General
1. These Conditions of Sale relate to Product (Hardware only) are for business customers only.
2. We do business only under these Conditions of Sale.
3. Goods are subject to availability and may vary from those advertised.
4. You must decide before ordering if the goods are suitable for your needs.
5. Please note that we reserve the right to cancel or refuse orders for items advertised with an incorrect price or with any other incorrect information. No contract is made with you until we have dispatched your order.
Prices and Payment
6. Our advertised prices do not include VAT and delivery. The price of the goods may be changed from the one advertised. Please confirm the price before you order.
7. We accept payment by bank transfer or cheque.
8. Goods bought on credit must be paid for by 14 days from our invoice date. We may share customer credit history information with relevant credit agencies.
9. We remain owners of the goods you purchase until you have paid for all of them in full. We can retrieve and resell them if they are not paid for. This applies to all goods we supply to you and to any money owing in respect of any transaction with you.
10. Under the Late Payment of Commercial Debts Regulations 2002, we can exercise our statutory right to charge interest and an administration charge on all invoices overdue.
Delivery
11. We charge for all deliveries. We operate a standard next day delivery service for in-stock items. Standard delivery is for suitable ground floor reception or stores areas. Please notify us in advance if you have any special delivery requirements which may incur an additional charge. Goods can also be collected from our Head Office strictly by arrangement at 10 White’s Row, London E1 7NF with suitable identification
12. If the goods do not arrive or are incomplete, are the wrong goods or are damaged when you open them, you must tell our Customer Services Department within 5 days of receipt or expected delivery – telephone 020 7749 6899.
13. After delivery, you are responsible for protecting the goods against loss or damage.
Cancellation
14. You cannot cancel an order once we have accepted it unless this is agreed in writing by our authorised representative.
Returns
15.
a) In the event that Goods are found to be defective at any time within the first 30 days from delivery then please contact our Customer Services team immediately that you become aware of the defect, ensuring that you have the item’s serial number available to provide to our staff. Different manufacturers have differing policies for dealing with Goods, which are termed ‘dead on arrival’ meaning that the Goods are found to be faulty either on delivery or very shortly afterwards. You will, therefore, be advised by our Customer Services team of the relevant manufacturer’s returns policy. In the event that a manufacturer’s returns policy applies we will not charge you for the collection of the Defective Goods. It is your responsibility to package and secure the Goods prior to collection to prevent damage during their return to us.
b) We shall at our option repair or replace such Defective Goods (or the defective part) and only if a repair or replacement is not possible or would be disproportionate to the price of such Goods we shall at our discretion refund the price of such Defective Goods at the pro-rata contract rate provided that you return the Defective Goods to us with all internal and external parts that were delivered with the Goods.
c) If we arrange for a courier collection of your Goods, this will normally take place between 9.00am and 5.30pm, and it is your responsibility to ensure that someone will be present at the collection address when the courier arrives.
d) On receipt by us of the returned Defective Goods, if following the testing process the Defective Goods are found to be in good working order without defect, we will return the Goods to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with replacement Goods before completion of the testing process, you will be liable to pay for these Goods. If, when we examine the Defective Goods, it is evident that the defect has arisen because you have failed to follow Urban Network’s or the manufacturer’s instructions as to the storage, installation, commissioning, use or maintenance of the Goods, or if you have altered the Goods without the written consent of Urban Network then we reserve the right to refuse a repair, replacement or refund.
e) You should note that we adhere to individual manufacturers’ guidelines in respect of acceptable deviation of quality of certain items. Therefore, we reserve the right not to accept Goods considered by you to be defective if the error or fault is within the manufacturer’s accepted manufacturing tolerances. If you have any doubt, please contact our Customer Services. As an example, due to the current manufacturing methods of active matrix display panels, a small percentage of sub-pixel anomalies (i.e. a pixel that is stuck on or off) are accepted by the industry as unavoidable. Accordingly, because the manufacturing yield of perfect active matrix panels is low, displays may have some sub-pixels that are either always on or off. The cost of accepting only theoretically perfect displays would almost double the price of a portable computer using an LCD screen. Please be aware of this before purchasing a TFT screen.
16. If faulty goods are to be returned to us you must obtain an RMA (Returned Merchandise Authorisation) from our Customer Services department. The RMA will be valid for 14 days. We will arrange for collection of the Goods, which must be available for collection in their original packaging together with all accessories and manuals. We cannot accept unauthorised returns which do not have an RMA.
17. If you change your mind we may take goods back at our discretion if they are unopened, unused and in perfect condition. There will be a handling charge of no less than 15% of the purchase price (or £20 whichever is greater) plus a collection charge of £9.95 for this service. Please contact our Customer Services department.
18. If you return goods please ensure that you have backed up your data. We will not be responsible for any data that is lost.
19. Please note we do not accept returns of special purchase items, consumables, opened software unless it is faulty or software licences.
Provision of Services
20.
a) If you purchase Services from us, then we shall use our skill and expertise to carry out the Services to a standard equivalent to that of a competent computer professional, and shall warrant our work as free from defects for a period of 30 days after completion. In particular, we cannot be held responsible for any fault or damage not caused by our services engineers or their contracted agents. In the event of a claim arising relating to the level of skill and judgement applied in the course of providing Services, we reserve at our sole discretion the right to appoint an independent expert in the field to appraise the work carried out in the execution of the Service(s).
b) We accept no liability for equipment installed or configured by us when the equipment has subsequently been altered or configured by persons other than ourselves or our agents. Except as set out here, all other express or implied terms or warranties relating to the Services are excluded to the fullest extent permitted by law.
