The UPS Team Ltd (TUT)

1. Pricing: Quotations are offered with both ex-VAT and inclusive of VAT pricing. The total price is clearly shown on all of our quotations and will show total costs including vat and delivery, where applicable. Orders are accepted at current prices but under exceptional circumstances may be subject to revision before delivery. Under such circumstances, the customer will be given the option to accept the new price or cancel within 7 days after having received notice of the new price. Contracts are entered into on delivery of goods or commencement of services and not before unless agreed to in writing before.

     1.1 Warranty: All warranty contractual obligations are with the manufacturer of the products we sell. It is at The UPS Team’s discretion to assist with warranty claims. All warranty details for any product sold by The UPS Team Ltd are available upon request. The UPS Team cannot guarantee that warranty agreements, specifications, product datasheets or any other manufacturer or other documentation will be error free.

     1.2 Limitations of liability: Nothing in these Liabilities limit or excludes our liabilities for:

          1.2.1 Death or personal injury caused by our negligence; or

          1.2.2 Breach of the terms implied by section 2 of the Supply of Goods and Services act 1982.

          1.2.3 Any matter where it would be unlawful to limit or exclude our liability.

     1.3.1 Subject to clause 1.2 we will not be held liable for;

          1.3.1.1 Any loss of profit, data, business or opportunity or any indirect or direct consequential losses due or in connection with the Contract.

          1.3.1.2 Any representation (unless fraudulent) in respect of the goods or services, the quote, the website information, the contract or the delivery:

          1.3.1.3 Any failure by the client to disclose information we may reasonably be required to provide the quotation, the contract or the service, in its entirety or by a specific date unless disclosed to us and we have agreed to it in writing.

         1.3.1.4 Any failure by the client to request any information and/or clarification on the quotation about the goods or services.

          1.3.1.5 Any implied warranty, condition or term.

     1.3.2 Our total liability to our client in respect of any losses arising in connection with the contract will not exceed the lower of:

          1.3.2.1 The price of the goods and/or services and;

          1.3.2.2 The amount recoverable under our product liability insurance cover or professional liability insurance (as applicable) on the date of any claim made.

          1.3.2.3 We will not have any liability to our client:

          1.3.2.4 For any defects due to the positioning, installation, functioning or commissioning of any goods or arising from designs or instructions provided by you or any other person not certified by us as a competent person(s) to perform the work.

          1.3.2.5 Due to fair wear and tear, wilful damage or negligence on our client’s part, abnormal working conditions, our client’s failure to follow our instructions, or any misuse, modification, alteration or repair of the goods, without our approval in writing.

          1.3.2.6 If any of the price has not been paid by the due date of payment.

          1.3.2.7 Due to circumstances beyond our control such as but not limited to pandemics, or supplier or courier issues or errors in the product information they provide.

          1.3.2.8 For any defects in the goods which have already been provided by us.

          1.3.2.9 For any parts, accessories, or components manufactured by and purchased by us from any other third party manufacturer, unless we agree otherwise.

     1.3.3 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by Law, excluded from the contract.

     1.4 This clause shall survive termination of the contract.

2. Settlement terms: shall be nett 30 days to approved accounts (unless payment for goods previously supplied is overdue) otherwise payment shall be before dispatch or by arrangement on the invoice. Terms are subject to status.

3. Delivery: the delivery time quoted is from receipt of order or approval of our drawings where applicable and may be subject to delay beyond our control as we may use third parties to deliver your order. Should your order be delayed while in transit we will communicate this with you via email and or telephone so that we can work with you. Unless agreed to prior to order placement in writing The UPS Team Ltd cannot be held liable for damages or compensation from orders delayed while on route to you.

4. For consumers, no written consent is required on cancellation. For business consumers cancellation: this will be made with written consent only on terms that indemnify The UPS Team Ltd against losses. Business consumers cancelled orders incur a 25% handling charge plus any associated aborted and logistics charges.

5. Ownership: of goods shall not pass to the buyer until all sums owing in respect of any have been paid.

6. Risk: shall pass to the buyer on delivery to the address stated on the order.

7. Loss or damage: of goods must be notified to The UPS Team Ltd in writing within four days of delivery of the goods.

8. Design and specification: may be subject to alteration without notice. It is assumed that goods specified by the customer are sufficient and suitable for the purpose for which the goods were ordered.

