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Terms & Conditions
Terms and Conditions
1. Order Acceptance:
The following outline the terms and conditions upon which Epos-Pos
accepts orders for goods and services and constitutes the agreement
between parties. These terms and conditions will supersede any
agreement or document, including terms and conditions that are part of
a purchase order sent to Epos-Pos by the BUYER. By issuing a
purchase order, BUYER is deemed to have accepted these terms.
2. Pricing:
List prices can be obtained by visiting www.epospos.com or contacting our Customer Services on 0044 (0) 1243 860697
3. Epos-Pos reserves the right to change pricing without notice.
4. Standard Orders:
No
minimum order quantity is required. Orders cannot be revised or
cancelled once a delivery note has been created. Additions to orders
once a delivery note has been created must be entered on a separate
order and may therefore be subject to additional shipping charges.
5. Shipping:
Typically orders are shipped Monday through Thursday for next day
delivery UK only. Orders received on Fridays are shipped Monday for
next day delivery. Saturday delivery may be requested at an additional
charge, Epos-Pos are not liable for any loss or damage during the
course of shipment. This includes accidents, theft, vandalism, labor
difficulties, or disputes, weather extremes, other acts of nature, or
other circumstances causing a delay in delivery. shipping and handling
charges will be prepaid and added to your invoice.
6. Returned Goods:
Epos Retail should be notified immediately by phone on 01243 860697
followed by written documentation of any claims for shortages,
incorrect items, or defects. All returns must be authorized by Epos-Pos, please contact Customer Service department to request
authorisation to return, information, or clarification of our policies.
7. Restocking Fee:
In
the case of a purchasing error or change in order subsequent to
shipping the product, Epos Retail will charge a 25% restocking fee or
minimum of £25 whichever is greater. All return shipping costs are to
be paid by the Buyer. If Epos-Pos makes a shipping error, the
product can be returned at Epos-Pos expense and no restocking fee
will apply.
8. Payment Terms:
Terms are net 30 days from date of invoice. Epos-Pos shall have the
right to delay shipment or suspend support under any agreement, if
payment under any agreement or order between Buyer and Epos-Pos is
not received when due. Buyer warrants that it has funds or approved
funding for all payments to be required under any purchase order placed
or agreement executed with Epos-Pos. If Buyer fails to pay any
invoice when due, Epos-Pos may also charge Buyer a late payment
charge equal to the lesser of 2 percent (2%), or the maximum
permissible rate under UK Law, per month on the outstanding balance. If
you are a tax-exempt agency, please submit a copy of your tax exemption
certificate with your purchase order or fax a copy to Epos-Pos,
Attention: Accounts Department 0044 (0) 1243 860697.
9. Special Orders and Custom Configuration:
Epos-Pos sole liability in the event that a product does not
conform to the quantity and contents stated on the product label is
limited to either replacement of the products or refund of the purchase
price. Epos-Pos is not liable for property damage, personal injury
or economic loss caused by the product. Notwithstanding anything to the
contrary in these terms and conditions, Epos-Pos makes no
representations or warranties with respect to any materials provided
Custom orders are typically DEVELOPED within four to six weeks.
10. Information Provided to Third Party Suppliers:
EPOS POS may provide your information to suppliers of suppliers of
hardware and software included in its product range, or to integrators
or other subcontractors whom epos pos uses in development or
manufacture This information would be limited to product, purchase
date, customer name and address and would be used for warranty claim or
recall purposes only.
11. Software Warranties:
Epos-Pos guarantees that its software will work on computer
platforms sold by Epos-Pos provided the operating system or hardware
is not modified or changed in any way, the epos application and system
software and related documentation are licensed to you by Epos-Pos.
You own the media on which the software is recorded, but Epos-Pos retains title to the Epos software. This license allows you to use the
software on a single computer and to make one copy of the software in
machine readable form for backup purposes only. The Software contains
copyrighted material, trade secrets, and other proprietary information,
and in order to protect them, you may not decompile, reverse engineer,
disassemble, or reduce the software to human-perceivable form. The
software and related documents are provided as is and without warranty
of any kind. Epos Pos does not warrant that the functions contained
in the software will meet your requirements, or that the operation of
the software will be uninterrupted or error-free, or that defects in
the software will be corrected. Software, when purchased after the
Hardware purchase, will assume the warranty or maintenance service
agreement duration of the hardware. If this purchase occurs during the
last three months of the system warranty or maintenance service
agreement, or later, it will be considered a stand-alone purchase and
will receive a three month warranty from the date of installation or a
four month warranty from date of shipment, whichever occurs first. Epos
Retail will replace, free of charge, any defective hardware provided
that it is returned during the warranty period to Epos Retail. This
limited warranty on the hardware and sopftware runs only to the
original Buyer and cannot be transferred or sold. This warranty does
not apply if the product has been damaged by accident, abuse, misuse,
misapplication or if the product has been modified. Optional software,
not developed by Epos-Pos, will be warranted and supported by the
third party software vendor (e.g. Microsoft, Verity Software House),
not by epos-pos.
