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 not. The conditions in Part II apply to you purchase of goods from us
only if you are a consumer.
The conditions in Part III only apply to your
purchase of goods from us if you are not a consumer.
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.
IMPORTANT:
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.
PART I
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 include delivery by us to
you on mainland UK only.
• The costs of carriage and any insurance
which you direct us to incur shall be reimbursed by you in addition
to our normal delivery.
• 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 damage to goods
to us within 48 hours of delivery we will replace the goods
at no cost to you.
• In respect of any 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.
PART II
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. The price due from you is the price indicated
as inclusive of value added tax if applicable.
b) Delivery
• 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:
1. we shall inform you by e-mail ;
2. 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 ;
3. 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
• You have a right to cancel the agreement
at any time before the expiry of a period of 28 working days
beginning with the day after the day on which you receive the
goods.
• You may cancel by giving us notice in
any of the following ways:
1. by a notice in writing which you leave at
our address (given above);
2. by a notice in writing which you send by post to our address
(given above);
3. by facsimile to our business facsimile number (given above);
4. by electronic mail to our electronic mail address (given
above);
and the notice shall operate to cancel the agreement
between us.
• If you cancel the agreement :
1. you must return the goods to us at the address given above
;
2. the goods must be returned to us complete (please note the
definition of goods given above) ;
3. you are responsible for the cost of returning the goods to
us at the address given above ;
4. you are under a duty to take reasonable care of the goods
(including reusable packaging, manuals etc) until they are returned
to us ;
5. you are under a duty to take reasonable care to see that
they are received by us and not damaged in transit ;
6. we will reimburse any sum paid by you or on your behalf under
or in relation to the agreement minus a charge for shipping and handling - £5 minimum on goods valued above £10.
7. 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
• If for reasons beyond our reasonable control, including
but not limited to an inability or failure on the part of the
manufacturers or suppliers of the goods to supply the goods
to us, we are unable to supply the goods to you, we may cancel
the agreement at any time before the goods are delivered by
giving notice to you. We shall promptly repay to you any sums
paid by you or on your behalf under or in relation the agreement.
We shall not be liable for any other loss or damage whatever
arising from such cancellation.
e) Statutory rights
• Your right of cancellation is in addition to your other
statutory rights.
• The after sales service and guarantees
and the voluntary code for the return of goods by you to us
mentioned below do not affect your statutory rights.
f) Guarantees and after sales service
• We guarantee that the goods will correspond with the
stated description and specification.
• We guarantee that the goods will be of
satisfactory quality when delivered by our carrier.
• We operate a voluntary code which appears
below for the return of goods which have failed to meet your
expectations.
• Subject to you complying with the voluntary code for
the return of goods we guarantee that the goods will remain
of satisfactory quality in normal use for 12 months following
delivery and will replace the goods in accordance with timescale
for return of the goods set out in the voluntary code.
• The terms of any manufacturer’s
guarantee and after sales service will be included within the
documents accompanying the goods.
• We are willing to provide advice to you
in accordance with the conditions below.
g) Advice given by us to you
• We are always prepared to offer advice about the goods
including advice about installation, compatibility, configuration,
and product upgrades.
• We know the general purpose for which
you require our goods and we will take reasonable care when
giving you any advice.
• Without knowing the particular application
for which you require our goods and the exact specification
and configuration of any existing system into which you intend
to install our goods we cannot and do not warrant the suitability
of any of our goods for your particular purpose.
• We do offer a service whereby we will
install our goods into your existing system. If you ask us to
do that, we can warrant the suitability of the goods installed
by us.
h) Your responsibilities
• It is your responsibility to ensure compatibility of
any goods offered for sale by us both with the existing components
within your system and with any other goods offered for sale
by us.
• It is your responsibility to ensure proper installation
of our goods into your existing system.
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.
IMPORTANT: 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.
The Code
We recognise that goods supplied by us to you
may not meet your expectations. In our experience there are
many reasons why that may happen. Examples of those reasons
include a defect in the goods at the point of delivery to you,
poor installation or simply slower performance than you require.
We are not able to establish why the goods have
failed to meet your expectations without an opportunity of inspecting
and testing the goods.
In any case where the goods fail to meet your
expectations we invite you to return them to us with an explanation
of the problem.
In any case where we agree that the problem has arisen because
of a defect in the goods at the point of delivery to you:
we will refund the cost of the goods to you if
returned within 28 days of the date of delivery;
In every case where you return goods upon the
basis that there was a defect in the goods at the point of delivery
to you we will inspect and test the goods.
Insofar as it may be established that there was
no defect in the goods at the point of delivery to you, we reserve
the right to charge you £10 as a contribution towards
the cost of inspecting and testing the goods.
In any case where it is established that there
was no defect in the goods at the point of delivery to you:
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.
PART III (Trade Account Customers
Only)
a) Conditions applicable
• These conditions shall apply to all contracts for the
sale of goods by us to you to the exclusion of all other terms
and conditions including any terms or conditions which you may
purport to apply under any purchase order confirmation of order
or similar document.
• All orders for goods shall be deemed
to be an offer by you to purchase goods pursuant to these conditions.
1. Acceptance of delivery of the goods shall
be deemed conclusive evidence of your acceptance of these conditions.
2. Any variation to these Conditions (including
any special terms and conditions agreed between you and us)
shall be inapplicable unless agreed in writing by us.
3. These terms represent the entire agreement
between you and us.
b) Price and Payment
• The price (unless otherwise expressly stated) shall
be exclusive of value added tax which shall be due at the rate
ruling on the date of our invoice.
• Where the price is expressed to be inclusive
of value added tax we have the right to adjust the price at
any time before delivery to take account of any increase in
value added tax.