9. Inspection and tests: If special tests or inspection in the presence of the customer are required then these will, unless otherwise agreed to be at our works and charged as extra accordingly.

10. Guarantee: Our supply partners will repair all defective goods free of charge on receipt of proof that the goods have been used within their rating, not misused, physically damaged or modified and providing that: 

     10.1 The goods are returned at our client’s cost. 

     10.2 For an on-site repair our Customer/the end customer provides reasonable access during normal working hours (Monday to Thursday 08:30 to 17:00, Friday 08:30 to 16:00) where an on-site

repair is agreed beforehand with our supply partners. 

     10.3 For an on-site repair outside normal working hours, the Customer agrees beforehand to reimburse our supply partners for travel expenses, time and engineers out of pocket expenses, and any additional labour on site. 

     10.4 The period of the guarantee is 12 months from the date of purchase or longer if stated in the literature describing the particular range of products.

 

     10.5 It is understood that no liability will be accepted for consequential loss or damage or any other expenses.

11. Export: orders must be accompanied by a reference to a UK bank or suitable organisation prepared to accept payment responsibility upon presentation of our invoice and shipping document.

12. Laws: the laws of England and Wales shall apply to all contracts. Necessary for the safe delivery, installation and operation of any product shall be the responsibility of the Customer unless The UPS Team Ltd has so been instructed in writing beforehand to provide such services to an agreed specification.

13. Surcharge: The UPS Team Ltd reserves the right to surcharge any account settled by Credit/Charge card by 5%.

14. Overdue payment: In line with UK Law on late payment between businesses: Overdue accounts will be charged interest at 8.0% above base rate per month or part thereof. In addition, The UPS Team reserves the right to implement debt recovery action when any debt goes beyond 35 days (calendar) from the invoice, any costs associated with debt recovery will be passed to the debtor so such costs can be recovered in addition we reserve the right to charge £100.00 ex VAT for exceeding credit terms.

15. After sales service: will not be implemented unless the goods and any services are paid up in full when due.

16 For business customers returns: all returns must be agreed with The UPS Team Ltd and be registered under its returns procedure. The UPS Team Ltd reserves the right to reject goods arriving at its factory or premises that are not so recorded or clearly marked with the correct returns number. Returns postage to The UPS Team Ltd is at the cost of the customer.

17. On-Site service provision: all services considered necessary for the safe delivery, installation and operation of any The UPS Team Ltd product shall be the responsibility of the Customer unless The UPS Team Ltd has so been instructed in writing beforehand to provide such services to an agreed specification.

18. System commissioning and maintenance: any on-site installation and assembly must be completed before commissioning. Under no circumstances should equipment be connected to the power system until the power system has been commissioned. Commissioning must be performed by an electrically competent person approved by The UPS Team Ltd.

Commissioning by personnel other than those approved by The UPS Team Ltd will invalidate any warranty. Claims for damages caused otherwise shall not be accepted. 

Service and maintenance must be performed by an electrically competent person approved by The UPS Team Ltd. Service and maintenance by personnel other than those approved by The UPS Team Ltd will invalidate any warranty. Claims for damages caused otherwise shall not be accepted.

19. UK warranty: all products are manufactured under carefully controlled conditions to high-quality standards by our supply partners. Under the conditions of service specified they may be expected to give a long and trouble-free operating life. In case of failure under normal service and within one year of the date of purchase depending on the product supplied. Their liability will, however, be limited to the repair or replacement of defective units at our supply partners absolute discretion. Any advice is given other than as a result of an onsite evaluation by our supply partners visiting engineers and for which a fee will be charged is

given in good faith but without responsibility. Moreover, neither The UPS Team Ltd nor its appointed supply partners can accept any responsibility for failure or poor performance of any of its products resulting from operation outside of rated limits or from any other misuse or abuse whatsoever. In any event, The UPS Team Ltd does not accept any liability whatsoever for consequential loss or damage resulting from the use in any way of its products. All goods subject to claims under this Warranty must be returned and the process

managed by our supply partners. The terms of this Warranty do not apply where the buyer is in an overseas area where the quality of the main supply makes it uneconomical to provide this warranty or where spares are issued in lieu of warranty. Any enhanced warranties offered by The UPS Team Ltd will be cancelled where payment is not received by the due date. Late payment of Maintenance contracts may reduce the contract holder response time until overdue balances are paid in full and any applicable charges.

