Terms and Conditions

Definitions

Goods

All articles sold to the Buyer, including replacements for defective Goods, hardware documentation, and also software products licensed for use by the Buyer.

Contract

The Contract between the Buyer and SCM for the sale of Goods.

Acknowledgement

All orders will be accepted by SCM as subject to and in accordance with the following terms and conditions of sale which shall be deemed to be incorporated into a Contract for the sale of SCM Goods. By the placement of an order (by whatever means) the Buyer will be deemed to have acknowledged and accepted the said terms and conditions and will be bound by them. SCM will not accept any purported variation to the said terms and conditions that may be included in any written document (including any order form) from the Buyer, except by prior written agreement.

Prices

Prices charged are those prevailing at the time of despatch. Prices quoted in any SCM publication are current at the time of printing. SCM reserves the right to amend prices at any time without prior notice.

VAT

All prices are subject to VAT at the current rate prevailing at the time of delivery.

Settlement Terms

• All payments are due net monthly.
• An interest charge of 10% per month will be imposed on invoices still outstanding after 60 days with a minimum charge of £10.00
• SCM reserves the right to charge or copy invoices or credit notes at the rate of £1.00 per copy where the original has been lost or misplaced by the Buyer.
• If legal action is taken to recover monies due to SCM then SCM reserves the right to charge the Buyer an administration charge.

New Accounts

A Buyer wishing to open a credit account must furnish one bank and two trade references. SCM reserve the right in its absolute discretion to grant, refuse or discontinue any credit facilities at any time.

Change of Address

SCM must be notified of any change of address in writing, which must be sent by recorded delivery. The Buyer will be responsible for any and all costs and expenses resulting from the failure to notify.

Orders

Written confirmations of telephone orders must be clearly marked as such. Failing such confirmation, SCM will not be held responsible for the duplication of an order. SCM reserves the right to refuse any order at anytime. No order may be cancelled without the previous written agreement of SCM.

Export

Separate Conditions of Sale apply to export transactions (available on request from our Export Department). The Buyer is responsible at the Buyer's own expense for obtaining any licence and complying with any export regulations in force within the United Kingdom and in the country for which the Goode are destined.

Certain Goods imported from the United States of America by SCM and offered for sale by SCM in this catalogue are subject to specific regulations. SCM reserves the right in its absolute discretion not to supply certain Buyers or countries and to enquire of the Buyer full details of the end use and final destination of the Goods.

General Descriptive Matter

• All specifications, drawings and particulars of weights, dimensions, capacity or other details contained in this matter are intended to give a general idea of SCM's products but will not form part of the Contract.
• If the description of any Goods not of SCM manufacture in any correspondence, leaflet, invoice or this catalogue varies from that of the manufacturer's description, the manufacturer's description will be deemed to be the correct description and shall take precedence over the SCM description. The manufacturer's description is available from SCM on request.
• SCM shall take all reasonable steps to ensure the accuracy of technical details relating to the Goods in the Catalogue but SCM accepts no liability in Contract or tort or under statute or otherwise for any damages or injury arising directly or indirectly from any error or omission in such technical details whether caused by SCM's negligence or otherwise.

Performance

• Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by SCM in writing, SCM shall be under no liability whatsoever for any failure to attain such figures whether attributable to SCM negligence or otherwise.
• The responsibility for ensuring that Goods are sufficient and suitable for the Buyer's requirements is the Buyer's sole responsibility save insofar as SCM have specifically advised the Buyer in writing that the Goods are sufficient and suitable for the Buyers purposes, having been fully and accurately advised by the Buyer of the Buyers requirements.

Guarantee

• The guarantees that are supplied vary in duration.
• It is the Buyer's responsibility to check at the time of purchase whether SCM's guarantee is applicable, and if so, its duration. Where Goods are covered by SCM's guarantee, the following applies: Any defects which under proper use appear in the Goods within a period of twelve months (or unless otherwise stated) after delivery and which are due to faulty materials, workmanship or design will be made good by SCM either by repair, or at SCM's option, by replacement, provided the Goods are returned in accordance with the 'Returns" clause below. SCM's guarantee is provided by SCM and accepted by the Buyer in substitution for all expenses or implied representations conditions and warranties are hereby excluded.
• Where Goods are covered by the manufacturers guarantee, then SCM's liability to SCM will use reasonable endeavour to meet delivery estimates but cannot accept liability whatsoever for failure to do so however arising. Failure to meet a delivery date where deliveries are by instalment under the Contract in accordance with "Delivery Schedule" clause d) shall not prejudice SCM's right to make further deliveries by instalment under that Contract.
• SCM's sole obligation and the Buyer's sole remedy under this provision is limited to the reasonable cost of repair or replacement of the Goods supplied.

Returns

• No order may be cancelled without the previous written agreement of SCM. Without such written agreement, SCM will not accept the return of any Goods incorrectly ordered or no longer required. If cancellation is accepted by SCM, then the Buyer must obtain a cancellation number from SCM. It the Buyer does not obtain a cancellation number, then SCM will charge a restocking fee representing 30% of the value of the Goods.
• SCM will only accept returns under guarantee it they are accompanied by a document in writing stating the date of purchase and original invoice number.
• Returns made of Goods not under guarantee will not be accepted for credit without a returns authorisation number.
• Exchange units will be invoiced at the "buy" price and a credit for the difference between the "buy" price end the "exchange" price will be raised, subject to receipt of the faulty item at SCM no later than four weeks after the date of the original sales invoice, the number of which must be quoted.
• SCM will not accept responsibility for Goods which, in its opinion, have been the subjects of endue wear and tear, accident, misuse, improper application or neglect SCM opinion on this in final.
• The Buyer will be responsible for ensuring that all returns are delivered to SCM and for providing proof of delivery of such item. If proof of delivery is not provided, then no credit will be given by SCM.
• Without prejudice to "Returns" a) — f), SCM reserves the right to replace, repair or refund payment in respect of all Goods returned at its absolute discretion.

