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Terms and Conditions |
1. Definitions
You the customer - A person or company buying products or services from First React Ltd
Consumer - A person buying Products for their own use
Business customer - A company as defined in English law
us, our, First React Ltd - The Product vendor as identified on your invoice and, where relevant, Service Provider
acknowledgment - Acknowledgement of Product/Service ordered by you, sent by First React Ltd
Price - as stated in Order Confirmation
Product - as described in Order Confirmation, may include 3rd Party Products and Service Offerings
Service Offering - as described in an First React Ltd Installation agreement and/or Order Confirmation
Service Provider - First React Ltd or its authorised service experts
3rd Party Products - stated in Order Confirmation, not branded or manufactured by First React Ltd
Software - Computer operating systems or applications
2. Application
This Agreement applies to this sale, service and all statements made by First React Ltd in brochures, price lists, adverts, quotations, on the internet or verbally. Variations to this Agreement must be made by First React Ltd in writing. Any other Terms, Conditions or Purchase Orders are excluded. Placing your order means acceptance of this Agreement. First React Ltd may change this Agreement at its choosing.
3. Orders/Contract
Orders are accepted by writing, internet, telephone or fax but are only binding when accepted by First React Ltd. Acceptance by First React Ltd can be refused at anytime before delivery of the ordered goods without prior consent or any reasons given.
4. Price & Payment Terms:
Quotations are only valid in writing and during the period that they state. If no time is stated the quotation will be valid for a period of 14 days. First React Ltd reserves the right to change Products (incl. 3rd Party Products) at any time but First React Ltd guarantees replacement products at least equivalent functionality and performance. Price excludes tax, shipment, insurance and installation. Exchange rates, duties, insurance, freight and purchase costs (incl. for components and services) may cause First React Ltd to adjust prices. Payment will be made before supply or service or, if agreed before order placement, within the agreement terms. First React Ltd may suspend deliveries or service until full payment is received.
5. Delivery/Title/Risk:
The delivery period stated maybe approximate. Delivery by installments may be made. The place of delivery is stated in the Original Order confirmation. Title to Product does not pass until full payment in cash or cleared funds have been received for all goods and services delivered to the buyer under this and all other contracts between the seller and the buyer. Until then the customer must insure and store the goods separately and may not modify, pledge or sell them. First React Ltd may enter the storage premises to repossess the goods at any reasonable time specified by First React Ltd until full payment has been received. Should the customer sell them before title passes, they will become First React Ltd's agent and the proceeds of the sale shall be held on our behalf, separately from the customer's general funds. First React Ltd may sue for the Price before title passes. If the customer refuses delivery without First React Ltd's agreement the customer must pay First React Ltd's expenses or losses resulting from that refusal, including storage costs, until the customer accepts delivery. The promotion of Free delivery on certain items is subject to the promotional item being purchased and delivery being within the UK mainland only. The promotional offer of Free Delivery can be withdrawn without notice.
6. LCD / TFT Display and television Pixel Anomalies:
Due to the manufacturing process employed when producing TFT displays there is a tolerance of pixel anomalies (bright / dark / coloured dots) the limits of which are set by the TFT manufacturer. First React Ltd will only consider a TFT screen to be defective and therefore require replacement in accordance with the warranty when the TFT manufacturer's tolerance limit is exceeded.
7. Acceptance:
When the product is received it must be inspected promptly. Failure to reject within a reasonable period after delivery is deemed to be acceptance of the goods. After this period the goods will have been accepted. If First React Ltd agrees to the return of the Product at its choosing, it must be in its original condition with all packaging and associated items, with a First React Ltd issued returns number and proof of purchase. First React Ltd reserve the right to levy a restocking fee for returned items unless their return is based upon distance selling regulations in force at the time of their return or First React Ltd has determined the item is faulty. Except in the case of faulty items the customer is responsible for the safe and insured return of the item(s) to First React Ltd's head office or other place if advised. The customer should first contact the support department of the product manufacture for assistance before contacting First React Ltd.
