1. General Terms
1.1 The contract shall be deemed concluded upon receipt of a written confirmation by IN2 Access & Control Ltd, whereby they accept the order (order confirmation), or upon receipt of the ordering party’s written declaration whereby they accept the offer submitted by IN2 Access & Control Ltd.
1.2. These General Terms and Conditions of Sale and Delivery shall be binding insofar as they have been stipulated as applicable in the offer or in the order confirmation and have been submitted to the ordering party.
The ordering party explicitly waives the use of their own General Terms and Conditions, their General Terms and Conditions of Sale and Delivery or any other pre-worded contract terms and conditions.
1.3. Any agreements and statements of legal relevance between the contracting parties must be made in writing in order to become valid in law. Written statements and declarations which are transferred using electronic media or saved on electronic media shall be regarded as being equally binding,
1.4. If any of the provisions of these General Terms and Conditions of Sale and Delivery prove to be wholly or partially invalid, the contracting parties shall replace this provision with another one which comes as close as possible to the intended legal and economic success of the original one.
2. Orders and conclusion of a contract
2.1. A contract shall be deemed concluded, if upon receipt of an order IN2 Access & Control Ltd confirms acceptance of the order in writing.
2.2. Offers shall be regarded as binding for the duration of the time within which the offer must be accepted, subject to item 6 paragraph 2. This only applies to written offers. Offers which do not stipulate a time within which the offer must be accepted are not binding.
3. Scope of supply
3.1. As far as the scope of supply and services rendered as well as their performance are concerned, the order confirmation shall apply. Any materials or services which are not part of the contract shall be invoiced additionally.
3.2. Engineering designs and technical specifications may be subject to change without notice.
4. Technical documents
4.1. Brochures and catalogues are not binding unless otherwise agreed. Information on the technical data sheet shall only be binding insofar as it has been explicitly guaranteed.
4.2. IN2 Access & Control Ltd reserves all rights to the technical documents they surrender to the ordering party. The ordering party acknowledges these rights and shall not disclose these documents to a third party or use them for a purpose other than the one agreed upon prior to obtaining the written consent of IN2 Access & Control Ltd to this effect.
4.3. When no order is passed, the documents surrendered in conjunction with the order must be returned to IN2 Access & Control Ltd, at their request.
5. Cancellation of orders & Refund Policy
5.1. Cancellation of an order must be carried out in writing at least 21 days prior to the date of dispatch. All cancelled orders will be subject to cancellation charge.
5.2. If you are not happy with your purchase, please notify us within 7 days of receipt.
5.3. All unwanted items must be returned complete and in a re-saleable condition at the buyers expense. A restock fee will apply.
6.1. Prices quoted by IN2 Access & Control Ltd are to be understood strictly net, ex works, excluding packaging, transport, insurances, any taxes which might arise, certification or recording fees, customs’ duties, assembly and commissioning, unless otherwise agreed in writing.
6.2. When prices should be quoted in a currency other than £.GBP, IN2 Access & Control Ltd shall be entitled to adapt prices accordingly, if the exchange rate of the agreed currency varies by more than 1.5 % as compared to the £GBP. The calculation basis is the exchange rate stipulated in the contract. If, by omission, no initial rate is mentioned in the contract, the exchange rate (foreign currency, purchase price) valid at the time when the ordering party accepted the quotation shall apply.
6.3. Quotations are valid for 28 days from the quotation date.
7. Terms of payment
7.1. The purchase price shall become due 30 days net after invoice date.
7.2. Payments are to be made by the ordering party to the place of residence of IN2 Access & Control Ltd. The amount is to be paid in full, in £GBP, without any deduction for discounts, expenses, taxes or fees. Terms of payment which deviate from the aforementioned terms require a special agreement to this effect.
7.3. Card payments. Card charges will be added to the full value of the transaction dependent on the rate charged by the bank on the day.
7.5. In the case of defaults in payment, IN2 Access & Control Ltd reserve the right to stop scheduled deliveries and shall be entitled to charge interest on arrears of 3% per calendar month.
7.6 In the case of credit accounts, we reserve the right to withdraw credit, without notification at any time.
8. Retention of title
8.1. IN2 Access & Control Ltd shall retain the title to all deliveries until they have been paid in full.
8.2. The ordering party is obliged to undertake everything that is necessary to contribute to protecting the property of IN2 Access & Control Ltd. By accepting the contract, the ordering party authorizes IN2 Access & Control Ltd to make a provisional entry of the title to its property or to enter its title to the property in public registers, public records, or the like in keeping with the applicable law of the country concerned, at the expense of the ordering party, and to handle all the formalities required in this context.
