Terms and Conditions Multiplexx - Mobile Computing Solutions And Accessories Terms and Conditions Multiplexx - Mobile Computing Solutions And Accessories
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Terms and Conditions Multiplexx - Mobile Computing Solutions And Accessories

Terms and Conditions

All purchases by Customer from Multiplexx Technologies Limited (hereafter "Multiplexx") shall be governed by these Standard Terms and Conditions of Sale and any relevant quotation document (hereafter "Agreement"). Any sale and purchase under this Agreement shall be referred to as an “Order”. An Order is accepted only under the terms of this Agreement. The submission by Customer of a purchase order in response to this Agreement indicates acceptance of the terms of this Agreement. Customer's acceptance of goods shipped by Multiplexx pursuant to this Agreement shall be deemed acceptance of the terms of this Agreement and the goods shipped.

1. Terms of Payment. Payment terms for the purchase of Multiplexx's Products and/or services ("Products") are net thirty (30) days from date of shipment, subject to the approval by Multiplexx of the amount and terms of credit. Each shipment shall be invoiced and paid for when due without regard to other scheduled deliveries. Multiplexx reserves the right at any time to revoke any credit extended to Customer if payment is in arrears for more than thirty (30) days after notice to Customer or Customer's credit does not warrant further extension of credit.
2. Title & Delivery. At Multiplexx's option, shipment will be FCA plant of manufacture or distribution center, Incoterms 2000. Risk of loss or damage title shall pass from Multiplexx to Customer upon delivery to common carrier or Customer's representative at the FCA shipping location. Customer shall have the responsibility to pay for insurance; and Customer must file all claims for damage directly with carrier. Absent specific instructions, Multiplexx will select the carrier for shipment, but by doing so, will not thereby assume any liability in connection with shipment, nor shall the carrier in any way be construed to be the agent of Multiplexx. Multiplexx shall not be liable for any damages or penalty for delay caused solely by transportation or failure to give notice of such delay.
3. Taxes. Prices are exclusive of all value added tax.
4. Interest. Without prejudice to its other rights or remedies, Multiplexx shall be entitled to charge and Customer shall pay where demanded, interest at a rate equal to four (4) percentage points above the three month London Interbank Offered Rate (LIBOR) for the currency of the invoice as quoted on the Telerate Pages or any other standard marked reference for LIBOR (whether before or after judgment) from the date on which an amount becomes due under the Order until the date on which it is paid. Such interest shall accrue daily and shall not be compounded.
5. Warranty.
a.) Multiplexx's hardware Products are warranted against defects in workmanship and materials for a period of 12 months from the date of shipment, unless otherwise provided by Multiplexx in writing, provided the Product remains unmodified and is operated under normal and proper conditions.
b) Products may be serviced or manufactured with parts, components, or subassemblies that originate from returned Products and that have been tested as meeting applicable specifications for equivalent new material and Products. The sole obligation of Multiplexx for defective hardware Products is limited to repair or replacement (at Multiplexx's option) on a "return to service depot" basis with prior Multiplexx authorization. Customer is responsible for shipment to Multiplexx and assumes all costs and risks associated with this transportation; return shipment to the Customer will be at Multiplexx's expense. Customer shall be responsible for return shipment charges for Product returned where Multiplexx determines there is no defect ("No Defect Found"), or for Product returned that Multiplexx determines is not eligible for warranty repair. No charge will be made to Customer for replacement parts for warranty repairs. Multiplexx is not responsible for any damage to or loss of any software programs, data or removable data storage media, or the restoration or reinstallation of any software programs or data other than the software, if any, installed by Multiplexx during manufacture of the Product. Multiplexx also warrants that (subject to the other provisions of these conditions) the Services will be performed with reasonable skill and care and the Products will materially conform to its description as set out in the Order, or such other specification provided by Multiplexx, for 12 months from delivery.
c) Except for the warranty applying solely to the repaired component arising from a repair service as provided in subsection b) above, the aforementioned provisions do not extend the original warranty period of any Product that had either been repaired or replaced by Multiplexx.
d) If Multiplexx complies with Condition 5 it shall have no further liability for a breach of the warranty in respect of the Products.
The above warranty provisions shall apply to any Product.

i) if Customer does not give written notice of the defect to Multiplexx, and (if the defect is as a result of damage in transit) to the carrier, within 14 days of the time when Customer discovers or ought to have discovered the defect; and
ii) if Multiplexx is not given an opportunity after receiving the notice of examining such Goods and Customer (if asked to do so by Multiplexx) returns such Goods to Multiplexx
iii) if Customer makes any further use of such Products after giving such notice
iv) which has been repaired, tampered with, altered or modified, except by Multiplexx's authorized service personnel
v) in which the defects or damage to the Product result from normal wear and tear, misuse, negligence, improper storage, water or other liquids, battery leakage, use of parts or accessories not approved or supplied by Multiplexx, or failure to perform operator handling and scheduled maintenance instructions supplied by Multiplexx
vi) which has been subjected to unusual physical or electrical stress, abuse, or accident, or forces or exposure beyond normal use within the specified operational and environmental parameters set forth in the applicable Product specification; nor shall the above warranty provisions apply to any expendable or consumable items, such as batteries, supplied with the Product.
Except for the warranty of title and the express warranties stated above, Multiplexx disclaims all warranties on products furnished hereunder including all implied warranties of merchantability and fitness for a particular use. Any implied warranties that may be imposed by law are limited in duration to the limited warranty period.

