Securus Storage Services Ltd Information

Please contact us for carraige costs prior to order if an item is specified as ex-works

DATARAX General Terms & Conditions

DATARAX is a division of Securus Storage Services Ltd (Company Registration No.04370064). Based in Ipswich in the United Kingdom, we are completely dedicated to your total satisfaction. If you have any suggestions or comments please contact us.

Correspondance & Payments should be sent to::

Securus Storage Services Ltd
14, The Quadrangle Centre, The Drift Nacton Road, Ipswich, Suffolk, IP3 9QR.
Phone: 0870 7657231
Fax: 0870 7657241
Email: customerservice@datarax.co.uk

All payments by cheque should be made payable to: Securus Storage Services Ltd

Securus Storage Services Ltd will issue all invoices and deal with any payment queries relating to your order.

To avoid delivery delays we suggest that payment is sent to us immediately on receipt of our emailed proforma invoice. A VAT invoice will be sent to you on receipt of payment.

Any communication between us should be by email or first class post to our current email or postal address or to any new email or postal address that we may have notified to you.

Definition & Interpretation

In these Conditions:

"BUYER" means the individual company or organisation whose Order for the Goods is accepted by the Seller

"GOODS" means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions

"SELLER" means the Company (or division of) named on the website heading and in other appropriate places

"CONDITIONS" means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer or the Seller

"CONTRACT" means the contract for the purchase and sale of the Goods

"WRITING" includes telex, cable, facsimile transmission, e-mail and comparable means of electronic communication

"SUPPLIER" means a manufacturer or an authorised individual having supplied any of the Goods specified on the Website and who owns or is authorised to use the intellectual Property Rights in the Goods

"INTELLECTUAL means copyrights, letters, patents, know how, inventions, utility models, registered and unregistered

"PROPERTY" designs, trade and service marks, trade names logos, patent applications, rights in the nature of copyrights

"RIGHTS" and all other similar rights arising from the Materials and Products

"WEBSITE" means this web service and it contents

"ORDER" means any order placed with the Seller by the Buyer.

Any reference in these Conditions to any provision of a statute shall be continued as a reference to that provision as amended, re-enacted or extended at the Relevant time.

The headings in these Conditions are for convenience only and shall not affect their interpretation.

Conditions of Sale

These are the terms and conditions (which include the Sellers privacy policy, disclaimer and copyright notice) on which the Seller does business for goods ordered through this website. They apply to Business Users & Trade only. The Seller does not provide services to, sell to or knowingly accept orders for Goods from consumers.

These conditions of sale are designed to clearly set out our responsibilities and the Buyers rights.

The terms and conditions are in no specific order and have headings and are numbered for reference purposes only. They must all be read by the Buyer prior to placement of an order.

1. These are the only terms and conditions upon which the Seller contracts with the Buyer and no alteration of these terms and conditions shall be valid unless previously agreed in Writing.

2. A contract is formed between the seller an Buyer when (and not before) the seller notifies the Buyer by e-mail, first class post or facsimile that an order has been accepted. The Buyers order will not be accepted until payment has been received, has been cleared or the Seller has agreed credit account terms. The Seller will not accept orders from the Buyer if the invoice or delivery address is not within the United Kingdom mainland. The Buyer may not cancel or vary their order once it has been accepted by the Seller.

3. The Sellers employees or agents are not authorised to make any representations concerning the ordered goods unless confirmed by the Seller in writing. In entering into the contract the Buyer acknowledges that they do not rely on, and waive any claim for breach of any such representations, which are not so confirmed.

4. Any typographical, clerical or other error or omission in any sales literature, website based information, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the Sellers part.

5. No drawings, illustrations or descriptions or any other information submitted or contained in this website,catalogues or other advertising matter shall be deemed to form part of the contract but are for general information and guidance only.

6. The Seller shall be under no liability in respect of any defect in the ordered goods arising from any drawing, design or specification supplied by the Buyer.

7. The Seller reserves the right to vary these terms and conditions at any time but, in respect of any ordered goods, the terms and conditions which apply shall be those which the Buyer accepted when they placed their order.

8. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby.

9. The contract formed by the Sellers acceptance of the Buyersr order shall be governed by the laws of England and the Buyer agrees to submit to the non-exclusive jurisdiction of the English Courts.

