1.1 In these terms:
"The Rack People" means The Rack People Limited (formerly Acousti Products Ltd) registered in England with number 4514007.
"The Rack People Material" means any documents, plans, drawings, specifications, details, data or other information provided by THE RACK PEOPLE to the Client relating to the Goods.
"User" means the person, firm or company either purchasing from THE RACK PEOPLE and/or using THE RACK PEOPLE products.
"Third Party Material" means any documents, plans, drawings, specifications, details, picture or any other record of information in any form provided by any other third party including our distributors or resellers.
"Goods" means the goods (including any instalment of the goods or any parts for them) which THE RACK PEOPLE is to supply in accordance with these Terms.
"IPR" include but are not limited to copyrights, patents, utility models, trademarks, design rights (whether registered or unregistered), database rights and proprietary information rights.
"Writing" and any similar expression, includes electronic mail, facsimile transmission and comparable means of communication.
1.2 A reference in these Terms to a provision of a statute shall be construed as a reference to that provision as amended, re enacted or extended at the relevant time.
1.3 The headings in these Terms are for convenience only and shall not affect their interpretation.
2.1 Any typographical, clerical or other error or omission in, any sales literature or any THE RACK PEOPLE Material or any Third Party Material shall be subject to correction without any liability on the part of THE RACK PEOPLE. Actual products may vary in appearance to those shown on this or a third party's website.
2.2 Unless otherwise agreed in Writing by THE RACK PEOPLE all specifications and particulars of the Goods submitted by THE RACK PEOPLE are approximate only and statements in relation to the same, samples, drawings, models, illustrations or other descriptive matter, whether contained in THE RACK PEOPLE's website(s), catalogues, price lists or otherwise shall be regarded as descriptions only and not binding as to detail. THE RACK PEOPLE reserves the right to amend, improve or otherwise change product specification without notice.
2.3 THE RACK PEOPLE reserves the right to make any changes in the specification of the Goods which are required to conform to any applicable statutory or E.U. requirements or, where the Goods are to be supplied to THE RACK PEOPLE's specification, which do not materially affect their quality or performance.
3.1 The property and other IPR in any THE RACK PEOPLE Material or anything produced or used by THE RACK PEOPLE shall vest solely with THE RACK PEOPLE and may not be reproduced except with the express written consent of THE RACK PEOPLE.
4.1 The USER is solely responsible for satisfying himself as to the suitability of the Goods for any particular purpose and the RESELLER or USER relies solely on his own skill and judgement and not THE RACK PEOPLE's skill and judgement in determining such suitability.
4.2 Except in respect of death or personal injury caused by THE RACK PEOPLE's negligence, or liability for defective products under the Consumer Protection Act 1987, THE RACK PEOPLE shall not be liable to the USER by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation, including data loss whatsoever (whether caused by the negligence of THE RACK PEOPLE, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply the Goods) or their use or resale by the USER.
4.3 No responsibility or liability can be borne by THE RACK PEOPLE for damage or loss incurred either directly or consequentially, including data loss, due to the following;
4.3.1 Incorrect product selection.
4.3.2 Installation of the Goods is at the USER's own risk. For the USER's own safety and to avoid damage to computer equipment, or any other equipment, we strongly recommend the USER read the installation instructions available on this website or supplied with the Goods before installation. If the USER has any doubt about their own ability to install the Goods then a qualified engineer should be employed to do the work.
4.3.3 The USER incorrectly fitting Goods so that they obstruct airflow, or are placed too close to components and not leaving reasonable and sufficient space for airflow and normal cooling. It is the responsibility of the USER to position the Goods appropriately to facilitate the normal functioning of other internal components in equipment.
4.3.4 Any modifications made to Goods by the USER without explicit written approval from THE RACK PEOPLE.
4.3.5 It is the USER’S responsibility to allow reasonable margin for delay in delivery. THE RACK PEOPLE shall not be held liable for any loss of profit, costs, expenses or other claims for compensation for installations or projects purported to rely on specific delivery dates being fulfilled by THE RACK PEOPLE. All delivery dates provided by THE RACK PEOPLE to the USER are on a best endeavours basis and are in no way guaranteed. On occasion when the delivery date does change, THE RACK PEOPLE will make every reasonable effort to notify the USER in advance although this cannot be guaranteed.
4.4 It is the USER'S responsibility to monitor their equipment after installation into our Goods to ensure the equipment is operating within normal parameters.
4.5 The USER must notify THE RACK PEOPLE if there is any problem, damage or inconsistency with the goods within 2 working days of delivery. After this time the USER will be deemed to have accepted the goods and THE RACK PEOPLE shall not be liable to the USER for damage, missing items or other inconsistencies and can reject any subsequent claims regarding such.
5.1 In the event of any claim by a USER regarding a product defective by reason of improper workmanship or materials within 12 months from supply by THE RACK PEOPLE, the replacement, repair or refund of goods will be made at THE RACK PEOPLE's sole discretion as to the suitability of the claim.
5.2 Any modifications, damage or adaptations made to Goods by the User will invalidate the warranty covering the Goods.
6.1 Full payment is required in advance for all purchases unless otherwise agreed. THE RACK PEOPLE reserves the right to decline acceptance of an order if THE RACK PEOPLE deem there is a good reason for doing so. For exports to addresses outside the UK, the total order charge made does not include any international customs and/or brokerage fees and the RESELLER or USER accepts responsibility to pay such charges including local sales taxes imposed by the country to which the goods are shipped.
