Terms and Conditions
Total Device Solutions Limited
October 2021

These are the Terms and Conditions of Total Device Solutions Limited registered number 12563666 (TDS).

1.    General

a.    ‘Client’ is any person, business or organisation which has contacted TDS requesting information, or who has entered a Contract with TDS for the purchase of IT hardware and accessories (the Equipment).
b.    ‘Contract’ – The legal agreement between TDS and the Client for the provision of Equipment.
c.    ‘The Website’-https://www.totaldevicesolutions.com
d.    ‘The Price’- The sum payable for the purchase of the Equipment as agreed with the Client and any additional sums agreed between the parties. 
e.    ‘Payment’ – can be by BACS, Stripe, debit, and credit cards. 
f.    ‘Days’- All the days in a week excluding weekends and Bank Holidays.
g.    These Terms and Conditions and the Contract will represent the whole of the terms between TDS and the Client. Any changes to these must be agreed in writing by TDS. 

2.    The Equipment

a.    The supply of the Equipment may be online through the Website, by email or ordered over the telephone then confirmed by email.
b.    The descriptions of the Equipment by TDS will be as accurate as possible and provided in good faith.
c.    The Client must satisfy themselves that the Equipment as described meet their requirements before placing an order to purchase. TDS is always willing to answer any questions or queries.
d.    If the Client has any particular requirements that are essential to them, they must contact TDS to discuss the matter before entering an order to ensure this is acceptable to TDS.

3.    The Procedure for placing an order

a.    If made through the Website the Contract for the order is made when the Client has made the Payment as required.
b.    If the order is placed directly with TDS, the Contract is made when an Invoice is raised. If Payment is required immediately the Contract is made when the Payment is received.
c.    Any amendment to the Contract must be agreed by TDS in writing.
d.    TDS can terminate any Contract immediately should the Client commit a material breach of the Contract or these Terms and Conditions.
e.    The Client will have the opportunity to read these Terms and Conditions and any questions answered before placing an order and entering a Contract and so the Client is accepting these Terms and Conditions by entering the Contract.

4.    Cancellation of an Order

a.    In certain cases, the Client may cancel the order up until 14 days after the Contract is made. They must communicate their wish to cancel to TDS in writing immediately.
b.    The Client must immediately, following cancellation, return any Equipment received to TDS in a safe and appropriate manner at their own cost.
c.    Provided the Equipment is returned unopened, in the original packaging and undamaged in any way TDS will the refund the cost of the Equipment less a restocking charge.
d.    The ability to cancel will not apply if the Equipment is opened, not in the original packaging, damaged in any way, or not stored correctly rendering them unsaleable.
e.    The cost of any return is to be met by the Client. 
f.    The return of certain items may be prohibited by the suppliers of TDS, so cancellation is not allowed.

5.    The Price

a.    The Price payable will be as set out on the Website, on the current price list or as set out in an Invoice. 
b.    The Price must be paid as required on the Website where the Equipment is ordered through the Website. 
c.    If ordering over the telephone the Invoice, then raised should be paid by bank transfer or over the telephone by debit or credit card.
d.    If an Invoice is not paid within 30 days of issue, then interest at 8% per annum above the current Bank of England base rate will be payable together with the current recovery fees.
e.    All invoices must be paid in full without set-off, deduction or counterclaim.
f.    Every effort will be made to maintain the Price in the Contract. However, TDS reserves the right to vary the Price afterwards if due to matters beyond their control including but not limited to exchange rates and increases from suppliers.
g.    If it is necessary to increase the Price in the Contract the Client will be given the option to pay the increased Price or to cancel the Contract. If the Equipment has already been delivered and the Client wishes to cancel, they must return the Equipment to TDS in its original packaging and undamaged at their own cost. A restocking fee may be charged.

6.    Advice

a.    If the Client is unsure exactly what to order they can contact TDS to discuss this. Any advice is only provided on the information given.
b.    Any opinion will be given in good faith based on the experience of TDS.
c.    However, the Client must always rely on their own judgement as to if any item is suitable for their purpose. Any opinion by TDS gives no warranty as to the accuracy of that opinion.

7.    Cancellation and Returns Policy

a.    TDS reserves the right to cancel an order without liability if they are unable to supply the Equipment ordered due to events beyond their control. An alternative may be offered, or a refund will then be issued using the same method as the original payment was made.
b.    Equipment sold labelled ‘sold as seen’ and ‘non-refundable’ cannot be returned to TDS. Any known defects will be brought to the Clients attention before purchase. 
c.    Any specific terms of sale will be recorded on the Invoice supplied to the Client.

