hfx Terms and Conditions
hfx Ltd
The Water Circle
Gaunts End
Elsenham
Bishops Stortford
Hertfordshire
CM22 6DR
General Enquiries
Tel : 01279 647474
Fax : 01279 647700
Support and Helpdesk
Tel : 0844 980 8569
Terms and Conditions
All Contracts of sale or supply or agreements to sell are subject to the following terms and conditions, namely: -
1. Quotation
1.1. The quotation and the information therein is valid for a period of 30 days, unless otherwise stated. All prices quoted are exclusive of VAT.
2. Acceptance
2.1. All orders are subject to written acceptance by hfx Ltd (“The Company”) which reserves the right to refuse any order. Unless we hear to the contrary within 7 days of such acceptance the order is accepted as acknowledged and our conditions are accepted as printed.
3. Amendments
3.1. Amendments to orders may be accepted, but only upon specific instructions in writing. The order will be acknowledged as amended. Amended orders may be subject to a change of any timescales agreed for the original order.
4. Force Majeure
4.1. Orders are accepted on condition that The Company shall not be liable for any delay in performing or failure to perform its obligations hereunder if the delay or failure to perform its obligations hereunder if the delay or failure was due to any cause beyond the reasonable control of The Company including but not limited to strikes, lockouts, accidents, riots, civil commotion, delays of common carriers, war, Acts of Queen’s enemies, fire or Acts of God.
5. Property
5.1. Risk of damage to or loss of the goods shall pass to The Purchaser at the time of delivery.
5.2. Property of the goods shall not pass to The Purchaser until payment has been received in full for these and all other goods supplied to The Purchaser for which payment is due. Should payment not be forthcoming and The Company deems such non payment as a serious breach of contract, The Purchaser hereby grants The Company, its agents and employees, an irrevocable licence to enter upon The Purchaser’s premises to take possession of all items supplied.
5.3. After The Company has disposed of anything recovered, The Purchaser shall remain liable for any balance of his account and any interest which shall remain due. In the event of non disposal for any reason, The Purchaser shall remain liable for the whole of any balance then outstanding.
6. Prices and Accounts
6.1. All orders are accepted and prices quoted on the basis of costs ruling at the date of acceptance unless otherwise stated.
6.2. Payment shall be made within 30 days of the invoice date unless otherwise agreed in writing.
6.3. All orders will be liable for two staged payments as follows:-
40% of total order value with order
60% of total order value on completion
6.4. In the event of non-payment, The Company reserves the right to levy interest on a day-to-day basis at a rate 3% above the HSBC Base Rate. Furthermore, non-paid accounts may be stopped and service denied until payment is received.
6.5. Postponements or delays not caused by The Company will result in equipment being delivered to The Purchaser. An invoice will be raised for all equipment dispatched, and is subject to the 30 day payment terms.
6.6. Amendments made to the original order at the request of The Purchaser may result in a restocking fee representing 25% of the equipment value.
6.7. Following receipt of a purchase order, the associated hardware will be despatched and invoiced to The Purchaser whereupon our 30 day payment terms will apply. The remaining products and services will be invoiced once installation has been completed.
7. Limitation of Liability
7.1. Except in respect of death or personal injury caused by The Company’s negligence, it is hereby agreed that The Company’s liability shall in no circumstances exceed a sum equal to the total cost of the item supplied and The Company shall not be liable for any consequential losses, howsoever caused or howsoever arising and, in particular, shall not be liable for any malfunction of any of the equipment supplied.
8. Cancellation
8.1. Requests for cancellation of an order or outstanding balance of order must be made in writing and if acceptable may be subject to a cancellation charge. In the event of cancellation by the customer the following charges will be applied:
- Up to 30 days following receipt of order- 20% of total order value
- 30+ days following receipt of order- 30% of total order value
- Installation commenced - 30% hardware value, 100% software licence, 100% installation and programming costs, additional labour associated with removal of hardware.
9. Defect after Delivery/Guarantee
9.1. The Company will make good repair (or at its option by the supply of a replacement) defects due to faulty design, materials or workmanship, which, under proper use, appear and are reported to The Company within six months of the goods being delivered.
10. Damage in Transit
10.1. The Company will repair or replace free of charge any goods damaged in transit provided that The Company and the Carriers receive written notification within three days of delivery. We are bound by Carriers regulations and no other claim can be entertained.