10. Force Majeure

The Seller shall not be under any liability for any failure to perform any of its obligations due to Force Majeure. Following notification by the Seller to the Buyer of such course, the Seller shall be allowed a reasonable extension of time for the performance of its obligations.
For the purposes of this Condition Force Majeure means fire, explosion, flood, lightning. Act of God, act of terrorism, war, rebellion, riot, sabotage, or official strike or similar official labour dispute, or events or circumstances outside the reasonable control of the party affected hereby.
If notwithstanding the foregoing liability attaches to the Seller then the amount recoverable by the Buyer or any person claiming through the Buyer in respect of any and all breaches by the Seller shall be limited to the reasonable cost of remedying the defect or other matter constituting such breach (and the Seller shall first be afforded the opportunity of carrying out the remedial work at its own cost) and in no circumstances whatsoever shall the Seller’s liability to the Buyer exceed the value of the defective goods in question.

Making A Purchase

11. The total price of the ordered goods shall be as set out in the on-line order form and includes delivery (unless stated as ex-works in which case a delivery charge is applicable, even when the the delivery charge is stated as free online), packing and value added tax (if applicable). All payments must be in pounds Sterling.

12. Orders under £143.00 Nett Price value will incur a £25 small order handling charge. Items stated as ex-works will also incur a seperate delivery charge that must be added by the Buyer as instructed online or will be added manually to order on receipt of order by the Seller.

13 All credit accounts are granted subject to the approval of trade and bank references by the Seller. Business & Trade customers should contact the Seller at our correspondance address, if they wish to apply for a credit account. The Seller does not grant credit accounts to a party contracting as a consumer. The seller does not provide credit accounts purely on request and reserves the right to refuse to provide an account for whatsover reason and without justification.

14. Where the Seller has provided credit, if the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available the Seller shall be entitled to:

14.1 cancel the contract or suspend any further deliveries to the Buyer at the Sellers complete discretion;

14.2 appropriate any payment made by the Buyer to such of the ordered goods (or the goods supplied under any other contract between the Seller and the Buyer) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and

14.3 charge the buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 5 per cent per annum, above National westminsters base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest); and

14.4 charge the Buyer debt collection and/or legal expenses for recovery thereof upon a full indemnity basis; and

14.5 charge the Buyer £25.00 for each unpaid cheque submitted by them to us in addition to and without prejudice to any other claim.

Delivery And Handling

15. Delivery Schedule

The ordered goods will be delivered to the address entered by the Buyer on the on-line order form, which must be within the United Kingdom.

Most standard items are normally available on a 'SpeedRange' 5 - 10 working day delivery (Deliveries will be completed at any time during this period). To achieve this schedule, orders must be received by 1pm Monday to Thursday & 10 am Friday.

The maximum 'SpeedRange' List Price order value to qualify for the above lead times is:

Shelving, benches, & Workstations = £20000 List Price Value
Angle, Tube, Containers, Louvre Panels = £10000 List Price Value
Pallet Racking =£30000 List Price value

All other orders (Non-'SpeedRange' or orders above the maximum list price) are available on manufactured lead times of 15 - 20 working days . Orders must be received by 1pm Monday to Thursday & 10 am Friday.

Mezzanine floors are on a 5 - 8 week lead time from receipt of the Buyers instruction to manufacture (subject to any added time for local authority approval).

Once an orders is processed the Seller will confirm the proposed delivery date and advise of any changes to the above lead times if applicable. The Seller will advise the Buyer of lead times for Special orders on an individual basis. However, time for delivery shall not be of the essence and the Seller shall not be liable for any delay in delivery. If the Seller fails to despatch any ordered goods within 60 days of accepting the Buyers order (or, in the case of special orders, any longer period which the Seller may have notified to the Buyer), the Seller shall refund in full any payment (or cancel the equivalent liability on a credit account) in respect of such goods (except in the case of mezzanine floors where delays occur that are unforeseen or outside of the Sellers control).

16. Standard Delivery

List prices (unless quoted as ex-works) are inclusive of standard delivery within the UK mainland only, Monday - Friday 8am to 5pm. Deliveries will be completed at any time during this period. All ex-works delivery charges must be paid before an order will be accepted or processed. The Buyer will be contacted if an ex-works order is received without a carraige charge being made.

Clear access for a delivery vehicle of up to 12.2metres in trailer length will be required and delivery is to an external ground floor location only e.g a loading bay, dock or kerbside.

