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1. GENERAL: The terms and conditions stated in this document apply to any and all quotations, pro-forma invoices and invoices made and to all agreements relating to sales and deliveries by Airacom Limited. By placing an order at Airacom Limited, the Customer accepts these terms and conditions to the exclusion of any other conditions. Airacom Limited will not accept any other terms and conditions unless mutually agreed upon and accepted by written notification.
2. QUOTATIONS, PRO-FORMA INVOICES AND INVOICES: All offers and quotations are made without engagement unless otherwise expressly stated in writing. Orders will be confirmed by Airacom Limited in writing by means of either the Order Confirmation or, failing that, the Invoice and Airacom Limited shall only be bound by such confirmation.
3. ACCEPTANCE OF ORDER: All orders received by Airacom, will be subject to quotation on the basis of a Pro-forma Invoice for subsequent confirmation by the customer in writing. No order will be entered for production and/or delivered until reception of the confirmation of said Pro-forma Invoice in writing, unless otherwise specified. Pro-forma Invoices are firm for thirty (30) calendar days from the date issued unless otherwise stated in the pro-forma invoice, and are subject to price withdrawal by notice within that period. Prices shown on published price lists and other published literature provided by the Seller are not unconditional offers to sell, and are subject to change without any notice.
The Seller`s prices for the products, unless otherwise specified, do not include shipping, insurance, installation, training, maintenance service charges and any other taxes, which may arise.
4. PRICES: The price list is not considered to be an offer. Our prices are to be understood on the basis of the INCOTERMS 2000 conditions mentioned on the Pro-forma Invoice or previously agreed with the customer, packing non-included. Unless otherwise agreed in writing, all prices are ex works, exclusive of Value Added Tax or other country specific taxes or duties Our prices may be amended without pre-notice, according to the financial or tax conditions, and they are always invoiced on the basis of the Price List in force on the confirmation date of the order, unless otherwise agrees.
5. PAYMENT TERMS: Payment will be effected according to the conditions set up in the Pro-forma Invoice, unless they were previously agreed with the customer. The amount should be paid to our bank account mentioned in the Pro-forma Invoice, on due time. In case a documentary credit is used as payment, the above mentioned bank will be considered the sole beneficiary’s bank, and all charges outside our accounts will be met by the applicant. Airacom reserves the right to reject those documentary credits containing clauses which may jeopardise the normal development of the sales transaction or which do not meet the above mentioned terms or the conditions mentioned on the Pro-forma Invoice. Payment shall be made in advance, unless otherwise stated in the confirmation or unless a charge account terms and conditions form is duly signed and valid. All payments shall be made without any deduction. Airacom Limited shall have the right to charge interest on any and all overdue and outstanding amounts not received by the required due date. Any payment made in another currency than is stated on the invoice will be converted into the currency as stated on the invoice at the exchange rate on the day of payment receipt. Currency exchange differences are the responsibility of the customer and will be claimed. Any payments made with credit card will include a 2% credit card handling charge.
6. DELIVERY: Delivery date is within ten (10) calendar days after the receipt of the PAYMENT, unless otherwise stated. The Seller will use reasonable efforts to meet the indicated delivery dates, but cannot be held responsible for its failure to do so. Title to the products and risk of loss or damage shall pass to Buyer upon delivery to a carrier.
7. SHIPPING: Shipping does not cover import duty where applicable. Payment of any import duty is the responsibility of the receiver.
8. PACKING: All products shall be packed, marked and shipped in accordance with instructions or specifications in the Buyer`s order. The Seller shall comply with best commercial practice to ensure safe arrival at destination
9. CLAIMS AND COMPLAINTS: Complaints about quantities and defects which could have been discovered during normal careful inspection shall be made known to Airacom Limited in writing, as soon as possible after delivery. Any right to claim shall lapse if:
– Claims have not been made in writing;
– Airacom Limited has not been given the opportunity to examine the complaint in person;
– The goods continue to be used;
– Delivery has taken place more than three weeks previously.
Complaints shall never entitle the Customer to postpone payment of any undisputed part of monies due to Airacom Limited or to set off or deduct any charges, claims or expenses.
10. CHANGES: Buyer may, with the express written consent of the Seller, make changes in the specifications for the products or work covered by the pro-forma invoice number. In such event, the pro-forma invoice price and delivery dates may be adjusted. The Seller shall be entitled to payment for reasonable profit plus costs and expenses incurred by it for work and materials rendered unnecessary as a result of such changes and for work and materials required to effect said changes.
11. WARRANTY: Standard two year warranty with regard to the physical phone/s and six months warranty with regard to the batteries. Extended 3/4&5 year warranties are available at point of sale.
12. LIMITATION OF LIABILITY: Seller shall not in any event be liable for incidental, consequential or special damages of any kind resulting from any use or failure of the products, even if Seller has been advised of the possibility of such damage including, without limitation, liability for loss of use, loss of work in progress, loss of revenue or profits, failure to realise anticipated savings, loss of Buyer property or any liability of Buyer to a third party, or for any labour or any other expense, damage of loss occasioned by such products including personal injury or property damage.
The construction, validity and performance of the Buyer`s order shall be governed by the laws of United Kingdom.
13. TRANSLATION: The text of the General Terms and Conditions Airacom Limited is originally made in the English language. In case translation of this text is made in a different language, the original English text shall prevail over any translation.