Purchasing Terms and Conditions
Terms and Conditions
These terms and conditions are effective from 28.10.2005 until further notice. Please read the following in full before Purchasing. By clicking on the "Confirm Order" button you are confirming that you have read this agreement, have understood the agreement, and agree to be bound by the conditions. If you do not agree with any of the following, then DTEK Ltd. will not enter into a contract with you, and you should not click on the "Confirm Order" button and discontinue with the online ordering process.
The terms herein regulate the customer's use of items provided by DTEK Ltd., we, our and us. The Customer is you, the person, persons or company purchasing products and/or services from DTEK Ltd.. DTEK Ltd. is the Product Vendor and/or Service Provider as identified on all correspondence, including invoices detailing products and/or services queried, quoted, ordered, purchased and delivered and inclusive of any other correspondence arising. The site refers to DTEK Ltd. website, Cablegear.co.uk, any other address or subsequent websites maintained by DTEK Ltd.. Cablegear.co.uk branded products refer to custom manufactured products tested and sold by DTEK Ltd.. Third party products are those that DTEK Ltd. resells to you the customer, and are not Cablegear.co.uk branded.
All prices exclude freight and any other charges that may apply unless stated otherwise. Our prices fluctuate constantly and DTEK Ltd. reserves the right to change prices in accordance with price changes from our suppliers, market conditions, or any other external factor. Should there be a pricing error on the website, in any correspondence from DTEK Ltd., or by any other communicative method, the right is reserved by us to cancel the order and offer the product(s) and/or service(s) at the correct price.
All of our quotations unless otherwise stated are valid for a period of 10 days from the date of issue, unless there is an express provision between the parties for a different period to apply. This includes third party products. DTEK Ltd. reserves the right to withdraw any quotation. We reserve the right to correct any error DTEK made in the preparation of a quotation and reissue the quotation if necessary, which will be valid for a period of 10 days starting on the day of reissue.
Orders may be made through the website, by email, and are considered confirmed by means of Order Confirmation, or by verbal agreement. Amendments to orders and cancellations of orders must be received by email, or another form of written correspondence, but may be accepted by another method, subject to the agreement of DTEK Ltd.. Cancellation of orders must and can only be made within 7 days of an order placed or by verbal agreement. There is no charge for cancellations. Details of all orders made will be stored on our database.
All orders must be prepaid before supply, or performance of service. Only companies and public bodies are entitled to apply for a credit account, and if and/or when this is approved, 30 days credit from invoice date may be applied to transactions. DTEK Ltd. reserves the right to investigate all information given to us by you in respect of credit and trade account applications. This may include contacting any or all of your references supplied. Failure of part or full payment of the current order, or indeed any previous order by the parties concerned, may result in DTEK Ltd. refusing to process the order concerned, or any future orders. Goods remain the property of DTEK Ltd. until payment in full has been made. Should the goods be resold or used as components in any system manufactured and subsequently sold, the proceeds of sale remain the property of DTEK Ltd., and must be held by you for DTEK Ltd., in order to settle unpaid orders. DTEK Ltd. retains the right to request certain methods of payment only. Attempts to proffer payment that are found to be fraudulent or in any way unlawful will be reported to the relevant authorities.
Delivery will only take place on orders that have satisfied the criteria in section 5 above. The delivery option chosen, gives the time of delivery between our warehouses and the customer. Estimated delivery dates and times are estimates, and DTEK Ltd. accepts no responsibility for delivery delays. The delivery times do not include time between the placing of order, ordering stock, picking out, packaging, and despatching. The place of delivery is that which is specified on the web order form, by verbal agreement over the phone, in person, or by any other form of written or verbal communication. Refusal of delivery without DTEK Ltd. prior consent will result in you being liable for all costs, or losses resulting from that refusal, and if applicable, your continuing refusal to accept delivery. Part delivery of an order may be made subject to the agreement of both parties, and the payment by the customer of any extra freight charges incurred in the process. Risk of loss of the goods passes to you upon delivery.
