Terms & Conditions
Conditions of Sale, Installation, Guarantee and Repair

1.1 A2 Engineering Services warrants that the Equipment including the Software (if any) will be free from defects in workmanship and material at the time of delivery or collection. If any Equipment does not conform to this warranty, subject always to clause 1.2, LANtec will at its option:-
take such steps as LANtec deems necessary to bring the Equipment into a state where it is free from such defects; or
make payment or give credit (as appropriate) to you of the Price of the Equipment found not to conform to the warranty;
provided always that:-
performance of either of the above options shall constitute an entire discharge of A2ES’s liability under this warranty; and
where the Order identifies that the Equipment has the benefit of a Manufacturer's Warranty, A2ES's obligations in respect of parts, materials or equipment covered by such warranty shall be limited to using all reasonable endeavours to assign the benefit of the Manufacturer's Warranty to you and to assisting you in seeking to ensure that the Manufacturer complies with its obligations under such warranty.
1.2 A2ES shall be under no liability under the warranty in clause 1.1 if you fail to give written notice to A2ES of any defect in the Equipment within 7 days of delivery or, if the defect was not apparent on a reasonable inspection, within 7 days after the discovery of the defect, provided always that A2ES shall have no liability in circumstances where such written notice is given after the expiry of the Guarantee Period.
1.3 Any dates quoted for collection or delivery of the Equipment and commencement or completion of the Installation (if relevant) are approximate only and A2ES shall not be liable for any delay howsoever caused.
1.4 If delivery of the Equipment is prevented, delayed or impeded by any act or omission by you, including failure to give A2ES adequate delivery instructions, you shall be liable to pay all additional charges incurred as a result in relation to the carriage of the Equipment including transport back to A2ES if necessary.
1.5 Risk of damage to and loss of Equipment shall pass to you at the time of collection by or delivery to you or any carrier acting on your behalf or, if you wrongfully fail to take delivery, at the time when A2ES tendered delivery of the Equipment.
1.6 Ownership of the Equipment shall not pass to you until the full price of the Equipment and of any other equipment or services supplied to you by A2ES is paid. Until such time:-
you shall ensure that all such equipment shall be properly stored, protected and insured, and shall be identified as the property of A2ES;
A2ES may require you to deliver up all such equipment and A2ES shall be entitled to take possession without prejudice to any of its other rights against you and A2ES is hereby granted a licence to enter into your premises for the purpose of the recovery of equipment;
you have no authority to sell or otherwise deal with the Equipment.
2.1 Installation is conditional upon:-
your Site being ready for both commencement and completion of the Installation by the date quoted for the commencement of the Installation;
A2ES’s representative being given immediate access to commence the Installation upon arrival.
If you seek to alter the date quoted for the commencement of the Installation on less than 48 hours notice, or if the conditions set out above are not complied with, A2ES reserves the right to charge a reasonable sum in respect of time lost or the additional time incurred, in addition to the cost of installation stated in the Order (if any).
2.2 You shall ensure that a representative is available at all times during the Installation to assist and deal with enquiries which the representative of A2ES may have.
3.1 The provision of on-site and workshop repair services and the supply of replacement parts for the Equipment, excluding any Software, on the terms set out in this Agreement for the period specified on the Order, subject to your complying with the relevant payment terms.
3.2 The use of all reasonable endeavours:-
to repair any defect in or malfunction of the Equipment reported by you by telephone, such repair and reporting services to be provided only between the hours of 9am and 5pm Monday to Friday, excluding Bank Holidays, (“Working Hours”);
to respond to any reported defect within 8 Working Hours; and
to repair the defect or malfunction by remote access or at the Site, but if that is not reasonably practicable, A2ES will seek to make suitable arrangements with you for the replacement of the Equipment for the purpose of repair.
3.3 Where a significant part of your operations are affected during any period in which the Equipment has failed or is being repaired, the use of all reasonable endeavours to supply on loan, or hire, equivalent equipment, subject to A2ES having such equivalent equipment available for use, provided that in the event that such equipment is not available, A2ES shall be under no obligation to acquire equivalent equipment.
3.4 In the case of telephones, the replacement of defective handsets with equivalent new, or at A2ES’s discretion, reconditioned handsets.
4.1 Any repair, if any spare part required for the repair is no longer manufactured or, if in the reasonable opinion of A2ES, it is no longer economic to repair the Equipment.