It is the Buyers responsibility to ensure that adequate free parking, labour and/or manned handling equipment is available for offloading of the delivery vehicle at delivery point and into the Buyers premises.

Courier Overnight service may be available for some items , however, this will incur an additional charge depending on requirements.

17. Nominated Deliveries

Should the Buyer require a more specific delivery schedule, the Seller can offer the following nominated delivery day options:

The additional charge for a nominated delivery for 'SpeedRange' products, on or after working day 6 is £125.00
The additional charge for a nominated delivery for
non-'SpeedRange' products, on or after working day 16 is £125.00
For a specific delivery time an additional £75 must be added to the above.

Mezzanine floor delivery dates will be agreed in advance and it is anticipated that they will arrive as early as possible on the first morning of commencement of installation.

All Pallet Racking orders over £30000 at List Price value may have a delivery date nominated free of charge for delivery after day 15, but this must be requested and agreed at time of order by the Buyer with the Seller.

18. Waiting Time

Where unloading does not commence within 30 minutes of the delivery vehicle arriving at the site, the Seller reserves the right to charge waiting at the rate of £36 per half hour for any delay (up to a maximum of 1 hour) after which it will be at the discretion of the Seller whether to abort the delivery. Abortive and repeat delivery charges will then apply. Storage costs will be charged for any product that cannot be delivered by the scheduled delivery date (including aborted deliveries.

19. Risk of damage to, or loss of, ordered goods shall pass to the Buyer at the time the goods are despatched, not withstanding that the Seller may arrange for delivery and in some circumstances installation. Where the Seller is contracting with the Buyer to install the ordered goods the additional clauses to these terms and conditions as set out below and headed "Installation Service" shall also apply.

20. If the Buyer fails to take delivery of the ordered goods or fail to give The Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of our fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may:

20.1 store the ordered goods until actual delivery and charge the Buyer for the reasonable costs (including insurance and transport) of storage; or

20.2 sell the ordered goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the contract or charge the Buyer for any
shortfall below the price under the contract.

21. Where the Seller has provided credit then notwithstanding delivery and the passing of risk in the ordered goods, or any other provision of these terms and conditions, the property in the ordered goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the ordered goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.

21.1 Until such time as the property in the ordered goods passes to the Buyer, the Buyer shall hold such goods as the Sellers fiduciary agent and bailee, and shall keep the ordered goods separate from those of the Buyers own and third parties and properly stored, protected and insured and identified as the Sellers property. Until that time the Buyer shall be entitled to resell or use the ordered goods in the ordinary course of your business, but shall account to the Seller for the proceeds of sale or otherwise of the goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of the Buyers own and third parties and, in the case of tangible proceeds, property stored, protected and insured.

21.2 Until such time as the property in the ordered goods passes to the Buyer (and provided such goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the ordered goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyers or any third party where such goods are stored and repossess said goods and to dismantle the same (without being liable for any damage caused by so doing).

21.3 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the ordered goods, which remain the Sellers property, but if you do so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of ours) forthwith become due and payable.

21.4 The buyer shall if the Seller requires assign to the Seller any right of action against the third party in respect of moneys due for such ordered goods.

22. If any ordered goods are not readily available to the Seller, the Seller reserves the right to withdraw acceptance of the Buyers order for such goods and to refund in full any payment that the buyer has made for them. For the avoidance of doubt other goods ordered by the Buyer will be despatched in the normal way.

23. Where the ordered goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these terms and conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the contract as a whole as repudiated.

Returns Policy

24. All Goods supplied are manufactured to order or shipped directly from the manufacturer for each order, therefore, the Seller does not accept return of Goods for any reason other than that they are faulty, damaged, misrepresented or supplied incorrectly to those Goods actually ordered.

25. Exchanges, returns of unwanted or unintentionally ordered Goods are not accepted, as the Seller assumes that the Buyer is competent or informed enough to be able to do so without error and all Goods are offered by the Seller and deemed to be accepted by the Buyer of any Goods on this condition.

26. The Seller offers full technical support, advice and brochures for all Goods offered, therefore, if the Buyer needs any assistance with or are indoubt about any aspects of the Sellers products or services, then the Buyer must contact the Sellers Customer Services Department who will be able to provide any help and advice that the Buyer may require prior to making a purchase.

