Note for web customers:
Prices stated on this website apply to web order/credit card purchases only. Purchase orders are accepted but quotations should be requested directly from VoicePower.
Standard Terms and Conditions
Please read these terms carefully before placing your order and retain a copy of these terms and your order for future reference.
Definitions
In this contract the following words shall have the following meanings:- "Client" shall mean the purchaser.
General Introduction
1. These contract conditions shall apply and govern all contracts between VoicePower Ltd, 3 Hornbeam Square South, Hornbeam Park, Harrogate and ("the Purchaser") ("the client") until the contract is completed or determined or new contract conditions agreed in writing for the purchase of any hardware, software or services supplied by VoicePower under this contract for the purchase of any ("products"). The contract consists of the following documents.
a. Any proposal or specification prepared by VoicePower (if accepted by the client) whether on the website or otherwise.
b. Any agreed modification or amendment.
c. The acceptance of such proposal by the client by way of the order.
d. The acknowledgement of order by VoicePower in writing or by e mail to the clients's address. This makes the binding contract.
2. No variations are permitted unless they are in writing and signed by the authorised signatory of VoicePower and no other printed conditions whether on any purchase order or other document is to be incorporated into the contract.
3. It the client is a consumer the contract is subject to the client's right of cancellation (see below).
4. It is the client's responsibility to satisfy itself that all products and orders are in accordance with its requirements and that such are contained in any estimate or specification produced by VoicePower.
5. The client acknowledges that it does not enter this contract in reliance on any other representation other than that contained in a written proposal or as shown on the website accepted by the client.
6. VoicePower shall not be contractually bound to the client until it has unconditionally accepted an order from a client in the Acknowledgement.
7. The price charged will be the price ruling at the time of order as shown on the VoicePower website or alternatively as quoted to the client. All prices are exclusive of VAT.
8. VoicePower will hold the price on any product it holds in stock (but not any products not in stock or any goods in stock sold subsequent to quotation) for a period of one month from the quotation date or until earlier acceptance by the client after which the VoicePower may increase the price without notice to the client. However except when the client is a consumer VoicePower reserves the right, by giving written notice to the client at any time before delivery, to increase the price of the products to reflect any increase in the cost to VoicePower which is due to any factor beyond the control of VoicePower, any change in delivery dates, quantities or specifications for the products which is requested by the client, or any delay caused by any instructions from the client or failure of the client to give VoicePower adequate information or instructions.
9. The price quoted shall not be binding on VoicePower in the event of mistake or omission whatsoever and howsoever arising.
10. The client shall give access to all information as may be necessary to enable VoicePower to carry out its obligations under the contract in accordance with time schedules agreed.
11. Prior to or immediately after the entering into of the contract VoicePower and the client shall agree an agenda to ensure that the products are ready for use as specified.
12. Any requests for variation to the agenda must be made in writing by the client and shall only become agreed and become contractually effective upon acceptance by the client of a statement by VoicePower as to the effect on contract prices and agreed schedules and the client (if such request is accepted by VoicePower) hereby agrees to make such payment and accept such variation to agreed schedules as set out in the statement.
13. The goods are subject to availability. If on receipt of the order the goods the Client has ordered are not available in stock, VoicePower will inform the Client as soon as possible and refund and recredit the Client for any sum that has been paid by the Client or debited from the Client's credit card for the goods.
14. In addition to the price, the Client will be required to pay a delivery charge for the products, as shown in the section of VoicePowers website about delivery.
Training
15. Once an order for training has been accepted and a training date agreed, cancellation or postponement of the appointment will be subject to the following charges:
- More than 5 working days before training date - no charge
- 5 working days or less before the training date - training to be charged in full
Time and Delay
16. Time shall not be of the essence in connection with any obligations of VoicePower in this contract
17. If VoicePower shall have been delayed or otherwise by any act or default of the Client or any circumstance outside the control of VoicePower in the performance of any part or the whole of the contract then the client shall pay for all additional time to that specified in the contract at standard prices and any additional expenses reasonably incurred by such delay to VoicePower and grant such further extensions of time as shall be reasonable to enable VoicePower to complete the contract and any agreed time schedules shall be amended accordingly.
Quality Control
18. only to the extent of any separate warranty as to standards of work and materials given by VoicePower, VoicePower shall use good quality materials and techniques and shall use proper care and skill in the performance of the contract in accordance with reasonable professional standards.
19. warranty is given by VoicePower as to any hardware or software supplied by them under the terms of this contract. VoicePower will use their best endeavours to ensure that the benefit of any manufacturers or other suppliers warranty is transferred for the benefit of the client. This warranty does not affect your statutory rights as a consumer.
