an amount by way of liquidated damages equal to the invoice value of the goods in respect of which the claim is made.
7. Force Majeure
Legacy Telecom shall not be liable to the Customer for any failure to perform its obligations due to any circumstances beyond its control (Including without limitation strikes, lockouts, industrial disputes, failure or power supply delays caused by British Telecommunications plc, or any other person, firm or company delays caused by manufacture of the goods, riots, civil disturbances, war or war-like activity, embargoes, fire, explosion, flood or natural causes) and in such event Legacy Telecom may elect by written notice to cancel any agreement with the customer or elect that the time for performance shall be extended until such time as Legacy Telecom can reasonable effect performance.
If the Customer shall be in breach of any of these conditions then failure by Legacy Telecom to require the Customer to rectify the same shall not create any assumptions that Legacy Telecom has waived such a breach.
All demands, notices and other communications shall be in writing and addressed to Legacy Telecom at the address shown on the invoices delivered by it and to the Customers the address given by it for delivery of invoices (or as subsequently notified by one to the other in writing) and shall be deemed to be duly given or made by letter 48 hours after being posted by first class postage.
10. Law and Jurisdiction
These conditions shall be governed by and construed in accordance with English law.