Credit Accounts

27. This clause applies if having been provided with credit facilities by the Seller:

27.1 the Buyer make any voluntary arrangement with the Buyers creditors or become subject to an administration order or (being an individual or firm) become bankrupt or (being a company) go into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or

27.2 an encumbrancer takes possession, or a receiver is appointed, over any of the property or assets of the Buyers; or

27.3 the Buyers ceases, or threaten to cease, to carry on business; or

27.4 the Seller reasonably apprehends that any of the events mentioned above are about to occur in relation to the Buyer and notifies the buyer accordingly.

27.5 If this clause 27 applies then, without prejudice to any other right of remedy available to the Sellers, the Seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Seller, and if the ordered goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

28. The Buyer agrees not to offer ordered goods for resale either within or outside the United Kingdom and the Buyer shall indemnify us in full for all losses, damages, costs and expenses which we may suffer or incur if you breach this term.

29. In respect to any contract entered into between the Seller and Buyer, no other party shall have the right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of the contract but this does not effect any right or remedy of a third party which exists or is available apart from that Act.

Tax Charges

30. Unless a Buyer is exempt, all orders will be subject to VAT at 17.5%.

31. Securus Storage Services Ltd VAT Registration Number: is: 792570793

Credit Card Security

33. When the order is placed at the Sellers website, credit card numbers are encrypted using 128 bit encryption. They are only decrypted after they reach the Sellers computer. They are not held in clear text on any web site.

Warranty

34. The Seller warrants that, at the time of delivery, the ordered goods will, subject as hereinafter provided, correspond with the description on this website, will be free from defects in materials and workmanship and will be of satisfactory quality (within the meaning of the Sale and Supply of Goods Act 1994). There may, however, be minor variations between the goods as shown or described on our website and those despatched to the Buyer (but the goods despatched will always be of a comparable or superior quality). Minor scratches, scuffs or rectifiable defects (e.g slight bends in steel that can easily be repositioned by the Buyer) are common place in commercial quality Goods and are not deemed to be defects or defective, and therefore will not normally be replaced, unless agreed otherwise by the Seller.

35. Any claim by the Buyer that any ordered goods fail to correspond with the description on this website or that they are defective or not of satisfactory quality or any shortages, must be notified to the Seller by e-mail or letter immediately on receipt or within 3 days from the date of delivery at the latest. If delivery is not refused, or the Buyer does not notify us accordingly, the Seller shall have no liability for such failure or defect.

36. The seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Sellers instruction (whether oral or in writing), misuse or alteration or repair of the ordered goods without the Sellers approval.

37. Where the Seller has provided credit the Seller shall be under no liability under any warranty, condition or guarantee (if any) if the total price for the ordered goods has not been paid by the due date for payment.

38. If the Buyer makes a valid claim under paragraph 35, the Seller shall replace the ordered goods in question free of charge or, at the Sellers sole discretion, refund in full the payment made in respect of such goods, but the Seller shall have no further liability for such failure or defect. Such replacement or refund is conditional upon the ordered goods in question having been returned to the Sellers for inspection and at the Buyers cost (any reasonable costs, which must be agreed with the Seller in writing prior to returning goods , will be refunded if the inspection substantiates the Buyers claim). Where a claim is not agreed goods will be returned to the Buyer at the Buyers cost and at the Buyers risk. In no circumstances may any Goods be returned for inspection without a Returns Claim Number (RCN), which will be issued to the Buyer, with specific returns information that must be adhered to, by the Sellers Customer Service Department when the claim is made (Goods sent or recieved without a RCN number will not be accepted on delivery).

39. Except in the case of death or personal injury caused by our negligence, the seller shall not be liable to the Buyer by reason of any representation or any implied warranty, condition or other term, or any duty at common law or under these terms and conditions, for any special, indirect or consequential damage.

40. Subject as expressly provided in these terms and conditions (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

Installation Service

The following terms and conditions apply where the Seller is contracting with the Buyer to install ordered goods at the Buyers premises.

41. Unless otherwise stated in writing the Seller contracts on the basis that the Buyer will ensure that:

41.1 the site is accessible, clear, level and dry in readiness for the arrival of the Sellers installers;

41.2 a suitable electricity supply is available for light and power tools;

41.3 sufficient working space has been allocated to ensure maximum output and sufficient, secure storage space is provided free of charge for the Sellers immediate use on or adjacent to the site for plant and all materials and that where applicable, all materials are on site ready for the arrival of the Sellers installers;

41.4 the Sellers employees and/or agents are given every facility to complete the work without undue hindrance;

41.5 where dust is prevalent the seller is not responsible for the washing or wiping down of the ordered goods;

41.6 there is sufficient labour available to off-load the delivery vehicle without delay.