Limit of Liability
20. in relation to consumers and except in respect of injury (including death) to any person the liability of VoicePower to the client shall not exceed the lesser of either the contract sum or £100.00.
21. Except in relation to consumers notwithstanding clause 20 above VoicePower shall not be liable to the client for any consequential loss or damage including but not limited to loss of profits or use or accidentally deleted data.
22. Except in relation to consumers the clients attention is specifically drawn to the provisions of clauses 20 and 21 above and it is the clients responsibility to obtain such insurance cover necessary to cover such consequential or other loss.
23.If the product to be supplied by this contract is a Speech Recognition product it is understood by the client that speech recognition is a statistical process and that recognition errors are inevitable and that it is the responsibility of the client to correct such errors before using the result of the recognition process. VoicePower shall in no event be liable for any direct or indirect damage resulting from errors in the recognition process.
Statutory and Other Regulations
24. VoicePower shall comply with all statutory or other regulations in the performance of the contract save that in the case of a Client who is not a consumer if subsequent to the entering into of the contract the cost to VoicePower of performing its obligations hereunder shall be increased by the making of any relevant statutory or other regulation that shall be applicable to the subject of the contract then the price payable under the contract shall be increased by the amount of such increased cost.
25. It is the responsibility of the client to comply with any statutory or other requirements concerning the control of exports of any of the products supplied by VoicePower and the client shall fully indemnify VoicePower from any loss arising out of any infringement of any such requirements.
Confidentiality
26. The client and VoicePower shall keep confidential any information obtained in respect of the contract and shall not divulge the same to any third party without the consent of the other unless such information is in the public domain.
Payment
27. Where account facilities have been granted to the Client in writing the invoice shall be paid within 30 days of the invoice.
28. In the case of a consumer where no account facilities have been granted payment shall be made with order by a method stated in VoicePower's website.
29. Where training has been ordered an invoice shall be raised on the date of the training (or on the date the training had been agreed had it not been cancelled) and is payable within 30 days of the date of the invoice.
30. If any cheque presented in payment of an invoice by the Client shall be returned unpaid by the customer's bank, the Client shall in addition to all other sums payable under the contract pay to VoicePower the sum of £20 for each such event or such greater sum as shall represent the cost incurred by VoicePower.
31. Time of payment shall be of the essence of the contract and all such payments shall be made in accordance with payment requirements.
32. If any sum due under the contract shall be delayed then the client shall pay as from the due date of payment interest on the sum outstanding at a rate of 4% above the base rate of Barclays Bank plc from time to time until the payment has been made.
Termination and Duration
33. This contract shall terminate automatically upon the client, in the case of an individual, being made bankrupt or having a Receiver appointed or committing any act of bankruptcy or in the case of a corporation being wound up or have a Receiver appointed over any of its assets or any part in the event of such termination VoicePower shall have the right without prejudice to any other rights which they may have to enter the client's premises and to remove its equipment and any products supplied under the terms of the contract and not paid for.
34. This contract shall run (in the absence of express agreement to the contrary) on the supply of and payment for the product or services.
Assignment
35. VoicePower may assign its rights and obligations under the contract. The client may assign its rights and obligations with the prior written consent of VoicePower, such consent not to be unreasonably withheld subject to VoicePower being reasonably satisfied that such assignee shall be able to perform the payment and other obligations on the part of the client in this contract.
Waiver
36. No delay, neglect or forbearance on the part of either party shall be deemed to be a waiver or in any way prejudice the rights of that party under the terms of this contract.
Law
37. This contract shall be governed by English Law and subject to the exclusive jurisdiction of the English Courts.
38. any provision in the contract is held by the court or any other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the contract and the remainder of the provisions in question shall not be affected".
Terms Relating to the Supply of Hardware and Software Preparation of Site
39. VoicePower shall use their best endeavours to supply such information as is necessary to enable the client at its own expense to prepare its premises and equipment for installation of the products by the agreed delivery date and to provide all necessary facilities including environmental conditions, power and telecommunication supplies prior to the delivery date to allow installation.
40. If such preparation or provision of facilities are unsuitable or not ready by the delivery date the client shall pay to VoicePower (in addition to any sums due in respect of the system as if delivery had taken place) all additional costs incurred as a result.
41. It is a condition of any warranty that the client maintains the facilities provided in good order and to the satisfaction of VoicePower during any warranty period.
Delivery
42. The goods the Client orders will be delivered to the address the Client gives when the Client places the order.
43. If delivery cannot be made to the Client's address, VoicePower will inform the Client as soon as possible and refund or recredit the Client for any sum that has been paid by the Client or debited from the Client's credit card for delivery.
