1. GENERAL - All orders are accepted and goods supplied subject to our current prices and the following express terms and conditions. These terms and conditions may not be modified or varied in any way unless Data Encryption Systems Ltd. agree to this in writing and only then with an endorsed signature of a Director of the company. When purchasing goods via the Data Encryption Systems Ltd. DESlock+ Website the customer is purchasing by means of a Distance Selling contract as set out in the Consumer Protection (Distance Selling) Regulations 2000.
2. PRICES - Whilst every endeavour will be made to maintain the prices quoted, Data Encryption Systems Ltd. reserves the right to effect changes without prior notice.
3. AVAILABILITY - Data Encryption Systems Ltd. will use its best endeavours to deliver by the date specified but shall be under no liability whatsoever for delay or the consequence thereof however caused.
4. SUPPLY OF GOODS - Data Encryption Systems Ltd. reserves the right to cease or suspend the supply of goods in its absolute discretion.
5. CHANGE OF PRODUCT SPECIFICATION - Data Encryption Systems Ltd. reserve the right without prior notice to discontinue any product or to make design changes which we believe are necessary.
6. DELIVERY - The price of any products must be paid in full before these products are despatched to you. We will use our best endeavours to meet delivery requirements but will not be liable for failure to do so and failure to meet a delivery date shall not prejudice any contract with regards to further deliveries.
7. TECHNICAL ADVICE - No liability shall result from goods that have been used by the Customer in any way at variance with instructions from Data Encryption Systems Ltd. Any technical advice or service given by Data Encryption Systems Ltd. shall not amount to a warranty as to fitness for any purpose other than in accordance with the manufacturers specifications.
8. SHORTAGES - Any shortages in delivery or damaged goods delivered must be notified to Data Encryption Systems Ltd. within three days of receipt of the goods or in cases of non-delivery, as soon as possible, but no later than 14 days from the confirmed date of the goods being despatched to you.
9. YOUR RIGHT TO CANCEL - Notwithstanding anything to the contrary in this Agreement, you have the right to cancel this Agreement at anytime within 7 working days from the date you receive the Products. Should you exercise your right to cancel pursuant to this clause you should immediately return the Products unused, undamaged and fully intact by recorded delivery to Data Encryption Systems Ltd. You are responsible for the cost of returning any Products no longer required pursuant to this clause. Data Encryption Systems Ltd. will refund any monies paid by you to Data Encryption Systems Ltd within 28 days of receipt of the Products in accordance with this clause.
10. GUARANTEES AND WARRANTIES - Data Encryption Systems Ltd guarantee that subject to the conditions in clause 11:
(a) we will replace or repair, at our option, any item supplied which has defects caused by faulty materials or workmanship for a period of twelve months from the date of despatch. Data Encryption Systems Ltd. gives no guarantees, warranties or after sales services other than as set out in this Agreement. Nothing in this Agreement will affect the statutory rights of a consumer in 'consumer transactions' under any applicable statute.
11. REMEDIES AND DAMAGES - Data Encryption Systems Ltd. shall not incur any liability under the above warranty unless:
(a) Data Encryption Systems Limited is notified in writing within the warranty period and within seven (7) days upon discovery, by the Customer, that such goods do not conform to the warranty, and the appropriate invoice number/delivery note number and date of purchase information is supplied.
(b) the alleged defective goods are returned to Data Encryption Systems Limited carriage prepaid.
(c) examination by Data Encryption Systems Limited of the goods shall confirm that the alleged defect exists and has not been caused by misuse, neglect, method of storage, faulty installation, handling, testing or repair, or by alteration or accident.
12. PATENTS AND COPYRIGHT - Certain Products offered for sale by Data Encryption Systems Limited are protected by International Patents and Patent Law. The DESkey and DESlock+ text and logo devices are registered Trade Marks and remain the sole Property of Data Encryption Systems Ltd. and these may not be copied or reproduced without the prior written consent of Data Encryption Systems Ltd. We maintain full copyright in respect of our publications of which no part of them may be reproduced, transmitted or stored in retrieval systems in any form without our prior written permission.
If you should have any complaints about the products or services of Data Encryption Systems Ltd. these should be reported in writing to: The Quality Manager Data Encryption Systems Limited, Silver Street House, Silver Street, Taunton, Somerset, TA1 3DL England.
Data Encryption Systems Limited shall not be liable for incidental or consequential damages for any non compliance with the requirements set out above including, but not limited to costs or removal and re-installation of goods, loss of goodwill, loss of profits or use. If these requirements are not complied with, our guarantee shall not apply and we shall be discharged from all liability arising from the supply of the defective goods.