IntroDelta Terms & Conditions
By placing an order with IntroDelta Ltd, you are accepting our terms and conditions. Your existing statutory rights are not affected by these conditions. Terms and Conditions updated May 2006.

Index

1 Definitions
2 Orders
3 Prices
4 Delivery, Title & Risk
5 Payment
6 Product Specifications
7 Trade Names & Trade Marks
8 Warranties & Returns
9 IntroDelta’s liabilities
10 Health & Safety
11 Force Majeure
12 The Consumer Protection (Distance Selling) Regulations 2000
13 Errors & Omissions
14 Data Protection
15 General Terms of Business


1. Definitions

1.0 "Business Customer" means a customer who is not a Consumer.
1.1 "Consumer" means an individual who is not acting for the purposes of his or her business or profession.
1.2 "IntroDelta" Ltd also referred to as "we" or "us" in these terms and conditions.
1.3 "Catalogue" means the catalogue of products and services offered by IntroDelta.
1.4 "Force Majeure" means any cause affecting the performance by IntroDelta of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
1.5 "Normal Working Hours" means 9 am to 5 pm on a Working Day.
1.6 "Working days" means Monday to Friday, excluding Bank or other Public holidays.
1.7 Please note special terms apply to Consumers, which prevail over the other provisions of these terms and conditions. Customers who are Consumers are referred to Clause 12.

2. Orders

2.1 All contracts of sale made by IntroDelta shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom IntroDelta is dealing, unless agreed in writing in advance. Cancellation of orders by business to business customers is not accepted as many orders are dispatched on the same day the order is placed. Cancellation of orders by Consumers will be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000. Nothing in these terms and conditions is intended to impinge upon a Consumer's statutory or contractual rights to reject faulty goods.
2.2 All orders are subject to acceptance and to availability of the goods ordered: IntroDelta is entitled to refuse any order placed by you.
2.3 You undertake that:
a) All details you provide to us for the purpose of purchasing goods or services offered on our web site are correct, and
b) The credit or debit card you use to make a purchase from us is your own card or your company's card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
2.4 Please note, IntroDelta may record and / or monitor inbound and outbound calls and electronic traffic for training purposes.

3. Prices

3.1 Goods and services, together with VAT, are invoiced at the price prevailing at time of order.
3.2 IntroDelta reserves the right to modify the prices from time to time.

4. Delivery, Title and Risk

4.1 IntroDelta shall use reasonable endeavours to despatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely & foreseeable, we shall contact the customer and advise of the delay. A customer who is a Consumer shall be entitled to cancel an order when advised of a delay if the revised delivery date is not acceptable.
4.2 In the case of a Business Customer, if IntroDelta is unable to deliver the goods within 30 days of the agreed delivery date, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to IntroDelta in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to IntroDelta after the above date but before delivery of the goods or notification from IntroDelta that the goods are ready for delivery. This Clause does not apply to Consumers.
4.3 In the case of Business Customers, IntroDelta does not accept liability for shortages or damage to deliveries unless the Customer notifies IntroDelta of the shortage or damage in writing within 48 hours of receipt of the delivery. Consumers should notify shortages or damage within a reasonable period of becoming aware.
4.4 Business Customers are required to be able to accept the goods when they are ready for delivery within the hours of 08:00 & 18.00 hours on a working day.
4.5 Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
4.6 Title in the goods does not pass to the Customer until payment is received in full by IntroDelta.
4.7 If the Customer cannot accept delivery, IntroDelta may at its option:
a) Store and insure the goods at the Customer's expense and risk or
b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or
c) Re-arrange delivery provided that IntroDelta may charge the Customer for the additional delivery costs incurred.
4.8 The Customer may request a Proof of Delivery, provided that this request is made in writing within 2 months of the date of delivery and IntroDelta shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
4.9 Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. IntroDelta shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.


5. Payment

5.1 Payment is due on shipment, or placement of order if paid online, unless a Customer has been approved for credit. IntroDelta's standard credit terms require payment within 30 days from the date of the invoice, except in the case of transactions where different terms are agreed in writing.
5.2 Payment may be made by cash, cheque, Visa, MasterCard, Maestro, Solo and Pay Pal.

6. Product specifications

6.1 IntroDelta makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications.
6.2 If IntroDelta cannot supply the goods ordered by the Customer, IntroDelta reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to IntroDelta in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.
6.3 Where IntroDelta has to adhere to the manufacturer's guidelines stipulating that a given defect(s) that are deemed acceptable before an item is accepted for replacement on grounds of fault. A condition of placing an order with IntroDelta is in the full understanding that these same terms apply to the customer.

