Our Terms and Conditions of Business
1. Definitions
“Company” means Stream Team, a trading division of the Jack Adkins Ltd. (registered Number 02612044, registered office, 1 Midlands Drive, Sutton Coldfield, B72 1TU) or its permitted assigns.
“Conditions" means these terms and conditions.
"Contract" means any contract between the Company and the Customer for the sole and purchase of Supplies.
"Customer" means the person(s) or company whose order for Supplies accepted by the Company.
'Goods" means any goods supplied or to be supplied by the Company to the Customer.
"Services" means any services supplied or to be supplied by the Company to the Customer.
"Supplies" means any Goods or Service.
"In writing" includes electronic communication including email and fax.
"Viewing Facility" means the location of stream to be encoded.
2. Conditions
All orders ore accepted by the Company subject to and in accordance with these Conditions. These Conditions override and exclude any terms or conditions or referred to in any negotiations or dealings between the Company and the Customer or set out in the Customer's standard terms and conditions. If there is any conflict between:
- the other provisions of the deal and these Conditions, or
- the provisions of the order and these Conditions
These Conditions will prevail unless the Company agrees otherwise in writing together with any terms accepted by the Company in connection with on order.
These Conditions constitute the entire agreement between the Company and the customer in relation to the order.
No variation to these conditions is permitted unless expressly authorised in writing by a director of the Company
3. Prices
All prices are in Pounds Sterling (£) and exclusive of VAT which will be added at time of invoice. For the price of a standard stream from a viewing facility, please ask
4. Payment
The Stream Team will invoice the client directly or the facility directly, this information will come from the booking form, client details must be passed to us by the Viewing Facility so invoicing can take place, purchase/project/order numbers must be taken to speed up the invoice payment.
5. Orders
The Company reserve the right to decline to trade with any company or person.
Orders for Goods are accepted by the Company by despatching the Goods provided, however, that despatch will not be accepted where the price for the Supplier has been incorrectly quoted or referenced by the Customer in their Order.
6. Delivery
Save as set out below, the Company will endeavour to dispatch Streamers when needed before 6pm Monday to Friday. Such deliveries are usually offered free of charge but may be subject to a Delivery Charge for delivered to remote and/or difficult to access areas.
Delivery will be made to address specified by the facility.
The company may use any method of delivery available to it. The company will make reasonable endeavours to meet delivery estimates but in no circumstances shall it be liable to compensate the Customer for non-delivery, non-performance or late delivery or performance.
Time for delivery will not be of the essence.
7. Inspection, defects and non delivery
The Customer must inspect the Supplies as soon as is reasonably possible after delivery. In the case of Service and performance and, except where set out below, the Company shall not be liable for any defect in the Supplies unless notice has been given to the Company with 7 days of such date. The Company does not include software comprised with Goods. All reasonable steps are taken to ensure software is functional at time of delivery.
The quantity of any consignments of Goods, as recorded by the Company upon despatch from the Company's place of business shall be conclusive evidence of the quantity received by the Customer unless the Customer can provide conclusive evidence to the contrary. The company will not be liable for any non delivery of Goods or non performance of services, unless written notice is given to the company within 7 days of the date when Goods should have been delivered.
8. Descriptions
All specifications, drawings, illustrations, descriptions and particulars of weights, dimensions, capacity or other details, including any statements as to compliance with legislation or regulation (together, "Descriptions") wherever they appear (including without limitation, on despatch notes, invoices or packaging) are intended to give a general idea of the Supplies, but will not form part of the Contract If the Descriptions of any Goods differ from the manufacturer’s description, the latter shall be deemed to be correct. The Company shall take all reasonable steps to ensure the accuracy of descriptions but relies on such information, if any, as may have been provided to it by its suppliers and accepts no liability in contract or tort or under statute or otherwise for any error or omission in such detail whether caused by the Company's negligence or otherwise. The Company may make changes to the Supplies as part of a continuous programme of improvement or to comply with legislation Without prejudice to this condition. Customers are recommended to contact us for the latest Descriptions of the Goods, in (but without limitation) with regard to statements regarding RoHS. All components within Stream in a Bag are RoHS compliant.
