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Sales Terms and Conditions

Published dated 01/09/2013 (Issue 01)

These Terms and Conditions apply to orders placed directly on EcoPowerSupplies.com, trading through B&S Group Ltd or on the e-commerce website platform www.EcoPowerSupplies.com. These Terms and Conditions are published at: www.EcoPowerSupplies.com/sales-terms-and-conditions. A PDF copy is available on request.

1. Prices: all unit prices are quoted ex-works excluding VAT. Related charges including but not limited to logistics, installation, commissioning and load bank testing are itemised separately as per Client instructions and requirements, excluding VAT. Quotations from EcoPowerSupplies are provided based on the information provided by the Client. EcoPowerSupplies cannot be held liable for inaccuracies in the information provided or unidentified requirements that shall be subject to an additional quotation and purchase order or amendment. Purchase orders are accepted at current prices but under exceptional circumstances (including lead and copper market prices) may be subject to revision before delivery. Under such circumstances the Client will be given the option to accept the new price or cancel within 7 days after having received notice of the new price, subject to our cancellation terms (clause 7).

2. Delivery: the delivery time quoted is from receipt of order or approval of drawings from EcoPowerSupplies where applicable and may be subject to delay beyond the control of EcoPowerSupplies. Time shall not be of the essence and the Client shall not be entitled to claim compensation or damages as a result of delay in delivery. All product and associated packaging shall be left on site for disposal and recycling by the Client unless removal has been agreed before delivery.

3. Title, Ownership and Risk: ownership of goods and title shall not pass to a Client until all sums owing in respect of any have been paid to the seller (EcoPowerSupplies). Risk shall pass to the Client on delivery to the address stated on their purchase order.

4. Loss or Damage: of goods must be notified to EcoPowerSupplies in writing within three days of delivery of the goods.

5. Settlement of Account: shall be nett 30 days to approved accounts (unless payment for goods previously supplied is overdue) otherwise payment shall be before dispatch or by arrangement on invoice. Terms are subject to status. All credit card payments are taken in good faith. Fraudulent usage of this facility will be immediately reported to the relevant authorities and will be taken to have broken all contract terms. Deliveries to addresses other than the cardholder’s invoice address may be declined.

6. Surcharges: EcoPowerSupplies reserves the right to place a 2% surcharge on any account settled by Credit/Charge card. Overdue accounts will be charged interest at 2.5% above the prevailing base rate per month or part thereof.

7. Order Cancellation: may be made with written consent only on terms that indemnify EcoPowerSupplies against all associated losses. Cancelled orders incur a minimum handling charge (minimum 25% for standard products and up to 60% for build to order project specific products) plus any associated aborted, logistics and restocking charges.

8. Published Specifications and Data: every effort has been made to ensure the accuracy of data published by EcoPowerSupplies. However, product manufacturer or service provider design and specification may be subject to alteration without notice as part of their continuous improvement policy. EcoPowerSupplies may also change product or service supplier as part of their quality management programme. EcoPowerSupplies therefore recommends that Clients verify all published data together with future availability with each enquiry and order before incorporating products into their own designs or schemes. EcoPowerSupplies does not accept liability for loss, damage or injury resulting from any error or omission in its published specifications. It is assumed that goods specified by the Client are sufficient and suitable for the purpose for which the goods were ordered.

9. Order Placement: all orders placed with EcoPowerSupplies receive an order acknowledgement confirming receipt of the order and containing details of it. On shipment of the goods a full sales invoice is issued. Title to the goods remains with EcoPowerSupplies, until all monies owed (the payment transaction), including any retention, has been completed.

10. Website Orders: to order from the EcoPowerSupplies e-commerce website (www.EcoPowerSupplies.com) will require the setting up of a password protected account. In setting up the account the Client accepts that they are responsible for: managing access to the account, the confidentiality and security of both the account and password, restrictions of use and full responsibility for all activities that take place on the account. The Client also accepts that they should inform EcoPowerSupplies immediately if they have any reason to suspect that the password has been made known to unauthorised users or will be used in an unauthorised manner. EcoPowerSupplies reserves the right to remove access to the e-commerce facilities, terminate accounts, remove or edit content and cancel orders at its discretion.

Where more than one product is ordered from EcoPowerSupplies, the company may part ship but will not make an additional delivery charge to complete the order. If EcoPowerSupplies is not able to deliver within 28 calendar days (excluding orders where the quoted or order acknowledged date was greater than 28 days from order) of order placement then the Client will be notified by email and given the opportunity to cancel the order with a full refund without reasonable delay.

EcoPowerSupplies will take all reasonable precautions to keep details of a Client’s order and payment secure, but, unless EcoPowerSupplies are negligent, EcoPowerSupplies cannot be held liable for any losses caused as a result of unauthorised access to information provided by the Client.

