Definitions

The Company shall mean EXECUTIVE TELECOMMUNICATIONS (UK) LIMITED, trading as Topcomms. "Goods" shall refer to either goods or services or both supplied to the Customer by or on behalf of the Company.

Ordering Procedure

The Company will accept orders via our website

Price

The prices on our website are correct at the time of publication, however, these prices are subject to change without notice.

Supply of Goods

You are referred to our Terms and Conditions of Sale as herein stated. All orders taken by us are subject to these Terms and you should not place any order or any further order, or enter into any supply contract with the Company unless and until you have read and understood our Terms and Conditions which will bind you in any business undertaken with us. You are deemed to accept our Terms and Conditions on taking delivery of the goods ordered. All orders, howsoever placed, whether via Visa, MasterCard or Switch other any other method, will be legally binding on the Company, organisation or individual by whom they have, in the sole view of the Company, been place, and as such will be subject to these Terms & Conditions.

Any person, firm or Company who deals directly or indirectly with the Company or with any of its subsidiary or associated companies or who supplies the Company or any of its subsidiary or associated companies with any goods or services or types of services, or who has any other type of trading or business relationship with the Company or with any of its subsidiary or associated companies, or has done so previously within a period of 12 months, (whether or not such person, firm or company carries on the same or a similar business as the Company or any of its subsidiary or associated companies) hereby agrees and undertakes that it shall not induce or attempt to persuade, directly or indirectly, any employee of the Company or any of its subsidiary or associated companies (hereafter called the Employee) to leave his or her employment and/or to accept employment or engagement with it, both for the duration of any contract made with the Company pursuant to these General Terms & Conditions and for a period of 12 months following completion of such contract, or termination thereof by either party. For avoidance of doubt it is expressly agreed that the use of a recruitment or similar agency shall be regarded as a breach of this provision. If any person, firm or Company is in breach of this provision, it hereby agrees and undertakes to indemnify the Company and/or its subsidiary or associated companies against all claims, liabilities, costs, expenses and damages whatsoever arising wholly or partly, directly or indirectly, out of any such breach. Furthermore in the event that any person firm or company breaches this clause in any way it hereby agrees to pay to the Company a sum equivalent to 25% of the salary package/s of the Employee/s, to include any additional benefits including but not limited to cars, pensions, healthcare, commission, expenses and such other items as may reasonably be considered to make up the salary package of the Employee. This clause shall apply notwithstanding whether or not the Employee takes up employment with the person, firm or company in breach of this clause.

The Company do not offer products on sale or return. Any deliveries accept/ed by you are deemed accepted by you in accordance with our Terms and Conditions by which you will be fully bound.

These terms along with, where applicable, the Company’s Maintenance Terms and Conditions, the Company’s Terms and Conditions of Purchase and any Confidentiality Agreements in force or Contractual Agreements duly signed constitutes the entire Agreement between the Company and the Customer and supersedes and cancels any prior Agreements or understandings whether written or verbal and any conditions which may appear on any prior or subsequent documentation from the Customer. For the avoidance of doubt, in case of any conflict between the terms herein and any additional contractual agreements as stated above, the terms herein shall take precedence.

Variation of Terms

All goods supplied by us to you are supplied with the express understanding that they are supplied in accordance with our Terms and Conditions of Sale as set out herein. No variation or attempted variation of these Terms and Conditions made by the customer in any purchase order given by you to us, or otherwise shall be accepted by the Company unless such variations are accepted in writing and signed by two Directors of the Company

Warranty

The Company does not offer a Product Guarantee but each individual manufacturer offers warranties relating to their own product. Many products also offer optional maintenance packages. Unless otherwise stated all manufacturers offer a repair only warranty. Certain manufacturers offer extended warranty periods (e.g. Pocket UK offer a lifetime warranty) or a replacement warranty and details of such warranties are available on request. All goods returned under warranty must be accompanied by the original proof of purchase as warranties are non-transferable. Customers are strongly advised to consider the terms of the product warranties and their implications before ordering goods. The manufacturers warranty period is clearly indicated in the catalogue for each product and it is the customer’s sole responsibility to be aware of the conditions of such warranties. Information on warranties is available on request.

