Terms & Conditions
These are the Terms & Conditions for all the products and services provided by Datalink Cabling. If there is anything you are unsure of, please contact us.
Application of Conditions
Not withstanding anything which may be contained in any purchase order or other document of the Buyer, goods are supplied subject to these conditions alone. No variations of them will apply unless expressly agreed by both parties in writing and signed on their behalf.
Loss or Damage in Transit
The Seller will replace goods which fail to arrive or which arrive in a damaged condition. However, in order to comply with the terms of the Seller's own insurance policy, notification of loss or damage to the goods in transit must be made to the Seller in writing, within 14 days of the date of despatch, failing which no claim in respect of such loss or damage will be entertained by the Seller.
Delivery Terms For All Delivery Types
Unless specifically agreed in writing by the Seller the date of any delivery notified by the Seller to the Buyer is an estimate only and the Seller shall not be liable for the consequences of any delay in fulfiling the Buyer's order. Goods are delivered by carriers over whom the Seller has no control and therefore the Seller shall not be liable for the consequences of any delay in transit. In the event of goods ordered and subsequently returned for any reason the Seller reserves the right to effect a handling charge. Please see our delivery page for delivery types and cost thresholds.
The Buyer will inspect the goods upon arrival and if they do not correspond in nature to the goods ordered, will give the Seller written notification of any discrepancy within 14 days of the date of despatch, failing which the Buyer shall be deemed to have accepted the goods.
Defective Goods and Consequential Loss
The Seller guarantees that the goods are free from defects and are of merchantable quality but it is for the Buyer to satisfy himself that the goods are fit and suitable for the purpose for which he requires them. Defects in goods delivered shall not be grounds for cancellation by the Buyer of the remainder of any order or contract. It is expressly agreed and understood by the Buyer that the Seller's liability in respect of defective or otherwise unmerchantable goods shall under no circumstances whatsoever extend beyond the price paid for such goods, in particular the Seller shall not be liable for any damage to property, nor any consequential loss of whatsoever nature, howsoever caused, arising out of any defect in the goods, or from their failure to correspond to any description or representation, or from their unsuitability for any purpose.
If the Buyer alleges that goods supplied are defective the Buyer will return them, carriage paid, to the Seller's premises. If, after examination by the Seller, it is established that the goods are defective then the Seller will refund to the Buyer the cost of the carriage, repair or replace the goods, or at the Seller's absolute discretion refund their purchase price.
The following provisions shall apply in relation to any contract entered into by the seller involving installation work by the seller at the premises of the purchaser or that of his clients. The purchaser and or his clients shall be responsible for providing safe access and reasonable working conditions and all necessary power and facilities. In the event that, at the discretion of the seller, sub-contractors hired by the seller perform installation work, the seller undertakes to use reasonable endeavor to select suitable sub-contractors, but will not incur direct responsibility for work performed by sub-contractors. The seller will assign to the purchaser all such rights as the seller may have against the sub-contractor but save as aforesaid will not be responsible for sub-contractors.
Return of Goods
Goods may not be returned to the Seller without the Seller's prior consent. No credit will be allowed unless supported by the Seller's returned materials authorisation number. The Seller reserves the right to make a handling charge of £25.00 or 20% of the original invoice value of the goods whichever shall be the greater. Goods that have been specifically made, modified or purchased for the Buyer may be subject to a higher charge. All goods returned must be unused, complete, in original undamaged packaging, and be sent carriage and insurance paid. Any credits issued will be minus the original postage cost in all circumstances.
The Seller reserves the right to vary any price advertised on the Seller's website, catalogues or elsewhere as occasion demands, and the goods are supplied at the price prevailing as at the date of acceptance by the Seller of any order placed by the Buyer. All prices on the website are exclusive of V.A.T., except where expressly stated otherwise.
Payment for the goods or works is due without any deduction either with the order if the Buyer does not have a credit account, or within 30 days of the date of the invoice if the Buyer does have a credit account. If payment of the price or any part of it is not made by the due date the Seller shall be entitled to charge interest on overdue accounts at the rate of 2.5% per month and any further deliveries will be suspended until the account is paid in full together with any interest. In the event of non-payment of an outstanding debt we reserve the right to claim for the whole of the balance owing.
Goods described in the Seller's catalogues or elsewhere are subject to a continuing process of technical change and development and the Seller therefore reserves the right to alter specifications without notice at any time before delivery. All descriptions, illustrations, specifications and dimensions are approximate and are only intended to present a general guideline as to the goods therein. It is therefore agreed by the Buyer that goods supplied may not comply in all respects with the description in the Seller's catalogue or elsewhere. If a sample of the goods has been exhibited to and inspected by the Buyer the contract shall not constitute a sale by sample. Items described in this catalogue may not necessarily be manufactured under a registered ISO 9000 management system.
Reservation of Title
Although goods supplied by the Seller to the Buyer shall be at the Buyer's risk immediately on delivery to the Buyer (and the Buyer should be insured accordingly), the legal ownership in the goods shall not pass from the Seller to the Buyer until they have been paid for in full. Until property in the goods passes from the Seller to the Buyer as aforesaid the Buyer shall hold the goods as bailee of the Seller. Where goods are supplied under a Contract Order with delivery in installments over an extended period, then the order is to be regarded as a whole so that property in none of the goods passes until all the goods, the subject of the Contract Order, have been paid for in full.
The Buyer shall not remove, alter, deface or tamper with any of the marks, names or numbers affixed to or marked on the goods, or allow anyone else to do so.
If delivery is delayed by any cause beyond the reasonable control of the Seller, a reasonable extension of time for delivery shall be granted and the Buyer shall pay such reasonable extra charges as shall have been occasioned by the delay.
The contract is subject to English Law.