11. Goods Inspection and Testing: if special testing and inspection in the presence of the Client are required then these will take place at an EcoPowerSupplies or partner facility, and be charged for at an agreed cost, unless included free-of-charge within the initial EcoPowerSupplies quotation or offer.

12. Website Orders – Cooling-Off Period: In addition to clause 7 (Cancellation) of the EcoPowerSupplies Terms and Conditions of Sale for EcoPowerSupplies, under The Distance Selling Regulations (DSRs) there is a seven working day cooling-off period, starting the day after delivery during which an order can be cancelled. The Client is responsible for advising EcoPowerSupplies of the cancellation in writing and reason for cancellation, and the observance of the EcoPowerSupplies Returns Procedure (clause 13). The Client is responsible for all return charges including carriage and insurance, and must take reasonable care when returning the goods and any associated items
included.

13. Returns: all returns must be agreed with EcoPowerSupplies in writing and be registered under its Returns Procedure. EcoPowerSupplies reserves the right to reject goods arriving at its premises that are not so recorded or clearly marked with the correct returns number. Returns may be subject to a handling fee.

14. On-Site Services: all services considered necessary for the safe delivery, installation and operation of any EcoPowerSupplies product shall be the responsibility of the Client unless EcoPowerSupplies has so been instructed in writing before hand to provide such services to an agreed specification.

15. Commissioning: any on-site installation and assembly must be completed before commissioning. Under no circumstances should load equipment be connected to a product until the product has been commissioned. An EcoPowerSupplies authorised and electrically competent person must perform commissioning. Commissioning by personnel other than those approved by EcoPowerSupplies will immediately invalidate any warranty. Claims for damages caused otherwise shall not be accepted.

16. UK Warranty: all EcoPowerSupplies products are manufactured under carefully controlled conditions to high quality standards by EcoPowerSupplies or its manufacturing partners. Under the conditions of service specified the products might be expected to give a long and trouble free operating life. In case of failure under normal service and within the warranty period (typically one or two years and published on a product-by-product basis) the date of purchase from EcoPowerSupplies should be consulted. Liability will however be limited to the repair or replacement of defective units at their absolute discretion and as supported by the manufacturing partner. Any advice given other than as a result of an on-site evaluation by EcoPowerSupplies engineers and for which a fee will be charged is given in good faith but without responsibility. Moreover neither EcoPowerSupplies nor its authorised engineers or partners can accept any responsibility for failure or poor performance of any of its products resulting from operation outside of rated limits or from any other misuse or abuse whatsoever. In any event EcoPowerSupplies does not accept any liability whatever for consequential loss or damage resulting from the use in any way of its products. All goods subject to claims under this Warranty must be returned to EcoPowerSupplies by prior arrangement in observance of the Eco Power Supplies Ltd Returns procedure (clause 13). The terms of this Warranty do not apply where the Client is in an overseas area where the quality of the main supply makes it uneconomical to provide this warranty and/or where spares are issued in lieu of warranty. All warranty obligations are terminated when a product is operated outside specification and/or the published manufacturer’s operating guidelines.

All warranty obligations are terminated when a Client or their sub-contractor or associated company makes any modification to the UPS that has not been recorded on a case-by-case basis with EcoPowerSupplies and approved by its engineers in writing.

All warranty obligations may be terminated should site or load or third party supplied accessories be found on inspection by EcoPowerSupplies to be damaging the product supplied by EcoPowerSupplies or causing operation that could reduce its working life.

17. Guarantee: EcoPowerSupplies will repair all defective goods free of charge on receipt of proof that the goods have been used within their rating, not misused, physically damaged or modified and providing that:
17.1 The product failure has occurred within the standard warranty period provided.
17.2 The goods are returned to EcoPowerSupplies in observance of the EcoPowerSupplies Returns procedure.
17.3 For an on-site repair the Client provides reasonable access during normal working hours (Monday to Thursday 08:30 to 17:00, Friday 08:30 to 16:00) where an on-site repair is agreed before hand with EcoPowerSupplies.
17.4 For an on-site repair outside normal working hours, the Client agrees beforehand to reimburse EcoPowerSupplies for travel expenses, time and engineers out of pocket expenses, and any additional labour on site.
17.5 It is understood that no liability will be accepted for consequential loss or damage or any other expenses.
17.6 The manufacturing partner and supplier of the goods provides a back-to-back warranty to EcoPowerSupplies to pass onto the Client.