8.    Delivery

a.    Any delivery or performance dates specified in the Contract are approximate only and unless agreed in writing by TDS, time is not of the essence for delivery or performance.
b.    All sales are subject to the items being available.
c.    No delay shall entitle the Client to reject any delivery or services or any further instalment or part of the order.
d.    If the Client requires delivery by a certain date, then this must be communicated in writing to TDS before the Contract is entered. TDS is only bound by such date if they confirm acceptance of this in writing.
e.    If for any reason the Client is unable to accept delivery of the Equipment when the Equipment are due and ready for delivery, TDS may arrange storage of the Equipment and the Client shall be liable to TDS for the reasonable costs (including insurance) of such storage.
f.    If delivery is not accepted by TDS after three attempts by the courier at delivery, then a delivery charge will be payable before any further attempt s at delivery is made.
g.    Delivery may be direct from the supplier and be subject to their conditions of delivery
h.    The Client must ensure that the correct delivery address is provided in good time to arrange delivery.
i.    The Client must inform TDS of any damage to a delivery immediately and confirm in writing with the exact nature of the problems as soon as possible and in any event within two days of receipt.
j.    If the Equipment does not arrive as agreed the Client must inform TDS of any non-delivery as soon as possible and in any event within two days of the non-delivery.

9.    Limitation of Liability

a.    Should TDS be prevented, hindered or delayed from performing their obligations under the Contract by circumstances outside of their control (including without limitation acts of God, flood, drought, earthquake, other natural disasters, epidemic or pandemic, a terrorist attack, war, civil commotion or riots, war, the threat of or preparation for war, armed conflict,  the imposition of sanctions, embargo or breaking off diplomatic relations, nuclear, chemical or biological contamination, any law or action by government or public authority, the collapse of buildings, fire explosion or accident, any labour dispute or strike, non-performance by suppliers or subcontractors, interruption or failure of utility service, any action or order from the government, travel restrictions )TDS shall be relieved from performing their obligations and will not be in breach of the Contract or otherwise liable for any such failure or delay in the performance of such obligations.
b.    The Liability of TDS to the Client shall not exceed the Price paid and any delivery charges. 
c.    TDS is not liable for any indirect or consequential losses to the Client or any Third Party.
d.    The Contract is exclusive to the Client and no Third Party shall have any rights under that Contract.
e.    TDS has no liability for any loss of profits, goodwill, reputation, special or indirect losses or any other business losses.
f.    TDS does not exclude liability for death or personal injury caused by the negligence of TDS or their employees, agents or subcontractors or fraud or fraudulent misrepresentation.

10.    Intellectual property

a.    All copyright, trademarks and all other intellectual property rights in all Equipment, containers, logos, design, labels, any materials, or copy shall remain always vested in TDS and their suppliers. Any attempt to copy any Equipment, marketing, or business materials, or reproduce, transmit, publish, display exploit, or create derivative products or items shall render the Client liable for damages.
b.    If the Equipment, logos, design, labels, copy, or materials used by TDS are used by a Third Party for any purpose, not in the Contract the Client will be liable to TDS for damages and any legal costs. They must take appropriate steps to ensure such use ceases immediately.

11.    Warranties

a.    TDS will endeavour to transfer to the Client the benefit of any warranty or guarantees they receive from suppliers and manufacturers.
b.    The exact terms of any warrant or guarantee will vary between suppliers and products.
c.    If inspection is required by any supplier to ascertain if any Equipment is faulty and liability accepted the Client must cooperate with this procedure. The Client must dispatch the Equipment at their own cost as directed by the supplier. The supplier or manufacturer will the decide to repair, issue an alternative or a refund.

12.    Children

a.    TDS will only accept orders from clients aged 18 years or over.
b.    TDS reserves the right to ask for ID from anyone they believe to be under 18 years. If satisfactory ID cannot be provided the sale will not proceed further.

13.    Retention of Title 

a.    The legal and beneficial ownership of the Equipment shall remain with TDS until payment in full has been received by TDS for this Equipment, any other Equipment supplied by TDS to the Client or any other monies due from the Client to TDS.
b.    The Equipment must not be mixed with other goods until title has passed.
c.    The above does not affect the right of the Client to sell the Equipment in the normal course of their business and pass good title to a third-party buyer. The rights of TDS will then attach to the proceeds of sale.
d.    The Client grants the right to TDS to enter their premises or other such place as the Equipment is stored to recover possession of the Equipment if Payment is not made as required. 

14.    Data Protection

a.    All data supplied to TDS by the Client will be kept safely in accordance with the UK General Data Protection Regulations (GDPR)and general UK legislation as set out in their current Privacy Notice.
b.    The Client will similarly comply with all current data protection legislation when dealing with data regarding TDS.
c.    Complaints
d.    The Client must raise any problem or complaint it has with the Equipment immediately the issue arises, and TDS will seek to find a mutually acceptable solution.
e.    The Client must, in any event, raise any Complaint about the Equipment within 7 days of the Invoice being raised by TDS or receipt of the Equipment whichever is later.
f.    The complaint must be put in writing addressed to TDS who will take steps to consult with the Client and find a solution.

15.    Severance

If any part of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions.

16.    Waiver

The waiver by TDS of a breach, default, delay, or omission of any of these terms or the Contract by the Client will not be construed as a waiver of any preceding or subsequent breach of the same or other provisions. 

17.    Transfer

The Client may not transfer any of their rights under the Contract to any Third Party.

18.    Law

These Terms and Conditions are governed by the laws of England and Wales.