20. Specification: every effort has been made to ensure the accuracy of data published by The UPS Team Ltd. However The UPS Team Ltd does not accept liability for loss, damage or injury resulting from any error or omission in its published specifications. As part of the The UPS Team Ltd policy of continuous product improvement, The UPS Team Ltd reserves the right to change designs and specifications without notice. The UPS Team Ltd, therefore, recommends that customers verify all published data together with future availability before incorporating products into their own designs or schemes.

21. Product packaging: unless otherwise stated it is the responsibility of the customer to dispose of and recycle all recoverable packaging materials and unwanted items delivered with the product. Our supply partners take great steps to ensure an increasing amount of every product generation is recyclable.

22. Privacy: The UPS Team Ltd operates a range of internet policies. Please review this document to understand its implications for you.

23. Returns and Cooling-Off Period For Consumers only: in addition to section 16 of the The UPS Team Ltd standard Terms and Conditions of Sale re returns: Under the distance selling rules there is a seven working day cooling-off period which starts the day after delivery during which the order may be cancelled. A cancelled order within the distance selling rules timeframe will be processed through our return material authorisation process. The sender is responsible for all return charges including freight and insurance and must take reasonable care in returning the goods and items included with the product when it was delivered.

Your statutory right to cancel can be exercised:

In writing to The UPS Team Ltd, Whiting Valley Road, Old Whittington, Chesterfield, S41 9EY

By email, by emailing sales@theupsteam.co.uk

During the return material authorisation process we require the following:

Confirmation of original order number. 

Reason for return. 

Serial number confirmation. 

Working condition status of the product. 

This information is required to help us process your return and they do not represent an obligation for effectively exercising the right to cancel. Note: Unfortunately we cannot accept returns of software which has been purchased and subsequently the seal has been broken on the box.

24. Purchase and delivery: in addition to section 3 of the The UPS Team Ltd standard Terms and Conditions of Sale re-delivery, delays in processing orders may be beyond the control of The UPS Team Ltd. Where more than one product or service is ordered The UPS Team Ltd may part ship but will not make an additional delivery charge to complete the order.

25. Site work and delivery cancellation – Charges may apply for late changes.

Site Installation

Installation dates are offered on a first come first served basis. To help us manage your expectations please confirm by acceptance email as soon as possible, we will then confirm dates via email.

Should you wish to cancel your installation appointment please let us know with at least 5 working days’ notice.

Any appointments cancelled within this period will be liable for a 100% cancellation charge.

Please forward correspondence to sales@theupsteam.co.uk

Delivery of Equipment to Site.

Should you wish to reschedule your equipment delivery please let us know with at least 3 working days’ notice. Deliveries which are turned away will be liable for a return delivery fee.

Please forward correspondence to sales@theupsteam.co.uk

30. Warranty Swap Out.

Customers requesting warranty swap-out units under a manufacturers warranty or the The UPS Team Ltd warranty will need to follow the manufacturers process and therefore agree to provide the failed product(s) for collection within 2 weeks of the swap out being received from our selves or the manufacturer. Should the failed product(s) not be available for collection by the manufacturers’ courier or our courier, an invoice may be sent to cover the failed recovery cost which will need to be paid within 2 weeks or the failed product provided within 28 days (calendar) of the original replacement product delivery date. After 28 days the charges outlined on the invoice will remain in force and will need paying in full. By requesting a swap out via The UPS Team Ltd the customer agrees to comply with these terms in full.

The UPS Team Ltd accepts that there may be times when products cannot be collected within 2 weeks and this is known at the start of the warranty process, therefore a PO may be required to cover the collection should the product not be provided for collection within 28 days. Upon collection, the PO will be acknowledged as being cancelled in full with no charges.

31. Variation.

No variation of contract, including the introduction of any additional conditions, shall be effective, unless it is in writing and signed by us.

32. Entire agreement.

The contract substitutes the entire agreement between the parties and supersedes all previous agreements and understanding between them relating to its subject matter.

For more information contact us at sales@theupsteam.co.uk.