ComNet Europe Limited, (d.b.a. ComNet™) TERMS AND CONDITIONS OF SALE
1.) Acceptance. Any purchase order received by ComNet™ shall be construed as a written acceptance of ComNet's offer to sell goods. The contract created by such acceptance is expressly limited to the terms and conditions contained herein. Notwithstanding any subsequent performance by ComNet™, no additional terms or conditions contained in a purchase order or other document delivered by Buyer, except as assented to in writing by ComNet™ shall be deemed to be part of said contract.
2.) Delivery. Delivery shall be deemed to have occurred, and sole risk and expense, and any claim for loss or damage in transit will have passed to Buyer upon the goods being collected by their appointed carrier from which, unless otherwise specified, shall be ComNet™ Warehouse in Leeds, UK. Alternatively the Buyer may agree to use the ComNet™ appointed carrier in which case delivery of the goods shall be deemed to have occurred on receipt of goods to the acknowledged delivery address. In such case that Buyer agrees to use the ComNet™ appointed carrier, transportation and insurance will be arranged by ComNet™ at a nominal charge which will be added to the invoice. The Buyer must indicate in writing on their purchase order if they wish to use their own transport. Date of delivery is determined from the date of ComNet's order acknowledgement of the Buyer's purchase order and is an estimate of the approximate date of delivery, but not a guarantee of a particular date of delivery. ComNet™ shall be excused from any prohibition, failure, interruption or delay in manufacture or delivery which may be occasioned by sabotage, fire, flood, explosion, labour dispute, strike, work stoppage, riot, insurrection, war, act of, or priorities granted by request of or for the benefit directly or indirectly, of any government body, authority or agency, shortage of raw materials or supplies, act of God, or of any other cause beyond ComNet's control. In the event of any such prohibition, failure, interruption, or delay, COMNET™ may cancel the order in whole or in part. IN NO EVENT SHALL COMNET™ BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES OR CLAIMS RESULTING FROM FAILURE OR DELAYING DELIVERY.
3.) Payment. The terms of payment for each order shall be net cash within 30 days from the date of invoice unless agreed by both parties and stated on the invoice. Payments shall be made in the same currency as stated on the invoice. The unpaid portion of any amounts due to ComNet™ shall bear interest at the rate of 1.5% per month simple interest.
4.) Limited Lifetime Warranty.
(a) Seller warrants to the original End User that products and any services furnished hereunder will be free from defects in material and workmanship as of the date of delivery, and will conform to Seller's published technical specifications. The foregoing shall apply only to failures to meet said warranties which appear within that period of time during which the Products are installed in their original installation for the original End User and operator of such Products; provided, however, that in the event of product discontinuance, warranty support is limited to five (5) years from the announcement of discontinuance. Notwithstanding the preceding sentence, the duration of the warranty period for products not manufactured by Seller (e.g., fiber optic cabling, test equipment, power supplies or batteries) shall be the warranty period offered by the original manufacturer, if any. (b) The conditions of any tests shall be mutually agreed upon and Seller shall be notified of, and may be represented at, all tests that may be made. The warranties and remedies set forth herein are conditioned upon (a) proper storage, installation, use and maintenance, and conformance with any applicable recommendations of Seller and (b) Buyer promptly notifying Seller of any defects and, if required, promptly making the product available for correction. (c) If any product or service fails to meet the foregoing warranties, Seller shall thereupon correct any such failure either at its option, (i) by repairing any defective or damaged product or parts of the products, or (ii) by making available any necessary repaired or replacement products or parts thereof. Any repaired or replacement part or product shall be warranted for the remaining period of the original Warranty Period. Buyer shall pay for, the cost of freight for all return shipments of products or parts to the Seller. Where a failure cannot be corrected by Seller's reasonable efforts, the parties will negotiate an equitable adjustment in price. (d) The preceding paragraph sets forth the exclusive remedies for claims based on defect in or failure of products or services, whether the claim is in contract, indemnity, warranty, tort (including Seller's negligence), strict liability or otherwise and however instituted. Upon the expiration of the warranty period, all such liability shall terminate and BUYER shall have a reasonable time, within thirty days after the warranty period, to give written notice of any defects which appeared during the warranty period. The foregoing warranties are exclusive and in lieu of all other warranties, whether written, oral, implied or statutory. NO IMPLIED OR STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY. Seller does not warrant any products or services of others, which BUYER has designated. To obtain warranty service, you must first call ComNet™ and speak to a qualified service representative. If a return of product is deemed necessary, a Return Merchandise Authorization number (RMA #) will be issued. Upon receiving RMA #, the product must be shipped back in either its original packaging or packaging affording an equal degree of protection back to ComNet™. This warranty does not cover cosmetic damage or damage due to acts of God, accident, misuse, abuse, negligence, or modification of, or to any part of the Product. This warranty does not cover damage due to improper operation or maintenance, connection to improper voltage supply, or attempted repair by anyone other than a facility authorized by ComNet™ to service the product. Repair or replacement as provided under this warranty is the exclusive remedy of the consumer. ComNet™ shall not be liable for any incidental or consequential damages for breach of any express or implied warranty on this product. Except to the extent prohibited by applicable law, any implied warranty of merchantability or fitness for a particular purpose on this product is limited in duration to the duration of this warranty. This warranty only covers the first user of the equipment.
On-Site Product Support: ComNet™ may at its sole discretion provide On-Site product technical support at the request of the Buyer; after all reasonable remote technical support efforts have been made. Should the identified product performance issue turn out to not be related to the identified ComNet™ product, ComNet™ at its sole discretion, reserves the right to charge the Buyer for all-costs associated with providing on-site support.
