Terms and Conditions – Bluhuski

Bluhuski Covert Technology Limited

ESA Risk Ltd (ESA Risk) is an official reseller for Bluhuski Covert Technology Limited (Bluhuski). As such, some of the terms and conditions outlined below relate to your relationship with Bluhuski as a consumer of their products, and some relate to your relationship with ESA Risk as a purchaser of goods, services or subscriptions through the ESA Risk Store.

Disclaimer

GPS Tracking Devices are supplied on the understanding that data is provided with no warranties, or guarantees, expressed or implied, concerning data accuracy, completeness, reliability or suitability. ESA Risk and Bluhuski shall not be held responsible, or be liable regardless of the cause or duration, for any errors, inaccuracies, omissions or other defects in or anomalies or the untimeliness or un-authenticity of the data or for any delay or interruption in the transmission thereof to the user or for any claims or losses arising therefrom or occasioned thereby. The end user assumes and accepts the entire risk as to the quality, and quantity of the data. This applies to any Tracking Device and Tracking Panel that is in use as it must be understood and accepted that GPS devices and data can be affected by influences beyond the control of Bluhuski such as weather, topography, position and installation point. Also, Bluhuski cannot be held responsible and accept no liability if there is any kind of “Outage”, breakdown, loss of signal that is connected to any land or mobile telephone company or provider and the same applies to satellites and their controllers.

Terms and Conditions

By placing an order with us it is assumed you have read, accepted and agreed to be bound by these terms unless agreed otherwise in writing. The purchaser of any devices or credits from ESA Risk has the responsibility to comply with the law and it is their sole responsibility to educate themselves accordingly. Under NO circumstances shall ESA Risk or Bluhuski be held liable or responsible for any direct, indirect, special, consequential or incidental damages resulting from the inability to use, misuse, or use any product purchased from Bluhuski. By submitting an order, the purchaser represents, and accepts, they he or she will use the device acquired in a responsible and lawful manner and that they will not violate an individuals rights.

Definitions

“The company”, “our”, “us” and “we” refers to the seller whose trading style appears on your order and invoice. “The customer”, “the purchaser”, “you” and “your” refers to the original company, organisation or individual who purchases goods and/or services directly from us or anyone acting for or on behalf of any such purchaser. “Consumer” refers to any person who is acting for purposes which are outside his trade, business or profession. In all cases, for “he” read “he or she”.

General

These conditions are in place of and exclude all other representations, warranties and conditions except as implied by statute and in particular the purchaser acknowledges that he has relied solely upon his own inspection and skill and judgement and not by reason of any representation by the company. In the absence of a written order from the purchaser, the company’s internal order will constitute the basis of the agreement. Unless expressly accepted in writing by the company any variations of or additions to these conditions in a purchaser’s order or order form will be deemed to be inapplicable. We may, from time to time, change some or all of the terms of this Agreement. The terms which will apply to you are those which appear on our website on the date which you order from us (your ‘order’). It is assumed that by placing an order you have read these terms and condition and totally agree with their entirety. You should print out and retain a copy of those terms at the time at which you send us your order.

The Order

Descriptive and clerical errors are subject to correction. Orders must be placed by the issue of a valid purchase order or other written communication. Bluhuski Ltd reserve the right not to accept any customer order. We will treat your order as an offer to buy and except for retail or mail order sales we will send you an email to confirm receipt of your offer. This email this does not mean that your offer has been accepted. Certain products and offers may only be available to qualifying customers, for example in particular geographical areas.

Prices & Quotations

All prices quoted on our site exclude carriage costs which will be added to your order during the checkout process.  VAT, where applicable, will be added to the cost of the products at the appropriate rate. Unless explicitly requested, method of carriage will be at our discretion. Any costs omitted or corrections on your invoice will be invoiced / credited later. Please notify us promptly if you are not billed the correct amount and we will correct the error. All advertised/advised/published pricing is subject to change at any time without notice due to market/currency fluctuations and other factors. If a price has changed, we will advise before proceeding with an order if you have specified a different price on your order. All quotations are subject to withdrawal or reasonable variation by the company at any time prior to firm acceptance of an order. No order given to the company based upon a quotation shall be binding upon the company until accepted by the company in writing. The company reserves the right to correct any error or omission or quotation or invoice without prior notice.

Payment

We accept payment by most major credit / debit cards. We reserve the right not to dispatch goods until funds have cleared. All costs, charges and expenses incurred by us in recovering any debt shall be paid by you.

Assignment

We reserve the right to transfer any debt to us or other elements of our contract with you, or other liabilities in part or whole to a third party.

Credit Checking & Validity

We reserve the right to liaise with credit reference and other agencies with regard to your status and submit information accordingly and in line with relevant legislation.

Retention of Title

All goods remain our property until such a time as they have been paid in full. Goods supplied may not be resold by you until they have been paid for in full, unless the new purchaser is made aware that title remains with us until we have been paid in full.

Delivery & Acceptance

In most cases, unless agreed otherwise, we dispatch using our preferred carrier.

Standard UK Delivery is normally made within five working days, but no absolute guarantee can be given of this or any other delivery times. “Working day” is considered to be Monday to Friday, excluding holidays or any other day on which our offices are closed. Deliveries may be made any time between 9.00 and 18.00. Our standard delivery service covers most parts of mainland UK. It is essential that someone will be at the delivery address to receive and sign for the goods. You must inspect goods supplied as soon as practicable after delivery and notify us within a reasonable period of time of delivery any alleged defect or failure to comply with the description of the goods. The goods are at your risk from the time of delivery and no liability will be accepted by us for damage or loss to the products after the time that the delivery document stating that the goods were received has been signed. Failing such notice you will be deemed to have accepted the products and it shall be conclusively presumed that the products are in accordance with the contract and free from any defect or damage, which would be apparent on examination.