7. Trade names & Trade Marks

7.1 Trade names and marks (other than IntroDelta's) are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products.
7.2 In the case of component purchases, Customers requiring a particular brand of product should, before placing an order, check with IntroDelta the identity of the manufacturer of component it is proposed to purchase.
7.3 IntroDelta and the Business Customer/Consumer acknowledge the intellectual property rights of suppliers and manufacturers of the products appearing IntroDelta’s sales literature and on IntroDelta’s website.

8. Warranties & Returns

Please note that special terms apply to Consumers who wish to return goods, which prevail over the provisions of this Clause 8. Customers who are Consumers are referred to Clause 12.
8.1 IntroDelta is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
8.2 Unless otherwise stated in the manufacturer's documentation, all goods delivered to a UK mainland address carry a one year warranty.
8.3 IntroDelta do not assess or warrant the suitability of a product or service for the application they are to be placed in. It is for the customer to satisfy themselves that the goods are fit and suitable for the purpose they require them.
8.4 If you purchase goods in the course of your business, the following provisions of this Clause shall apply. Other than the express provisions set out in these terms and conditions, all other terms and the implied terms or warranties relating to the supply of goods are excluded to the fullest extent permitted by law. Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
8.5 Subject to the right of Consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000 (see Clause 13), IntroDelta does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering. In some instances, Customers may benefit from special price discounts issued by a manufacturer specifically for their benefit. Such goods are not returnable to the manufacturer and may not be sold to other customers. Accordingly, orders for such goods can not be cancelled and IntroDelta can only return or repair Goods where they prove to be defective and the Goods are returned for repair or replacement.
8.6 In the event that IntroDelta, at its discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 13), agrees to accept the return for credit of unwanted products, the goods must be returned with IntroDelta's prior written agreement within 14 days of delivery. The goods must be unopened, any seal should be intact and in perfect re-saleable condition All goods returned in these circumstances (except where the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 13) will be subject to a 25% re-stocking fee of IntroDelta's sale price for the goods. Please ensure that the product(s) you have purchased are to your specification prior to breaking the seals. This will avoid disappointment and the product(s) being rejected, should you wish to return them.
8.7 No contract shall be cancelled once accepted by IntroDelta nor shall any Goods which are delivered in accordance with the contract be returned without prior written approval of IntroDelta and on terms to be determined at the absolute discretion of IntroDelta.

9. IntroDelta's liability

9.1 In its dealings with Business Customers, IntroDelta shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. ("Financial loss" in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). IntroDelta's liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.
9.2 Nothing in this agreement shall limit IntroDelta's liability for death or personal injury caused by its negligence.

10. Health & Safety

10.1 IntroDelta confirms that the goods it supplies as a distributor do not present a hazard to health and safety.
a) When properly used for the purpose for which they are designed; and
b) If the Customer takes reasonable and normal precautions in their use

11. Force Majeure

11.1 IntroDelta shall not be liable to the Business Customer/Consumer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of IntroDelta’s obligations in respect of the Goods, if the delay or failure was due to any cause beyond IntroDelta’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond IntroDelta’s reasonable control:
a) Act of God, explosion, flood, tempest, fire or accident;
b) War, threat of war, sabotage, insurrection, civil disturbance or requisition;
c) Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
d) Import or export regulations or embargoes;
e) Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of IntroDelta or of a third party);
f) Difficulty in obtaining materials, labor or machinery; and
g) Power failure or breakdown in machinery.
11.2 If we are unable to provide you with your Goods within a reasonable time due to circumstances outside our control, we shall either agree a new timescale with you for the delivery of the Goods or either of us may decide to terminate the contract in which case we will return any prepayments that you have made in full.

12. The Consumer Protection (Distance Selling) Regulations 2000

12.1 Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the IntroDelta website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 ('the Regulations').
12.2 If the Regulations apply, Customers may cancel goods purchased from IntroDelta by sending a written notice of cancellation by post or hand delivery addressed to Customer Services at IntroDelta Ltd, 2 Acorn Business Centre, Livingstone Way, Taunton TA2 6BD or by fax to 01823 275011 or by e-mail to accounts@introdelta.com
12.3 The notice of cancellation must be delivered within 7 working days of the day after date of delivery of the goods.
12.4 The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to IntroDelta, the Customer is under a duty to make the goods available for collection at the Customer's expense from the address to which they were delivered.
12.5 The Customer is under a duty to retain possession of the goods whilst awaiting return to IntroDelta and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.

13. Errors & Omissions

13.1 IntroDelta makes every effort to ensure that all prices and descriptions quoted in its catalogue and on its website are correct and accurate. However, the frenetic tempo of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, IntroDelta will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer’s order and/or received payment from the Customer. IntroDelta’s liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by IntroDelta after the manifest error has been discovered.
13.2 A 'manifest error', as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by IntroDelta which is more than 10% less than the price that would have been quoted had the mistake not been made.

