Terms and conditions - Sectronics - Systems for security, access control and surveillance solutions

Terms and conditions

These terms and conditions given the relationship between Ex trade 88 Ltd and the Client and are
the basis of the provision of Goods and Services by Sectronics.
In these conditions of contract the following expressions will have the following meaning:
1. Sectronics shall mean Ex trade 88 Ltd whose registered office is Ex trade 88 Ltd Str. Geo Milev 1
ent.0, apt.12, Stara Zagora, Stara Zagora, 6000, Bulgaria.
2. “Client” will be any company, partnership, practice or person purchasing Goods or Services
directly or indirectly through Sectronics as identified on the front of this document.
3. “Contract” shall mean this Contract and any associated Quotation made by Ex trade 88 Ltd.
4. “Brochure” shall mean any specification or information leaflet on Goods or Services supplied by
Sectronics whether written by Sectronics or by the manufacturer.
5. “Goods” shall mean any equipment purchased through Sectronics.
6. “Services” shall mean the scope of work identified in Section 3 of this Contract.
7. “Quotation” shall mean the written quotation from Sectronics, which outlines the approximation of
the cost of Goods or Services requested by the Client, identified by its unique number, and the
subsequent adjustments agreed in writing by both parties.
8. “Purchase Order” shall mean the purchase order from the Client as instruction to commence the
provision of the Goods or Services either provided verbally or in writing, expressed or implied.
9. “Confirmation of Order” shall mean the sales order confirmation issued by Sectronics on receipt of
a Purchase Order.
10. “Despatch Note” shall mean the documentation provided by Sectronics accompanying
despatched Goods.
11. “Invoice” shall mean the sales invoice as issued by Ex trade 88 Ltd.
13. “Accessories” shall mean a non-essential, supplementary part, object, or the like, used mainly for
convenience, safety, etc.
14. “Consumables” shall mean something that is produced to be used and replaced, ie. batteries.
15. “RAN” shall mean the returns authorisation number.
16. “NFF” shall mean that no fault was found.

SECTION 1: Terms & Conditions
1. Scope of the Work
1. Sectronics shall provide the Goods or Services outlined in the Quotation as identified by its unique
2. The scope of the work performed will be in accordance with the Quotation provided and the
agreed adjustments evidenced in writing.
3. Any variation to the scope of the work or orders will only be accepted on the terms agreed with
Ex trade 88 Ltd.
4. We confirm that should any variation arise, our standard procedure of detailed Quotation for
approval, before commencement would apply.
2. Application of Terms
1. Subject to any variation under condition 4.3 the Contract shall be on these conditions to the
exclusion of all other terms and conditions (including any terms or conditions which the Client
purports to apply under any Purchase Order, Confirmation of Order, Brochure or other document).
2. Where a Quotation is provided by Sectronics it will have a validity period of 30 days only from its
date of issue unless it is either withdrawn or extended by Sectronics. Such withdrawal or extension is
at Sectronics ‘s express discretion.
3. No terms or conditions endorsed on, delivered with or contained in the Client’s purchase order,
confirmation of order, brochure or other document shall form part of the Contract simply as a result of
such document being referred to in the Contract.
4. These conditions apply to all Sectronics’s sales and any variation to these conditions and any
representations about the Goods or Services shall have no effect unless expressly agreed in writing
and signed by a Manager of Ex trade 88 Ltd.
5. Any Quotation is given on the basis that no Contract shall come into existence until Sectronics
despatches a confirmation of order to the Client.
6. During the validity period Sectronics reserves the right to amend the charges after due notice is
provided to the Client.
3. Invoice/Payment
1. In consideration for the provision of the Goods or Services, the Client shall pay to Ex trade 88 Ltd
the sum outlined in the invoice plus any credit card charges, VAT and mandatory taxes at the
prevailing rate.
2. The invoice shall be in accordance with any quotation plus any variations or where it is airtime in
accordance with data records sent by sectronics.info@gmail.com which is deemed conclusive
evidence of calls made.
3. For clients who have not been extended a credit account payment, defined as cleared funds, is
required prior to the despatch of any Goods or the provision of any Service. Payment may be made
by: bank transfer or PayPal.
4. Warranty
1. Any warranty offered on any Goods or Services purchased directly or indirectly through Sectronics
shall be as per the terms and conditions set out by the manufacturer 2 years
2. Sectronics cannot be held liable for any breach of warranty by the manufacturer.
3. Sectronics may offer a replacement service for Goods purchased which found to be faulty from
date of purchase, subject to the failure being reported to the Service within 2 weeks of despatch.
4. Clients may contact the Sectronics between the hours of 09:00 and 17:30 UTC +02:00 time on
+359 (0) 877 956061 or any time on email: sectronics.info@gmail.com
5. A Serial Number will be required to identify the faulty Goods.
6. Customer Services may issue a RAN for the return of the Goods. The client will then be required
to return the Goods by prepaid courier to Ex trade 88 Ltd, together with proof of purchase or the
product warranty card where applicable quoting the RAN to Ex trade 88 Ltd, Str. Geo Milev 1 ent.0,
apt.12, Stara Zagora, Stara Zagora, 6000, Bulgaria.