44. If there is no one at the address given who is competent to accept delivery of the goods, the Client will be notified of an alternative delivery date or a place to collect the goods.
45. Every effort will be made to deliver the goods as soon as possible after the Clients order has been accepted, and in any event within 30 days of the Client's order for deliveries within U.K. However, VoicePower will not be liable for any loss or damage suffered by the Client through any reasonable or unavoidable delay in delivery. In this case, VoicePower will inform the Client as soon as possible.
46. The Client will become the owner of the goods the Client ordered and responsible for risk of loss of or damage to them once they have been delivered to the Client.
Cancellation
47. The Client has the right to cancel the contract at any time up to the end of seven working days after the Client receives the products (see below) A working day is any day other than weekends and bank or other public holidays.
48. To exercise the Client's right of cancellation, the Client must give written notice to VoicePower by hand or post, fax or email, at the address given above, or fax number (01423) 871 129 or email address info@voicepower.co.uk. giving details of the goods ordered and (where appropriate) their delivery.
49. If the Client exercises his right of cancellation after the goods have been delivered to him, the Client will be responsible for returning the goods to VoicePower at the Client's own cost. The goods must be returned to the address shown. The Client must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
50. Once the Client has notified VoicePower that they are cancelling the contract, VoicePower will refund or recredit the Client within 30 days for any sum that has been paid by the Client or debited from the Client's for the products.
51. If the Client does not return the goods as required, VoicePower may charge the Client a sum not exceeding the direct costs of recovering the goods.
52. The Client does not have the right to cancel the contract if the order is for audio or video recordings or computer software which have been unsealed by the client, or for goods which by their nature cannot be returned, or are liable to deteriorate or expire rapidly or for a "full system" i.e. a system that has been set up specifically for the client. VoicePower will notify the Client at the time your order is accepted if this applies.
Risk and Retention of Title - Business Clients Only
53. The risk in the products shall pass to the client upon delivery.
54. Until VoicePower shall have been paid in full the ownership of the products remains with VoicePower who shall have the right to dispose of the products notwithstanding any part payment or payment of a deposit in the meantime the client shall be a trustee of the products for VoicePower. Until such time as the property and the goods passes to the client, the client shall hold the goods as VoicePower's fiduciary agent and bailee and shall keep the goods separate from those of the client and third parties and properly stored, protected and insured and identified as VoicePowers property, but the client may use the goods in the ordinary course of its business.
55. For this purpose the clients grants to VoicePower right of access on to its premises to recover the products.
56. Title to the products shall be retained notwithstanding that the products may be incorporated into other products belonging to the client or any third party.
Use of Hardware and Software Until Completion of the Contract
Business Clients Only
57. Until VoicePower shall have been paid in full the client shall:
a. Allow VoicePower full rights of access to the products supplied
b. Not permit any persons other than VoicePower to effect any replacement or parts or maintain or otherwise adjust or repair the products.
c. Use only such support products as have been previously approved by VoicePower.
d. Not assign or part with any of the products (other than by way of financial assistance for their purchase).
58. In so far as any copyright or other intellectual property rights in any software are vested in VoicePower, VoicePower grants the client a non exclusive non-transferable licence to use for its own use only software upon the payment of such licence fee and maintenance charges as are applicable from time to time. Copyright in any such software or in any associated documentation shall not pass to the client.
59. In so far as the copyright is vested in any third party the client shall comply with the terms of any user licence and to the effect that Voice Power shall not be liable for any loss caused to the client in the vents that such loss arises directly or indirectly out of the breach by the client of any such licence and the client shall fully indemnify VoicePower from any loss arising out of any such breach.
60. In the event of any transference of any products to any third party the client shall ensure that such third party shall enter into obligations similar to those contained in this agreement so far as the same is under the terms of any user licence permissible and as is necessary to enable VoicePower to perform any outstanding obligation under this contact and in the event of any failure to do so the obligation of VoicePower shall cease to have effect.
61. In the event that any products are returned to VoicePower with prior agreement from VoicePower the client shall pay all costs of returning products and in addition pay VoicePower a restocking fee of 5% of the price of the returned products or £50, whichever is the greater.
62. If the client shall alter the system software each and every warranty given by VoicePower under this contract shall automatically be terminated.
Data Protection
63. VoicePower will take all reasonable precautions to keep the details of the Clients order and payment secure, but unless Voicepower is negligent, VoicePower will not be liable for unauthorised access to information supplied by the client.
64. VoicePower will only use the information the client provides about themselves for the purpose of fulfilling the order, unless the client agrees otherwise. VoicePower would like to notify the Client of products and offers that may be of interest to you from time to time, and if the Client would like to be notified of these, they must inform VoicePower.