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
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 tax, 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 Leinster geographical area and to Corporate customers only.
A two year return to base warranty applies to all private buyers/home users
regardless of geographical location.
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
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
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.