1. Scope & Changes
This 'Agreement' governs all sales and deployment of 'products' (devices or services) by the International Community for Educational Technology (ICEDT). By placing an order for us to deploy devices, or by accepting delivery of the products/services described on the order slip or invoice, you agree to be bound by and accept these terms and conditions of sale.
We may change the terms and conditions of this Agreement in our sole discretion by posting an updated version of these terms and conditions; provided, however, that the terms and condition of this Agreement in effect as of the date of an applicable order shall continue to govern such order and the products purchased thereunder.
2. Financing Organization
a) This devices deployment is financed by MonieSense SaveInvest Limited, our financing partner and they reserve the rights to:
i) contact the buyer in the event of delayed repayment or none repayment.
ii) invoke the clauses under section 6 (terms of payment) to pursue recovery of outstanding funds by all legal means possible.
3. Order Acceptance
a) Receiving an email or other order confirmation does not confirm the acceptance of your order or offer to sell.
b) We can refuse service or limit the quantity of any item without prior notice.
c) All orders are subject to review and acceptance. Provide accurate contact information, and we may verify it before accepting the order.
4. Order Cancellation
a) Orders fully or partially paid for and processed by ICEDT may not be cancelled by buyer.
b) Devices procured and delivered to buyer may not be cancelled or refunded.
c) Orders not partially or fully paid for by the buyer and processed by ICEDT within 72 hours may be released and termed expired. Buyer may be required to re-order the devices except the order is re-activated by ICEDT and requested by the buyer.
5. Prices
a) Orders are billed at the prices (in Naira) in effect at the time of delivery.
b) Prices are specified within our website or as stated on our order slip or invoice.
c) Prices are subject to change without notice.
d) Prices are exclusive of taxes, impositions and other charges, including: sales, use, excise, value added and similar taxes or charges imposed by any government authority.
6. Terms of Payment
a) All payments must be in Naira or will be converted to Naira using standard exchange rate at the time of purchase. MasterCard and VISA purchase cards and major bank debit cards are accepted and available to buyers.
b) If buyer is delinquent in its payment obligations, without prejudice to any other remedies available to it by law or in equity, ICEDT may demand immediate payment and at ICEDT’s option
(i) suspend all further deliveries to be made under the purchase order or any further performance under any other contract with buyer or buyer’s affiliates, in which event buyer shall not be released in any respect from its obligations to ICEDT under the purchase order;
(ii) recover all costs of collection including but not limited to reasonable attorneys’ fees;
(iii) recover and repossess the product for which payment has not been made;
(vi) charge interest at 5% per month on the past due amount; and
(vii) reassess the credit worthiness of buyer and change any current payment terms. Any discount from ICEDT's rates, if any, shall cease to apply to the delinquent invoice, buyer shall be invoiced for such differences in cost, and shall immediately pay the resulting invoice.
7. Taxes and Duties
a) Any taxes related to the products purchased are the responsibility of buyer (excluding taxes based on our net income),
b) Sales tax will be charged on product cost and shipping & handling where applicable and required by law. Any sales tax due that is not collected by us is the responsibility of the buyer.
8. Shipping Costs
Shipping charges will be paid by the buyer and added to the invoice or order unless specifically stated in the quote or order confirmation based on our practices or promotions.
9. Delivery and Title
a) ICEDT will make reasonable efforts to initiate shipment and schedule delivery as stipulated. Buyer acknowledges that delivery dates provided by ICEDT are estimates only and that we will not be liable for failure to deliver on such dates.
b) ICEDT reserves the right to make deliveries in installments. Delay in delivery of one installment will not entitle buyer to cancel any other installment(s). Delivery of any installment of products or devices within fourteen (14) days after the date requested will constitute a timely delivery. Delivery of a quantity that varies from the quantity specified shall not relieve buyer of the obligation to accept delivery and pay for the devices delivered.
c) Deliveries shall be made during normal business hours Monday through Friday. One attempt to deliver will be made. Should delivery need to be rescheduled, any additional costs incurred for redelivery will be charged to the buyer. ICEDT shall use reasonable efforts to make timely delivery but shall be excused from any delays arising out of causes beyond its reasonable control. Any specific delivery dates that may be stated are approximate.
d) If completion of delivery is prevented through no fault of ICEDT, we may specify a reasonable alternative place of delivery. Buyer agrees that all costs of storage and transport incurred following an initial attempt at delivery are hereby allocated to and imposed upon buyer, and shall be added to the sale price. Delivery may at any time be withheld by us pending payment of any sum due from the buyer to ICEDT.
10. Limited Warranty
a) Devices procured and delivered by us are warranteed for a period of one year or according to the warrantee issued by the manufacturer from time of delivery against defects in working or failure to operate as described under normal use. In some cases, The warranty period may extend to four years if ICEDT is in charge of ICT teaching and maintenance of the school ICT Lab.
11. Governing Law & Venue
a) All matters arising out of or relating to this agreement, or a breach thereof, are governed by and construed in accordance with the internal laws of the Federal Republic of Nigeria. without giving effect to any choice or conflict of law provision or rule (whether of the State of Lagos or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Lagos and Nigeria.
b) Any legal suit, action or proceeding arising out of or relating to this agreement, or a breach thereof, will be instituted in the federal or State courts located in the city of operation of ICEDT. Each party irrevocably submits to the exclusive jurisdiction of the courts in any legal suit, action or proceeding.