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Quartix Ltd. Terms and Conditions of Sale
PRICES AND PAYMENT TERMS
Prices are only valid if expressed in writing by Quartix and only for the quantity of Products and time period stated in its quotation or order confirmation. If not stated, the validity period is 30 days. Unless otherwise stated on Quartix’s order confirmation or invoice, payment of all invoiced amounts shall be made within 30 days of the date of invoice or before any due date for payment shown on the invoice. If any payment is not made by the Customer by the due date, Quartix reserves the right to charge interest at the rate of 4% above the Barclays Bank Plc base rate until payment is received in full. If it is agreed between the parties that payment is to be made by direct debit, then the Customer agrees to maintain a valid direct debit mandate with Quartix. An administration charge of £20 will be made in the case of each failed or cancelled direct debit in addition to interest charges. If the Customer agrees to lease or hire the Products from a third party such as a finance company, it is the Customer’s responsibility to ensure that all lease or hire agreements, payment guarantees, acceptance notes and initial payments are completed satisfactorily within 7 days of delivery. If the Customer fails to comply with this requirement or the 3rd party fails to pay Quartix within 30 days from delivery then Quartix shall invoice the Customer directly for the Products at its published prices and such invoice shall be payable by the Customer within 7 days.
Quartix may at its discretion, on an annual basis, increase any then-current prices as follows: the increased prices shall be calculated in line with the percentage increase in the UK RPI All Items Index (‘RPI’) as published by the Office for National Statistics, based on the year ending two months prior to the month of price increase. In no event shall this calculation result in a decrease in pricing.
Delivery and Installation
Title and Risk
INTELLECTUAL PROPERTY RIGHTS
Quartix retain all copyright, rights in inventions, rights in designs, database rights and other intellectual property rights in the Products and Services and the results of the Services. Nothing transfers or shall oblige Quartix to transfer to the Customer any such intellectual property rights, and all rights thereunder that are not expressly granted to the Customer in these Terms are reserved to Quartix. All intellectual property rights subsisting in the database accessible via the Services and each and every piece of information provided through the Services (the ‘Information’) is owned by Quartix or the providers of such information. The Customer may use Information retrieved from the Services only for his own purposes which means (without limitation) that the Customer may not sell, resell, retransmit or otherwise make the Information retrieved from the Services available in any manner or on any medium to any third party unless the Customer has obtained Quartix’s prior written consent. Quartix may use the Information, in an aggregated form, with data from other vehicles, to monitor road usage, provide information regarding traffic flow and journey times and to analyse general driving behaviour. This aggregated data, which shall contain no personal data or confidential information of the Customer, may be shared with or supplied to third parties by Quartix.
CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
Quartix’s Data Processing Terms and Customer Privacy Notice, covering Quartix’s processing of personal data, form part of these Terms and Conditions of Sale and are available from Quartix Data Processing Terms and Customer Privacy Notice respectively, or on request. In the event of any discrepancy between these Terms and either Quartix’s Data Processing Terms or the Customer Privacy Notice, these Terms shall take precedence.
REFUNDS AND CANCELLATIONS
Quartix’s Refund and Cancellation Policy, covering (amongst other things) the procedure for cancellation or termination, forms part of these Terms and Conditions of Sale and is available from Quartix Refund and Cancellation Policy or on request. In the event of any discrepancy between these Terms and the Refund and Cancellation Policy, these Terms shall take precedence.
To the extent permitted by law, Quartix reserves the right, in its sole discretion, to revise or modify these Terms and Conditions of Sale from time to time (including Quartix’s Data Processing Terms, Customer Privacy Notice and Refund and Cancellation Policy) without notice to the Customer, provided that in doing so it acts reasonably and any revisions or modifications do not materially change the overall substance of the agreement into which these Terms are incorporated. Such revision or modification shall take effect when posted onto Quartix’s website at the following addresses:
The Customer’s continued use of the Services shall constitute its acceptance of such revised or modified terms.
GOVERNING LAW AND JURISDICTION
Version 5 – 21/12/2021