5.) Changes and Cancellations. ComNet™ reserves the right to make changes in design or additions to or improvements in its products without liability or obligation to make equivalent changes in products previously manufactured. All prices, extras, and applicable freight or transportation rates are subject to change, without notice, to reflect ComNet’s prices, extras and applicable freight or transportation rates, in effect as of the date of shipment. Buyer may, in writing, request changes in methods of shipping and packaging, schedule and place of delivery, subject to appropriate adjustments in price and time of delivery. An order cannot otherwise be modified or cancelled by the Buyer without the written consent of ComNet™, and, in no event, shall any order be modified or cancelled by Buyer without the written consent of ComNet™, and in no event, shall any order be modified or cancelled for any portion thereof already manufactured, or in process of manufacture at the time when request for modification or cancellation is received by ComNet™, except upon terms satisfactory to ComNet™, which shall protect and indemnify ComNet™ against all loss incurred as a result of such modification or cancellation.
6.) Taxes. Any excise, levy or tax which ComNet™ is required to pay or collect, under any existing or future law or regulation (domestic or foreign), upon or with respect to the sale, purchase, delivery, storage, processing, use, consumption, or transportation of any of the goods covered hereby, shall be for account of Buyer, who agrees to pay the amount thereof to ComNet™ upon request.
7.) Legal Requirements. ComNet™ intends to comply with all Federal, State, and local laws or regulations applicable to the performance by ComNet™ hereunder, provided, however, that any failure of ComNet™ to so comply shall not be a defense to, or excuse Buyer from, performance by Buyer hereunder.
8.) Data Protection. For details of how your personal data is used, please refer to ComNet's Privacy Notice.
9.) Further Assurances. ComNet™ may, at any time, suspend performance of any order or require payment in cash security or other adequate assurance satisfactory to ComNet™ when, in ComNet's opinion, the financial condition of Buyer, or other grounds for insecurity, warrants such action. The failure or refusal of Buyer to provide such assurance within ten (10) days after request by ComNet™ will constitute a sufficient basis for cancellation of the order by ComNet™.
10.) Patent Indemnification. ComNet™ will defend, protect, and save Buyer harmless from and against any loss or expense (including reasonable attorney's fees) Incident to any claimed infringement against any patent or trademark due to the characteristics of any goods or parts thereof designed and manufactured by ComNet™ or its parent company Communication Networks LLC, provided the Buyer shall give ComNet™ prompt notice of any claim of infringement and complete authority to defend, settle, or compromise said claim. Buyer will defend, protect, and save ComNet™ harmless from and against any loss or expense incident to any claimed infringement of any patent or trademark arising out of (A) the manufacture, use, or sale of any goods or parts thereof which are manufactured by ComNet™ in accordance with design criteria furnished by the buyer, (B) the use of goods in combination with goods not reasonably contemplated by ComNet™, and (C) the use of goods, or any part thereof, and a manner not reasonably contemplated by ComNet™. ComNet's liability for damages hereunder is limited to the value of goods sold to the Buyer hereunder with respect to which such infringement is alleged, and, in no event, shall ComNet™ be liable for any consequential or incidental damages. The above is in lieu of any other indemnity or warranty, express or implied, with respect to patents, trademarks, or copyrights.
11.) Assignment. Neither the rights nor the obligations of either party hereunder are assignable in whole or in part without the prior written consent of the other party.
12.) Governing Law. This agreement shall be governed in accordance with the laws of the United Kingdom.
13.) Restocking Fee. -25% will be charged for all returned items.
ComNet Europe Limited respects your privacy and is committed to protecting your personal data. This privacy notice will tell you how we look after your personal data and about your privacy rights and how the law protects you.
1. IMPORTANT INFORMATION AND WHO WE ARE
ComNet Europe Limited (“we”, “us” or “our”) is the controller and is responsible for your personal data.
We have appointed a Data Privacy Manager (DPM) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact our DPM: Nicola Stead, ComNet Europe Limited, 8 Turnberry Park Road, Gildersome, Leeds LS27 7LE.
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have with you (for example, to provide you with products). In this case, we may have to cancel an order you have placed with us but we will notify you if this is the case at the time.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data about you including, through direct interaction with you. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you: place an order with us; subscribe to our emails; request marketing information to be sent to you; or give us some feedback. We may in some cases consult credit reference agencies in order to assess your credit worthiness.
4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data where we need to perform the contract we are about to enter into or have entered into with you, where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests and where we need to comply with a legal or regulatory obligation.
Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We will process your personal data:
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.
PROMOTIONAL OFFERS FROM US
We may use your Identity, Contact, Technical and Usage Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products may be relevant for you. You will receive marketing communications from us if you have so requested or purchased products from us and you have not opted out of receiving marketing communications.
You can ask us to stop sending you marketing material at any time by clicking on the unsubscribe option when you receive emails from us.
Where you opt out of receiving marketing material, this will not apply to personal data provided to us as a result of any other transaction such as the purchase of products under a contract.
CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may share your personal data with third parties as set out below:
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. INTERNATIONAL TRANSFERS
We share your personal data within the ComNet company group and with third-party service providers. This involves transferring your data to the US. Whenever we transfer your personal data to parties based in the US, we will try to ensure that they are part of the Privacy Shield which requires them to provide a similar degree of protection to personal data shared. Please contact us if you would like further information about this.
7. DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have also put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. We retain all information relating to your file (including Contact, Identity, Financial and Transaction Data) for a period of 7 years. In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. YOUR LEGAL RIGHTS
You have the right to:
You also have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.