11. Errors and Omissions
11.1. The written quotation has been prepared in good faith and upon the information provided to carry out the function communicated to The Company. It is, however, hereby specifically agreed that, if for any reason this quotation shall contain any errors or omissions, The Company shall have the right to charge (at the standard rates then prevailing) for any necessary or further items. The fact of any error and/or omission shall not entitle The Purchaser to avoid or rescind this contract and The Purchaser shall be liable for the cost of any rectification.
12. Training
12.1. Following the training provided on systems purchased, we would expect that those trained should be capable of carrying out the regular tasks that the system requires for its sufficient running. Any subsequent re-training, more advanced training, or training of new operators will be charged at the prevailing rate in force at the time.
13. Millennium Compliance
13.1. The Company can provide systems which will handle the Year 2000 date change. All proprietary hardware and software which is sold by The Company as millennium compliant will be supported in this respect. However, The Company can take no responsibility for third party products, including PCs, processors or operating systems, even if they have been supplied to The Purchaser by The Company.
14. Purchaser’s Conditions
14.1. In the event that a Purchaser’s order contains printed conditions, such conditions will only be binding upon The Company insofar as they are not at variance with or inconsistent with The Company’s general terms and conditions of sale as set out above, which it is hereby agreed shall in all circumstances prevail and represent the terms and conditions of The Contract.
15. Interpretation of Contracts
15.1. Any dispute in connection with any aspect of this contract shall be decided exclusively by the Courts of England in accordance with English Law.
16. Installation Terms
The installation of any order will be subject to the following terms:
16.1. Unhindered access to the building must be guaranteed.
16.2. Postponements or delays not caused by The Company may result in the installation slot being lost and the work having to be commenced or completed at a later date as convenient to The Company. The Customer will be liable for any abortive visits and rescheduling.
16.3. All work quoted for in the proposal is to be carried out during normal working hours. Any extra work incurred because the site is not ready will be charged over and above the costs in the proposal.
16.4. If the work is to be carried out in areas where normal working conditions do not apply, The Purchaser must notify The Company in advance and either supply special equipment or advise whether it is recommended. In some cases, the cost of hire of specialist equipment must be borne by The Purchaser.
16.5. The Purchaser must ensure that the agreed number and type of power supply points are installed at the correct locations, and that they are operational before the installation commences.
16.6. Where the installation involves a third party, such as British Telecom, The Purchaser must ensure that the services have been installed/configured/tested prior to our installation. If not, The Purchaser will be charged for any extra visits that have to be made.
16.7. The Purchaser should endeavour to provide adequate parking/loading facilities.
16.8. Any changes from the locations specified on the siting sheet may alter the quotation.
16.9. Written notification of any change in dates or requirements must be received by The Company prior to delivery of equipment or arrival on site for work to be carried out.
Failure to comply with the above conditions may result in a claim from The Company to recover any incurred costs.
17. Third Party Suppliers
17.1. Some installations require the supply and service of equipment from third party suppliers. In all cases, the service and support contract will be directly between the Purchaser and the third party supplier. The following terms are supplied as standard; should The Purchaser wish for alternative or enhanced levels of support, this must be arranged directly with the third party supplier. Please note that the manufacturers warranty will commence upon receipt of the equipment to hfx Ltd.
PCs, Servers and associated peripherals
Dell- www.dell.co.uk
Printers
Hewlett Packard C/O Insight Ltd http://uk.insight.com
Photo ID Printers
Javelin Printers C/O Identifile Ltd www.identifile.co.uk
Car Park Barriers and Turnstiles
Broughton Controls Ltd www.broughton-controls.co.uk
18. Approved Users
18.1. Only users who have been trained by hfx or hfx approved trainers will be able to receive support from our help desk.
18.2. If you require additional users to be approved for use and support on our systems, they will need to be trained by our staff at your premises or at one of our training suites. Please contact our help desk (0844 980 8569) for more information.
Terms and Conditions - Service Contract
1. Subject of the Contract
1.1. This Contract covers the servicing and repair of equipment, as listed by The Company. A Service Contract can only be entered into at the time the equipment is first commissioned by The Company, or, if at a later date, after the equipment has been proven to be in perfect working order.