8.3 The ordering party shall, at their own expense, maintain the delivered objects in good condition for the duration of the time that the retention of title applies, and insure them for the benefit of the supplier against theft, breakage, fire and water, as well as other possible risks. They shall, furthermore, take all measures necessary to make sure that the right of ownership of the supplier shall neither be rescinded nor infringed in any way.
9. Time of Delivery
9.1. Time of delivery shall commence with the acceptance of the order by IN2 Access & Control Ltd.
9.2. The time of delivery may be prolonged:
a) if the information which is required for the execution of the order by IN2 Access & Control Ltd is not received on time or if this information is subsequently changed by the ordering party.
b) if the time limits for payments are not adhered to, letters of credit are opened too late or necessary import licences do not reach IN2 Access & Control Ltd on time.
c) if obstacles occur which IN2 Access & Control Ltd cannot prevent despite executing reasonable care at all times, irrespective of the fact of whether or not they occur on the premises of IN2 Access & Control Ltd, the ordering party or a third party. Such obstacles shall be cases of Force Majeure, such as epidemics, mobilization, warfare, uprising, severe operational failures, accidents, industrial conflicts, late or faulty deliveries of necessary raw materials, semi-finished products or finished products, unsuitability for use of essential work-pieces (waste), government measures or omissions or natural disasters.
10. Delivery, shipment and insurance cover
10.1. IN2 Access & Control Ltd shall take special care to use appropriate packaging for the products to be delivered.
10.2. IN2 Access & Control Ltd must receive special requests concerning shipment and insurance of the goods, in good time. Overseas delivery costs will be charged to the purchaser in full.
10.3. IN2 Access & Control Ltd reserves the right to deliver in more than one shipment at its discretion.
10.4. Shipment shall be carried out at the expense and risk of the ordering party. The ordering party must lodge any complaints concerning the shipment with the last carrier. This has to be done immediately upon receipt of the shipment itself or the shipping documents.
10.5. Insurance cover for all damage of any nature shall be the responsibility of the ordering party. This is also applicable if IN2 Access & Control Ltd signs the insurance contract, in which case the ordering party shall still be responsible for payment of the costs and premiums involved.
10.6. In2 Access & Control Limited’s standard method of delivery is a 1-3 day service carried out by Nightfreight Couriers or DPD. Other services are available on special request.
11. Inspection of the goods and acceptance
Standard delivery costs are for UK mainland only. The ordering party must inspect the goods within two working days after receiving them and must immediately report all faults to IN2 Access & Control Ltd in writing. If they fail to do so, goods and service shall be considered approved.
12. Warranty and responsibility
12.1. IN2 Access & Control Ltd guarantees all products delivered by them to be free from manufacturing faults and faulty materials.
12.2. Guaranteed features shall be such as have explicitly been stipulated as such in the product data sheet. This guarantee shall be valid for the duration of the warranty period only.
12.3. The warranty period for products shall be 24 (twenty four) months. It commences with the departure of the goods from the works.
12.4. If the products should be faulty during the warranty period, the ordering party may request a replacement (which will be covered by a new order number). If a replacement shipment is requested, the faulty material has to be returned to IN2 Access & Control Ltd within ten days of receipt of the replacement shipment.
12.5. The warranty shall expire early if the ordering party or any other third party carry out improper changes or repairs.
12.6. Damage which cannot be proven to be due to poor material quality, faulty design or construction work, bad workmanship or other reasons which IN2 Access & Control Ltd is responsible for, is excluded from the warranty and responsibility assumed by IN2 Access & Control Ltd.
12.7 Neither IN2 Access & Control Ltd nor anyone else who has been involved in the creation, production or delivery of IN2 Access & Control Ltd products shall be liable for any direct, indirect, consequential or incidental damages (including damages for loss of business profits, business interruption, loss of business information and the like) arising out of the use of or inability to use such products.
12.8. The ordering party has no rights or claims other than those stipulated in Art. 12.4 for faulty materials, faulty design or construction work or bad workmanship or for the lack of guaranteed features.
12.9. IN2 Access & Control Ltd shall only be held responsible for delays in delivery if they are caused by gross negligence or bad intent. The maximum damage IN2 Access & Control Ltd may be held responsible for shall be limited to the amount of the value of the late delivery. A cancellation of sale and a reduction of the purchase price are excluded.
12.10. Any breach of contract and its legal consequences as well as all claims by the ordering party, irrespective of their legal foundation are fully covered by these terms and conditions. Any claims for compensation, reduction of purchase prices, cancellation of a contract or rescission of a contract, which have not been explicitly mentioned, shall be excluded. Responsibility for consequential damage shall be excluded, unless mandatory legal provisions governing product liability to the contrary exist.
13. Applicable Law
This contract is governed by English Law.