Carriage

Except where otherwise agreed in writing, is as specified on our website. We reserve the right to alter carriage charges at any time. The time for delivery of the goods is not of the essence. The agreed dates for delivery are estimates only and a failure by the Company to comply with them shall not be a breach of these Conditions.

Returns Procedure

In case of any returns, whether faulty product, wrong goods received or otherwise, customers must ring the Customer Service desk on 0161 935 1144 prior to returning any goods to the Company. If goods need to be returned you will be given an Authorised returns number.

No goods should be returned to the Company without clearly bearing an Authorised returns number. Goods are returned to the Company at the customers own risk and expense

If received goods do not appear to be functioning on receipt, or the goods received do not match your order and/or the delivery note, you must notify to us within 7 days of receipt to obtain an Authorised returns number.

Goods found to be faulty within the warranty period will be dealt with in line with the manufacturer’s warranties and should these need to be returned to the Company you will be given an Authorised Returns Number. Every item returned is fully tested on receipt.

Goods found to be faulty outside the warranty period can often be repaired by The Company and this will be charged to the customer. Where a repair is deemed by the Company to not be economically viable this will be advised to the customer and the goods will be disposed of by the Company or returned to the customer at the customers own expense and risk. If equipment returned is found to have no fault an invoice will be raised for carriage plus a handling charge of £10 +VAT per item. The goods will not be returned to the customer until such invoice has been paid, and Incom will hold lien over these goods in lieu of payment

Private Buyers

A private buyer is defined as an individual purchasing goods for their own use, i.e. Not for resale or business use.

A Buyer shall have 7 days from the date of receipt of the Goods to cancel his order by giving notice by letter, fax, or email to the Company.

The effective date of cancellation is the date on which the notice is sent.

If the Buyer fails to return the Goods to the Company within 7 days of the date of cancellation, the Company shall be entitled to recover the Goods and deduct the cost of so doing from any monies owed to the Buyer.

The Company shall refund any monies paid by the Buyer as soon as reasonably possible but in any event no later than 30 days from the date the notice of cancellation was given. The refund shall be made by the same method as payment.

The Buyer shall be liable for the cost of returning the Goods to the Company.

Goods Ordered in Error

The Company will invoice a handling charge of £15 + VAT per item or 20% of the total order cost (or 25% in the case of headset products) whichever is the greater, for the return of goods originally ordered in error. Such errors must be notified to the authorised Returns Department within 3 days of the receipt of goods to obtain an authorised returns number, and the goods must returned to the service centre within 10 days in saleable condition with full original packaging and instructions. NB. For hygiene reasons headset products which have been removed from the original packaging will under no circumstances be accepted back by The Company.

Cancellation of Orders

Any cancellation of goods ordered must be notified to us, in writing, before the goods are dispatched. Verbal notification is not acceptable. Failure to notify us will result in a handling charge of £10 + VAT per item or 10% of the total order cost (or 25% in the case of headset products) whichever is the greater, being incurred.

Payment Terms

The Customer shall at no time be entitled to set off any amount against any sums due to the Company which shall be paid in full without deduction or to withhold amounts owed to the Company under any circumstances. The Company, at its sole discretion may set off amounts payable to the Customer against any amounts due to it. Should any dispute arise between the Company and the Customer, or where any payment from the Customer is overdue, if the Company has in its possession, for whatever reason, goods which are the property of the Customer, the Company may take lien over these goods until payment is made or until such time as the dispute is resolved, either in the Courts or otherwise. The Company may, at its absolute discretion dispose of these goods as it sees fit and use the proceeds of such towards payment of any overdue debt, without prejudice to any other rights and remedies available to it. Where any dispute arises between the Customer and the Company, the Company reserves the right to withhold any monies due to the Customer until such time as the dispute is resolved, either in the Courts or otherwise, and to set such monies off against any sums as may be awarded to the Company for damages, costs or otherwise in the Courts.

