Terms & Conditions

IMPORTANT INFORMATION:

Our selection is based on the information provided by the customer and/or consultant. It is very important that this information and any assumptions are verified by the customer to ensure its accuracy as iACS can not be held liable for non performance or specification of the controls equipment.

Please Note: Prices are Net Ex-works from our London manufacturing plant and exclude VAT, unless transportation costs are priced separately in the quote. Off loading, installation, trainings to on site personnel or commissioning (if not selected separately quoted) are excluded from this offer. Works to be carried out during normal working hours with access and works permits available at time of visit.

Warranty: 24 Months covering parts only. Please refer to the Terms and Conditions annex for full terms.

Liability: iACS is absolved from any liability or any warranty claims should the installation of the electrical panel and all its accessories not be to the best practise, thus respecting weatherproof installations and appropriate IP protections, attaining to the electrical norms in vigour, appropriate installation of field devices (DP switches, temperature and humidity sensors frost-stats), improper setup (or change) of the controls parameter carried out by non-iACS or other authorized personnel.

The design and selection of all equipment in this quotation is based on the information provided by the customer and also on our best interpretation of the most suitable operating strategy for the job. This quotation is to be considered a recommendation of the appropriate control system. Correct suitability and design of the equipment that form part of this quotation must be checked by the customer prior to placing the order. When an order is placed, the suitability and design will be considered accepted by the customer.

Any equipment and features that are not explicitly stated as included or covered in this quotation do not form part of the supply.

TERMS AND CONDITIONS:

CHANGES TO THE ORDER

iACS reserves the right to charge for modifications that may imply a re-work to the electrical panels requested after the order is placed.

DELIVERY

The delivery period stated is subject to confirmation at time of order. Any delivery period given will commence from receipt of full and final instructions to proceed with manufacture after the appoval of the wiring diagrams.

Split consignments, timed, Saturday or delivery requests out of normal working hours will be subject to an additional cost.

Any aborted deliveries will be redelivered at a suitable time and be subject to an additional delivery cost.

DELAYED DELIVERIES

iACS reserve the right to apply a storage charge on delayed deliveries for storage of complete panels. This would be based on a charge per day 14 days from the confirmed delivery date by the iACS sales team. This also applies should the invoice be not not accepted on the agreed shipment date.

iACS reserve the right to apply a storage charge if the delivery delay is caused by your credit account being in arrears.

DAMAGE IN TRANSIT AND NON-DELIVERY

Where goods or materials are consigned or sent to the purchaser or his agent, no claim will be accepted by the Company and it shall not be liable, in so far as the negligence of itself, its servants or agents can be established for:

a)        GOODS DAMAGED IN TRANSIT Unless the Company and the carrier are notified in writing within 5 days of delivery.

b)        NON DELIVERY of the whole or part of the goods, unless the Company and the carrier are notified in writing within 7 days of the date of dispatch appearing in or from the Company’s dispatch document. In default of compliance by the purchaser with the requirements of this paragraph, the purchaser shall pay for such goods not delivered or damaged in transit without prejudice to the Company’s rights otherwise arising. The practice of signing for goods ‘not examined’ does not absolve the purchaser from this Condition.

COMMISSIONING

When purchased, the commissioning will be confirmed subject to the receipt of the Commissioning checklist form. Commissioning will cover the setup of the controller, double-checking of correct wiring with the associated iACS controlled Field devices. iACS does not cover in the commissioning of the electrical panel the BMS configuration and interface proofing. This will have to be arranged separately, however the AHU panel can be commissioned to be operated by the BMS i.e. will not run until it receives a signal from the BMS to run.

WARRANTY – 24 months from production date

The Company warrants to the purchaser that its products manufactured from the 1st January 1992 will be free from manufacturing defects due to faulty material or workmanship for a period of 24 calendar months from the date of production to the purchaser. This date will be marked on the product label. If any product is found to be defective in material or workmanship during the warranty period, the Company’s entire liability and the purchaser’s sole and exclusive remedy shall be the repair or replacement of the defective parts. The Company shall not be liable for any costs or expenses, whether direct or indirect, associated with the installation, removal or re-installation of any defective product or part of a product. The Company’s liability shall not be effective or actionable unless there is compliance in all respects with all installation and operating instructions supplied by the Company’s or its manufactures, or if the product or part of the product has been subject to accident, misuse, mishandling, tampering, negligence or improper installation or maintenance, or has not been used solely for the purpose for which it was intended. Notice in writing of any defects within the warranty period shall be given to the Company as soon as they are known. The Company shall not, under any circumstances, be liable for any direct, indirect, incidental, special or consequential damages (including, but not limited to, loss of profits, revenue or business) or damage or injury to persons or property in any way related to the manufacturer or the use of its products. The exclusion applies regardless of whether such damages are sought based on breach of warranty, breach of contract, negligence, strict liability in tort, or any other legal theory, even if the Company has notice of the possibility of such damages. The Company gives no guarantee in respect of any proprietary electrical or other equipment made by other manufactures and supplied with the Company’s products but will so far as possible transfer the benefit of any guarantee given by such manufactures to the purchaser. No liability shall vest in the Company arising out of this warranty unless the purchaser shall have first paid all the sums due and payable to the Company under this contract. Products that are not included in warranty are: 1)humidifier cylinders 2) NTC and PTC probes and transformers for the controller external power supply (TRA series). The warranty will not be considered valid if a product is damaged due to the negligence of the Customer, or if the product label is missing.