2. Service and Repair
2.1. The Contract provides a fully comprehensive breakdown service if and when necessary. Faulty parts will be repaired or replaced. Equipment breakdowns should be notified to The Service Co-ordinator during normal working hours (08:30-16:30 Monday to Friday). The Company will endeavour to begin such repairs or make replacements as soon as possible unless prevented by force majeure, strike or lockout or such circumstances beyond their control.
2.2. The Purchaser guarantees The Company’s personnel unhindered access to the equipment for servicing and repair.
2.3. Software faults are covered by a separate part of the Contract (see Helpline Contract).
3. Excluded from the Contract
3.1. The annual rate covers all labour costs and the full cost of replacement parts. The only exceptions are listed below.
3.2. Costs for the repair of damages resulting from causes beyond the control of The Company, for example fire, theft, terrorism, flooding, power cuts and Acts of God are specifically excluded.
3.3. Costs for the repair of damages caused by negligent or unsuitable use of the equipment or negligence in allowing the equipment to be used in unsuitable environments where the temperature, humidity, mains supply or other electrical facilities do not meet the requirements of The Company, or in the event of wilful damage or vandalism.
3.4. Costs for the transport of power supplies, for the outer paintwork of the cases or other surface treatment of the system, for the cleaning of dirt which has been caused by the operation of the system itself, or for transportation and re-siting when the system has to be moved.
3.5. If The Company is required to carry out service and repair work outside normal office hours (see 2.1) the charges will be on weekdays 150%, on weekends 200% and on public holidays 300% of the normal rate.
3.6. Increases in labour and material costs can lead to an increase in Contract charges and in such cases, The Company will give three months written notice of the increase which will take effect from the next renewal date.
3.7. Service Visits to site under contract, which result in repair to either customers network, structured cabling, servers or Personal computers will be charged at the current rate of adhoc servicing.
3.8. Service Visits to site under contract and identified as being caused by interruption of customers electrical power supply may result in a call out charge.
4. Conditions of Payment
4.1. The charge of the Contract will be invoiced at the time of signing of a formal Contract. All accounts are payable within 30 days of invoice.
5. Period of Contract
5.1. The Contract remains in force until cancelled or amended by either party giving not less than one month’s notice in writing to take effect from the next review date. The value of the Contract is reviewed on an annual basis.
5.2. In the event of failure to confirm renewal of the contract within the notification period, The Company reserves the right to charge for any service calls at the prevailing rate including replacement parts, until the contract is reinstated.
6. Additional Equipment
6.1. The purchase of additional equipment will involve modification of the charge at the next renewal.
7. Subject of the Contract
7.1. The Contract covers software support and minor programming changes which can be carried out over the telephone.
7.2. Such requirements should be notified to The Company Customer Service Department during Helpline hours (08:30-16:30 Monday-Friday). The Helpline number is 0844 980 8569
7.3. The Company will endeavour to fulfil the requirement as soon as possible, but the timing will depend very much upon the nature of the requirement. Telephone modifications will be attempted by the next working day following notification, but if a visit is required, this will be scheduled at the first available opportunity.
8. Excluded from the Contract
8.1. Costs for software and programming changes that require a visit to The Purchaser’s premises will be charged, at a reduced rate in force at the time, and at the first available opportunity.
8.2. The supply of any consumables, cards, ribbons, printer paper, etc.
9. Conditions of Payment
9.1. The Helpline Contract is an integral part of the Service Contract, and is included in the overall charge. All accounts are payable net within 30 days of invoice.
10. Guarantee and Maintenance
10.1. The system is fully guaranteed for a period of 12 months from the date of purchase. The guarantee covers all replacement parts, which in our opinion have failed through faulty material or workmanship; our labour and servicing charges and, if applicable, delivery charges for equipment returned to the purchaser. All equipment failures would be rectified whenever possible, not later than the working day following notification of failure.
10.2. After the expiry of the 12 month guarantee period, our Service Contract Co-ordinator, would offer you a fully inclusive maintenance contract, details of which appear on the preceding pages. The charge for the contract is 15% of the value of the system, based on the price list ruling at the time of renewal.
10.3. To take advantage of the current price list you may wish to confirm now your intention to take out a maintenance contract by paying for the first year on completion of the installation; the contract to come into force at the expiry of the guarantee period.
10.4. Should you wish to take advantage of this offer please complete the following details and return to the Service Contract Co-ordinator who will then confirm the current contract prices to you.