12. The warranty period for all hardware sold to the
customer by Epos-Pos is 12 months Monday through Friday 8:00 AM to
5:00 PM GMT local time. The twelve month warranty will begin upon
installation or 2 days after the date of shipment, whichever occurs
first. Only the original BUYER of the epos systems may enforce this
warranty and this warranty applies only to products purchased and
installed in the United Kingdom by an authorized Epos-Pos service
representative or another party approved by epos pos.
13. Catalog or Consumable Price List (as the same may
be modified from time to time), which fails within the warranty period,
due to defects in materials or workmanship, provided that the equipment
has been operated at all times in accordance with the instruction
manual and user's guide by, or under the direct supervision of an
operator who has attended the Epos-Pos Training Course for the epos
system The warranty terms epos systems are set forth below and are
described in the Service terms section of this document. Only the
unexpired original warranty period on the equipment shall be in effect
on any replacement parts, which may be new or reconditioned at the
discretion of Epos-Pos. Products not manufactured by Epos-Pos are
not covered by this warranty, but instead will carry any warranty
direct from the specified manufacturer or supplier.
14. Options, Accessories, or Upgrades Warranties:
Epos-Pos offers warranties of varying periods on its Epos Packages,
accessories, software or upgrades. Those purchased at the same time and
will be covered by any subsequently purchased maintenance service
agreements, though upgrades are not automatically included. Options
purchased after the initial hardware purchase will assume the remaining
warranty or maintenance service agreement of the original hardware.
Unless the purchase occurs during the last three months of the system
warranty or maintenance service agreement, or later, in which case it
will be considered a standalone purchase and will receive a 60-day
warranty from the date of installation or a 62-day warranty from the
date of shipment, whichever occurs first.
15. Spare Parts Warranties:
A. Installation by an Authorized Epos Pos Service Representative:
Time and Material parts are warranted for 60 days after installation or
62 days after shipment, whichever is shorter. If a repairable part
fails within the warranty period it will be replaced at no charge.
Labour and travel associated with the service visit is not covered and
is considered billable.
B. Installation by Other Personnel:
Epos-Pos does not provide a warranty on parts not installed by an
authorized ER Service representative. No returns will be accepted or
credits issued for material ordered via the Technical Support Center or
Customer Service Department.
Disclaimer Applicable to All Warranties
THE
FOREGOING ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING WARRANTY OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES WILL
EPOSRETAILOR ITS CONTRACTORS OR AGENTS BE LIABLE TO THE BUYER OR ANY
THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT
NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, LOSS OF USE OF EPOS SYSTEM
OR SOFTWARE OR REAGENTS, LOSS OF PROFIT OR ANY OTHER DAMAGES RESULTING
FROM THE BREAKDOWN OR FAILURE OF ANY HARDWARE OR SOFTWARE OR DELAYS IN
SERVICES OR THE INABILITY TO SERVICE ANY INSTRUMENT.
16. Limitation of Liability:
Epos Retail Ltd liability is limited to repair, replacement of the
product or refund of the purchase price. Additional disclaimers may
apply to custom products and such disclaimers will appear in the
quotation or other documentation provided with a custom order. No
warranties apply to products that have been misused or improperly
maintained.
17. Indemnification:
Buyer acknowledges that it is fully responsible for its use of any Epos Pos product and agrees to indemnify, defend, and hold harmless Epos Pos and its affiliates, officers, directors, employees, and agents
against any and all third party liabilities arising from such use
except to the extent such liabilities arise from the infringement of
any Epos Pos products that infringe any valid UK. patent of a third
party when used in accordance with OUR HARDWARE.
18. Governing Law:
Any order placed or contract made with Epos Retail Ltd shall be governed by the laws of the United Kingdom.
19. Acceptance of Terms:
If the above terms are not acceptable to you, promptly return any
products in the package in which they were received. Failure to
promptly return the products or any use of the products constitutes
acceptance of the above terms.
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