Skip to main content

Terms and Conditions

AIRACOM SYSTEMS B2B TERMS AND CONDITIONS OF SALE

IMPORTANT NOTICE: These Terms and Conditions apply to all Business-to-Business (B2B) transactions. By placing an order via the Site, email, or telephone, or by confirming a Quote/Pro-forma Invoice, you agree to be bound by these terms. Consumer cancellation rights do not apply.

1. INTERPRETATION AND BASIS OF CONTRACT

1.1. Definitions

  • "Seller": Airacom Limited (Company No. 07675722), T/A Airacom Systems.

  • "Buyer": The person, firm, or company purchasing Products.

  • "Contract": The legally binding agreement formed under Clause 2.

  • "Products": Goods/services advertised on airacomsystems.com, airacom.com, or detailed in an offline Quote.

1.2. Strictly Business-to-Business (B2B) The Buyer warrants that they are purchasing solely for use in connection with their trade, business, craft, or profession. All statutory rights conferred upon consumers, including the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013, are expressly excluded. No 'cooling-off' periods apply.

1.3. Supremacy of Terms These Terms apply to the exclusion of any other terms the Buyer seeks to impose. Any terms attached to a Buyer’s Purchase Order (PO) are expressly rejected and shall have no legal effect.

2. ORDER AND CONTRACT FORMATION

2.1. Formation of Contract A legally binding Contract is formed at the earliest of:

  • (a) The Seller’s written acceptance of the order;

  • (b) The Buyer’s written commitment to proceed via email (following a Quote or Pro-forma);

  • (c) Payment (full or partial) by the Buyer; or

  • (d) Dispatch of the Products.

2.2. Accuracy The Buyer is responsible for ensuring the accuracy of all orders and specifications. Once a commitment to proceed is made under Clause 2.1, the Buyer is liable for the fees in Clause 5.

3. PRICE, PAYMENT AND INTEREST

3.1. Pricing Prices are in GBP, exclusive of VAT and delivery charges. We reserve the right to correct pricing errors at any time.

3.2. Payment and Late Payment Payment is required at the time of order unless credit terms are agreed. Pursuant to the Late Payment of Commercial Debts (Interest) Act 1998, we reserve the right to charge interest at 8% above the Bank of England base rate daily on overdue accounts, plus debt recovery costs.

4. DELIVERY, RISK AND TITLE

4.1. Time Not of the Essence Delivery dates are estimates only. Time shall not be made of the essence by notice. The Seller is not liable for any direct or consequential loss caused by delivery delays.

4.2. Retention of Title (All-Monies Clause) Title to the Products shall not pass to the Buyer until the Seller has received payment in full for:

  • (a) The Products; and

  • (b) All other sums which are or become due to the Seller from the Buyer on any account. The Buyer grants the Seller an irrevocable licence to enter the Buyer's premises to recover Products where title has not passed.

4.3. International Shipments (DAP) Delivered at Place (DAP). The Buyer is the Importer of Record and is solely responsible for all duties, taxes, and customs fees. Refusal to pay these fees results in forfeiture of the order with no refund.

5. CANCELLATIONS AND RESTOCKING FEES

5.1. Mandatory 25% Restocking Fee If the Buyer cancels an order, fails to proceed with a committed order (per Clause 2.1), or refuses delivery, the Buyer shall pay a Restocking and Administration Fee of 25% of the total gross invoice value.

5.2. Liquidated Damages The Buyer acknowledges this 25% fee is a Liquidated Damage and a genuine pre-estimate of the Seller's loss, covering administrative procurement, stock allocation, and loss of alternative sale opportunity.

5.3. Non-Cancellable Items (0% Refund) The following are strictly non-cancellable and the 25% fee does not apply as the full 100% invoice value remains due:

  • ATEX/TIA/Intrinsically Safe equipment (custom builds).

  • Bespoke, custom-made, or software-licensed items.

5.4. Return Process Returns are only accepted for manufacturing defects notified within 7 days. A Return Authorisation Number (RAN/RMA) is mandatory. All original shipping, freight, and duty costs are non-refundable.

6. WARRANTY AND LIMITATION OF LIABILITY

6.1. Exclusion of Implied Terms All warranties implied by the Sale of Goods Act 1979 (satisfactory quality/fitness for purpose) are excluded to the fullest extent permitted by law.

6.2. Financial Cap The Seller’s total liability for any claim shall be limited to 100% of the price paid for the specific Products in the claim. The Seller is not liable for loss of profit, business, or goodwill.

7. FORCE MAJEURE

The Seller shall not be liable for delays or failures resulting from events beyond its reasonable control, including global supply chain disruptions, component shortages, or shipping port delays.

8. GOVERNING LAW AND JURISDICTION

This Contract and any disputes arising from it (including the enforcement of restocking fees) shall be governed by the laws of England and Wales. Both parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

9. CONTACT AND RETURNS

  • Email: sales@airacom.com | Phone: +44 (0) 330 175 8374

  • Address: Airacom, Belmont House, Belmont Road, Uxbridge, London, UB8 1HE, UK.

!