9. Risk and ownership
The risk of damage to or loss of Goods will pass to the Customer when the Goods are unloaded from the Company’s carriers at the Customer's premises. Ownership of the Goods shall not pass to the Customer. The Customer must hold the Goods on a fiduciary basis as the Company’s bailee. If payment is not received in full by the due date, or the Customer posses a resolution for winding up or a court shall make an order to that effect, or a receiver is appointed over any assets or the undertaking of the Customer or an execution or distress is levied against the Customer, the Company shall be entitled, without previous notice, to retake possession of the Goods and for that purpose to enter upon any premises occupied or owned by the Customer. These Goods remain at all times the sole and exclusive property of the Company.
10. Quality assurance
All Goods have been processed in strict accordance with standard quality procedures approved to BS EN IS0 9001:2000, unless indicated otherwise on the despatch documentation. Further details can be obtained from our telephone office at any time.
11. Performance and fitness for purpose
Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by a director of the Company in writing, the Company accepts no liability for any failure of the Supplies to comply with such criteria, whether attributable to the Company’s negligence or otherwise. The responsibility for ensuring that Supplies are sufficient and suitable for a particular purpose is the Customer's, unless specifically stated in by a director of the Company any advice or recommendation given by an employee of the Company which is not confirmed in writing by a director of the Company is acted on entirely at the Customer's risk and the Company shall not be liable for any such advice or recommendation which is not so confirmed. All streams are subject to an internet connection, mobile, wireless, Ethernet or any other method, bandwidth can affect the quality of streams being transmitted and may affect the viewing experience. We are not responsible for loss of mobile signal, wireless internet connection, wired internet connection or other connection back to our servers.
12. Warranty/Guarantee/Insurance
All Goods are to be covered by Global Insurance which will ensure that SiaB will be insured against accidental loss or damage wherever it may be used. All contents are warranted against defect. All Goods ore supplied with manufacturer’s or Company guarantee. It is the Customer's responsibility to check at the time of purchase as to the applicability of the Company's guarantee and/or the terms of any manufacturer's guarantee. Where the Company's guarantee is provided the Company will, free of charge, repair or, at the Company's option, replace Goods Software programs are supplied on the strict understanding that the Company does not warrant their functionality be free from defects or error. Any obligation will not apply: -
- If the defect arises because the Customer has altered or repaired such Goods without the written consent of the Company.
- Because the Customer didn’t follow the instructions for storage, usage, installation, use or maintenance of the Goods.
- If the Customer has failed to notify the Company of any defects in accordance with condition 7 where the defect should have been reasonably apparent on reasonable inspection The Customer grants to the Company and their employees, agents and representatives a right to enter onto premises to repair or replacement under this Section 13. The Customer shall ensure that the Company’s employees agents and representatives are provided with a safe and secure working environment while at its premises and the Customer shall be responsible for isolating equipment requiring repair or replacement from the network and make backup copies of any required information on such computers before the Company's arrival on site.
Stream in a Bag and its Terms of Service
13. Liability
The Company does not exclude its liability to the Customer:
For personal injury or death arising as a result of the Company’s negligence,
For any matter which it would be illegal for the Company to exclude or to attempt to exclude its liability or;
For fraud, including fraudulent misrepresentation
Except as provided in Condition 7 (inspection of defects on delivery and non-delivery), (performance and fitness for purpose], and (Warranty and Guarantee) and this Condition 14 above, theCompany will be under no obligation to the Customer whatsoever (whether in contract, tort, (including negligence) breach of statutory duty, restitution or otherwise, for any injury, death, damage or direct or indirect or consequential loss all of which terms Include, without limitation, pure economic loss, loss of profits, loss of business, loss of use, loss of data, computer down time, depletion of goodwill, business interruption increased purchasing or manufacturing costs, loss of opportunity loss of contracts and like loss) howsoever caused or arising out of or in connection with:
- Any of the Supplies, or the manufacture, sale, performance or supply or failure or delay in performance or supply of the Supplies by the Company or on part of the Company's employees, agents or sub-contractors
- Any breach by the Company of any of the express or implied terms of the Contract
- Any use made or resale or on-supply of any of the Supplies or any product incorporating any of the Goods or developed using the Supplies
- Any acts or omissions of the Company at the Customer's premises
- Any statement made or not made or advice given or not given by or on behalf of the Company, or
- Otherwise under the Contract
And the Company hereby excludes to the fullest extent permissible at law all conditions, warranties and stipulations, express (other than those set out in these conditions or given In accordance with condition 12 or implied, statutory, customary or otherwise which but for such exclusion, would or might subsist in favour of the Customer
Save as set out in condition 14(ii) the Company's total liability in contract, tort, (including negligence), breach of statutory duty, misrepresentation or otherwise shall be limited to repairing or replacing Goods.
