Terms and Conditions of Sale
All quotations will be honoured for a period of 30 days, errors and omissions excepted. If you would like a quotation, please email email@example.com or call +44 (0) 1684 578 868.
Acceptance of orders
We accept orders in written form by post, fax, or email. Official orders from statutory bodies are accepted with an official order number. Orders from businesses and charities are accepted on the basis of their credit agreement with us. Orders from individuals are accepted with the return of a VAT exemption form (if needed), along with payment in full by credit card or cheque.
The VAT exemption form is available at www.thinksmartbox.com/where-to-buy/pricing
All goods remain the property of Smartbox Assistive Technology Ltd until paid for in full.
Configuration of the Goods
Where requested by you in your order, we will install software and configure the goods and software included in your order (Configuration Services). You must supply us promptly upon request with such information and data as we reasonably require in order to perform the Configuration Services. If you do not do so, we will deliver the goods with a default configuration, and this will not affect your obligation to pay us in full.
By placing an order or requesting an RMA (Return Material Authorisation), trial, loan, or rental, with us, you irrevocably appoint us to act as your agent to:
- enter into and accept the terms of any end user licence agreements (“EULA”) and other software licences as required including populating any fields and supplying any information provided by you to allows us to provide the Configuration Services;
- configure any software installed on the product;
Where you are acting on behalf of a third party or a third party is to be the licensee under any EULA or software licence, you warrant that you have obtained all necessary consents and authority from that third party to appoint us as that third party’s agent and permit us to use the information they have provided in order to provide the Configuration Services.
Save in relation to any software developed and licensed by us, it is expressly acknowledged that we are not the developer or licensor of the software and that accordingly the terms of the licence is a matter strictly between the relevant licensor and you. We are not required and shall not review the terms of any licence, negotiate them, advise, or report on the terms of them to you. You shall ensure that the terms of each EULA are satisfactory and make yourself aware of any changes to any terms of a EULA that may be imposed by a licensor from time to time.
You shall indemnify us against any claim or action brought against us as a result of any activities carried out by us as your agent, or as a result of your breach of this clause and the warranties in it.
Unless agreed otherwise, when providing the Configuration Services, we shall configure the goods and software as we see fit using the privacy settings we select. We will use our reasonable endeavours to select high privacy settings and (to the extent such a function exists) turn off any data sharing obligations. You shall be under no restriction from altering these settings as you see fit.
For all stocked and bespoke items, Smartbox aim to complete delivery within 20 working days (4 weeks). Please note that some parts supplied by 3rd parties may take longer to be delivered.
If you have faulty equipment, please contact our Support or Repairs Team using the details on our website Support – Smartbox Hub (thinksmartbox.com). If we cannot resolve your issue remotely you will need to complete an online RMA form (Repairs – Smartbox Hub (thinksmartbox.com)) with the details of the equipment and the reason for return. If a repair is required, you will be issued with a Return Material Authorisation (RMA) number.
Cancelation of your order
You may cancel your order at any time before shipment for a full refund. Thereafter, please refer to our refunds policy.
If for any reason you are unhappy with your Smartbox order, you can return it to us undamaged within 14 days of delivery for a full refund. To arrange a refund, please contact us.
Refunds of digital goods and computer software
If you are having an issue with computer software or other digital goods, please contact us within 14 days. If you have purchased a licence key, you will need access to the device the licence key has been activated on.
If you purchased our software from another vendor, for example the Apple App Store, you would need to contact them directly.
We are proud of our reputation and hope that you will never have reason to be dissatisfied. If you are unhappy with any of our products, or the service you have received, please contact us as soon as possible.
Products from Smartbox Assistive Technology Ltd come with a two-year warranty from the date of dispatch against any defective materials or workmanship. This warranty does not relate to any ongoing support or maintenance in respect of any software on the goods.
With SmartCare, you can upgrade from the standard warranty to a comprehensive support package for up to five years from the date of purchase. The additional cover includes protection against one instance of accidental damage per year and a swap out device if a repair is required.
