Pocket (UK) International

Terms & Conditions of Sale

Definitions

Ordering Procedure


The Company will accept orders from account holders only in writing by fax, post, e-mail, via our website or by prior arrangement by other electronic means . These terms shall be applicable howsoever the order is placed. Orders placed using Visa or Mastercard, Switch or Delta will be accepted by telephone. Special delivery procedures must be outlined clearly to include the quantity, colour and product required together with the date and place of delivery. The Company does not have any minimum order level.

Price


The prices in our catalogue are correct at the time of publication, however, these prices are subject to change without notice. Should prices alter then we will invoice at the current price ruling at the time of delivery. All prices listed are subject to VAT at the rate prevailing.

Supply of Goods/Services


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, including, but not limited to by mail or fax on Company letterhead or notepaper, by e-mail from a Company or organisation, or by Visa, Mastercard or Switch by telephone or 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 with 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 (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.

In the event that you do not accept or wish to accept our Terms and Conditions, then all goods must be returned to us unopened as received and unused, with full original packaging and instructions, carriage paid, fully insured, within three working days from the date of receipt of the goods, without prejudice, however, to our rights against you for any resultant breach of contract. Any goods not returned within that period, for whatever reason, 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 constitutes the entire Agreement between the Company and the Customer and supercedes 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

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.

Should the Buyer wish the Company to consider any revision to these terms, or any separate Agreement/s with the Buyer, either in respect of the Buyers Terms of Purchase, or Contractual Terms, or other terms as may be specified, or in respect of agreeing to an incentive to the Buyer to purchase, whether by way of marketing contributions, discounts, retrospective discounts on purchases, or otherwise, such proposed revisions or Agreements must be made, in writing, to a director of the Company. If such proposals are acceptable to the Company the acceptance of these will be made in writing and signed by two Directors of the Company. Orders will be deemed as conforming to our standard Terms and Conditions until such time any such variation has been agreed in writing and signed by two Directors of the Company. A list of Directors and Authorised Signatories can be obtained from the Company upon request. It is the sole responsibility of the Buyer to ensure that the signatories to any such Agreement are Directors of the Company and authorised to sign. Any such Agreement/s and/or revisions not agreed in writing and signed by two Directors of the Company will be in no way binding upon the Company.

Warranty


The Company offers a lifetime warranty on many but not all products. Customers are strongly advised to consider the terms of the product warranties and their implications before ordering goods. Pocket UK’s warranty period is clearly indicated on the website for each product and it is the customer’s sole responsibility to be aware of the conditions of such warranties. Information on warranty is available on request.

Carriage


Except where otherwise agreed in writing is as specified on our website. For Northern Ireland, Highlands of Scotland and the Channel Islands there is an additional charge. 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. Where deliveries or collections are aborted or where The Company are unable to collect or deliver, or obtain a signature for such collection or delivery, an additional aborted delivery charge of £10 will be made which must be paid before a new delivery or collection can be scheduled.

Returns Procedure


All returns, whether faulty product, wrong goods received or otherwise, are subject to our authorised returns procedure.

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 and Credit Terms


Unless otherwise agreed in writing, credit account customers will receive 30 days payment terms from the date of invoice. Such payment is to be received by the Company no later than 30 days from the date of invoice. Under no circumstances shall payment be withheld pending receipt of a statement. Under no circumstances will goods be dispatched to any company with an overdue account, whether or not payment has been received in advance for such goods, unless otherwise agreed in writing by a Director of the Company. In any instance where any payment on an account becomes overdue, all amounts owed to the Company by the Customer shall fall immediately due, whether or not payment would normally be due, and interest may subsequently be charged on them as overdue accounts. Interest will be charged on all overdue balances at the rate of 2.5% per month, compounded monthly, until the date payment is received in full, or alternatively, and at the Company’s sole discretion, may charge interest in accordance with the Late Payment of Commercial Debts (Interests) Act 1998, calculated on the basis of bank base rate plus 8% until the date payment is received in full. All costs, charges and expenses incurred by the Company in recovering any debt shall be paid by you (the customer) on a full indemnity basis. Should payment not be made within 30 days, the Company will be entitled to charge ( in addition to interest and any legal costs ordered by the court, and without prejudice to any other rights or remedies available to the Company the sum of £85 plus VAT , or 10% of the total debt, whichever is the greater, by way of liquidated damages and as a contribution to the administrative costs incurred, together with such other sums as may reasonably be incurred by the Company in taking steps to secure payment. 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 / Statements


All invoices in respect of goods and/or services supplied by the Company to you the customer are despatched 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 receive a statement showing details of an invoice which has not been received, or should you be verbally notified by us of an outstanding invoice of which you have no record you should notify us within 3 days requesting a copy invoice. Failure to notify us will be taken as confirmation on your part that the invoice has been received. 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.

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.

Disclaimer


While the Company endeavour to make the specifications and pricing in this website as current and accurate as possible, they can in no way be held responsible for any errors or omissions, or changes to specification or price which may occur, howsoever caused.

E. & O. E.

Copyright Pocket (UK) Ltd. 2003. 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.