ACS’ Terms and Conditions of Sale

• In this Contract, any reference to "we" "us", "our", “AdaptiveComms” or "ACS" refers to Adaptive Communication Solutions Limited or any organisation that may succeed it as the assignee of this Contract and any reference to "you" or "your" refers to you, the user of the Services (including any person who we reasonably believe is acting with your authority or knowledge).
• Unless otherwise stated, you are bound to the terms and conditions of the network/ landline service provider signed with.
• It is not the responsibility of ACS to terminate pre-existing contracts and agreements with agents including (but not limited to) suppliers such as British Telecom and the UK mobile networks.
• Equally any termination, upgrade or similar charges that may be incurred from aforementioned agents are not payable by ACS unless expressly written in the quote. (This may take any form of agreed fund). In this case we only accept responsibility for those fees agreed and disclosed at the time of the quotation.
• Unless otherwise stated all monies referenced are exclusive of VAT. Any cash-back agreements are commission-dependent; if commission is withheld through non-usage of the sim cards provided then the loss of profit will be proportionally deducted from the agreed cash-back amount.
• ACS operates a 60 day term payment of invoice from the customer.
• Supply and installation of BlackBerry equipment for BES customers is limited to that stated in the offer by ACS. It is your responsibility to ensure that you have the correct server for BES or a relevant type of email account for BIS.
• We do not accept any liability for incompatibility of mobile network service with any device or other equipment used by you either that we have not supplied, or that is being used for anything other than that which it was expressly intended.
• In the event that you believe that equipment we have supplied is faulty, ACS undertake to organise for the equipment to be returned to the manufacturer or the manufacturer’s agent as applicable for the manufacturer, or manufacturer’s agent, to test and repair or replace as they see fit in line with the manufacturer’s warranty. ACS assume no responsibility for any charges for repair/ replacement, these are to be borne by you.
• We do not accept liability either in contract, tort (including negligence) or otherwise, for direct or indirect loss of profits, income, business or anticipated savings, nor for any indirect, incidental or consequential damages, including, without limitation, loss or destruction of data, or other information unless such losses were previously agreed in writing when this Contract was entered into.
• The networks operate a 14 day period from the point of connection during which disconnection is possible due to a lack of coverage. This shall not be honoured if the signal strength has been deemed sufficiently tested prior to connection through the use of a loan phone.
• From the date of signature (on the purchase order) we will allow a ‘cooling off’ period of 14 days; after this you shall be considered legally bound to the agreed proposal.
• At any time following the 14 day cooling off period and prior to the end of the contract term, should you fail to complete or comply with any contract or term within that contract, including, but not limited to, ACS, mobile or landline contracts and purchase orders, which results in either costs or loss of income to ACS, you will be held responsible in full for that cost or loss of income howsoever sustained by ACS.
• Usage level monitoring will be carried out as requested in good faith however ACS accepts no liability for any cost, howsoever incurred - including but not exclusive to failure of ACS to check, inform, or otherwise carry out its duties.
• In the event of disconnection from a network during the 14 day disconnection period ACS will find the ‘closest match’ deal on another network where possible.
• Our liability to you in contract, tort (including negligence) or otherwise in relation to this contract is limited to the price paid by you for the service we deliver.
• Each clause within these terms and conditions is mutually exclusive; finding issue with a clause in law will only affect that clause and not any other part of the contract. Acceptance of our services implies acceptance of our terms and conditions unless waivers are expressly agreed in writing beforehand.

Car Kit

When an installation is booked the details provided relating to the vehicle and handset are crucial to ensuring the right equipment is installed. Please ensure the details you provide are correct and that you are available at the time and date the installation is booked. If you are unavailable at the time or date specified or any of the details supplied are incorrect please inform AdaptiveComms by phone at least 24hrs in advance, failure to inform us will result in a £50 (exl Vat) charge. When placing an order for a Bluetooth car kit please take care to ensure it is compatible with your handset. The AdaptiveComms sales team can offer free impartial advice on choosing the correct kit for your handset. The installation of a Bluetooth car kit does not include the setup of a handset not supplied by AdaptiveComms. AdaptiveComms cannot accept responsibility for any problems arising with the handset or with ‘Pairing' the handset to the Bluetooth kit. The instruction manual provided with your handset will provide information on pairing Bluetooth devices. All kits supplied and installed by AdaptiveComms carry a six month warranty on labour and parts, service calls will be made by AdaptiveComms free of charge within this period. If the problem is found to be the handset or vehicle or anything other than the car kit or installation, or if the service call is made after the six month warranty period the customer will be required to pay for any parts required and a £50 (exl Vat) service call cost. Should an engineer be delayed due to matters out of our control we are in no way obliged to provide compensation. Should damage occur to a vehicle during an installation this must be demonstrated to the engineer before they leave site.