All of DTEK Ltd. product items come with a 1 year Return warranty. Should products be defective within this period DTEK Ltd. will repair or replace the product within a reasonable time. The customer must offer DTEK Ltd. all information, courtesy and accommodation needed during this time. The warranty only applies to DTEK Ltd. sold items and does not apply to 3rd party products, fitness for any particular purpose, damage caused by yourself, another party or any external force, modifications, repair, incorrect installation or indeed any other action by yourself or another party that renders an alteration or a damage of any kind to the system. Once any attempt is made to investigate the internal components of any part of the item, this results in the warranty becoming void. DTEK Ltd. may alter this warranty period and terms, but this will not affect products purchased prior to the change. In respect of 3rd party goods, these will be covered by a manufacturer's warranty which accompanies the goods themselves. These 3rd party warranties are completely independent from DTEK Ltd., and DTEK Ltd. has no responsibility for their inclusion, exclusion, or indeed any other issues arising from these warranties, or lack thereof, should the case be. Goods returned to DTEK Ltd. that are either outside of their warranty period, and/or are damaged due to actions that are outside the conditions set down in the warranty may be repaired by technicians at DTEK Ltd., but only subject to express approval and will be charged at DTEK Ltd. labour charges, and the customer will be liable for any other expenses arising during the reasonable repair, storage and transportation of the good(s).
Dead on arrival or damaged in transit products must be reported to DTEK Ltd. in writing within 7 days of receipt. Customers can cancel their order and return goods within 7 working days of purchase. Goods returned must have been handled with care. Customers have a statutory duty of care. Goods must be returned complete (including all packaging, cables, manuals, promotional gifts, CD's etc for that product), unless goods are faulty. If any item(s) are missing when received then the product is deemed incomplete. After the passing of these 7 days, the customer is deemed to have accepted the product(s). This does not affect your statutory rights. When seeking to return all or part of an order, the customer must fill out in detail, and in good faith, the returns form, return it to DTEK Ltd., and once a valid RMA number is issued, then the customer can return the item. Once a RMA number is obtained, the item(s) must be returned to DTEK Ltd. at the customer's own arrangement and expense. When the item(s) is returning to the customer, DTEK Ltd. will arrange the delivery and pay the freight costs incurred. Goods that are mistakenly returned as faulty will incur a €25 fee and any additional charges such as freight will be added to this fee. Goods returned without a valid RMA number will be returned to the customer untested and unopened. DTEK Ltd. endeavDTEK to investigate all returns within a reasonable time but will not be held responsible for delays such as, but not limited to, those outlined in section 13 below. While we will endeavor to accommodate all returns, this may not be possible, subject to constraints, such as, but not limited to time constraints, imposed by suppliers, manufacturers, or any other third party. We will not be held responsible for returns that we can not process, but we will always endeavor to accommodate returns where possible
Services will be provided by DTEK Ltd., or a nominated Service Provider.
10. Customer Obligations:
The customer is responsible for all telephone and postal charges contacting DTEK Ltd., and your own choice of Product and its suitability for purpose. [All products are fit for purposes described, but it is the customer's obligation to ensure compatibility between items]. Reasonable courtesy, cooperation, and information must be provided to DTEK Ltd. at all times, and failure to do so may result in DTEK Ltd. refusal to take and/or complete an order, inquiry or quote. In respect of section 5 above, you the customer warrant that all information supplied by you to us in respect of credit applications is correct and complete, and any charges incurred by you will be honored by your credit card company.
The agreement for sale or supply may be terminated by DTEK Ltd. if the customer fails to pay on time, breaches the agreement, or suspects the customer has breached export controls, which are governed by EU and US export control laws, as well as Irish legislation. Either party to the agreement may terminate the aforementioned agreement if either party has committed a material or indeed persistent breach of the agreement, or the other becomes insolvent, ceases trading, or is unable to pay arising debts.
12. Force Majeure:
In the event of circumstances beyond DTEK Ltd. control, we are not liable for delays in performance and completion. DTEK Ltd. will exercise a time extension for performance in the following situations: strikes, fire, war, acts of terror, shortages in stock, exchange fluctuations, currency shortages, riots, violent disorder, shortage in transportation, governmental or regulatory action, natural disasters, or shortages or delays in deliveries from suppliers or manufacturers or any other event that causes the same result. Either party can terminate the agreement for sale without compensation after two months or any time thereafter.
Disputes arising between DTEK Ltd. and the customer shall be sought to be solved amicably and should it fail to be solved in this manner, each of the parties can take the case to the relevant court of law.
DTEK Ltd. reserves the right to change the terms and conditions listed herein, as a result of changes in legislation, or other extenuating fact DTEK occurring.
Irish legislation and the jurisdiction of the Irish courts apply to this agreement.
By ordering from DTEK Ltd., you are deemed to have accepted the terms and conditions herein. If any part of this agreement is found to be invalid or unenforceable by a court, such a provision is entirely severable, and the rest of the document remains unaffected.