Terms & Conditions
1. Definitions and effect of conditions
- The Company means ECA (SERVICES) LTD.
- These Conditions shall apply to and be incorporated into every agreement between ECA (SERVICES) LTD and any person, firm or company (‘The Customer’) under which the Company supplies goods or services at the request of the Customer.
- These Conditions shall supersede all earlier conditions of the Company.
- These Conditions shall take precedence over any conditions of the Customer and shall not be varied without the written consent of a director of the Company.
- Any delivery dates quoted whether verbally or otherwise are estimates only and in regard to any such date time shall not be of the essence.
- Delivery of the goods to the Customer’s address or any place stipulated by him shall constitute delivery and the risk therein shall pass upon such delivery to the Customer.
- The Company shall be entitled to make partial deliveries or deliveries by installments and these conditions shall apply to each partial delivery.
- Deviations in quantity of the goods delivered (representing not more than 10% by value) from that stated in the agreement shall not give the Customer any right to reject the goods or to claim damages and the Customer shall accept and pay at the contract rate for the quantity of goods actually delivered.
3. Frustration etc. (force majeure)
If the Company is prevented at any time from performing any contractual obligation, or if any loss, damage or injury or delay in delivery is occasioned by or due to any cause beyond the Company’s control including (but without prejudice to the generality of the foregoing expression), the commission of any criminal act, shortage of goods, act of war (whether declared or not), civil commotion, accident, strikes or lock-outs, Act of God or any restriction imposed by any local municipal or government authority (including Customs Authorities) whether British or foreign, the Company shall be entitled forthwith to determine the contract and to be discharged from all liabilities whatsoever to the Customer and the Company shall not be liable for any such loss, damage, injury or delay as aforesaid.
- Unless otherwise stated any prices quoted by the Company are:
- exclusive of value added tax and any other taxes;
- exclusive of carriage, packing and insurance;
- exclusive of any release certificates;
- and the Company shall charge extra in respect of the above items.
- Prices quoted are those current at the time of quotation and the price payable by the Customer shall be that which is current at the time of delivery to the Customer.
- Where agreed call-offs are not adhered to by the Customer, the Company reserves the right to amend the price structure in accordance with the quantities delivered.
- The price is payable on demand but in any case must not be paid later than 30 days from date of invoice.
- The Company reserves the right to suspend deliveries where payment is not received in accordance with paragraph (a) of this clause or in accordance with any alternative terms of payment agreed in writing.
- Where payment is note made in accordance with the terms of paragraph 5(a) hereof the Customer shall pay interest on any unpaid amounts calculated at 3% above ‘The Bank’ base rate for the time being in force calculated on a daily basis.
- No cash or other discount is allowed unless agreed in writing.
- If the Company is able to deliver some items comprising the goods the subject of an agreement but unable to deliver all such items due to causes beyond its control (including but not limited to the examples referred to in Condition 3 hereof) the Customer shall pay for such items as are delivered.
6. Telephoned orders
The Customer agrees to send to the Company a written order in confirmation of any telephoned orders duly marked with any confirmation reference given by the Company, otherwise the company cannot accept liability for any duplication of delivery that may occur.
7. Passing and reservation of title
The risk and title in the goods shall not pass to the Customer until full payment for the goods has been received in cleared funds including any taxes, duties, freight or other applicable charges. The Customer shall not sell or attempt to sell the goods before the Company has received full payment for the said goods. If the Customer nevertheless does purport to sell the goods then without prejudice to any other right or remedy available to the Company then the beneficial entitlement of the Company shall attach to the proceeds of such sale or to the claim for such proceeds.
- Where the goods include software and the Customer has been furnished with the developer’s software licence, he shall sign and return it to the Company within 7 days or as otherwise specified in the said licence.
- In the event that the Customer fails to sign and return the said licence in accordance with (a) above:
- the Company reserves the right to withhold release of the software;
- the Company shall nonetheless be entitled to payment in full for the software.