18. Annual Maintenance Contracts: run for 12 months from invoice or commissioning/switch on date, whichever is the soonest, except by agreement in writing and shall be paid for in full (100%) on invoice to active the maintenance contract. Each maintenancecontract states the items covered and excluded from the plan on a manufacturer-by-manufacturer basis. Consumables including batteries and capacitors are excluded and charged for. Other items not covered include: (a) any costs incurred due to incorrect operation, misuse and abuse, damage and unreasonable installation and operation or environment not conforming to the relevant instructions detailed in the relevant Installation and Operation Manuals, including any repairs or replacements needed because of unauthorised modifications or attempts at repair to the equipment by individuals not approved or authorised in writing to do so by EcoPowerSupplies. All such faults will be charged for at EcoPowerSupplies’ current travel and on-site labour, mileage and parts charges. Any such events will cancel any remaining contractual obligation to provide maintenance cover by EcoPowerSupplies without a refund, and (b) remote UPS monitoring software on third party supplied hosts.

19. After-Sales Service: EcoPowerSupplies reserves the right not to carry out after-sales service for any product supplied, where the monies outstanding have not been paid to EcoPowerSupplies.

20. Remote Site Monitoring: the Client is responsible for providing the necessary power, network and internet access points for connection of any remote site monitoring platform installed by EcoPowerSupplies, where these were not ordered as part of the initial purchase order.

21. Export: orders must be accompanied by reference to a UK bank or suitable organisation prepared to accept payment responsibility upon presentation of the EcoPowerSupplies invoice and shipping document. Export clients must provide proof of shipping within 90 days of shipment or the VAT element of the sale will be charged and recovered as governed by the HM Inland Revenue guidelines.

22. Laws: the contract between EcoPowerSupplies and its Client(s) shall be governed by the laws of England and any dispute between EcoPowerSupplies and its Client(s) will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.

23. Policies: EcoPowerSupplies policies covering privacy, internet communications, disclaimer and copyright are published at: http://www.ecopowersupplies.com/eco-website-policies.

24. Force Majeure: neither party to any contract hereunder shall be regarded by the other to be in breach of its obligations hereunder to the extent that it is prevented or hindered in fulfilling such obligations by any circumstances outside its reasonable control provided that the affected party shall have given written notice to the other party of such circumstances within reasonable time after learning of them. If any circumstances being the subject of such notice shall either alone or together with the circumstances of any other such notice continue for a period exceeding one calendar month to prevent or hinder the performance of the contract by either party, then at the Client’s option: (i) delayed deliveries of goods shall be cancelled by the Client notifying EcoPowerSupplies in writing; or deliveries shall eventually be made as near to the time as possible and neither EcoPowerSupplies nor the Client shall have any claim against the other for failure to make (by the due date) or take delivery respectively, whether such failure be total or partial, permanent or temporary.

25. Limitation of Liability: EcoPowerSupplies will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for any: loss of profits, loss of business, loss of revenue, loss of contract, loss of goodwill or reputation, loss of anticipated earnings or savings (whether direct, indirect or consequential) or in respect of any indirect or consequential loss howsoever arising subject to the fact that nothing in the contract shall limit or exclude either party’s liability for fraud, death or personal injury resulting from negligence or to the extent not permitted by law.

If the Client is found to be liable to EcoPowerSupplies under this contract, the Client’s total liability in respect of any loss or damage arising under this contract shall not in any circumstances exceed the amounts due to EcoPowerSupplies for the products or services supplied under this contract except where such liability has arisen as a result of the faulty installation of the goods by the Client or misuse of the goods by the Client or by the Client giving any warranty or guarantee to an End User in respect of the goods that are in excess of the warranties set out or referred to in these terms and conditions or in any documentation provided by or on behalf of EcoPowerSupplies in which case the liability of the Client shall be limited to £1million pounds.

Notwithstanding the above, EcoPowerSupplies aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by the Client for the product(s) or service(s) in respect of one incident or series of incidents attributable to the same clause. This clause does not affect the statutory rights of a Client as a consumer, nor does it affect a Client’s contract cancellation rights.

Subject to previous clauses, other than as expressly provided in these terms and conditions with respect to specific products and services and except for the exclusive remedies set out at previous clauses, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

26. Assignments: the Client may not assign or sub-contract any of its rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by EcoPowerSupplies.

27. Novations: EcoPowerSupplies reserves the right to transfer, assign, novate or subcontract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.

28. Waivers: if any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected. No delay or failure by EcoPowerSupplies to exercise any part of a contract, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such contract, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of EcoPowerSupplies.

EcoPowerSupplies reserves the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website – www.ecopowersupplies.com. It is the Client’s responsibility to read the terms and conditions on each occasion they propose to place an order, as placing an order will be an acceptance by the Client to be bound by the latest sales terms and conditions

(ends)

For further information please contact us.