Terms & Conditions of Business

Terms of business of SpeechWrite Ltd & Speechwrite Digital ltd

Prices

The prices contained in any quotation are based on conditions ruling at the date thereof. If any increase howsoever arising in the cost of merchandise including, but without being limited to, any increase in cost, manufacturing or raw materials, labour or transport after such date, SpeechWrite shall be entitled (subject to any statute or regulation) to make such addition to the contract price as shall be reasonable in the circumstances.

Payment Terms

1 Payment is due 50% on receipt of invoice and 50% prior to installation of the software.

2 In the event of deferral or cancellation of scheduled training bookings where the trainer cannot be re-booked to another client the following charges will apply:

• Notice of 7 or more days: No charge
• Less than 7 days notice: 50% of training price charge.
• Less than 24 hours notice: full training price charge.

3 Training daily rate are inclusive of travel and accommodation costs within England and Wales. Delivery charges will be invoiced in respect of hardware deliveries at the rate of £8.00 (plus VAT) per postal delivery and £25 or 0.5% of hardware value (plus VAT) for courier deliveries.

4 This order is subject to contract. Upon completion or earlier installation of the software SpeechWrite’s standard General Terms and Conditions will apply.

Value Added Tax

All prices are exclusive of VAT which will be charged at the rate of ruling at the time of despatch.

Title of Goods

• (i) Immediately upon delivery the customer of any goods agreed to be sold by SpeechWrite Ltd the customer, the customer will become the bailee thereof and the legal title thereto shall be retained by SpeechWrite Ltd as Bailor. Legal title of the goods shall not pass to the customer unless and until the customer shall have discharged all its indebtedness to the company in respect of goods. Until all indebtedness is discharged SpeechWrite Ltd has the right to repossess the goods and reserves license to enter the customer’s (or Subject’s) premises for that purpose.
• (ii) Not withstanding the terms of (i) above the customer shall be entitled before discharging its obligations to SpeechWrite Ltd to resell the goods or any of them. Upon such re-sale and without derogating from SpeechWrite other remedies (including its right to trace) the customer shall hold the proceeds of sale upon trust of SpeechWrite Ltd until such time as all the indebtedness to SpeechWrite Ltd under any contract of sale entered into between them or otherwise shall have been discharged. Similarly, the benefit of any insurance proceeds should be the goods become damaged prior to resale shall be held on trust for the company until such time as all the customers indebtedness to SpeechWrite Ltd has been discharged.

Payment

The price of the goods must be paid by the buyer during the month following the date of invoice.

The buyer must clearly identify the invoice to which payment relates.

The buyer shall be entitled to notify the seller of any dispute of items contained on an invoice within 2 working days of receipt of the invoice.

If the buyer fails to make payment on the due date then, without prejudice to any right or remedy available to the seller, the seller shall be entitled to:

• a) cancel the contract or suspend any further deliveries to the buyer without any further liability to the buyer
• b) bring any action against the buyer for the price of the goods notwithstanding the property in the goods has not passed to the buyer
• c) charge the buyer interest (both before and after any judgement), at an annual rate of 5% above Bank of England base rate, until payment is made in full

Annual Support Package

The Annual Support Package from SpeechWrite Ltd entitles the customer to telephone support via the office based support line during the hours of 9am to 5pm. Web based support is available at www.speechwrite.com via the customers unique username and password. Each supported customer is entitled to one site visit by SpeechWrite Ltd Support Staff per 6 users per year as and when problems cannot be resolved via other methods. SpeechWrite Ltd is obliged to notify customers as and when software upgrades become available, and to supply these to the customer within due course. The Annual Support Package is chargeable per unit per year. SpeechWrite Ltd reserve the right to refuse technical support to customers who opt out of taking up this service. Supported customers are entitled to support as listed above for 12 months from invoice date. If the customer opts to not continue with support after the 12 month period has expired the customer will no longer receive support from SpeechWrite Ltd. The Annual Support Package does not cover additional training; additional training can be arranged and incurs a cost to the customer. The Annual Support Package does not cover installation; this is available as a separate charge. The Annual Support Package in no way covers hardware for failure or accidental damage; SpeechWrite Ltd will endeavour to ensure all goods within their 12 month warranty period are replaced within the manufacturers terms and conditions.

Support may be cancelled at any time by giving three months written notice.

Extended Hardware Warranty 

(replaces manufactures 12mth warranty – year 2 onwards)

The Extended Warranty Support Package from SpeechWrite Ltd entitles the customer to a full repair / replacement service (within normal terms and conditions). Items not included: - Headsets / Foot Controls. Repair service is a return to Speechwrite service and under normal conditions turn round time is 24/48 hrs of Speechwrite receiving faulty goods. If Speechwrite are unable to repair unit then a replacement unit is shipped out. SpeechWrite Ltd is obliged to notify customers as and when firmware upgrades become available, and to supply these to the customer within due course. The Extended Warranty Support Package is chargeable per unit per year.

Short Delivery and Defective or Damaged Goods

Claims for short delivery, or delivery where the goods do not conform to the delivery note must be made within 48 hours of receipt of goods. Claims for defective or damaged goods must be made in writing within 7 days of receipt of goods.

Delay/Non Delivery of Goods

Invoices are issued on the day following the shipment of goods from SpeechWrite Ltd’s warehouse. If the customer does not receive the goods within 10 days from the date shown on the invoice SpeechWrite Ltd must be notified immediately by telephone followed by written confirmation. No responsibility can be accepted by SpeechWrite Ltd for transit losses but every assistance will be given in making claims on carries providing non receipt is notified within the time limit.

Dispute

Any dispute or claim against services provided by the seller (including installation, training, support) must be notified in writing, by the buyer within 30 days of the completion and or invoice.

This does not effect the buyers statutory rights.

Warranty and Liability

Except as expressly provided in these conditions the seller excludes all warranties, conditions or other terms implied by statute or common law to the fullest extent permitted by law.

If, notwithstanding the above, the seller is found liable for any loss or damage suffered by the buyer, its aggregate liability shall in no event exceed the price of the goods the subject of the claim and, without prejudice to the above, shall not be liable for any indirect, special or consequential loss, losses sustained in the ordinary course of business, loss of profit, loss of business, depletion of goodwill, loss of business opportunity, revenue, contracts or loss of savings whatsoever.

The seller shall be under no liability

• A) in respect of any defect arising from wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the sellers or manufacturers instructions (whether verbal or written), misuse or alteration without the sellers approval
• B) Under any warranty, condition or guarantee or any duty of common law, if the total price for the goods has not been paid by the due date
• C) By any verbal warranty or representation given or made on its behalf unless confirmed in writting

Return of Goods

SpeechWrite Ltd is unable to accept the return of merchandise without prior consent. Before returning merchandise SpeechWrite Ltd must be notified with the details included of the merchandise, the invoice number and date. Authorisation for returns, if appropriate, will then be given. In relation to hardware products, authorisation will only be give if the unit is complete with all accessories, cables, batteries, etc. is in brand new condition and is in its original pristine packaging.

Product Descriptions

Product descriptions are correct at the time of printing. However, these may be changed without notice after publication and subsequent change is regretted in advance.

Cancellation

The customer shall be liable for any non-recoverable costs incurred by SpeechWrite Ltd should the customer cancel any order it has placed with SpeechWrite Ltd.