7. Proof of postage is not proof of receipt and the client remains responsible for the Goods and
should ensure that they are fully insured during transit.
8. Once a RAN number has been issued, Goods may be returned to Sectronics for assessment at
the client’s own risk.
9. If there is no fault found in the Goods (NFF), a handling charge will be payable by the client.
10. The NFF fee is any costs incurred and associated with the shipping of the Goods.
11. Items excluded from warranty are:
1. Goods supplied more than 2 years prior to return.
2. Goods that have been fitted with non-manufacturer approved accessories e.g. batteries, power
3. Goods that fail due to misuse, abuse or damage.
4. Goods that have been serviced/repaired by anyone other than an authorised repair centre.
5. Goods that have been incorrectly installed.
6. Goods damaged by failure to follow user manual instructions.
7. Batteries and consumables.
12. If, having investigated the fault, Sectronics agree that the Goods repair is covered under
warranty; they will forward the Goods to the manufacturer for repair. Any repaired Goods will be
returned through Ex trade 88 Ltd.
13. Goods once returned to Sectronics by the manufacturer will be shipped to the client via an Ex
trade 88 Ltd preferred courier and will be insured, unless the client has advised Sectronics in writing
in a timely fashion ahead of intended dispatch.
14. Sectronics will recharge the client for any costs associated with the shipping of the Goods.
15. If the Goods are found to be out of warranty, Sectronics will advise the client and send a
quotation. The quotation will be in writing and will be valid for 30 days.
16. Acceptance of any quotation is required in writing, if no response is received from the client and
the 30 days quotation expires, a further quotation will be issued by Sectronics. This quotation will be
valid for a further 10 days.
17. If the client does not respond to both quotations and the quotation periods have expired, then
Sectronics reserve the right to dispose of the Goods. Any costs associated with the disposal of the
Goods will be recharged to the client.
18. If a repair quotation is refused, the Goods will be returned to the client who will be charged 5€
per hour for any labour undertaken during the investigation of the fault plus any costs incurred and
associated with the shipping of the Goods.
19. Sectronics will endeavour to repair any in-house repairable Goods within 7 working days from
receipt assuming that any quotations given have been accepted in writing by the client.
20. Clients are still responsible for any airtime charges incurred whilst their Goods are in for repair.
21. Once the Goods are repaired they will be returned to the client via an Ex trade 88 Ltd preferred
courier and will be insured, unless the client has advised Sectronics in writing in a timely fashion
ahead of intended dispatch. The client will be invoiced for the cost of the repair plus any costs
incurred and associated with the shipping of the Goods.
5. Confidentiality
1. This Contract shall be confidential and no detail shall be divulged by either party to any third party,
other than external auditors, without the prior written permission of the signatories to this Contract.
This provision shall apply both while this Contact is in force and afterwards.
2. Neither party shall have an obligation with respect to any Confidential Information of a commercial
or other nature which:
1. has come into the public domain otherwise than as a result of a breach of this Contract;
2. is approved for release by written authorisation from the other party;
3. is received from a third party without similar restrictions and without breach of this contract;
4. is disclosed pursuant to a legally enforceable requirement of a Government agency or order of the
6. Liability
1. Ex trade 88 Ltd will use all reasonable endeavours in ensuring its employees use reasonable skill
and care in the provision of the Goods and Services.
2. Subject to sufficient and correct documentation being offered by the Client and the warranty
clauses in 4.6, Sectronics accepts:
1. liability for death and personal injury resulting from Sectronics’s negligence.
2. liability for obvious negligence arising in connection with the provision of Goods or Services, as
agreed between the parties, to a maximum of the Contract Value.
3. If officers or employees of Ex trade 88 Ltd are instructed, in isolation or as part of a project to open
repair install or in any other way alter any Goods for or on behalf of a customer Sectronics will in no
way be liable for any alterations to a warranty guarantee or certification of said Goods.
4. Ex trade 88 Ltd cannot be held liable for any Goods or Services returned under the warranty when
these are in the possession of, or in transit to, the manufacturer for rectification or assessment.
5. Any liability in respect of claims arising in contract, or otherwise, for losses of a consequential or
contingent nature, due to faults of Ex trade 88 Ltd is expressly excluded. In no event will Sectronics
be liable for loss of anticipated profit, loss by reason of plant shutdown, non operation or increased
expense of operation of other Goods or Services or other costs, expenses or losses, real or notional.
6. No liability of consequential loss will be accepted by Ex trade 88 Ltd for:
7. Any condition or warranty, which might otherwise be implied or incorporated within this Contract by
reason of statute or common law or otherwise, is hereby expressly excluded.
8. No warranty either express or implied as to performance for fitness for purpose is given.
9. Where Goods are despatched by Ex trade 88 Ltd to the Client, risk shall pass at the time of
10. Any dates specified by Sectronics for the delivery of Goods are intended to be an estimate and
time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery
shall be within a reasonable time.