21. Our Liability
21.1. Subject to clauses 4 and 5, the following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:
a) Any breach of these Terms;
b) Any use made or resale by you of any of the Goods, or of any product incorporating any of the Goods; and
c) Any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
22. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded.
23. Nothing in these Terms excludes or limits our liability:
a) For death or personal injury caused by our negligence; or
b) For any matter which it would be illegal for us to exclude or attempt to exclude our liability; or
c) For fraud or fraudulent misrepresentation.
24. Subject to clause 22 and clause 23:
a) Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
b) we shall not be liable to you for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
Force Majeure
25.
25.1. We shall not be liable to you or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform any of our obligations in respect of the Goods or Services if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control: act of God, explosion, flood, tempest, fire or accident; war, threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving our employees or of a third party); difficulty in obtaining materials, labour or machinery; and power failure or breakdown in machinery.
25.2. If we are unable to provide you with your Goods within a reasonable time due to circumstances beyond our control, we shall either agree a new timescale with you for the delivery of the Goods or either of us may decide to terminate the Order in which case we will return any prepayments that you have made in full.
Guarantee and Liability
26. You get the benefit of the manufacturer’s warranty in respect of all the goods we sell. Please note that we do not provide any warranties ourselves in respect of the goods and we exclude any warranties express or implied by statute, common law or of any other kind
27. We are resellers to business customers and as permitted under the Unfair Contract Terms Act 1977 we exclude liability for claims regarding the quality or fitness for purpose of goods or otherwise which consumers can make under the Sale of Goods Act 1979. We are liable for death or personal injury caused by our negligence. We do not accept any liability for indirect or consequential losses or loss of profits.
Errors & Omissions
28.
28.1. We make every effort to ensure that all prices and descriptions quoted are correct and accurate. In the case of a manifest error or omission, we will be entitled to rescind the contract, notwithstanding that we may already have accepted your Order and/or received payment from you. Our liability in that event will be limited to the return of any money that you have paid in respect of the Order.
28.2. In the case of a manifest error in relation to price, you will be entitled to purchase the Goods or Services by paying the difference between the quoted price and the correct price, as confirmed in writing by us after the manifest error has been discovered. A ‘manifest error’, as the term is used in this clause 28, means, in relation to an incorrect price, a price quoted in error by us which is more than 10% less than the price that would have been quoted had the mistake not been made.
Clearance/2nd User Stock
29. A 2nd User product is deemed to be a product which is offered by the Company on any of its websites at a discounted price compared to its original cost where such products have been previously used or opened, have items missing or have damaged packaging. In addition, some have been repaired. Details of the status of such products are to be found on the relevant website. The company makes no warranty in relation to the accuracy of the status of the relevant 2nd user product as set out in the description. Such products are sold on an ‘as is’ basis with no warranty or guarantee given by the Company other than the remaining manufacturer’s warranty (if applicable).
Gifts
30. We sometimes offer promotional free gifts. Please let us know if you do not want to receive them.
Telephone Calls
31. We sometimes monitor or record telephone calls for training purposes.
General Terms of Business
32.
32.1. You must not transfer any contract made with us under these Terms, as it is personal to you, without written authority from us. This authority will not be refused without good reason.
32.2. If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.
32.3. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
32.4. Communications.
a) All communications between the parties about the Contract shall be in writing and delivered by email or by hand or sent by pre-paid first class post or sent by fax to the registered office or such changed address as shall be notified to by the party; or (in any other case) to any address of yours set out in any document which forms part of the Contract or such other address as shall be notified to us by you.
b) Communications shall be deemed to have been received:
i. If sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or
ii. If delivered by hand, on the day of delivery; or
iii. If sent by fax on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.
iv. If by email on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.
32.5. No third party shall be allowed to enforce any rights under this contract. We hereby exclude the application of the Contracts (Rights of Third Parties) Act 1999 to each and every contract made under these Terms.
32.6. You confirm that, in agreeing to accept the Terms, you have not relied on any representation save insofar as the same has expressly been made a part of these Terms and you agree that you shall have no remedy in respect of any representation. Nothing in these Terms shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a part of the Terms.
32.7. These Terms shall be governed by the relevant laws of the United Kingdom and construed in accordance with the relevant laws of the United Kingdom and you irrevocably submit to the exclusive jurisdiction of the relevant courts of the United Kingdom.
32.8. If you have any complaints with the Goods or Services provided by us please contact Customer Services by post or hand delivery addressed to Customer Services Urban Network UK Ltd is at 10 White’s Row, London E1 7NF or by fax to 020 7749 6888 or by e-mail to admin(at)urbannetwork.co.uk.
32.9. Contact information for Urban Network UK Limited is at Coppergate House, 10 White’s Row, London, E1 7NF
32.10. Registered office: Coppergate House, 10 White’s Row London E1 7NF Registered number 04658491. All trademarks acknowledged.