6.2 Value-Added Tax (VAT) will be added to orders automatically if applicable and this amount will be calculated and shown on the invoice.
6.3 Invoices will normally be sent electronically and such transmission and receipt will be deemed legally binding as if they had been posted and delivered via the normal postal services.
6.4 Trade Credit may be given (or revoked without notice) at the sole discretion of THE RACK PEOPLE. For Trade Credit account customers, payment is due 30 days from the date of the invoice unless otherwise agreed. The USER agrees to pay promptly in accordance with these terms. Interest will become due on overdue accounts at NatWest Base rate plus 3% pa accruing on a daily basis.
6.5 Individual product prices do not include delivery and a delivery charge will be automatically added to each order placed.
6.6 Once an order has been placed (by way of Purchase Order, provision of a Purchase Order number, email instruction or other means) it will become non-cancellable. However, at the sole discretion of THE RACK PEOPLE cancellation of an order or return of goods may be accepted. This will incur a cancellation or restocking charge plus any additional charges incurred by THE RACK PEOPLE. If cancellation or return is accepted the normal minimum cancellation charge is 25% of the value of a confirmed order.
7.1 Notwithstanding delivery and passing of risk, property in and title to the goods shall remain with THE RACK PEOPLE until THE RACK PEOPLE has received payment of the full price of:
a) all Goods the subject of the Contract and
b) all other goods supplied by THE RACK PEOPLE to the USER under any contract whatsoever.
7.2 Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between THE RACK PEOPLE and the USER.
8.1 The ProTECHt 3 Year Warranty (WARRANTY) covers the rack(s) against manufacturing fault or defect for a period of three (3) years from the date of invoice of the product. This ProTECHt Warranty is guaranteed and underwritten by THE RACK PEOPLE.
8.2 Any modifications made to the rack(s) by the USER will automatically and immediately invalidate any remaining ProTECHt WARRANTY.
8.3 Any claims of faults or malfunctions arising from, or occurring after, any USER interference, normal wear & tear or USER damage will not be accepted.
8.4 ProTECHt WARRANTY relates only to the rack(s) itself and does not cover any peripheral equipment purchased with the rack including (but not limited to) UPS devices, Power distribution, environmental monitors etc
8.5 No responsibility or liability can be borne by THE RACK PEOPLE for damage or loss incurred either directly or consequentially, including data.
8.6 The replacement, repair or refund of goods will be made at THE RACK PEOPLE's sole discretion as to the suitability of the claim.
8.7 ProTECHt WARRANTY covers parts and postage. Faulty components will be replaced and dispatched to be fitted by the USER. Instructions to fit the parts will be provided where necessary and will not require any specific expertise. USERS fitting components supplied under the ProTECHt WARRANTY & correctly following fitting instructions will not invalidate any remaining WARRANTY as indicated in clause 1.2 & 1.3 above.
8.8 It is the USERS responsibility to provide any tools needed to remove and fit the components supplied. The minimum recommended tools are a selection of screwdrivers and a socket set.
8.9 Any replacement parts supplied under the ProTECHt WARRANTY will continue to be covered until the original expiration date and will not cause the WARRANTY to be extended or prolonged in any way.
8.10 Under rare circumstances ProTECHt Warranty will be suspended due to Force Majure. This includes but is not limited to entire batches of faulty components which would normally be replaced by the manufacturer responsible.
8.11 ProTECHt Warranty is only available to USERS within the UK.
8.12 Any contract held by THE RACK PEOPLE and another party and any provision of these Terms shall be governed by the laws of England, and the USER agrees to submit to the exclusive jurisdiction of the English courts.
9.1 The ProTECHt Environmental Temperature & Humidity Monitor (MONITOR) is to be used as an indicative aid only. It is the responsibility of the USER to ensure correct and safe running of any equipment and that manufacturers' environmental operating requirements are adhered to.
9.2 It is the responsibility of the USER to check and replace the battery when required and to ensure the MONITOR is installed in a safe and secure manner.
10.1 It is the responsibility of the USER to ensure proper maintenance on the Dust Filters is carried out in a timely manner.
10.2 Dust Filter Maintenance may include washing, vacuuming or replacing the dust filters at regular intervals depending on the rack in question.
10.2 Dust Filters do not entirely prevent dust getting into the cabinet to a small degree. This is unavoidable, however properly maintained Dust Filters will ensure dust does not enter in sufficient quantities to adversely affect the operation of any equipment inside.
11.1 If any provision of any contract held by THE RACK PEOPLE and another party or any provision of these Terms is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the contract and/or Terms and the remainder of the provision in question shall not be affected.
11.2 The Contracts (Rights of Third Parties) Act 1999 shall not apply in relation to any contract held by THE RACK PEOPLE and another party and/or any provision of these Terms.
11.3 Any contract held by THE RACK PEOPLE and another party and any provision of these Terms shall be governed by the laws of England, and the USER agrees to submit to the exclusive jurisdiction of the English courts.
11.4 By purchasing or using our products you are accepting the terms and conditions here set out.