Delivery

SCM will reasonably endeavour to meet delivery estimates but cannot accept any liability whatsoever for failure to do so however arising. Failure to meet a delivery date where deliveries are by instalment under the Contract in accordance with "Delivery Schedules" clause d) shall sot prejudice SCM's right to make further deliveries by instalment under the Contract.

Shortages or Damage in Transit & Delivery

SCM will not consider any claim for shortage of delivery or damage in transit unless written notice is given to the carrier and SCM within three days of the receipt of the Goods. No claim in respect of non-delivery of Goods will be considered unless written Non-notification is given to SCM within five days from receipt of a statement in respect of the Goods. In this condition, time shall be deemed to be of the essence.

Ownership

The risk in the Goods supplied by SCM will passed to the Buyer when the Goods are delivered to the Buyers premises. However, the title of the Goods will not passed to the Buyer until payment in full of all sums due from the Buyer to SCM have been made. If payment (whether in full or part) is not made by the due date, in accordance with 'Settlement Terms" clause a) to d) or the Buyer is wound up, or a receiver appointed over any assets or the undertaking of the Buyer or an execution or distress be levied against the Buyer, SCM will be entitled without prior notice to the Buyer or any liquidator or receiver to retake possession of the Goods (and for that purpose to enter upon any premises occupied or owned by the Buyer.

Liability

SCM will make reasonable endeavours to ensure that all information contained in any SCM publication is correct. SCM reserves the right to amend any information contained in any publication without prior notice and does not accept any liability for any loss arising from any error or omission in any such publication. The Buyer will be responsible for ensuring the correct codes are supplied and that the Goods ordered are fit for purpose for which they are ordered. Subject is expressly provided in these conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) and except for any liability which SCM may incur for death or personal injury resulting from negligence or under Part 1 of the Consumer Protection Act 1987, SCM shall not be liable in any way whatsoever whether in Contract, in tort, in misrepresentation of under statute or common law, or otherwise for any consequential or other loss, damage or injury however caused and whether caused by SCM's negligence which may arise out of or in connection with the supply of Goode to the Buyer, other than to supply Goode conforming to the original agreed specification or at SCM's option to refund any monies already paid in respect of the Goods.

Force Majeure

SCM shall not be liable in any respect whatsoever for any delay in the performance of, or the failure to perform, any obligation pursuant to any order or Contract, in each case, as a result of circumstances beyond it's control. If such circumstances delay or prevent the performance of any obligation under any Contract for 60 days or more, SCM shall be entitled by written notice to cancel or terminate such order or Contract or its outstanding obligations thereunder.

Cancellation

It the Buyer becomes the subject of any act or proceeding under or in connection with the Insolvency Act 1986 or if the Buyer fails to make payment for Goods when due, in accordance with 'Settlement Terms" clause a) to d) SCM will be entitled to suspend and cancel all or any future deliveries or instalments under this or any other Contract between SCM and the Buyer.

Legal Construction

All Contracts between SCM and the Buyer shall be governed by the laws of Scotland and the parties submit to the exclusive jurisdiction of the Scottish Courts.

Repairs

The Purchaser is responsible at his expense for all after-sales servicing of all goods supplied by the Vendor and the Purchaser must maintain adequate after-sales service facilities and staff to undertake such responsibility. The Vendor is responsible for providing technical advice and parts under guarantee to the Purchaser. Replacement parts will be invoiced at cost and credit will be passed for detective parts (if under guarantee) once returned by the Purchaser to the Vendor. The Vendors own Technical and Service Departments will act as a back-up (not substitute) facility to that provided by the Purchaser and may at the Vendors sole discretion accept to repair and/or service goods on behalf of the Purchaser. In such an instance carriage both to and from the premises of the Vendor is the responsibility of the Purchaser.

Over Deliveries

Over deliveries and incorrect goods of a higher value. The Purchaser agrees to fairly notify the Vendor of these.

Faulty Goods

The Purchaser must thoroughly test and check the goods immediately on delivery. Any claim to rectify goods received faulty shall be accompanied by a quotation from a competent technician and/or engineer for rectification of the defect or deficiency. If the Vendor approves the quotation and so notifies the Purchaser, the Vendor shall supply all spare parts necessary for the rectification free of charge. The Vendor retains the right if it does not approve the quotation either to exchange the article rather then pay for its repair or to require the Purchaser to obtain an alternative quotation. The Vendor responsibility for considering and/or accepting a claim other than replacing faulty parts in respect of fealty goods is conditional upon the Purchaser testing and checking the goods as stipulated and notifying the Vendor immediately of any fault. The Vendor's responsibility in respect of agreed labour costs for the repair of faulty goods ceases either ten working days after delivery of the goods to the Purchaser or at the time of sale of the goods by the Purchaser to his customer, whichever is earlier. (See also Repair clause)