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A1E-AERIALS.CO.UK |
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1. GENERAL
The acceptance of any order which may be placed with A.1. Electronics hereafter A1E shall be subject to these conditions and shall be deemed to be a contract binding on both parties only when confirmed and accepted by A1E in writing. Any terms and conditions contained in the buyers purchase order or related document shall be inapplicable if in conflict with these conditions. No modification or amendment of any contract between A1E and any buyer shall be deemed to have been accepted by A1E until accepted in writing by a duly authorised officer of the company.
2. QUOTATION AND PRICES
The prices, quantities and delivery stated in any quotation shall not be binding on A1E unless and until A1E has confirmed in writing its acceptance of an order placed by buyer in accordance with the quotation. Prices stated in A1E acknowledgement of the order for imported goods are based on the relevant currency/sterling exchange rate in force at the date thereof. If between the date of the acknowledgement of the order and the date of the invoice the value of sterling has fallen against the relevant currency the prices of the goods may be increased according. The exchange rate in farce at any particular date shall be the lower or relevant/sterling exchange rates publishing in the financial times on the date or, if no such rate is published such exchange rate as is published, such exchange rate as A1E shall in its reasonable opinion determine as the current exchange rate. If between the date of the acknowledgement of the order and the date of delivery the cost of the goods to A1E shall have maternally increased by causes other that the movement or the exchange rate the price of the goods to the buyer may be increased accordingly without prior notice. A1E shall notify the buyer of any such price variation before the despatch of the goods and the buyer shall be part of the order that remains outstanding by written notice to A1E delivered within seven days of such notification without incurring liability to A1E. If such written notice is not received within the time specified it shall be deemed that price variation has been accepted by the buyer and it shall be incorporated into the order. Unless otherwise stated prices are ex-work and exclusive of value added tax.
3. DATA REGARDING GOODS
Any data delivered to the buyer concerning the goods is not to be considered binding and constitutes an approximate guide only. Specifications drawing is not to be considered binding and constitutes an approximate guide only. Specifications, drawing and other documents relating to the goods remain the property of A1E and may not be transmitted to a third party without A1E written consent. All such documents must be returned to A1E of no order is placed with it or if any order is not accepted.
4. SPECIFICATION
Goods will be supplied in accordance with A1E standard specification for the relevant type. A1E reserves the right to make such improvements to and/or modifications of such specifications as A1E deems desirable.
5. PACKING
The specification for packaging the products shall be entirely at the discretion of A1E who shall have the right to pack all products in such a manner and with such materials and in such quantities as it in its absolute discretion thinks fit and shall not be obliged to comply with any packaging instructions or requests of the buyer.
6. DELIVERY AND RISK
(A) The buyer shall be bound to accept delivery of the goods by instalments and shall not entitled to reject delivery or part delivery of the goods ordered, defects in quality or dimensions of all or part of the goods in any instalment shall not be a ground for cancellation of the remainder of the order.
(B) A1E shall be under no liability for direct or consequential loss in respect of delay or the consequences off any delay in full or part delivery or for any failure to delivery caused buy acts of war, sabotage, insurrection, civil or other disorders, act of god, lack of fuels, raw materials or machinery of technical breakdown or by any other occurrence beyond A1E reasonable control. This clause applies to any of these causes occurring either in the United Kingdom or in the country of origin of the goods or in any country through which the goods may travel in the course of delivery. In such an event A1E shall apportion its available products and delivery capabilities among its customers, as it thinks fit.
(C) No order accepted by A1E can be cancelled or suspended by the buyer except with consent of A1E in writing. A1E shall have no liability for any consequential loss caused by any cancellation or suspension of an order.
(D) Should delay in delivery be caused by the buyer, A1E may store the goods at the sole risk and at the expenses of the buyer and payment for the goods may at A1E discretion be due on the date on which the consignment was ready for delivery.
(E) Unless acceptable specific instructions are received from the buyer, A1E shall select a suitable carrier for the goods. Delivery of the goods in good condition to such a carrier shall constitute delivery to the buyer and the risk in the goods shall pass to the buyer at this point. Any mis-delivery, breakage or other damage, howsoever caused, shall thereupon be the responsibility of the buyer who will also be responsible for obtaining and paying for insurance and carrying out negotiations in the event of any such loss, mis-delivery, breakage or other damage regardless of the fact that insurance may have been secured by A1E.
7. PROPERTY IN THE GOODS
(A) Property in the goods will not pass to the buyer until payment of the price for the goods and of all money owed by the buyer to A1E has been made in full until such time:
1) The buyer will hold the goods as A1E bailee and fiduciary agent and
2) The buyer will store the goods separately from other goods so that they can be identified as A1E property and keep same protected and insured.