14. Intellectual property rights
The Supplies may be subject to the intellectual and industrial property rights including patents, know-how, trademarks, copyright, design rights, utility rights, database rights and or other rights of third parties. No right or licence is granted to the Customer, except the rights to use the supplies. The Company shall have no liability whatsoever in the event of any claim of infringement of any such rights howsoever arising in particular without limiting the above, title to any software forming part of the Goods is reserved to the Company. The customer is responsible or informing itself of the terms. Such programs may be used only with the Goods. The Company owns full copyright in respect of Goods and its reproduction in whole or part is strictly prohibited.
15. Use of personal data
"Personal Data" means, In relation to any Customer, or any representative of a Customer who is (in either case) a living individual, any data from which (whether alone or in combination with other information held by the Company) the Company can identify that Customer or that representative regardless of how and when that data is provided. The Company may process Personal Data for all purposes contemplated in these Conditions.
Arising in the context of the relationship between the Company and the Customer including
- Deciding whether to enter into any contract or arrangement with that Customer. This may include conducting credit reference searches, against Customer or its representatives and the disclosure of information on the relevant agency as to how that Customer conducts its account and other antifraud or identity checks
- Order fulfilment, administration customer service, profiling the Customer's usage preferences, and to help to review, develop and improve the Company's business and the goods and services it offers.
- Crime prevention or detection
The processing of the Personal Data may involve
- The disclosure of that Personal Data to the Company's service providers and agents
- The use of the data for the purposes of the research and to invite external Customers to view research as agreed to by Customer
16. Promotion
In the event that the Company sends promotional material to the Customer in relation to goods or services available from the Company, these Conditions shall apply to all Supplies purchased from such material.
17. Country of origin
Unless otherwise stated by the Company in writing, nothing comprising SiaB is to be taken as representation of the source of origin, manufacturer or production of the Goods or any part of them.
18. Export
Separate Conditions of Supply apply to export transactions and are available on request from the Company's export department. The Customer is responsible at his own expense for obtaining any licence and complying with any export regulations in force within the United Kingdom and in the country for which the Goods ordered. The Company reserves the right not to supply certain customers or countries and to require both the Customer full details of the end use and the final destination of the Goods.
19. Medical and life support applications
Whilst SiaB can be used in any location where an internet connection is available, use is near certain medical and life support applications may interference or other unknown outcomes, it is therefore imperative that appropriate checks are made.
20. Euro
In the event that the UK changes to a single unified European current (known as the Euro or otherwise), or agrees to the fixing of conversion rates between European Union member states, it will not have the effect of altering any term, or discharging or excusing performance under a Contract.
21. Force majeure
The Company shall not be liable to the Customer in any manner or be deemed to be In breach of these conditions because of any delay in performance or any failure to perform any of the Company's obligations under this contact if the delay or failure was due to any cause beyond the Company's reasonable control (which shall Include, but not be limited to government actions, war, fire, explosion, flood, import or export regulations or embargoes, labour disputes or inability to obtain or a delay In obtaining supplies of Goods or labour) The Company may, at its option, delay the performance of, or cancel the whole or any part of a Contract.
22. Recording of communications
The Company reserves the right to monitor and record telephone calls, emails, streams and may monitor or intercept all or other electronic communications made to its premises for training, security and quality purposes Customers contacting the Stream Team shall have been deemed to have read and accepted this provision.
23. Legal construction
All Contracts shall be governed by and interpreted in accordance with English law and the Customer submits to the jurisdiction of the English Courts, but the Company may enforce such Contract in any court of competent jurisdiction.
24. General
Any provision of these Conditions of Supply which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable (in whole or in part) shall to the extent of such invalidity, voidness, voidability or unenforceability or unreasonableness be deemed severable and the other revisions of these Conditions of Supply and the remainder of such provision shall not be affected. Failure by the Company to enforce or partially enforce any provision of these Conditions of Supply will not be constrained as a waiver of any rights under these Conditions of Supply.
The Company shall be entitled, without the consent of or notice to the Customer, to assign the benefit, subject to the burden, of these Conditions and/or any Contrad to any company in its group (as defined in section 53(1) of the Companies Ad 1989) at any time. Except as set out in earlier conditions, the parties to the Contract do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Ad 1999 by any person not a party to it.