4.2 The repair or replacement of parts in respect of any defect or malfunction which is due to electrical work external to the Equipment; transportation or relocation of the Equipment not performed by or on behalf of A2ES; any failure by you to operate the Equipment in accordance with the instructions of A2ES or any instructions of the manufacturer made available to you; any modification, adjustment or repair to the Equipment made by a third party without the written consent of A2ES; unusual physical or electrical stress, the neglect or misuse of the Equipment or any failure or fluctuation of electrical power, air conditioning, humidity control or other environmental controls; lightning strike; or incorrect use of consumable items or use of consumable items not in accordance with the Manufacturer’s standards, and if, on investigation, A2ES reasonably determines that any defect in or malfunction of the Equipment is a result of any of the matters referred to above, you shall be liable for all costs of such investigation incurred by A2ES.
4.3 In the case of telephones and telephone systems, replacement parts and necessary workshop repairs are only included provided you deliver the Equipment to A2ES for the purpose of repair and A2ES shall be under no obligation to attend your premises other than on the basis that you will be charged the then current call out charge for attendance and time spent at your premises.
5.1 you will be charged the then current call out charge and hourly rate in respect of time spent at your Site (rounded up to the nearest half hour). You will also be charged for all spare parts provided during the course of the repair;
5.2 A2ES will use all reasonable endeavours to repair the defect or malfunction on site. If such repair is not possible the parties will determine whether workshop repairs are to be undertaken and an estimate will be given;
5.3 in the event that you do not wish workshop repairs to be undertaken, or if A2ES in its reasonable opinion advises that it is not economic to repair the Equipment, you will be charged for the call out and for time spent in the preparation of any estimate;
5.4 that all limitations of liability set out in these Conditions will apply to such repairs.
6.1 Provided A2ES has approved the opening and operation of a trade credit account with you and provided you do not exceed the approved credit limit, the price for the Equipment, any delivery charge, costs of installation and the Service Charge shall be payable:-
by monthly direct debit; or
in special consent cases, within thirty days of the relevant invoice.
In the event that a trade credit account has not been approved, or you exceed the approved credit limit, all sums shall be payable immediately, with any further Service Charges in respect of subsequent years to be paid prior to the commencement of such subsequent years. All periodical payments under this Agreement shall be made by direct debit.
6.2 The Service Charge for Software Support (if any) for the Fixed Price Period is as specified in the Order, exclusive of applicable value added tax, which will be added to the Service Charge at the standard rate.
6.3 The Service Charge may be increased at any time after the Duration Period without notice to you provided that the total increase does not exceed 5% in any 12 month period. Any increase in excess of 5% may only take effect on a minimum of thirty days prior written notice to you.
6.4 If you fail to make any payment on the due date, then A2ES shall be entitled to charge interest on all overdue sums on a day to day basis at the rate of 8% per annum calculated from the due date until the date of payment.
7.1 for any loss, howsoever arising, in relation to the sale of the Equipment, in an amount exceeding the cost of the Equipment;
7.2 for any loss, howsoever arising, in respect of the Installation, the provision of repairs, and (where relevant) Software Support in excess of £1,000,000;
7.3 for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of A2ES, its employees or agents or otherwise) which arise out of or in connection with any act or omission of A2ES or its duly authorised representatives in relation to the sale of the Equipment, the Installation, the Software Support or the provision of any repair or advice; and
7.4 for any loss or damage sustained or incurred by you or any third party for the loss or corruption of any information, data or loss of use of the Equipment or the Software occurring as a result of any fault of the Equipment, the Software, any advice provided to you, or any act or omission by any representative or employee of A2ES;
7.5 for any breach arising as a result of circumstances beyond the reasonable control of A2ES.
8.1 These Conditions including the Order are the only terms and conditions on which A2ES is prepared to contract with you in respect of the sale, installation and repair of equipment and these Conditions shall apply to the exclusion of any other express or implied conditions, including any terms and conditions to which your order may purport to be subject.
8.2 No variation to this document shall be binding unless agreed to in writing by a director of A2ES.
8.3 This Agreement contains the entire agreement between us with respect to its subject matter and supersedes all previous agreements and understandings between us and you acknowledge that on entering into this Agreement, you do not do so on the basis of or reliance upon any representation, warranty or other provision except as expressly provided in this Agreement and, accordingly, all conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law.
8.4 All spare parts and replacement components supplied by A2ES shall become part of the Equipment and any parts and components removed shall become the property of A2ES.
8.5 Any waiver by A2ES of a breach of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision.
8.6 Termination of this Agreement shall not prejudice any other right or remedy of A2ES in respect of any breach by you.
8.7 This Agreement is personal to you and you may not, without the written consent of A2ES, assign or otherwise dispose of any of your rights or obligations hereunder.
8.8 Any notice required by this Agreement to be given by either party to the other may be given by hand or sent by Signed For post to the other party to the address stated in the Order and any notice which is not returned as undelivered, shall be deemed to have been given on the second day after posting and proof that such notice was sent by recorded delivery shall be sufficient evidence that such notice has been duly given.