Terms & Conditions of Sale

Autocom Software Updates

These Terms & Conditions govern the sale of goods and services provided by Autocom Software Updates.

1. General

1.1 In these Conditions of Sale:

“The Company” means Autocom Software Updates
“The Buyer” means the person, firm, or company ordering or purchasing goods or services from the Company
“The Goods” means the products, software, updates, services, or materials supplied under the relevant order or contract

1.2 No contract shall exist between the Company and the Buyer until the Buyer’s order has been accepted by the Company.

1.3 If the Buyer seeks to apply terms different from these Conditions, acceptance by the Company shall be deemed a fresh offer under these Conditions.

1.4 No other terms or conditions shall vary these Conditions unless expressly agreed in writing by the Company.

2. Price

2.1 Quoted prices include normal packaging costs but exclude:

Delivery charges
Transit insurance
VAT (where applicable)
Installation or additional service charges

2.2 Prices charged shall be those ruling at the date of dispatch.

2.3 The Company reserves the right to amend quoted prices at any time prior to dispatch.

3. Dispatch and Payment

3.1 Unless otherwise specified, all prices are quoted ex-warehouse.

3.2 Additional charges may apply for:

Delivery and insurance
Expedited delivery
Delivery to alternative addresses

3.3 If work or delivery is suspended at the request of, or due to default by, the Buyer for a period of 30 days, the Company shall be entitled to payment for:

Work already completed
Materials specially ordered
Storage and additional costs

4. Credit Policy and Payment Information

4.1 If the Buyer does not have a credit account, a credit application may be requested.

4.2 The Company may require:

Bank name and address
Two trading references

4.3 Credit accounts normally take up to 10 days to establish.

4.4 Credit terms are 30 days net from invoice date, unless otherwise stated.

4.5 Overdue accounts may be placed on credit hold, meaning:

No further goods will be shipped
Support, repair, or warranty services may be withdrawn

Repeated failure to comply with credit terms may result in permanent withdrawal of credit facilities.

5. Additional and Preliminary Work

5.1 Any work carried out beyond that specified in the quotation or order, whether experimental or otherwise, shall be charged additionally.

6. Retention of Title

6.1 The Goods shall remain the property of the Company until the Company has received full payment for:

The Goods supplied
Any other outstanding amounts owed by the Buyer

6.2 Until full payment is received:

(a) The Buyer shall store the Goods properly and ensure they are clearly identified as the Company’s property.

(b) The Company may recover Goods remaining in the Buyer’s possession and may enter the Buyer’s premises for this purpose (with lawful consent where required).

(d) The Buyer has a fiduciary duty to account to the Company for proceeds of resale, retaining only any surplus once all outstanding sums are paid.

7. Risk

7.1 Risk in the Goods shall pass to the Buyer upon delivery.

8. Buyer’s Property

8.1 Any property belonging to the Buyer, while in possession of the Company or in transit, shall remain at the Buyer’s risk.

8.2 The Buyer must insure such property accordingly.

8.3 The Company may charge reasonable storage fees for Buyer’s property left before an order is received or after work completion notification.

9. Loss or Damage in Transit

9.1 The Buyer must inspect Goods immediately upon delivery.

9.2 The Company reserves the right to reject claims for:

Shortages
Transit damage
Non-delivery

unless reported within 7 days of the due delivery date.

10. Late Delivery

10.1 The Company will use best endeavours to meet delivery requirements but shall not be liable for consequences of late delivery, however caused.

11. Defective Products and Returns

11.1 The Company’s liability for defective Goods shall be limited to:

Replacement of faulty items
Issue of a credit note
Refund or other compensatory measures at the Company’s discretion

11.2 The Company shall not be liable for indirect or consequential loss, including loss of profits, except where liability cannot be excluded by law.

11.3 A returns authorisation number must be obtained from Customer Service before returning Goods.

11.4 Returned Goods must:

Be in original packaging
Be clean and resaleable

Goods returned otherwise may be refused or subject to an additional restocking fee.

11.5 Warranty returns must be accompanied by proof of purchase.

11.6 The Buyer is responsible for insuring returned Goods. The Company is not responsible for Goods lost in transit.

11.7 Specifications, availability, and pricing may be varied or withdrawn without notice.

12. Export Control

12.1 The Buyer shall not export or resell outside applicable jurisdictions any Goods subject to export control laws without obtaining all necessary licences.

13. Recruitment of Employees

13.1 Neither party shall employ staff of the other party during the contract and for six months thereafter without agreement.

13.2 If breached (other than through bona fide public advertisement), the employing party agrees to pay compensation equal to six months’ salary of the employee concerned.

14. Force Majeure

14.1 The Company may cancel, vary, or suspend the contract if events outside its control occur, including but not limited to:

Fire, flood, storm
Strikes or lock-outs
Material shortages
Hostilities or riots
Plant breakdown

The Company shall not be liable for breach caused by such events.

15. Cancellation and Termination

15.1 The Company may withhold or cancel deliveries and recover losses if the Buyer:

(a) Fails to make payment when due
(b) Enters insolvency or bankruptcy proceedings
(c) Breaches any term of these Conditions

This shall be without prejudice to any other rights or remedies.

16. Governing Law

These Conditions of Sale shall be governed by and construed in accordance with the laws of England and Wales.

Terms and Conditions