41.7 a suitable forklift truck(s) and mobile access platform(s) will be provide for the Sellers sole use if required, on a free issue basis throughout the installation period.

42. The seller reserves the right to make additional charges should these terms and conditions not be adhered to and such charges shall include (although not by way of limitation) loss of profit and/or damages for delay, inconvenience, increased labour and/or transport costs.

43. Where other contractors are also involved it is a condition of any contract between the Seller and the Buyer that the Buyers programmes will be such as to permit our work to be carried out with expedition and continuity at the site. Should it be subject to delays or a requirement to make a return visit to the site, this will involve additional charges which will be invoiced to the Buyer by the Seller.

44. The Buyer shall obtain all necessary consents, licences and approvals for the installation or erection of the ordered goods. The Buyer shall indemnify the Seller for any costs or expenses incurred by the Seller due to the Buyers failure to obtain such consent, licences or approvals.

45. An installation quotation will be issued for all installation work, all parts of which will form part of the Sellers Terms and Conditions, especially any specifications or reference to site conditions, exclusions, delivery or installation periods and payment. Orders for installation work will only be accepted on the understanding that the Buyer accepts the contents of the quotation in whole part and the Seller will require written confirmation from the Buyerr of this prior to the sellers acceptance of any order.

Privacy Policy

46. The seller does not disclose Buyers' information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party.

Cookies are used on this shopping site to keep track of the contents of your shopping cart, to store delivery addresses if the address book is used and to store the Buyers details if the Buyer selects the 'Remember Me' Option. They are also used after the Buyer has logged on as part of that process. The Buyer can turn off cookies within the Buyers browser by going to 'Tools | Internet Options | Privacy' and selecting to block cookies. If the buyer turns off cookies, the Buyer will be unable to place orders or benefit from the other features that use cookies.

The Seller will not use or disclose the Buyers personal Information unless the Buyer has given permission, except for the following purposes:

46.1 take and fulfill customer orders
46.2 administer and enhance the site and service
46.3 issue a unique identifier (e.g. customer login)
46.4 monitor customer account status beyond that required for individual purchases
46.5 only disclose information to third-parties for goods delivery purposes
46.6 to keep you informed about the Seller and its services and about this website
46.7 if the Seller is required to disclose such Personal Information by any applicable law, regulation or legal process;
46.8 to transfer any such Personal Information to other companies within the same group of companies as the seller, subject to the same privacy policy.

47. In addition to the use of the Buyers Personal Information as described above, the Seller may also gather anonymous information which may be used by the Seller or shared with third parties. This is information which does not identify the Buyer, but which may be helpful for marketing purposes or for improving this website or the services provided through it.

48. If the Buyer has any questions or wishes to have any Personal Information edited or deleted, please email or write to the Sellers Customer Service Department

Disclaimer & Copyright

49. It is a condition of the Seller in allowing the Buyer access to the material on this website that the Buyer accepts the terms and conditions of this notice.

50. The contents of this website are protected by copyright. The copying or incorporation into any other work of part or all of the material available on this website in any form is prohibited save that the Buyer may print or download extracts of the materials on this site for the Buyers personal use.

51. Information on this website is provided "as is" without warranty of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement. All such warranties are excluded to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to the Buyer. However, this website is intended for use by business and trade customers resident on the United Kingdom mainland only.

52. Information on this website may be incomplete, out of date or inaccurate and may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. The Seller may also make improvements and/or changes in the products described in this information at any time without notice. It is therefore essential that you verify all such information with the Seller before taking any action in reliance upon it.

53. The Seller makes no representations whatsoever about any other website which the Buyer may access through this one. When you access a website which does not belong to the Seller, please understand that it is independent from the Seller, and that the Seller has no control over the contents of that website. In addition, a link to another website does not mean that the Seller endorses or accepts any responsibility for the content, services provided by or the use, of such website. It is up to the Buyer to take precautions to ensure that whatever the Buyer selects for the Buyers use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

54. In no event will the Seller be liable to any party for any direct, indirect, special or other consequential damages for any use of this website or on any other hyper-linked website including without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if the Seller is expressly advised of the possibility of such damages.

Remittance Terms

All payments by cheque should be made payable to: Securus Storage Services Ltd