Terms & Conditions
This Agreement applies to this sale, service and all statements made by Encom in brochures, price lists, advertisements, quotations, on the internet or verbally. Variations to this Agreement must be made by Encom in writing. Any other Terms, Conditions or Purchase Orders are excluded. Placing your order means acceptance of this Agreement. Encom may change this Agreement at its choosing.
Orders are accepted by writing, internet, telephone or fax but are only binding when accepted by Encom.
Price & Payment Terms
Quotations are only valid in writing and during the period that they state. If unstated, the period is 30 days (10 days for 3rd Party Products). Encom reserves the right to change Products (incl. 3rd Party Products) at any time but Encom guarantees you at least equivalent functionality and performance.
Price excludes VAT, shipment, insurance and installation. Exchange rates, duties, insurance, freight and purchase costs (incl. for components & services) may cause Encom to adjust prices. Payment will be made before supply or service or, if agreed, within 30 days of the invoice date. Encom may suspend deliveries or service until full payment. If payment is late, 2% above the minimum lending rate on the late amount and the costs of recovery shall be payable by you. Cheques may only be accepted conditionally.
Title to Product passes on full payment and until then you must insure and store our goods separately and you may not modify, pledge or sell them. Encom may enter the storage premises to repossess the goods. Should you sell them before title passes, you will become Encom's agent and the proceeds of that sale shall be held on our behalf, separately from your general funds. Encom may sue for the Price before title passes. If you refuse delivery without Encom's agreement, you must pay Encom's expenses or loss resulting from that refusal, including storage costs, until you accept delivery.
When you receive Product you must inspect it promptly and within any statutory reasonable period for inspection or rejection, if any. After this period, you will have accepted Product. If Encom agrees to the return of Product at its choosing, it must be in its original condition with packaging, a return note and proof of purchase; the return costs may also be payable by you.
Encom Manufactured Products
Unless otherwise stated or agreed in writing all warranty information in brochures, price lists, advertisements, quotations, on the Iinternet or verbally applies to the ireland.
You must allow Encom to examine Product at your or Encom's premises (at our choosing). Encom owns any replaced Product or parts. All reasonable care and endeavour shall be used to resolve problems within a realistic period in the circumstances. Encom manufactures and repairs using components, which are new or equivalent to new in accordance with industry standards and practice.
3rd Party Products and Software specified by you
You will receive the warranty for these products directly from their manufacturer or licensor. If requested Encom will advise you as to how best to proceed with a warranty claim.
Encom does not give a warranty or guarantee protection for:
- damage caused by incorrect installation, use, modifications or repair by any unauthorised 3rd party or yourself;
- damage caused by any party or other external force;
- fitness for any particular purpose;
- any instruction given by you and correctly performed by Encom.
Software not owned by Encom is supplied subject to licence and warranty of the Software licensor. Encom encloses the Software licence that you require with the Product where necessary; you must comply with that licence.
You acknowledge that Product may include technology and Software which is subject to US and EU export control laws and laws of the country where it is delivered or used: you 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. You acknowledge that US and EU restrictions vary regularly and depending on Product, therefore you must refer to the current US and EU regulations.
Encom 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.
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.
Encom may terminate this Agreement with written notice if you: 1) fail to pay on time and within 14 days of written notice, 2) breach or Encom suspects you have breached export control laws. Either party may terminate if the other: 1) commits a material or persistent breach of this Agreement and fails to remedy this within 30 days of written notice from the other; or 2) becomes insolvent or is unable to pay debts as they fall due.
Your obligations as a Customer
You are responsible for:
- your own choice of Product and its suitability for purpose;
- your telephone & postal charges in contacting Encom, if any;
You must provide Encom with all reasonable courtesy, information, cooperation, facilities and access to enable Encom to perform duties, failing which Encom shall not be obliged to perform any service or assistance. You are responsible for the removal of non Encom-supplied products during service, the back up and confidentiality of all data in Product and all of your legal and regulatory requirements.
Your data will be held and/or transferred in strict accordance with the applicable data protection laws and Encom's data protection registration and you consent to this. You may instruct Encom not to use your data for direct marketing purposes.
Any statutory Consumer rights are unaffected by this Agreement.
Irish law and the exclusive court jurisdiction of the Irish courts will apply to this Agreement.
If any part of the Agreement is found to be invalid or unenforceable by a court, the rest is unaffected. Encom may subcontract its obligations to a competent 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.