8. Distance Selling Regulations:
The Consumer may cancel the contract, by indicating their wish to do so in writing to the Customer Services Department within seven working days, starting the day after product is received, or, if for a service, seven working days starting from the date the Consumer entered into the contract. The Consumer must return the goods to First React Ltd in its original condition with all packaging, associated items and a First React Ltd issued returns number. The cost of the return is to be borne by the consumer. The Regulations do not apply to used goods and unsealed licensed software or items specifically built to order. First React Ltd will refund, less appropriate deductions, to the Consumer within thirty days of the written notice of cancellation, by the original method of payment. First React Ltd will deduct from any refunds the direct charges incurred by First React Ltd of Contract Details: Your contract is with: First React Ltd. 57-59 Port Street
Evesham
Worcestershire
WR11 3LH. Telephone; 01386 244 501 Fax; 01386 40593. If you have any questions or complaints regarding the company, these can be addressed to the Customer Care Manager at the above address. This is the registered headquarters of First React Ltd. The company will endeavor to acknowledge written complaints within 5 working days. The time it takes to reach complete resolution of complaints will be governed by the nature and complexity of the issue but we will endeavor to ensure that consumers are informed of the progress of complaints as appropriate. No Personal calls will be answered! Our sales team will happy to send you a quotation if required by fax or post detailing your requirements or you may want to print out your web order for your records. Distance Selling regulations allow for a cooling off period of seven days from receipt of goods covered under the legislation. Customers may return specified goods without reason within this period for a refund. This excludes goods made to the consumer's specifications. It does not apply to goods intended for everyday consumption. Video recordings or computer software unsealed by the consumer are also excluded. The cost of returning and appropriately insuring the goods until satisfactory receipt at First React Ltd will be borne by the customer. To cancel the contract First React Ltd's Customer Care Manager must be contacted in writing/e-mail at the above address within 7 working days of receipt of the goods. Delivery is deemed to be completed on the day after receipt of the goods. The customer will be required to return the goods before a refund can be processed. Following receipt of written rejection the customer care department will contact the customer with a "RMA" number within 5 working days. This number must be quoted on all returned goods so that the goods can be properly identified. The company cannot be held responsible for goods returned without proper identification. It is the customer's responsibility to ensure the safe return of the item(s) in the original condition with all associated items and packaging. The item(s) will be deemed as returned upon inspection and confirmation that they are complete and in good order by First React Ltd a refund will be issued within 30 days of satisfactory receipt of the goods at First React Ltd. Refunds will be by payment to the originating credit card or by cheque at the discretion of First React Ltd. Products are covered under the terms of the Sale of Goods Act 1979 (as amended). Products are covered by the standard manufactures warranty conditions unless otherwise stated. These details form part but are not the exclusive extent of your contract with First React Ltd which is governed under English law. Your statutory rights as a consumer are unaffected.
9. Warranty:
All products are covered by the conditions set out by the Manufacture of the item unless otherwise described. The customer must allow First React Ltd to examine Product at First React Ltd's premises (at our choosing). First React Ltd owns any replaced Product or parts. All reasonable care and endeavor shall be used to resolve problems within a realistic period in the circumstances. Where a particular part is not available First React Ltd reserves the rights to substitute the part with one of an equivalent or greater performance. An item will be deemed as faulty only after investigation by the Manufacture or First React Ltd. The warranty will only be activated after diagnoses by the Manufacture or First React Ltd of a warranty fault. First React Ltd does not give a warranty or guarantee protection for: a) damage caused by incorrect installation, use, modifications or repair by any unauthorised 3rd party or the customer; b) damage caused by any party or other external force; c) fitness for any particular purpose not notified to First React Ltd and agreed in writing at the point of sale or prior to delivery.
10. Services:
Services will be provided by First React Ltd or a Service Provider on First React Ltd's behalf. Response times are estimates and may vary according to the remoteness or accessibility of Product location. Service may be provided via telephone, internet, e-mail, letter or any other means of communication both written and verbally where appropriate. If agreed, and stated in the Order Confirmation, Service Offering may include advice, asset tagging, installation, integration, disposal, training and /or consultancy. Unless stated in Order Confirmation the following are excluded from Service: items excluded from Warranty, changes to configuration, relocation, preventative maintenance, consumables, diskettes, unnecessary work in First React Ltd's assessment, electrical environment, transfer of data or Software, viruses and customer initiated errors either hardware or software. First React Ltd reserve the right to charge for any service carried out that it determines is the result of a customer initiated error, modification or misuse. 3rd Party Products will be repaired according to manufacturer or licensor warranty. Parts not critical to Product function, may not be serviced within Service Offering time period.
