Terms of Business and Conditions of Sale
All orders are accepted and goods supplied subject to current prices and the following express terms and conditions. These conditions may not be modified or varied unless Data Encryption Systems (hereafter referred to as DES) agrees to this in writing and only then with an endorsed signature of a Director of the Company.
All prices quoted are strictly net and VAT will be charged at the appropriate rate. Whilst every endeavour will be made to maintain the prices quoted, DES reserves the right to effect changes without prior notice. This will include the right to change prices without prior notice in order to cover extra costs incurred as a result of the cancellation, alteration, postponement or re-scheduling of orders.
DES 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.
Supply of goods
DES reserves the right to cease or suspend the supply of goods in its absolute discretion when: a credit account is overdue, when, in DES’s absolute discretion, DES has doubts, howsoever arising, about the continued credit-worthiness of the purchaser.
Change of product specification
DES reserves the right without prior notice, to discontinue any product or to make design changes which are necessary.
DES will use its 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.
Customers placing orders with DES must accept delivery of the total order within one year of the date of order. In the event of a customer wishing to suspend deliveries DES requires 60 days notice in writing to this effect. Such a suspension will be limited to a maximum period of 30 days after which deliveries will be resumed at the normal rate. Customers wishing to cancel a schedule, or part schedule, will be invoiced 30% of the cost of the goods involved. No cancellation or request of deferment or suspension of delivery or deliveries can be made by the Customer in respect of non stock items purchased specifically to a Customer’s order.
No liability shall result from goods that have been used by the customer in any way at variance with instructions from DES. Any technical advice or service given by DES shall not amount to a warranty as to fitness for any purpose other than in accordance with the manufacturer’s specifications.
Cheques and postal orders should be made out to Data Encryption Systems and should be crossed. Credit terms within the UK are payment in full by the 20th of the month following the date of invoice. Payment is accepted by BACS, Visa, Access, or MasterCard. Payments for export sales are due by the 20th of the month following the date of invoice. Payment should be by sterling draft on London or by BACS / telegraphic transfer. DES reserves the right to charge interest at 3% above Lloyds prevailing base rate on overdue accounts.
Ownership of the goods shall remain with DES until such time as the Purchaser has paid in full all that it owes to DES, including the full cost outstanding of any other goods, the subject of any other contract, delivery or instalment.
Shortages must be notified both to DES and the carrier where applicable within three days of receipt of goods or in cases of non delivery, as soon as possible but no later than 14 days after receipt of invoice.
Goods returned as not wanted, incorrectly ordered, or duplicated orders resulting from confirmation order not being endorsed to that effect will be subject to a 30% charge. Goods returned must be in their original individual packaging. Returns will not be accepted after 14 days following receipt unless authorised in writing by DES. Non stock items, special price deals and items purchased specifically to a Customer’s requirements or to a Customer own code will not be subject to credit or exchanged under any circumstances whatsoever.
Guarantees and warranties
DES guarantees that subject to the conditions in clause 14: (a) DES will replace or repair, at its option, goods manufactured or sold by DES for a period of twelve months from the date of dispatch any items with defects caused by faulty materials or workmanship.
Remedies and damages
DES shall not incur any liability under the above warranty unless: (a) DES 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 or delivery note number and date of purchase information is supplied; (b) the alleged defective goods are returned to DES carriage prepaid; (c) examination by DES 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.
Quotations are dated and are valid for 30 days from that date, unless otherwise stated.
Patents and copyright
Products offered for sale by DES may be the subject of patents or other such protective devices. DES maintains full copyright in respect of our publications. No part of them may be reproduced, transmitted or stored in retrieval systems in any form without the prior written permission of DES.
The DESkey logo, and DESkey, DESwrap and DESnet text and devices are Registered Trade Marks and are the sole property of DES and may not be used or reproduced in any way without the exclusive prior written permission of DES.
DES 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, DES’s guarantee shall not apply and DES shall be discharged from all liability arising from the supply of the defective goods.
Products designed and manufactured by Data Encryption Systems have been assessed by BIS (Bureau of Industry and Security – USA), and classified as shown below.
The AT1 designation defines certain countries to which our products may not be exported. For current information please refer to Title 15, Volume 2, Chapter 7, Part 738—Commerce Control List Overview and the Country Chart, supplement 1 here which is deep in the bowels of www.ecfr.gov.