11. Ex trade 88 Ltd may deliver the Goods by separate instalments. Each separate instalment shall
be invoiced and paid for in accordance with the provisions of the Contract. Each instalment shall be a
separate Contract and no cancellation of any one Contract relating to an instalment shall entitle the
Client to repudiate or cancel any other Contract or instalment.
12. Ex trade 88 Ltd accepts no liability for loss or damage caused by any courier. It is recommended
that Clients fully insure their Goods at all times. Ex trade 88 Ltd will automatically insure any Goods
shipped through a Courier service and will recharge this cost to the Client to cover packaging and
prepayment, unless otherwise requested in writing by the client in a timely fashion ahead of intended
despatch. Ex trade 88 Ltd may use clients own preferred freight accounts where requested in writing
by the client in a timely fashion ahead of intended despatch, provided that the arrangements for the
use of this service are acceptable to Sectronics.
7. Termination
1. Orders accepted by Sectronics cannot be terminated except with the written consent of Ex trade
88 Ltd. This will not be unreasonably withheld and will be given upon terms that will indemnify Ex
trade 88 Ltd against loss.
2. Ex trade 88 Ltd reserve the right to charge a 15% cancellation/restocking charge.
8. Clients Responsibility
1. To ensure that they understand and comply with the laws and licensing arrangements of the
country in which they are operating for any Goods or Services purchased directly or indirectly
through Sectronics.
2. To operate any Goods in line with the manufacturers instructions.
3. To observe any restrictions on operation in line with any service providers contracts.
4. To ensure that any products are disposed of in a responsible manner and in compliance with
relevant legislation on disposal.
5. To safeguard any Goods from any unauthorised, fraudulent or dangerous use.
9. General
1. All samples, drawings, descriptive matter, specifications and advertising issued by Sectronics and
any descriptions or illustrations contained in Sectronics’s brochures are issued or published for the
sole purpose of giving an approximate idea of the Goods described in them. Any technical
information published or supplied by Sectronics is subject to alterations or correction without notice.
They shall not form part of the Contract and this is not a sale by sample or description.
2. Sectronics may assign the Contract or any part of it to any person, firm or company.
3. The client shall not assign, transfer, subcontract or in any manner make over to a third party the
benefit of this Contract without the prior written consent of Ex trade 88 Ltd.
4. It is acknowledged and agreed by both parties that neither entry into, nor performance of the terms
of this Contract constitutes a partnership or relationship of agency between the parties.
5. Any waiver by either party of its rights under this Contract or of any breach of this Contract shall
not be construed as a waiver of any or further rights or breach.
6. Ex trade 88 Ltd reserve the right to suspend the Service or the provision of Goods at any time
upon discovery of a breach of this Contract.
7. Both parties to the contract will comply with their respective obligations under the Data Protection
Act, as modified from time to time.
8. All references to the masculine gender include the feminine and neuter unless otherwise specified.
9. Headings are for convenience only and shall not affect the construction of the Contract. No
Contract shall be deemed to be capable of invalidation owing to printing or clerical errors.
10. Whole Agreement
1. Each party acknowledges this Contract (including the quotations) contains the whole Contract
between the parties and that it has not relied upon any oral or written representations made to it by
the other or its employees or agents and has made its own independent investigation into all matters
relevant to it.
2. In the event of there being any inconsistency between these terms and the quotations provided
these terms and conditions prevail.
3. This Contract (including the Quotations) supersedes any prior Contract between the parties, either
written or oral, for the provision of the Good or Service.
11. Disputes/Arbitration
1. In the event of any dispute over the quality of Service received the Client will inform the Managing
Director in writing. The Managing Director will then undertake a full review of all complaints received
and shall offer up a report within 4 weeks of receipt.
2. Any dispute arising out of or in connection with the Contract shall be governed by Bulgarian Law
and shall be subject to the exclusive jurisdiction of the Bulgarian courts.
12. Force Majeure
Neither party shall be in breach of this Contract if there is any total or partial failure of performance by
it of its duties and obligations resulting from causes beyond its control including, but not limited to,
any act of God, fire, act of Government or State, war, labour disputes of whatever nature, breakdown
of plant or machinery or inability to obtain materials or staffing.
13. Notices
Any notice or documentation given under this Contract shall be in writing and shall be deemed to
have been duly given, left at, or sent by first class post, registered post, facsimile or other electronic
media to a party at its trading address, registered office or Ex trade 88 Ltd known address for such
party or other address as the party may from time to time designate by written notice by the other.
Any notice given by post shall be deemed to have been delivered 48 hours after posting. Where
notice is given by facsimile transmission or other electronic media it shall be deemed to have been
delivered at the time specified on the senders transmission records if transmitted before 5 pm on a
working day but otherwise on the next working day.
14. Severability
If any provision of this Contract (including the Quotation) is found to be invalid or unenforceable
under any applicable law then such provision either shall be inoperative to the extent, or replaced
with such wording, necessary to achieve compliance with such law. The remaining provisions of this
contract, and such revised wordings as necessary to achieve compliance with the relevant law, shall
remain binding on the parties and enforceable as if any such revision was not required.