Terms and Conditions

1. Interpretation and Basis of Contract

1.1 Definitions

• Seller: Airacom Limited (Company No. 07675722), trading as Airacom Systems.
• Buyer: The business or entity purchasing Products.
• Contract: The legally binding agreement formed under Clause 2.
• Products: Goods or services listed on airacomsystems.com, airacom.com, or provided via quotation.

1.2 Strictly B2B The Buyer confirms they are purchasing for business purposes only. All consumer rights, including those under the Consumer Rights Act 2015 and Consumer Contracts Regulations 2013, are expressly excluded. No cooling-off period applies.

1.3 Supremacy of Terms These Terms override any terms proposed by the Buyer. Any Buyer purchase order terms are expressly rejected.

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2. Order and Contract Formation

2.1 Contract Formation A contract is formed at the earliest of:

• Written acceptance by the Seller
• Written confirmation from the Buyer to proceed
• Payment (full or partial)
• Dispatch of goods

2.2 Accuracy The Buyer is responsible for all order details. Once committed, fees under Clause 5 apply.

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3. Price, Payment and Interest

3.1 Pricing All prices are in GBP and exclude VAT and delivery. Pricing errors may be corrected at any time.

3.2 Payment Payment is due at order unless agreed otherwise. Late payments may incur 8% above Bank of England base rate plus recovery costs under the Late Payment of Commercial Debts Act 1998.

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4. Delivery, Risk and Title

4.1 Delivery Delivery times are estimates only. Time is not of the essence and delays do not create liability.

4.2 Retention of Title Ownership of goods remains with the Seller until all outstanding amounts are paid in full. The Seller reserves the right to recover goods if unpaid.

4.3 International Shipments (DAP) The Buyer acts as Importer of Record and is responsible for all duties, taxes, and customs fees. Failure to pay results in forfeiture with no refund.

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5. Cancellations, Specialist Equipment, Made-to-Order Products and Returns

5.1 General Cancellation Policy

Once an order has been accepted by Airacom Limited, the Buyer has no automatic contractual right to cancel that order for convenience. Any cancellation request must be submitted in writing and is subject to Airacom's written acceptance, except where the Buyer has an applicable legal or contractual right to cancel or terminate.

Where Airacom agrees to cancel an order for standard stocked goods, a cancellation or restocking charge of up to 25% of the affected goods' value may apply, provided that the charge is proportionate to the reasonable costs and losses arising from the cancellation.

5.2 Specialist Equipment and Made-to-Order Products

The following categories are designated as Specialist or Non-Standard Products:

(a) ATEX, IECEx, intrinsically safe, explosion-protected and hazardous-area equipment;

(b) Equipment manufactured, assembled, configured, certified, adapted or procured specifically to fulfil the Buyer's order;

(c) Bespoke, customised or special-order products not ordinarily held as standard stock;

(d) Products subject to a non-cancellable or non-returnable manufacturer or distributor procurement commitment; and

(e) Software licences, activation keys and digital entitlements where cancellation or reversal is restricted by the applicable supplier terms.

A product may fall within more than one of these categories.

5.3 Non-Cancellable Specialist Orders

Where a product is expressly identified before purchase as non-cancellable, made-to-order, specially configured or subject to a non-cancellable procurement commitment, the Buyer acknowledges that Airacom may incur substantial and irreversible costs in fulfilling the order.

Following acceptance of the order and commencement of procurement, manufacturing, configuration, certification or other specifically committed fulfilment activities, the Buyer shall have no contractual right to cancel the affected products for convenience.

Airacom shall not be obliged to accept a cancellation or provide a refund solely because the Buyer changes its requirements, no longer requires the equipment, orders an incorrect specification, or subsequently identifies an alternative product.

This clause does not restrict rights arising from Airacom's breach of contract or from defective, materially misdescribed or otherwise non-conforming goods.

5.4 Financial Consequences of Cancellation

Where the Buyer requests cancellation of a Specialist or Non-Standard Product and Airacom agrees to consider or accept that cancellation, Airacom may recover reasonable, evidenced and irrecoverable costs and losses resulting from the cancellation, including:

• Manufacturer and distributor cancellation charges;

• Non-refundable procurement and production commitments;

• Custom configuration, assembly, testing and certification costs;

• Reasonable shipping, handling and administration costs; and

• Other direct losses reasonably incurred and not avoided or mitigated.

Such costs shall not be recovered more than once, and Airacom shall give appropriate credit for any costs avoided or sums recovered through resale or supplier refunds.

Where an order has become contractually non-cancellable under Clause 5.3, Airacom may refuse a cancellation for convenience and enforce its contractual rights, subject to applicable law.

5.5 Product Selection and Technical Suitability

The Buyer is responsible for reviewing and confirming the suitability of the Products for its intended application, including:

(a) Product specifications and compatibility;

(b) Device models and supported hardware versions;

(c) Hazardous-area classification, certification and applicable safety requirements;

(d) Operating environment and installation requirements; and

(e) Any special configuration or integration requirements.

Where the Buyer relies on a specific written recommendation or technical representation made by Airacom, Airacom remains responsible for that representation to the extent required by the Contract and applicable law.

5.6 Returns and Defective Products

Specialist or Non-Standard Products are not eligible for discretionary returns or refunds merely because they are no longer required, have been incorrectly selected by the Buyer, or are unsuitable for a purpose not expressly agreed with Airacom.

The Buyer must notify Airacom promptly upon discovering any alleged defect, damage, incorrect supply or non-conformity, providing reasonable supporting information.

Returns must be authorised through Airacom's Return Merchandise Authorisation (RMA) procedure, except where requiring prior authorisation would unlawfully restrict an applicable remedy.

Nothing in this clause excludes or restricts liability or remedies that cannot lawfully be excluded, including applicable rights concerning defective, materially misdescribed or non-conforming goods.

5.7 Business Purchases and Cancellation Rights

These provisions are intended for genuine Business-to-Business transactions.

The Buyer acknowledges that commercial purchases do not ordinarily benefit from the statutory cooling-off rights applicable to qualifying consumer distance contracts.

Nothing in these Terms shall exclude statutory protections where the purchaser is legally acting as a consumer, or any other rights that cannot lawfully be excluded.

5.8 Priority of Specialist Product Conditions

Where a Product is expressly identified before purchase as subject to Specialist Equipment or Made-to-Order conditions, Clauses 5.2 to 5.6 shall apply in preference to the general discretionary cancellation provisions in Clause 5.1.

Any product-specific conditions must be brought to the Buyer's attention before the Contract is formed.

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6. Warranty and Liability

6.1 Exclusions All implied warranties under the Sale of Goods Act 1979 are excluded where legally permitted.

6.2 Liability Cap Total liability is limited to 100% of the product value. We are not liable for loss of profit, business, or goodwill.

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7. Force Majeure

We are not liable for delays caused by events beyond our control, including supply chain disruption or shipping delays.

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8. Governing Law

This agreement is governed by the laws of England and Wales, with disputes subject to the exclusive jurisdiction of its courts.

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9. Contact