- In the absence of the developer’s software licence being furnished, the Customer agrees to accept a non-exclusive, non-transferable licence to use the software upon the terms of these conditions with the additional terms:
- the Customer undertakes not to copy (other than for normal equipment operation), reproduce, translate, adapt, vary or modify the software nor to communicate the same to any third party without the Company’s prior written consent;
- the licence hereby granted shall continue until or unless:
- either party gives to the other party one month’s prior written notice of termination whereupon and before the expiry of which the Customer undertakes to return or destroy the software as the Company shall direct PROVIDED THAT the Company shall only exercise its right to terminate in the event that the continued use or possession of the software by the Customer infringes the developer’s third party rights or whence the Company is forced to do so by law.
- The Company terminates the licence forthwith if the Customer fails or has failed to comply with any of the terms and conditions herein contained including but not limited to breach of copyright, patent or confidentiality
9. Drawings etc.
All drawings, descriptive weights, dimensions and the descriptions and illustrations contained in the sales literature and price lists are approximate only and shall not form part of this Agreement. In addition, drawings, technical documents issued either before or after the conclusion of this Agreement for the use or information of the Customer and such other information as may be supplied to the Customer including specifications shall not be copied, reproduced or communicated to any third party without the Company’s prior written consent.
10. Loss and damage in transit
The Company will refund the cost of, or at its discretion replace or repair free of charge, any of the goods proved to the Company’s satisfaction to have been lost or damaged in transit up to the moment of delivery provided that within 3 days after receipt of goods in the case of damage, or within 10 days of receipt of invoices in the case of loss, the Customer notifies the Company in writing of the occurrence of the damage or loss, and its nature and extent.
In respect of the goods the subject matter of any warranty of guarantee given by the manufacturers of the same, the Company guarantees to the Customer that such goods will be free from defects caused by faulty materials or poor workmanship for the period of the guarantee or warranty given by the manufacturers. Under this warranty the Company will, at its option, either repair or give a replacement of equivalent quality or issue credit to the Customer for any goods found to be defective because of faulty maintenance by the Company or poor workmanship provided that:
- the Company is notified in writing within 7 days of the Customer first discovering any such defects and in any event during the currency of such manufacturers warranty or guarantee;
- the defective goods are returned to the Company at the Customer’s expense;
- examination by the Company of such goods discloses to its satisfaction that such defects exist and have not been caused by misuse, neglect, accident, improper storage installation or handling or by repair or alteration not effected by the Company;
- the Customer shall pay to the Company the cost (as certified by the Company) of any examination of such goods as a result of which the Company denies liability.
12. Exclusion of liability
- Except where provided otherwise in these Conditions, the Company shall be under no liability of whatsoever kind howsoever caused whether or not due to the negligence or willful default of the Company or its servants or agents arising out of or in connection with the goods. All conditions, warranties or other terms, whether express or implied, statutory or otherwise, are hereby expressly excluded proving that nothing in this paragraph shall exclude or restrict any liability of the Company for death or personal injury resulting from the negligence of the Company or its servants or agents.
- In any event the Company’s liability shall be limited to direct loss and shall not include indirect or consequential loss.
- The Company shall not be liable for the loss of or damage to software programs during repair or upgrade of any goods whether or not the same are under warranty.
13. Returned goods and cancellations
The Customer shall not return goods or cancel orders without the Company’s previous consent. Such consent will not be given where goods have been specially purchased by the Company to meet the Customer’s requirements. If the Company gives such consent, it reserves the right to make a cancellation charge.
14. Copyright, patents, trade marks and intellectual property rights
- The Customer acknowledges that rights in respect of trade marks, trade names, copyrights, patents and other intellectual property rights connected with the goods do not pass to the Customer.
- The Customer agrees to indemnify the Company against all liabilities, costs and expenses which the Company may incur as a result of work done in accordance with the Customer’s specifications which involve infringement of any patent or other proprietary right.
The Company reserves the right to sub-contract any part of any work or supply of any goods or services.
