DT3 limited - Terms & Conditions

All customers agree to be bound by terms and conditions of service set out below.

1. DEFINITIONS AND INTERPRETATION
1.1 This Contract sets out the terms on which DT3 limited (registered in England with number 05439798) will provide Products and/or Services to you.
1.2 In these terms and conditions the following words shall have the following meanings unless inconsistent with the context:

“Contract” means any contract between us and you for the sale of the Products and supply of the Services formed in accordance with condition 2

“Products” such products to be sold by us to you as may be agreed from time to time by us and you

“Services” means any configuration or installation services provided by us to you

“we/us/our” DT3 limited (registered number 05439798)

“you/your” you, being the person(s) whose order for the Products and Services is accepted by us
1.3 You may have other rights granted to you by law in addition to those set out in these terms and conditions, which we may not exclude. These terms and conditions do not affect those other rights granted by law.

2. CONTRACT FORMATION
2.1 All Orders submitted by the Customer to DT3 Limited and accepted by DT3 Limited shall be subject to these following terms and conditions which shall form part of and govern any Contract. Subject to any variation under condition 2.3, the contract shall be on these conditions to the exclusion of all other terms and conditions.
2.2 No terms or conditions endorsed on, delivered with or contained in your order, confirmation of order, specification or other document shall form part of the contract simply as a result of such document being referred to in the contract.
2.3 These conditions apply to all DT3 limited’s supply of goods and/or provision of service and any variation to these conditions and any representations about the goods and/or provision service shall have no effect unless expressly agreed in writing and signed by director of DT3 limited. You acknowledge that it has not relied on any statement, promise or representation made or given by or on behalf of the company that is not set out in the contract.
2.4 Acceptance by the Customer of any estimate or quotation for Products and/or Services issued by DT3 Limited shall be deemed to be acceptance of these terms and conditions.
2.5 Following completion of the relevant Services or delivery of the relevant Products, you will be asked to sign a DT3 service ‘job sheet’ to confirm details of the service. By signing the job sheet, you acknowledge that the relevant Products or Services have been supplied to your satisfaction and agreed price. It is your responsibility to ensure that the information specified on the job sheet is accurate.
2.6 The company website, leaflets, marketing material or correspondence are not binding and reasonable variations may be made without notice to the services, the provision of services and/or the supply of goods so varied shall be accepted as complying with the contract.
2.7 No order placed by you shall be deemed to be accepted by DT3 limited until a written acknowledgement of order is issued by DT3 limited or (if earlier) the company delivers the goods or performs the service to you.

3. TERMS OF PAYMENT
3.1 All prices for Products or Services stated in any quote, estimate or acceptance of Order are those current at the time of the Customer's enquiry.
3.2 We may vary any prices or rates, and/or charge to you any taxes or duties imposed in relation to the Products or Services, at any time by posting the resulting price changes on our website or otherwise giving you notice. You can contact our Customer Services Team and request details of our prices or any price change at any time.
3.3 You confirm that any quotes or estimates provided by our telephone operators or technicians prior to the provision of Products or Services are non-binding estimates only and that the final price payable by you may vary from such quotes or estimates.
3.4 A minimum call out fee will be charged once an engineer has been dispatched to the specified premises, even if you cancel the visit before the engineer arrives on site.
3.5 If the correct information required to be supplied by you is not available upon arrival of the DT3 engineer resulting in an aborted visit a minimum call out fee will be charged for the aborted visit and the service will need to be re scheduled at full cost.
3.6 If there are any unknown issues found once onsite and the service booked cannot be completed as specified, the booked service will be charged and a troubleshooting service will need to be booked at standard troubleshooting rates to solve the issues found.
3.7 DT3 engineers reserve the right to provide a booked service on customers existing equipment, engineers will test any existing equipment and will not proceed with any equipment they consider to be faulty. All engineers carry DT3 approved equipment that can be used to resolve your problem should your existing equipment not be suitable. Prices for DT3 supplied equipment will be made clear and all work will be agreed before installation.
3.8 You agree to pay for any loss or extra cost incurred by the company through your instructions or lack of instructions or through your failure or delay in taking delivery or through any act or default on your part.
3.9 Unless otherwise agreed by the company in writing, the price for the provision of services and/or supply of goods shall be chargeable by the company on the date of provision and or supply of the same.
3.10 DT3 limited will collect payment details (credit card or charge card) at the time of booking the products or services and the payment will be taken on the card details provided.
3.11 Time charges for ‘troubleshooting’ are charged at DT3 limited’s standard hourly rate for time spent onsite. The first hour is chargeable in full, after the first hour DT3 charges in increments of ½ hour, payment being due for each ½ hour or part thereof.