LIABILITY

Except as expressly otherwise provided in these Conditions the Company shall be under no liability:

a)        For loss or damage (Whether consequential or indirect) caused by the negligence of the Company or otherwise howsoever to the purchaser or to any other person.

b)        For death or personal injury caused otherwise than by the negligence of the Company to the customer or to any other person.

CANCELLATION OF ORDERS

Cancellation of orders (already accepted by the Company) will be accepted only at the Company’s discretion and the Company may charge for all works carried out or expenses incurred in relation to the order before the acceptance of the cancellation. However orders already dispatched cannot be cancelled and parts not required will have to be returned using the returns procedure which can be obtained by contacting either iACS. Return charges may apply.

PRICES AND PAYMENT TERMS

a)        Settlement of accounts is net thirty days from the date of invoice unless otherwise agreed differently in writing.

b)        If the purchaser fails to pay the Company by the due date the Company may either suspend all further deliveries or performance of services until payment is made in full.

c)        The Company reserves the right to charge interest when payment has not been made on the due date at a rate of 2% above bank base rate.

d)        If the purchaser fails to give the Company delivery instructions promptly the Company shall be entitled (but not bound) to store the goods at the purchasers expense, the goods will be invoiced at the date of notification to the purchaser that the goods are available for delivery, and not at the date of delivery should the delivery either be delayed at the request of the purchaser or be due to inadequate delivery instructions being provided to the Company.

e)        The prices contained in the Seller's price list are binding if accepted by order confirmation of the Seller, unless said order confirmation specifies otherwise. The Purchaser shall immediately notify the Seller of all errors and omissions of any type in the payment conditions and in the prices contained in the acceptance document.

f)        Prices do not include VAT and other taxes, customs duties or other charges that may be due on the Products in the country of the Purchaser and are expressed in the currency of the Seller's country unless agreed otherwise.

g)        The Seller also reserves the right to change the terms of payment of the Purchaser when, in its opinion, the financial conditions of the Purchaser and records of previous payments suggest that it is expedient to do so. The terms of payment are specified in the order confirmation. The invoicing value date is essential for payments.

h)        For payments from abroad, expenses for the transfer of funds from the foreign bank to the English bank will be sustained entirely by the Purchaser.

DEFAULT INSOLVENCY

The purchaser shall commit a breach of its obligations to the Company under this or any other contract or if any distress or execution shall be levied upon the purchasers property or assets or if the purchaser shall make or offer any arrangement or composition with creditors or commit any act of bankruptcy shall be presented or mode against the purchaser or (if a limited company) any resolution or petition for winding up shall be presented (other than for the purpose of amalgamation or reconstruction) or if a receiver or an administrator of its undertaking property or assets or any part thereof shall be appointed then the Company may without notice:

a)        Suspend the contract of any unfulfilled part thereof

b)        Stop any goods in transit

c)        Recover any goods from the purchaser’s premises for which payment as not been made in full without prejudice to any right or remedy for which the Company may lawfully enforce or exercise.

iACS RETURN POLICY

We are committed to customer satisfaction at iACS. Our products are of the highest quality and we do everything possible to make sure that the goods are packed in the most secure way to avoid any possible damage during transportation.

Cancellation:

The customer may not cancel orders once accepted by iACS. iACS however, at its discretion and in writing, may agree to cancel an order prior its dispatch and subject to recovering from the customer the costs incurred in handling.

Returns:

Returns will be accepted only if:

1) Item is found faulty and under warranty

2) Item despatched doesn’t correspond to the item ordered

Returns for custom-made items, software, non re-stockable items or items ordered in error or no longer required, will not be accepted.

If you are returning a product accepted by iACS, prior to shipping back the goods, you must first be provided with an RMA (Return Merchandise Authorisation) number which you can obtain contacting our sales team at sales@i-acs.co.uk or calling +44 (0)20 81333 679. Please make sure that products are returned within 30 working days from the issue date of the RMA number and that the product is complete with all content and packaging.

Shipping arrangements and costs back to iACS have to be arranged by the customer. When the goods are returned back to the Customer, iACS will pay the freight charges if the goods are under warranty. On the other hand, if the products are not under warranty or found without any fault or defect, the freight must be paid by the Customer. All returns have to be sent to our London warehouse at the following address:

iACSUnit 3, Forest Hill Industrial EstatePerry ValeLondonSE23 2LXUnited Kingdom

iACS does not operate within its return policy a returns for credit.

GENERAL REPAIR PROCEDURE

For all the products returned to iACS, iACS will send back a report with the goods, explaining the reason for the failure, which repairs have been made and why some products can not be repaired.

a)        Goods repaired under warranty

b)        All the products under warranty will be repaired and repackaged, if possible, enabling the Customer to sell the product as new. If the product is beyond repair or if it is more advantageous not to repair it, iACS will replace the product with a new one.

c)        Goods repaired out of warranty.

d)        All the products that are not under warranty will be repaired where possible. The Customer will be charged with the cost of the used materials and the time taken to repair the product. All the limited value products, which were repaired out of warranty, will be invoiced at a standard 25% of the list price. For all the remaining products, the cost of repairs will not exceed 40% of the relevant list price.

e)        The product will be sent back to the Customer as new. If the product is beyond repair or it is more advantageous not to repair it, the product will be returned to the Customer at no extra charge. Thermostats in the rta series, which are not under warranty, will not be repaired by iACS. Therefore, we stress that the Customer checks the date of the product before returning it to iACS. If checking doesn't show any defect or anomaly, repair will be considered out of warranty and will be invoiced at a minimum (fixed) cost as a partial contribution for testing and regenerating costs.