6. Returns. Products can only be returned by Customer to Multiplexx for reasons of Warranty and only after Multiplexx has agreed with the return in writing.
7. Limitation of Liability.
a) Subject to Condition 5, the following provisions set out the entire financial liability of Multiplexx (including any liability for the acts or omissions of its employees, agents and sub-contractors) to Customer in respect of:
i) any breach of the Agreement; and
ii) any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract; and
iii) all warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
b) Nothing in these conditions excludes or limits the liability of Multiplexx for death or personal injury caused by Multiplexx’s negligence or fraudulent misrepresentation.
c) Subject to Condition 7 a):
Multiplexx’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall in no way exceed the price paid for the relevant Products or the fair market value of the relevant service giving rise to a claim; and
Multiplexx shall not be liable to Customer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of good¬will or otherwise), costs, expenses or other claims for consequential compen¬sation whatsoever (howsoever caused) which arise out of or in connection with the Agreement.
8. Other Products and Services. Customer acknowledges and accepts responsibility for the selection of the Products and services to achieve Customer’s intended results, and their installation, system integration and use. Customer also has the responsibility for selection and use of other equipment, software, and services acquired from third parties outside of this Agreement and used with the Products. Multiplexx has no responsibility for planning, development, implementation, installation, system integration, or support unless provided under a separate written consulting or service agreement. Following the warranty period, upon request, Multiplexx may provide, under a written service agreement at Multiplexx's charges and terms then generally in effect, service and support for the Products, provided the applicable services and parts are then generally available.
9. Right to Possession of Products. Where Customer is in possession of the products but has not yet paid for the Products the Customer’s right of title to the Product shall terminate immediately if:
a) Customer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for the winding up of Customer or for the grant¬ing of an administration order in respect of Customer, or any proceedings are commenced relating to the insolvency or possible insolvency of Customer; or
b) Customer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe/perform any of his/its obligations under the Contract or any other contract between Multiplexx and Customer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or Customer ceases to trade; or
c) customer is in arrears with payment by more than 60 days from the due date
d) Customer encumbers or in any way charges any of the Products.
In such circumstances, described in this Condition 11, Multiplexx, at its discretion shall be entitled to either:

i) recover due payment for the Products; or
ii) request return of the Products and Customer shall return the same within 7 days of such request.
10. Conditional Right of Entry. Subject to the provisions of Condition 10, Customer grants Multiplexx, its agents and employees an irrevocable license at any time to enter any premises where the Products are or may be stored, where Customer’s right to possession has terminated, to recover them.
11. Intellectual Property Rights. All Intellectual Property Rights in the Products and all future modifications and variations made to the Products are and shall vest in Multiplexx or its licensors including techniques and components of the development of software incorporated in the Products (”Software”) to which Customer may have contributed, unless otherwise agreed in writing and signed by authorised officers of both parties.
12. Force Majeure. Shipping dates acknowledged by Multiplexx are approximate and Multiplexx will not be liable for any loss or damage due to its failure to meet scheduled shipping dates. Multiplexx shall in no event be liable for any delay or default in its performance of any obligation under this Agreement caused directly or indirectly by an act or omission of Customer, fire, flood, act of God, acts of Government, an act or omission of civil or military authority of a state or nation, strike, lockout or other labor problem, inability to secure, delay in securing or shortage of labor, materials, supplies, transportation or energy, failures of subcontractors or suppliers, or by war, riot, embargo or civil disturbance, breakdown or destruction of plant or equipment arising from any cause whatsoever, or any cause or causes beyond Multiplexx's reasonable control. At Multiplexx's option and following notice to Customer, any of the foregoing causes shall be deemed to suspend such obligations of Multiplexx as long as any such cause shall prevent or delay performance, and Multiplexx agrees to make and Customer agrees to accept performance of such obligations whenever such cause has been remedied.
13. Disputes. If legal proceedings are commenced to resolve a dispute arising out of or relating to this Agreement, the prevailing party shall be entitled to recover all of its costs, including legal fees, and expert witness fees, including any costs or legal fees in connection with any appeals.
14. Third Party Rights. A third party who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 (the “Act”) to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from the Act.
15. Entire Agreement; No Waiver. This Agreement, along with any schedules, exhibits or attachments which are executed by Customer and Multiplexx, including any applicable service agreement, shall constitute the entire agreement between Customer and Multiplexx. The parties acknowledge and agree that they have not been induced to enter into this Agreement by any representation, warranty or other assurance not expressly incorporated into it; and in connection with this Agreement their only rights and remedies in relation to any representation, warranty or other assurance are for breach of this Agreement and that all other rights and remedies are excluded. The provisions of this clause 18 shall not affect the parties rights or remedies in relation to any fraud or fraudulent misrepresentation. No attempted variation, modification or waiver of any provision of this Agreement shall have any force or effect unless consented to in writing signed by the party against whom enforcement thereof is sought. Such variation, modification or waiver shall be effective only in the specific instance consented to. A failure by any party to exercise or delay in exercising any right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.
16. Severability. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of its provisions will continue in full force and effect as if this Agreement had been executed with the invalid, illegal or unenforceable provision omitted.
17. Governing Law. The validity, interpretation and construction of this Agreement shall be governed by and construed in accordance with Laws of England. Multiplexx and Customer hereby agree to submit to the exclusive jurisdiction of the courts of England.

 
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