4. RISK/OWNERSHIP
4.1 Risk of damage to or loss of the supplied Products will pass to you upon completion of service.
4.2 Ownership of the Products will not pass to you until we have received in full (as cleared funds) all sums due to us in respect of the Products and delivery has occurred.

5. DELIVERY
5.1 We aim to deliver the Products and perform the Services within the time indicated in our acknowledgement of order but cannot give an exact delivery or performance time or date.
5.2 We shall deliver the Products to such address or addresses as notified by you in the job sheet. A delivery note signed by you shall be satisfactory proof that delivery has taken place.

6.1 You must cancel any call-out requested for a technician at least 24 hours prior to a scheduled visit, failing which we reserve the right to charge you a cancellation fee equivalent to an aborted visit charge.

7. WARRANTIES
7.1 To the extent that it is permitted to do so, we will assign the benefit of any guarantee or warranty covering any defects in Products received by us under an agreement with the manufacturer or supplier of the relevant Product.
7.2 If any Services are provided by us, they will be carried out with reasonable care and skill and by suitably trained and qualified persons.
7.3 As part of any Services, we may provide you with our guidance on software installation and maintenance. You hereby acknowledge that you are responsible for obtaining all necessary third party licences for software or other intellectual property or products, and warrant that you are not in breach of any relevant licences and that you are compliant with all relevant applicable laws.

8. GUARANTEE OF PRODUCTS AND SERVICES
8.1 DT3 engineers are trained to help, and we guarantee to supply an appropriately trained engineer to your premises backed up by experienced support staff. We do not guarantee that we can fix every problem as inevitably some problems cannot be fixed without required action or recommendations being carried out by you. In cases where you are unwilling to take the action required and in circumstances where other unforeseen issues arise you are liable to pay in full the charges that are incurred for goods and/or services provided by us.
8.2 When a DT3 engineer provides support, there can be no guarantee that the issue will not occur again or that a similar issue may occur with same manifestations as the issue already addressed.
8.3 We are only liable to you for losses which you suffer as a result of a breach of these terms and conditions by us.
8.4 Our liability to you shall not in any circumstances include any business losses that you may incur, including but not limited to lost data, lost profits or business interruption.
8.5 Any advice or recommendations given to you by us or our employees or agents as to storage, application, use or preference of the Products which is not confirmed in writing by us, is followed or acted upon entirely at your own risk.
8.6 You agree that we shall not be responsible for the cost of any repairs or any other losses which occur as a consequence of a failure of your goods unless that failure occurs as a direct result of our provision of the Services.

9. ADULT REPRESENTATION
9.1 Our rules of conduct require that you have adult representation present throughout each onsite visit from a dt3 engineer.

10. REMOVAL OF EQUIPMENT
10.1 Dt3 engineers will not take custody of your hardware or software and/or remove it from your premises. Our engineers will advise you if any item requires attention by a third party or your equipment manufacturer or supplier. We do not operate a dispatch service for your equipment.

11. UNFORESEEN EVENTS
Neither we nor you shall be liable to each other if we cannot perform our obligations under this Contract because of an event beyond our or your control.

12. GENERAL
12.1 The formation, existence, construction, performance, validity and all aspects whatsoever of these terms and conditions or of any term of these terms and conditions will be governed by the law of England and Wales.
12.2 The English and Welsh courts will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions.
12.3 If we do not enforce any of our rights under this Contract this does not prevent us from exercising these rights in the future.
12.4 The Contract and all communications between us will be conducted in the English language.