11. Liability:
First React Ltd's liability in respect of defects in the goods shall be limited to those stated in Clause 9 and subject to Clause 2(1) of the Unfair Contract Terms Act 1977, First React Ltd shall not be liable whether in contract or in tort, including but not limited to negligence, or by reason of breach of statutory duty or otherwise, for any damage or loss whatsoever suffered by the buyer arising out of or attributable to such defects. Neither party shall be liable to the other for any indirect or consequential loss or damage, loss of profit, loss of use or production or of contracts which the other may suffer arising out of any breach by a party of its obligations under the contract and whether the same be due to the negligence of that party or not.
12. Software:
Software not owned by First React Ltd is supplied subject to the licence and warranty of the Software licensor. First React Ltd encloses the Software licence that the customer requires with the Product where necessary; you must comply with that licence.
13. Export Control:
The customer acknowledge that Product may include technology and Software which is subject to EU and US export control laws and laws of the country where it is delivered or used: the customer must abide by all these laws. Product may not be sold, leased or transferred to restricted end users or countries or for a user involved in weapons of mass destruction or genocide. The customer acknowledges that EU and US restrictions vary regularly and depending on Product, therefore you must refer to the current EU and US regulations.
14. Force Majeure:
First React Ltd is not liable for delays in performance (incl. delivery or service) caused by circumstances beyond its reasonable control and will be entitled to a time extension for performance; examples include strikes, supplier/transport/production problems, exchange fluctuations, governmental or regulatory action and natural disasters. If this lasts more than 2 months, this Agreement may be terminated by either party without compensation.
15. Confidentiality:
Each party must treat all information received from the other marked "confidential" or reasonably obvious to be confidential as it would treat its own confidential information.
16. Termination:
First React Ltd may terminate this Agreement with written notice if the customer: a) fails to pay on time and within 14 days of written notice; b) breaches or First React Ltd suspects the customer has breached export control laws. Either party may terminate if the other; a) commits a material or persistent breach of this Agreement and fails to remedy this within 30 days or written notice from the other; or b) becomes insolvent or is unable to pay debts as they fall due. First React Ltd reserve the right to charge for any components, engineer's time and related costs due to order cancellation.
17. Your obligations as a Customer:
You are responsible for; a) your own choice of Product and its suitability for purpose; b) your telephone & postal charges in contacting First React Ltd. The customer must provide First React Ltd with all reasonable courtesy, information, cooperation, facilities and access to enable First React Ltd to perform duties, failing which First React Ltd shall not be obliged to perform any service or assistance. The customer is responsible for the removal of non First React Ltd supplied products during service, the back up and confidentiality of all data in Product and all of your legal and regulatory requirements.
18. Data Protection:
Your payment data will not be held on any of our systems. We may store information (other than payment) for the benefit of returning customers.
By submitting information via this site or any related telephone registration process:
You consent to the processing of data personal to you, such as your name and title, address, telephone number, contact details and other personal details ("Personal Data"), in accordance with the terms notified in the "Personal Data" (or similarly entitled) part of the registration/data input form or telephone registration process for this site.
You acknowledge that the processing of your Personal Data is necessary and/or desirable for the personalisation of your visit to this site and/or the granting and controlling of access to this site or parts thereof to registered Users or paying subscribers and for fraud prevention purposes you consent to such processing.
In certain circumstances we may seek additional personal information such as dates of birth, photocopies of identification documents or credit cards for example for identity verification or fraud prevention purposes. Where such additional information is submitted to us, it shall also be regarded as "Personal Data".
19. Consumer Rights:
Any statutory Consumer rights are unaffected by this Agreement.
20. Jurisdiction:
English law and the exclusive court jurisdiction of the English courts will apply to this Agreement. The Vienna Convention on Contracts for the International Sale of Goods is excluded.
21. Miscellaneous:
If any part of the Agreement is found to be invalid or unenforceable by a court, the rest is unaffected. First React Ltd may subcontract its obligations to a third party. Otherwise, neither party may assign or transfer any obligations or rights. All notices must be in writing (by hand, email, fax or 1st class post deemed delivered 48 hours after posting) and sent to a legal officer of either party.
Thank you for doing business with First React Ltd.
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