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 3 months following delivery and will refund the cost of the goods or credit the cost of the goods or 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.
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.
It is your responsibility to ensure that wherever necessary you access the manufacturers web site to download any necessary product upgrades (including drivers and manuals).
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, incompatibility with existing components within your system, 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 any other case we will replace the goods or provide you with a credit for the cost of the goods.
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.
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.
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.
Delivery and non-delivery of goods
The goods shall be delivered to you at your address. 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. The carrier shall be deemed to be your agent.
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.
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.
Acceptance of the goods
You shall be deemed to have accepted the goods 3 days after delivery to your carrier.
After acceptance you shall not be entitled to reject goods which are not in accordance with the contract.
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.
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 (10%) of the invoice price. Such goods must be returned by you to us carriage-paid and in the original 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.
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.
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.
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