16. Construction and use
The Company shall not be responsible for adapting or modifying any goods to conform to statutory requirements not current at the time of the acceptance of order.
The benefit of this agreement may be assigned in whole or in part by the Company without the prior written consent of the Customer. The Customer shall not assign or transfer or purport to assign or transfer the agreement or the benefit thereof to any other person.
The headings of these Conditions are for convenience only and shall have no effect on the interpretation thereof.
The Company shall be entitled by notice in writing summarily to determine any agreement without prejudice to any claim or right the Company may otherwise make or exercise where:
- the Customer is in breach of any term, condition or provision of this agreement or required by law;
- the Customer shall go into liquidation (except for the purpose of reconstruction) or if any petition or resolution to wind up the Customer shall be presented or if a receiver is appointed of the Customer’s undertaking property or assets or if a distress shall be levied upon any of the Customer’s property or if the Customer shall commit any act of bankruptcy.
The agreement shall be governed by and construed in accordance with English law and the Courts of England shall have jurisdiction to hear all disputes arising in connection with the agreement.
ECA respects your right to privacy. The following policy we hope will answer any questions you might have concerning the way customer information is collected, controlled and safeguarded. ECA follows all applicable laws on data privacy protection and data security. The ultimate goal for gathering information is to improve service and support to customers.
ECA will not collect any personal data about you (e.g. your name, address, telephone number or e-mail address), unless you voluntarily choose to provide us with it (e.g. by registration, surveys, etc.).
ECA is the sole owner of the information collected on our web sites. Under no circumstances will we share your customer information with anyone other than those directly involved with the purchase and shipment of your order, unless you explicitly give us permission to do so.
We may use your e-mail address to notify you of special offers and promotions that you are eligible to participate in as a registered customer. You may decline this service.
Non-Personal Data Collected Automatically
When you access our Web site, we may automatically (i.e., not by registration) collect non-personal data (e.g. type of Internet browser and operating system used, IP address, domain name of the Web site from which you came, number of visits, average time spent on the site, pages viewed). We use this data to monitor web interaction, analyse trends, improve performance and content and study the needs of customers more closely. This will be performed in accordance with the applicable data privacy protection legal framework.
Purpose of Use
When you do provide us with personal data, we usually use it to respond to your inquiry, process your order or provide you access to specific information or offers. Also, to support our customer relationship with you:
- we may store and process personal data and share it with our worldwide affiliates and partners to better understand your business needs and how we can improve our products and services; or
- we (or a third party on our behalf) may use personal data to contact you about an ECA offer in support of your business needs or to conduct online surveys to understand better our customers’ needs.
If you choose not to have your personal data used to support our customer relationship (especially direct marketing or market research), we will respect your choice. We do not sell or otherwise market your personal data to third parties, except to ECA’s affiliates and partners.
ECA will collect, use or disclose personal data supplied by you online only for the purposes disclosed to you, unless the disclosure:
- is a use of the personal data for any additional purpose that is directly related to the original purpose for which the personal data was collected,
- is necessary to prepare, negotiate and perform a contract with you,
- is required by law or the competent governmental or judicial authorities,
- is necessary to establish or preserve a legal claim or defence,
- is necessary to prevent fraud or other illegal activities, such as wilful attacks on ECA IT systems.
“Cookies” – Information Stored Automatically on Your Computer
When you view our Web site, we may store some data on your computer in the form of a “cookie” to automatically recognize your PC next time you visit. Cookies can help us in many ways, for example, by allowing us to tailor a Web site to better match your interests or to store your password to save you having to re-enter it each time. If you do not wish to receive cookies, please configure your Internet browser to erase all cookies from your computer’s hard drive, block all cookies or to receive a warning before a cookie is stored.
ECA will not knowingly collect personal data from children without insisting that they seek prior parental consent if required by applicable law. We will only use or disclose personal data about a child to the extent permitted by law, to seek parental consent pursuant to local law and regulations or to protect a child. The definition of “child” or “children” should take into account applicable laws as well as national and regional cultural customs.