• Payment of the price and value added
tax shall be due within 30 days of the date of the date of the
invoice. Time for payment shall be of the essence.
• Interest on overdue invoices shall accrue
from the date when payment becomes due from day to day until
the date of payment at a rate of 5% above Barclays Bank plc’s
base rate from time to time in force and shall accrue at such
a rate after as well as before any judgment.
• If you fail to make any payment on the due date then
without prejudice to any of our other rights we may:
1. suspend or cancel deliveries of any articles
due to you; and/or
2. 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
You may not withhold payment of any invoice or other amount
due to us by reason of any right of set off or counterclaim
which you may have or allege to have or for any other reason
whatsoever.
d) Delivery and non-delivery of goods
• The risk in the goods shall pass to you upon such delivery
taking place.
• We shall arrange for carriage of the
goods to your address. The costs of carriage and any insurance
which you reasonably direct us to incur shall be reimbursed
by you without any set-off or other withholding whatever and
shall be due on the date for payment of the price.
• We shall not be liable for any loss or
damage whatever due to failure by us to deliver the goods or
any of them promptly or at all.
• Notwithstanding that we may have delayed
or failed to deliver the goods or any of them promptly you shall
be bound to accept delivery and to pay for the goods in full
provided that delivery shall be tendered at any time within
3 months of the agreement.
e) Retention of title by us
• The goods shall be at your risk as from delivery.
• In spite of delivery having been made
property in the goods shall not pass to you until:
• you have paid the price plus value added tax in full;
and
• no other sums whatever shall be due from you to us.
• Until property in the goods passes to
you the goods and each of them shall be held by you on a fiduciary
basis as bailee for us.
• You shall store the goods (at no cost
to us) separately from all other goods in your possession and
marked in such a way that they are clearly identified as our
property.
• Notwithstanding that the goods (or any of them) remain
our property you may sell or use the goods in the ordinary course
of your business at full market value for our account. Any such
sale or dealing shall be a sale or use of our property by you
on you own behalf and you shall deal as principal when making
such sales or dealings.
• Until property in the goods passes from
us the entire proceeds of sale or otherwise of the goods shall
be held in trust for us and shall not be mixed with other money
or paid into any overdrawn bank account and shall be at all
material times identified as our money.
• We shall be entitled to recover the price
(plus value added tax) notwithstanding that property in any
of the goods has not passed from us.
• Until such time as property in the goods
passes from us you shall upon request deliver up to us such
of the goods as have not ceased to be in existence or resold.
If you fail to do so we may enter upon any premises owned occupied
or controlled by you where the goods are situated and repossess
the goods. You authorise us to repossess the goods from any
other premises where the goods may be situated from time to
time provided always that we have the consent of the person
who owns, occupies or controls such premises to enter thereon.
On the making of a request by us to you to deliver up such goods
your rights to sell, use or otherwise deal with the goods shall
cease.
• You shall not pledge or in any way charge
by way of security for any indebtedness any of the goods which
are our property. Without prejudice to our other rights, if
you do so all sums whatever owing by you to us shall forthwith
become due and payable.
• You shall insure and keep insured the
goods to the full price against ‘all risks’ to our
reasonable satisfaction until the date that property in the
goods passes from us, and shall whenever requested by us produce
a copy of the policy of insurance. Without prejudice to our
other rights, if you fail to do so all sums whatever owing by
you to us shall forthwith become due and payable.
• You shall promptly deliver the prescribed
particulars of this contract to the Registrar in accordance
with the Companies Act 1985 Part XII as amended. Without prejudice
to our other rights, if you fail to do so all sums whatever
owing by you to us shall forthwith become due and payable.
f) Acceptance of the goods
• You shall be deemed to have accepted the goods 3 days
after delivery by the carrier.
• After acceptance you shall not be entitled
to reject goods which are not in accordance with the contract.
g) Rejection of the goods
• If you properly reject any of the goods which are not
in accordance with the contract you shall nonetheless pay the
full price for such goods unless you return such goods to us
at your cost before the date when payment of the price is due.
h) Return of goods which are in accordance with the contract
• No goods delivered to you which are in accordance with
the agreement will be accepted for return by us without our
prior written approval (in accordance with our returns authorisation
procedure) and on terms to be determined at our absolute discretion.
• If we agree to accept any such goods
for return you shall be liable to pay a handling charge of (15%)
of the invoice price. Such goods must be returned by you to
us carriage-paid and in the original undamaged packaging.
• Goods which are in accordance with the
agreement and are returned without our prior written approval
may at our absolute discretion be returned to you or stored
at your cost without prejudice to any other rights or remedies
we may have.
i) Variations in description or specification
• We may deliver goods of a different description or specification
from that agreed and as may be required to comply with any applicable
safety or statutory requirements or which do not materially
affect the quality or fitness for purpose of the goods.
j) Limitations upon our liability to you
• Our liability to you for any breach of contract or negligence
(save and except our liability for negligence for death or personal
injury) shall be limited to the price of the goods together
with any expenses incurred by you in notifying us and returning
the goods to us.
• We shall not be liable for any consequential
loss including without limitation any loss caused by interruption
of your business, loss of electronic information or physical
damage to property and whether directly or indirectly caused
by any breach of contract or by negligence by us or by any servant
or agent of ours.
• We recommend that as a matter of good
business practice you maintain insurance and that you maintain
a back up system and that you back up your electronic information.
h) Choice of law and jurisdiction
• This contract is subject to the law of England and Wales.
• All disputes arising out of this agreement
shall be subject to the exclusive jurisdiction of the courts
of England and Wales.
• If any part of these terms and conditions
shall be found to be unlawful, it shall not affect the validity
or enforceability of the remainder of the conditions.
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