For most products, we can offer delivery outside of the UK. Please contact us to obtain a delivery fee quote if your shipping address is outside of the UK.

Transit Damage

Goods obviously damaged in transit must be notified to us within 48 hours of receipt. You are advised to keep all packaging as that may be required in the event of a claim.

Returns

This policy does not affect your statutory rights.

Refunds and Returns Policy

1. This policy sets out the returns policy for goods or services purchased through the online store operated by ESA Risk Ltd.
2. To be eligible for a return, your item must be unused and in the same condition that you received it, and it must be in the original packaging.
3. Top up credits are not refundable or transferable.
4. Other types of services cannot be returned for a refund, for example where the service begins as soon as you make the payment (e.g. a downloadable software product) or a gift card or gift wrapping service.
5. Under the Consumer Contracts Regulations, if you change your mind about a purchase you have made within seven working days after the date of delivery, you are entitled to a full refund of the original purchase price for the goods or services you wish to return, and the original postage and packaging charges made. You will not be entitled to a refund of the cost you incur in returning the item to us.
6. Our standard returns policy entitles you to a full refund of the purchase price and postage and packaging charges if you change your mind (i.e. the goods or services provided are not faulty or were not described properly) within seven working days.
7. If the item you purchased was faulty or did not work properly, or you think the item was not as described in the item description, please contact us first before requesting a refund as we may be able to resolve your problem to your satisfaction.
8. Where you would like to return a physical product you have purchased, please contact us to let us know that you will be returning the item. To obtain a refund for a non-physical product (like a service) please contact us for further information about how this can be done.
9. Once your return is received and inspected we’ll contact you to let you know whether your refund will be processed or not, and credit your original method of payment, within a certain amount of days.
10. If you haven’t received a refund yet where we have told you we have issued one, please check your bank account or card statement to make sure it hasn’t been received and then contact your bank as some banks or card companies take a number of days to credit your account.
11. If an item you purchased was purchased with a discount voucher, then we will only refund the amount that you paid (and not the amount the item was listed for).
12. If an item you purchased was in a sale then it may not be eligible for a refund if you have changed your mind. If you are in any doubt please contact us before making the purchase.

Warranty

Bluhuski Covert Technology Limited warrants to the original purchaser that this product shall be free from significant defects in material and workmanship for 12 months beginning on the date of purchase as shown on your receipt. Should the product need to be returned it must be sent directly back to the original place of purchase to be processed. Proof of purchase must accompany the returned product. Products must be returned by signed delivery in suitable protective packaging. This warranty does not apply to any product that has been subject to abuse, misuse, negligence, tampering or has been modified in any way or any device that has been left out of Credits for three months or more or has not been operated for three months or more and allowed to give a Position Report and update. Without prejudice to your rights Bluhuski Covert Technology Limited may replace a defective product or issue a credit note against future purchases. No other warranties, express or implied are made. Bluhuski Covert Technology Limitedd  shall not be liable for any special, incidental or consequential damages whether or not the purpose for which you purchased the product was made known to Bluhuski Covert Technology Limited, the retailer or otherwise. Your statutory rights are not affected in any way.

Goods Suitability

It is your responsibility to ensure that the correct goods and correct model are ordered for your purposes. In some circumstances, the capability we specify and advertise of the product may not match that of our published specifications elsewhere, often due to international variations. Please, therefore, refer to our site for the specification. This may also apply to specifications listed within any packaging and user guide/manuals supplied which may not apply to your particular product, either due to product development, varying models, specification change or local variations.

It is your responsibility to be aware that GPS tracking Unlimited Credits expire on a given date, any unused PAYG Credits will expire 12 months after purchase date. It is your responsibility to ensure that each GPS tracking device is operated at least once every three months otherwise the device SIM may be cancelled. The Customer agrees that if their device has not been used for three continuous months, or has been out of credits for more than three months, the SIM Card may automatically be cancelled, therefore it is crucial that you ensure that the Credit Package you order is the correct package for your needs to be able to comply with the requirede update procedure of activating the device every three months so it can report a position and update.

Limitation of Liability

To the fullest extent permissible by law, ESA Risk and Bluhuski will not be liable for damages arising out of or in connection with the provision of products and/or services or the use of our sites. Whilst this is a comprehensive limitation of liability applying to any and all losses, damages or costs of any kind including (without limitation) direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties, we do not limit our liability if death or personal injury results from our negligence.

Force Majeure

Whilst we will use our reasonable endeavours to complete our obligations under this agreement, we will not be liable to you or be deemed to be in breach of this agreement if we need to cancel this agreement due to our inability to secure labour, materials or supplies or as a result of any act of God, war, strike or other labour dispute, fire, flood, drought, legislation, criminal damage, equipment or technical failures, including the unavailability of third party telecommunications, services, lines or other equipment, or other causes beyond our control.

Governing Law / Jurisdiction

This Agreement will be governed by and construed in all respects in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

ESA Risk Ltd sells products to the purchaser on the contractual understanding that neither the whole or part of any of the technology which has been developed within any Bluhuski products will be used on or incorporated in, whether in total or as part of any other product in the field of RFID or GPS save by agreement by an authorised employee of Bluhuski and then only as specified by a written agreement or licence to do so.