14. Data Protection

Please note: IntroDelta has a privacy statement available on the web site

14.1 Website Security
IntroDelta’s website employs the SSL (Secure Socket Layer) encryption standard in all secure areas, including login pages, customer information and payment details. Provided the Business Customer/Consumer is using an SSL-compliant browser such as Netscape's Navigator, Microsoft's Internet Explorer, Opera or Firefox, the Business Customer/Consumer is able to conduct encrypted transactions without fear of an intermediary obtaining the Business Customer/Consumers credit card information.
14.2 Information Automatically Logged
IntroDelta uses your IP (Internet Protocol) address to help diagnose problems with the system server and to administer IntroDelta’s website. The Business Customer/Consumer’s IP address is also used to help gather broad demographic information. A disk-based cookie (non session) is used to identify the Business Customer/Consumer.

15. General terms of business

15.1 Nothing in these terms and conditions affects your statutory rights as a Consumer.
15.2 If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
15.3 Any waiver of a breach of this Agreement must be in writing.
15.4 Any variation of this Agreement must be in writing and signed by a duly authorized IntroDelta official.
15.5 The headings are for convenience only and shall not affect the interpretation of this Agreement.
15.6 Assignment You must not transfer any contract made with us under these Conditions, as it is personal to you, without written authority from us. This authority will not be refused without good reason.
15.7 Insolvency
This clause applies if:
a)the Business Customer/Consumer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction);
b) An encumbrance takes possession, or a receiver is appointed of any of the property or assets of the Business Customer/Consumer ; or
c) IntroDelta reasonably apprehends that any of the events mentioned above is about to occur in relation to the Business Customer/Consumer and notifies the Business Customer/Consumer accordingly.
If this clause applies then without prejudice to any other right or remedy available to IntroDelta, IntroDelta shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Business Customer/Consumer and if the Goods have been delivered but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
15.8 Customer Service queries
IntroDelta shall make every reasonable effort to resolve or acknowledge by post, telephone or email any queries which the Business Customer/Consumer has made within 48 hours of receipt of any such query.
IntroDelta shall make every reasonable endeavour to respond to complaints within 5 working days and keep the Business Customer/Consumer reasonably notified of any progress thereafter.
15.9 Third Party (Rights) Act 1999
No third party shall be allowed to enforce any rights under this contract.
The parties hereby exclude the application of the Contracts (rights of Third Parties) Act 1999 to each and every contract made under these Conditions.
15.10 No Waiver
IntroDelta's failure to insist upon strict performance of any provision of these Conditions shall not be deemed a waiver of its rights or remedies in respect of any present or future default of the Business Customer/Consumer in performance or compliance with any of these Conditions
15.11 Notice
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.
Notice shall be delivered personally or sent by first class prepaid recorded delivery of by registered post (airmail if overseas) or by facsimile transmission and shall be deemed to be given in the case of delivery personally on delivery and in the case of posting (in the absence of evidence of earlier receipt) 48 hours after posting (six days if sent by airmail) and in the case of facsimile transmission on completion of the transmission provided that the sender shall have received printed confirmation of transmission.
15.12 Enforceability
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provision of these Conditions and the remainder of the provision in question shall not be affected.
15.13 Dispute
In the event of a dispute between the Business Customer/Consumer and IntroDelta, should IntroDelta in writing require, the Business Customer/Consumer agrees to submit to the jurisdiction in accordance with the Arbitration Act 1996 for the time being in force as a legally binding alternative to court action.
15.14 Jurisdiction
The contract shall be governed by the laws of England & Wales and the Business Customer/Consumer agrees to submit to the non-exclusive jurisdiction of the English courts.

Custom Products**

Certain products within our range are made to order and as such can take between 5-15 days to manufacture. These items can include cabinets and power distribution units and custom metalwork.
**Please ensure this period is acceptable or request an agreed time frame in advance of placing the order.

Cancellations & Returns
All returns are accepted at the discretion of IntroDelta and under certain circumstances we reserve the right not to accept goods for return.
In the event of return, Custom items and products ordered in error are subject to the following handling charges.
Custom, built or opened products are subject to charges of 70% of the NETT value of the product.
Products returned in pristine, sealed packaging are subject to charges of 25% of the NETT value of the product.
We regret that once ordered custom products are non-cancelable.
All custom products ordered and subsequently cancelled are subject to charges at 70% of the NETT value of the goods ordered.
All returns must be notified within 30 days of invoice date.


Non Delivery

Claims for non delivery must be made within 7 days of the invoice date.
We regret that delivery charges are non refundable.