1. About us
1.1 Company details. Device Network Ltd (company number 07854291) (We and Us), is a company registered in England and Wales and our registered office is at Units 1 & 2, The Old Dairy, Hazlemere Cross Roads, High Wycombe, Buckinghamshire, HP15 7LG. This is also Our main trading address.
1.2 Contacting us. To contact Us, telephone Our customer support team at +44 (0)1494 717 960 or email firstname.lastname@example.org. How to give Us formal notice of any matter under the Digital Services Contract is set out in clause 13 of the Terms and Conditions.
2. Our contract with you
2.1 Our contract. These terms and conditions of purchase (LCD Buyback Terms) apply to Your request for Us to purchase from You the LCD Goods (LCD Buyback Contract). The following terms are incorporated into the LCD Buyback Contract (Terms):
- DeviceNetwork.com – Terms and Conditions
- DeviceNetwork.com – Website Acceptable Use Policy
- DeviceNetwork.com – Terms of Website Use
- DeviceNetwork.com – Owner’s Guarantee and Indemnity
No other terms are implied by trade, custom, practice or course of dealing.
2.2 Definition. when the following words are used with capital letters in these LCD Buyback Terms, this is what they will mean:
- Faulty Screens means any LCD Goods that are not categorised as Working Original in the relevant Report;
- LCD Goods means the used LCD screens You wish to sell to Us;
- LCD Grading means the LCD grading document available in the downloads section of Our B2B Portal;
- LCD Packing Guidelines means the packing guidelines for LCD Goods available in the downloads section of Our B2B Portal;
- LCD Pricing means the document setting out the prices We will pay for used LCD screens that is available in the downloads section of Our B2B Portal as amended from time to time;
- Recycle Form means the recycle form available in the downloads section of Our B2B Portal;
- Report means Our report to You grading the LCD Goods against the criteria in the LCD Grading;
2.3 Interpretation. Unless the context otherwise requires, words and expressions defined in the Terms shall have the same meaning when used in these LCD Buyback Terms.
2.4 Entire agreement. The LCD Buyback Contract is the entire agreement between us in relation to its subject matter. You acknowledge that You have not relied on any statement, promise or representation or assurance or warranty that is not set out in the LCD Buyback Contract.
3. Offer and acceptance
3.1 Your Offer. Please send us the LCD Goods together with the Recycle Form. The LCD Goods must be packed in accordance with the LCD Packing Guidelines. When You send Us the LCD Goods, You are making Us an offer to sell the LCD Goods at the prices set out in the LCD Pricing (Offer). Risk in the LCD Goods passes to Us when We receive them from You.
3.2 Report We will test, process and send You a Report that grades the LCD Goods as Working Original, Faulty Type 1, Faulty Type 2, Faulty Type 3, Working Copy and Faulty/Broken Copy in accordance with the LCD Grading. The Report sets out the price We will pay for the LCD Goods (Price). If less than 25 LCD screens are categorised as Working Original in the Report, a logistics charge of £10 will be levied and deducted from the Price.
3.3 Our Acceptance The Report constitutes Our acceptance of Your Offer. The LCD Buyback Contract comes into existence when We send You the Report.
4. Payment and return of faulty screens
4.1 You have 5 Business Days from receipt of the Report to notify Us of any discrepancies and to request the return of any Faulty Screens. If We agree with any discrepancies You notify, We will issue You with a revised Report.
4.2 A £10 delivery charge is payable in relation to any Faulty Screens You request be returned to You. No LCD Goods categorised as Working Original will be returned to You.
4.3 If 80% or more of the LCD Goods are Faulty Screens, You will be charged a consignment fee of £0.50 for each item of the LCD Goods and no Faulty Screens will be returned to You.
4.4 4.4 After 5 days, We will pay You the Price by bank transfer, at which point title to the LCD Goods passes to Us.
5. Sale and purchase
5.1 You sell and We buy the LCD Goods free from all liens, charges and encumbrances.
6. Our liability: your attention is particularly drawn to this clause
6.1 References to liability in this clause 6 include every kind of liability arising under or in connection with the LCD Buyback Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
6.2 Nothing in these Terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- any other liability that cannot be limited or excluded by law.
6.3 Subject to clause 6.2, We will under no circumstances be liable to You for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
6.4 Subject to clause 6.2, Our total liability to You for all losses arising under or in connection with the LCD Buyback Contract will in no circumstances exceed the Price.
7.1 Without limiting any of Our other rights, We may terminate the LCD Buyback Contract with immediate effect by giving written notice to You if:
- You commit a material breach of any term of the LCD Buyback Contract and (if such a breach is remediable) fail to remedy that breach within 30 days of You being notified in writing to do so;
- You fail to pay any amount due under the LCD Buyback Contract on the due date for payment;
- You suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of Your business; or
- Your financial position deteriorates to such an extent that in Our reasonable opinion Your capability to adequately fulfil Your obligations under the LCD Buyback Contract has been placed in jeopardy.
7.2 Termination of the LCD Buyback Contract shall not affect Your or Our rights and remedies that have accrued as at termination.
7.3 Any provision of the LCD Buyback Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
7.4 Termination of the LCD Buyback Contract shall not affect any other agreement between You and Us in relation to Marketplace Services, Digital Services or Inventory Sales or the application of the Terms to such agreement(s).
8. Events outside our control
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under the LCD Buyback Contract that is caused by any act or event beyond Our reasonable control (Event Outside Our Control).
8.2 If an Event Outside Our Control takes place that affects the performance of Our obligations under the LCD Buyback Contract:
- We will contact You as soon as reasonably possible to notify You; and
- Our obligations under the LCD Buyback Contract will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to You, we will arrange a new delivery date with You after the Event Outside Our Control is over.
9. Communications between us
9.1 When we refer to "in writing" in these Terms, this includes email.
9.2 Any notice or other communication given under or in connection with the LCD Buyback Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
9.3 A notice or other communication is deemed to have been received:
- if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
- if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
- if sent by email, at 9.00 am the next working day after transmission.
9.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
9.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
10. Governing law and jurisdiction.
10.1 This LCD Buyback Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this LCD Buyback Contract to the exclusive jurisdiction of the English courts.