Copy Invoices

All invoices in respect of goods and/or services supplied by the Company to you the customer are dispatched from the Company to either the delivery address of the goods, or the address at which such services have been given, or to such other address as advised to us in writing. Should you not receive an invoice for goods or services within 7 days of receipt of such goods or services, you should notify us within 3 days and a copy invoice will be supplied to you without charge. Should you subsequently, for any reason, require a copy invoice to be sent to you, we reserve the right to charge £5 + VAT per copy invoice. Nothing in this paragraph shall prevent the Company from charging interest or administration charges on overdue payments. Statements shall be sent by fax or by other electronic means at the discretion of the Company and these shall be considered to have been legally delivered upon being sent by the Company.

Title to Goods

The Company remain the owner of all goods supplied to the customer until such time payment has been received in full from the purchaser. The goods shall remain the property of the Company and the buyer shall store them so that they are readily identifiable as the Company’s goods, until such time as payment for them and for all other goods agreed to be sold by the company has been received in full. If the goods have been resold, the Company’s beneficial entitlement shall be attached to the proceeds of the re-sale and we will be able to claim the full purchase price of the proceeds received. Where ownership of any goods remains vested in the Company, the Company shall be entitled to repossess any goods supplied at any time. The Company may for the purpose of recovering its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same. It is the sole responsibility of the purchaser to ensure that all goods received from the Company are fully insured against any eventuality including, but not limited to, fire, theft, flooding, etc, until such time ownership of said goods has passed to the purchaser. Should goods become damaged in any way after they have been received by the purchaser, the purchaser will be liable to pay to the Company the full purchase price of the goods.

Force Majeure

The Company shall not be liable to the customer for any failure to perform its obligations due to any circumstances beyond its control (including, without limitation, strikes, lockouts, industrial disputes, failure of power supplies, delays caused by British Telecommunications plc or any other person, firm or company, delays caused by any manufacturer of the goods, riots, civil disturbances, war or warlike activity, embargo, fire, explosion, flood or natural causes) and in such event The Company may elect by written notice to cancel any agreement with the customer or elect that the time for performance shall be extended until such time as The Company can reasonably effect performance.

Limit of Liability

Except in respect of death caused by the Company’s negligence the Company shall not be liable to the Buyer by reason of any representation or implied warranty condition or other term for any duty at common law or under the express terms of the Contract for any consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims or consequential compensation whatsoever whether caused by the negligence of the Company its employees representatives agents or otherwise which arise out of or in connection with the supply of Goods or the use or resale of such Goods by the Buyer. In any case the Companies liability shall not exceed the original purchase price of the goods. Where the Company arrange any contractual arrangements for goods or services with a third party company on behalf of the Customer, including but not limited to direct delivery, contractual services, etc, the ownership of the customer remains with the Company, but no liability is accepted by Incom for any failure of the third party to successfully deliver such goods or services.

Law & Jurisdiction

The order shall be construed and have effect in all respects in accordance with English law and any disputes arising there from or in connection with these Terms & Conditions and any written special conditions of purchase applicable hereto shall be submitted to the exclusive jurisdiction of the English Courts sitting at Manchester to which jurisdiction the parties exclusively submit. In the event that by reason of court rules any action brought by the Company against you, the customer, is transferred to a court other than the Manchester courts you, the customer, irrevocably consent to the transfer of such action back to the courts at Manchester.

Equal Opportunities

The Company is an equal opportunities employer and does not discriminate on the basis of sex, race, colour, nationality, ethnic, or national origins, disability, sexual orientation, age and religion or belief. Furthermore, the Company seeks to protect its staff from harassment of any kind and in cases of assault against staff whether actual, verbal or written, or in cases where the Company receives from Customers or Suppliers, by conventional or electronic means, information which may be seen as offensive or derogatory, whether maliciously sent or otherwise, the Company will take appropriate action against the party responsible and in such cases may at the Company’s sole discretion hold the Customer or Supplier in breach of Contract.

Disclaimer

E. & O. E.

We endeavour to ensure all products/prices on this site are current, however the Company can in no way be held responsible for any errors or omissions, or changes to specification or price which may occur, howsoever caused. In the case of a price or product specification change customers will be notified of any such change by email, and given the option whether to continue with the transaction.

Copyright

Copyright Executive Telecommunication (UK) Limited 2005. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, or stored in any form of retrieval system of any nature without the prior written permission of the copyright holder applications for which shall be made to the Company.