Car Kit Installation and Service Terms and Conditions
1. Delivery & Installation

a. The vehicle, parts and mobile phone must be accessible and present at the agreed time of the install. Our engineers will wait for a maximum of 20 minutes if any of the aforementioned are not available after this time the job will be deemed as cancelled and subject to a cancellation charge. Please see section 6 for cancellation details.
b. A minimum of 4 working days notice is required prior to the install date; the ability to fulfil the requested date is dependant upon the availability of the engineer and parts.
c. The booking time advised has a window of 2 hours which is the arrival time for our engineer. Please allow additional time for the install to be completed.
d. We do not quote times for installations as each one is unique, but as a guide you can expect a standard hands free car kit install to take up to 1 hour.

2. Equipment

a. The term ‘Non-Damaging Bracket’ relates to the mounting of a mobile phone holder to the dashboard of a vehicle. It does not mean a completely damage free installation. When a separate loudspeaker is fitted to a vehicle, small drill holes are made to secure the bracket to a panel, usually out of sight, in the passenger foot well. Every effort is made to make any holes as inconspicuous as possible.
b. We will always supply an ‘angle mount’ non-damaging bracket wherever possible and unless specified by the customer at the time of order.
c. ‘Audio Muting Leads’ cannot be fitted to all vehicles with amplified stereo systems. This is because the audio does not operate through ALL of the speakers; and causes echo, interference and feedback. In these instances the external loudspeaker supplied with the hands-free car kit will be fitted. If you are unsure as to whether your system is amplified, please refer to the owners’ handbook.

3. Location

a. In the event of poor wet weather conditions, our technician may require a covered area to work under. This is to protect the upholstery and electrics of your vehicle, and the components we are installing or repairing from rain water damage. This area should be spacious enough to allow both front doors of the vehicle to be fully opened without any obstruction.
b. Our technician’s are not insured to work in National Car Parks (NCP), and it is not our responsibility to pay for any other type of metered parking. For Health and Safety reasons and for the protection of your vehicle, work cannot be carried out on busy main roads or dual carriageways. Please contact us if you are unsure of these conditions or need to make alternative arrangements.

4. Pre & Post Checks
a. An important part of the installation process is that our engineer checks your vehicle’s electrics and discusses the specifics of the work to be carried out prior to its commencement. Once completed, a signature will be required to agree the work has been carried out to your satisfaction and the vehicle has been left in the same condition. If you are not available, please nominate someone to act on your behalf as failure to do so may invalidate the warranty and any further claims.
b. If the work to be carried out relates to a hands free car kit, then your mobile phone must be made available at the start of the job. This ensures that the car kit supplied is the correct one for the handset and allows our technician to perform a thorough performance and functionality test. Without the handset we cannot guarantee the kit will be fully operational when you come to use it and cannot be held responsible for a subsequent call out.

5. Pricing

a. If prices are quoted on this Order Confirmation, they may be subject to change if any additional parts or labour are required.

6. Cancellation

a. Please be advised that a cancellation fee of £50.00 will be charged if access to the vehicle is not possible for reasons beyond our control, or less than 24 hours notice is received by us to change the appointment date and/or time or cover is not available in poor weather conditions, or any of the relevant points above have not been adhered to.
b. We reserve the right to cancel an installation prior to the agreed time. This will only happen where the reasons for cancellation are beyond our control and can not be rectified in time for the installation.
c. Please note our hours of business are 9.00 - 17.00 Monday to Friday, excluding bank holidays, please note that cancellations must be communicated during business hours.

7. Warranties

a. All parts are covered by a 6 month warranty, this does not include, misuse, wear and tear, modification (unless carried out by our engineer), and unintentional user damage.
b. All work carried our by our engineers carries a lifetime warranty and should a fault with the installation be due poor workmanship no call out labour charges will apply.
c. We reserve the right to pre-charge £50 + VAT where we believe the fault to be related to the handset and not the car kit. If on inspection by us the fault is proven to be the car kit or installation the £50 pre-charge will be refunded immediately and in full.
d. At the time of install should any of the information about the vehicle differ from that on the order confirmation and consequently prevents the install to be completed, this may result in additional service call costs.

Registered Address
72 King Street,
Southport.
PR8 1LG

Company Number : 4677602