To protect your personal data against accidental or unlawful destruction, loss or alteration and against unauthorized disclosure or access, ECA uses technical and organizational security measures.
Links to Other Web Sites
ECA Web sites contain links to other Web sites. ECA is not responsible for the privacy practices or the content of other Web sites.
Questions and Comments
By visiting ECA’s website, you consent to the practices described in the Privacy notice and your visit and any dispute over privacy is subject to this notice.
RMA Service Policy
ECA UK has established the following guidelines to give you the best support and shortest turn around time possible.
ECA UK intends to fulfil customer’s demands in post-sales support. As a consequence, all manufacturers warranties will be passed through or assigned to the client under the terms offered by the manufacturer. In addition, it may be possible for the client to purchase additional warranty periods.
There are a number of exceptions not covered by warranty which may include misuse, accidental damage, non-recommended usage and any other problems excluded by the warranty.
3. REPAIR PROCESS
3.1 Obtaining an RMA number
When requesting an RMA (Return Merchandise Authorization) number, please access ECA UK RMA service website and describe the problems encountered in detail on the “Repair Information Form” error descriptions such as “does not work” and “failure” can cause some delays in the repair. Please describe in detail the application environment, configuration and problems encountered.
Lack of error description may cause an NFF (NO FAULT FOUND) situation. NFF repairs will cause a minimum repair charge see 3.1.2.
If you are uncertain about the cause of the problem, please contact ECA UK customer service center. They may be able to find a solution that does not require sending the product for repair.
3.1.2 No Fault Found
If no fault is found then there will be a minimum repair charge of £62.50. Delivery back to the client will be chargeable to the client.
3.1.3 Non-Registered partners or end users
Send the goods direct to ECA UK office, according the description in chapter 3.2, with a detailed error report, copy of invoice in case of warranty, complete address, PO-Number, contact person, telephone and fax number. You will receive our RMA order Receipt with our RMA number. Use this RMA number for any communication.
3.2 Returning the product for repair
After you have completed and returned the “Repair Information Form” send us the faulty product, without accessories (manuals, cables etc). Remove any unnecessary components from the card, such as CPUs, ROM or DRAM. If you include these parts (because you believe they may be part of the problem), note clearly that they are included. Otherwise, we cannot be responsible for their return. Make sure the automatically generated delivery note is enclosed.
If the item has been used for medical purposes, you will be required for provide a certificate of decontamination. If this is not provided, ECA UK has sole unfettered discretion to reject the package at goods in/receiving stage where the item will then be returned unrepaired and all shipping fees will be chargeable to the client.
Ship the parts by your forwarder or parcel Post. The customer will bear the shipping charges, and ECA UK will bear the return charges. Attach an invoice to the carton. To save handling time, customer shall address the parts directly to the RMA Department and mark “Attn. RMA Department” on the package. Please use original or correct packaging.
ECA recognises that its activities and operations have an impact on the environment and is committed to conserving natural resources, operating in a manner sensitive to the environment and complying with all relevant legislation. In particular:
ECA is committed to:
- Minimising waste products from all processes;
- Maximising the efficient use of energy and water;
- Reducing the impact of travel/transport;
- Accessing the most technically accurate advice that promotes current best environmental practice;
- Preventing pollution wherever possible;
- Complying with all relevant environmental legislation, applicable consents and codes of practice to which the company subscribes;
- Continual improvement in environmental performance.
ECA will achieve these commitments by:
- Setting and reviewing progress towards environmental objectives and targets and management programmes to ensure continual improvement;
- Providing environmental training for all employees to understand the company’s environmental policies, objectives and programmes and their role within them;
- Including environmental considerations in our Procurement Procedure;
- Ensuring the company understands and complies with the requirements of all environmental legislation, guidelines and codes of practice applicable to the organisation;
- Working with suppliers and contractors to encourage the adoption of environmentally responsible practices.
Responsibility for ECA’s environmental policy lies with the Managing Director.