More information on SmartCare and the terms and conditions are available on our website at www.thinksmartbox.com/where-to-buy/smartcare.
|Unlimited support by phone, email, online/live website chat, remote troubleshooting Smart Support – thinksmartbox.com||Y||Y|
|Free repair of one incident of accidental damage per year||x||Y *|
|Battery and charger protection**||x||Y|
|Courtesy loan||Y ***||Y|
|Smartbox cover all shipping costs (UK and Ire) when in warranty||Y||Y|
|Repair Warranty (3 months)||Y||Y|
|Faults relating to normal and/or intended use ****||x||Y|
|Damage/fault caused by deliberate misuse or damage by liquid||x||x|
|3rd party software or hardware||x||x|
* Chargers are not included in the one accidental repair per year as these are covered by battery and charger protection included with Smartcare
Other accessories, including keyguards, remote power button, and repairs with a parts cost less than £100) will be covered by SmartCare and not count towards the one accidental damage repair per year.
Battery and charger protection **
Standard Warranty – The replacement of any faulty batteries (only if that battery has complete failure or less than 30 minutes battery life) and chargers.
SmartCare – The replacement of any faulty batteries (where battery capacity has degraded >30% p.a. measured by Windows batteryreport) and chargers.
*** 4.2; c) Where possible the supply of a free courtesy loan device whilst your repair is being completed
**** Superficial faults including scratches or dents are not covered by the SmartCare “free repair of one incident of accidental damage per year”.
*****Our goal is to return your device to you fully working and as close as possible to your setup before the RMA was required. Smartbox will take reasonable means to retrieve any lost data during the RMA process however this may not always be successful.
Orders from individuals or charities may qualify for VAT exemption. Please complete and sign the VAT Exemption form and return it to us at the address below – marked for accounts.
The VAT exemption form is available at www.thinksmartbox.com/where-to-buy/pricing
Orders from statutory bodies are accepted with an official purchase order. Please send your purchase order to firstname.lastname@example.org
Rentals – UK and Ireland only
Rentals are initially for a period of three months. A rental may be ended at any time and a pro-rata refund will be made.
- At the end of the initial rental period, the equipment rental may be renewed for a further three months. There is no limit to the amount of time our devices can be rented for.
- The equipment may be purchased at any time. If the system is purchased within the first 3 months of renting, you will get the cost of the rental deducted from the purchase price.
- If the rental is purchased after the initial three-month period, you will receive a deduction of 50% of the total rental costs paid from the purchase price.
- All rental systems come complete with Smartbox software and resources.
- All rental equipment will be in full working order and is normally brand new. Where new equipment is supplied, it will be kept by the user if purchased. If refurbished equipment is supplied, it will be replaced with a new unit if purchased.
- Demonstration versions of paid-for grid sets, and extra symbol libraries will be installed and will run for 60 days.
- Any paid-for resources (such as grid sets or alternative voices) can be added to a rental device. These items will be added to the invoice if you choose to purchase the device.
Limitation of liability- Business Customers
This section only applies to you if you are a business customer.
The Supplier shall not be liable for any delay in the performance of the Services.
We have no liability to you in respect of any software whether due to a defect, failure to perform or otherwise howsoever arising.
The extent of our liability under or in connection with these terms or any agreement with you (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation), shall not exceed the sum of £1,000.
We shall not be liable for consequential, indirect, or special losses.
We shall not be liable for any of the following (whether direct or indirect):
- loss of profit;
- loss of data;
- loss of use;
- loss of production;
- loss of contract;
- loss of opportunity;
- loss of savings, discount or rebate (whether actual or anticipated);
- harm to reputation or loss of goodwill.
Notwithstanding any other provision of these terms, the liability of the parties shall not be limited in any way in respect of the following: death or personal injury caused by negligence, fraud or fraudulent misrepresentation any other losses which cannot be excluded or limited by applicable law.
Limitation of liability – Consumers
This section only applies to you if you are a consumer.
If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur, or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
Governing law & Jurisdiction
All quotations, orders and contracts formed which incorporate these terms and any dispute or claim arising out of, or in connection with, them shall be governed by, and construed in accordance with, the laws of England and Wales.
The parties irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Agreement, its subject matter or formation (including non-contractual disputes or claims).
The information contained in this website is for general information purposes only. The information is provided by Smartbox Assistive Technology Ltd and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Smartbox Assistive Technology We have no control over the nature, content, and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Smartbox Assistive Technology Ltd takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
This website and its content are copyright of Smartbox Assistive Technology Ltd – © Smartbox Assistive Technology Ltd 2023 All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- you may print or download to a local hard disk extracts for your personal and non-commercial use only.
- you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
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