General Terms and Conditions of Business
“BEAM”, “Onboard Technology Group”, “OTG” – We or us.
“Customer” – You and Your.
“Consumer” – Any person who buys goods from us for purposes which are outside of their trade, business or profession.
“Goods” – The hardware, software and platform (software-as-a-service) products sold or rented by us to you including packaging, manuals and any other ancillary components or documents.
“Conditions” – Means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by us.
Who we are
BEAM Onboard is a trading style of Mobile Onboard (Labs) Limited, The Portway Centre, 1 Old Sarum Park, Salisbury, Wiltshire, SP4 6EB, United Kingdom, a company registered in England with number 07291171.
Mobile Onboard (Labs) Limited is a wholly owned subsidiary of Onboard Technology Holdings Limited (“Onboard Technology Group”).
Our contact details
The conditions which apply to your purchase of goods from us:
The conditions in Part I apply to your purchase of goods from us whether you are a consumer or a business.
The conditions in Part II apply to your purchase of goods from us only if you are a consumer (i.e. not a business).
The conditions in Part III only apply to your purchase of goods from us if you are not a consumer (i.e. you are purchasing for use in your business).
Voluntary Code for the return of goods by you to us:
This code only applies as between you and us if you are a consumer. This code is intended to promote good relations between you and us. The code is entirely voluntary and does not affect your statutory rights.
In individual circumstances the provisions of the voluntary code may be more or less favourable to you than your statutory rights. You are free to withdraw from the operation of the code at any time and pursue your statutory rights. If you are in any doubt about your statutory rights you may wish to consult a solicitor or your local Citizens’ Advice Bureau.
We are under no obligation to refund the subscription fees in any circumstance. BEAMplus is a subscription-based support agreement with a duration of less than one month, and so it is not subject to any statutory right of cancellation, and is therefore non-refundable. The available policy schedule confirms this.
a) Making an agreement to purchase our goods
The market in the goods is such that the specification, description and price of individual goods can change.
The invitation to you to order goods from us is not an offer by us to sell to you goods of the specification and description at the price indicated.
Your order is an offer to us to buy the goods of the specification and description at the price indicated.
Wherever possible we will accept your order to buy the goods of the specification and description at the price indicated by e-mail and in which case there will be a concluded agreement between you and us.
Wherever it is not possible to accept your order to buy the goods of the specification and description at the price indicated we will advise you by e-mail and offer to sell you the goods of the specification and description at the price stated in the e-mail and will state the period for which the offer or the price remains valid.
You may accept our offer by e-mail within the period stated and in which case there will be a concluded agreement between us.
b) Delivery of the goods
The price of the goods does not include delivery by us to you, unless explicitly stated.
The costs of carriage and any insurance which you direct us to incur shall be reimbursed by you and shall be due on the date for payment of the price.
The goods shall be delivered by us to your address and the risk in the goods shall pass to you upon such delivery taking place.
You should note that our carrier requires immediate notice to be given of any loss or damage to goods and you should inspect the goods upon receipt and report any loss or damage to the carrier immediately.
Insofar as you report any transit damage to goods to us within 48 hours of delivery we will refund the price and carriage or replace the goods at no cost to you.
In respect of any transit damage to goods reported to us after 48 hours of delivery we shall require proof from you that the goods were damaged before receipt by you.
a) Payment and price
We shall not be bound to deliver the goods until you have paid for them. Payment shall be due when the agreement is made between us. Time for payment shall be of the essence.
The price due from you is the price indicated as inclusive of value added tax.
We will try to deliver the goods to you within the time estimated for delivery.
If we are unable to do so, we reserve the right to deliver them within 30 days beginning with the day after the day of the agreement between us.
If we are unable to deliver the goods to you within 30 days beginning with the day after the day of the agreement:
- we shall inform you by e-mail;
- we shall make a further offer to you by e-mail to sell you the goods of the specification and description at the price stated in the e-mail and will state the period for which the offer or the price remains valid;
- unless you accept the offer we will reimburse any sum paid by you or on your behalf under or in relation to the agreement within a period of 30 days beginning with the day after the day on which the time for delivery expired.
c) Your right of cancellation
- by a notice in writing which you leave at our address (given above);
- by a notice in writing which you send by post to our address (given above);
- by electronic mail to our electronic mail address (given above);
- you must return the goods to us at the address given above;
- the goods must be returned to us complete (please note the definition of goods given above);
- you are responsible for the cost of returning the goods to us at the address given above;
- you are under a duty to take reasonable care of the goods (including reusable packaging, manuals etc.) until they are returned to us;
- you are under a duty to take reasonable care to see that they are received by us and not damaged in transit;
- we will reimburse any sum paid by you or on your behalf under or in relation to the agreement including the costs of carriage and any insurance which you directed us to incur.
- we will charge you the direct costs to us of recovering any goods supplied by us if you fail to return the goods to us.
d) Our right of cancellation
e) Statutory rights
f) Guarantees and after sales service
g) Advice given by us to you
h) Your responsibilities
Voluntary Code for the return of goods by you to us
- we will nonetheless try to assist you in resolving the problem;
- depending upon the age and condition of the goods, we may be prepared to accept the return of the goods subject to a restocking charge and refund or credit the balance of the costs of the goods;
- insofar as the age or condition of the goods is such that we are unable to accept their return, we will redeliver the goods to you. You agree to pay to us the reasonable cost of re-delivering the goods to you.
a) Conditions applicable
b) Price and payment
- suspend or cancel deliveries of any articles due to you;
- and/or appropriate any payment made by you to such of the goods (or goods supplied under any other contract with you) as we may in our sole discretion think fit.
c) No set off
d) Delivery and non-delivery of goods
e) Retention of title by us
- you have paid the price plus value added tax in full; and
- no other sums whatever shall be due from you to us.