(D) Until such time as property in the goods passes to the buyer A1E shall be entitled at any time to require the buyer to deliver up the goods to A1E and if the buyer fails to do so forthwith to enter upon any premises of the buyer or any third party where the goods are believed to be stored and repossess the goods. If notwithstanding the above:
(i) The buyer purports to sell the goods prior to making payment to A1E therefor, the buyer shall (without prejudice to A1E other right in respect of such wrongful sale) hold the proceeds of sale on trust to A1E and as such and as A1E fiduciary agent and kept separate from any other moneys;
(ii) The goods are admixed with or affixed to property goods or materials property in which title is not vested in A1E such composite product will be deemed to be owned in common by A1E & A1E with that person.
8. PAYMENTS
(A) All orders are subject to credit approval before acceptance. Payment shall be made in cash, bankers draft, Tele transfer, major credit cards, and cheque upon clearance on the date of invoice without any deductions and the time with in which the buyer is to pay for the goods shall be of the essence of the contract. A1E reserve the right to make delivery subject to immediate cash payment. Where the goods are sold by mail order payment shall be made in such manner A1E requires..
(D) Bills of Exchange, Bankers Draft and Letter of Credit shall be accepted only by prior agreement in writing and the buyer will be liable for any discounting of bank charges incurred.
(C) If the buyer in default in making payment, A1E may decline to make further deliveries without in any way affecting its rights under, or repudiating the contract. If despite any default by the buyer, A1E continue to supply goods this shall not constitutes a waiver or in any way prejudice A1E legal remedies for any defaults.
(D) Should the financial position of the buyer deteriorate significantly before payment is due A1E shall be entitled to demand immediate payment or security from the buyer. The financial position of the buyer shall be deemed to have deteriorated significantly if, but not only if any distress of execution shall be levied upon the buyer, his property or assets, or if the buyer shall make or offer to make any arrangement or if any petition or receiving order in bankruptcy shall be presented or made any arrangement or composition with creditor.
(E) If you have any queries with any invoices raised these must be taken up within 7 working days.
9. WARRANTIES
(A) Patent defects and incorrect deliveries the buyer shall inspect the goods immediately on arrival thereof and shall within 3 days of their arrival give notice to A1E for any defect in the goods or any other matter by reason whereof he alleges that the goods are not in accordance with the contract and shall if alleges the goods in accordance with the contract and shall be deemed to free defects and in all respects in accordance with the contract and the buyer shall be bound to accept and pay for them accordingly. If the buyer gives such notice and delivered goods are proved to be defective A1E shall at its discretion replace or repair the goods free of charge or refund the purchase price and the buyer shall have no further rights to damage or otherwise.
(B) A1E warrants for a period of 12-month (all new items sold) are RTB from the date of despatch that the goods shall be free from defects in material and workmanship. If there is such a defect in material or workmanship in the said 12 month, A1E shall at its own discretion replace or repair the goods free of charge and the buyer shall have no further right to damage or otherwise against A1E.
(C) This warranty will not extend to faults caused by incorrect or inappropriate use or handling of the goods nor to any goods which have been repaired or in any way altered without the consent of A1E in writing, nor to any consequential loss, damage or expense howsoever arising.
(E) Goods must be returned in original packaging and in a re saleable condition. Failure to do so will invalidate the warranty. Products shall be returned at the buyers expense howsoever arising. No goods may be returned without A1E prior consent and without an appropriate RMA No. If Items are returned for no good reason a charge of 30% handling/restocking fee or £10.00 per item checked, if order under £250.00 + PP + VAT will be made. (See 13. Below) If however a return is no fault found we will levy £15.00 + Vat to cover our labour charge per item checked.
(F) No other conditions or warranty is made, given, or to be implied as the merchantability, quality, life or wear of the goods supplied or that they will be suitable for any particular use or for use under any particular conditions notwithstanding that such purpose or condition may be known to A1E.
(G) This warranty will not extend to faults caused by incorrect or inappropriate use of any third party software supplied with the equipment.
10. PARTIAL INVALIDITY
If and to the extent that any clause or clauses of these terms and conditions of sale should prove invalid the remaining provisions and the contract shall remain valid and binding. Any valid clauses shall be re-negotiated with the intention of replacing such clauses by new provisions with similar economic implications. Such substituted provisions shall be binding on both parties.
11. WAIVER
The failure of A1E to insist upon strict performance of the terms and conditions stated herein shall not be considered a continuing waiver off any such terms or conditions or of any other terms and conditions.
12. PROPER LAW
The contract shall in all respects be construed and operate in accordance with the English Law and A1E and the buyer hereby submit to the non-exclusive jurisdiction of the English Courts.
13. RETURN OF GOODS
A1E Will not accept goods delivered to any other location other than those invoiced from without written acceptance proof of such must be enclosed with the appropriate return.
14. The buyers statutory rights are not affected by any of the foregoing.
STANDARD TERMS AND CONDITIONS OF REPAIR
1.0 NO FIX – NO FEE (WITH EXCEPTION TO 2.6):
1.1 Only applies to faulty equipment when delivered to us; under 3 yrs old=MFW; costing more than £110; is a non trade/commercial repair and that has not been previously dismantled or reassembled. Please note our decision is final when deciding if a repair meets the no fix-no fee criteria.
1.2 We have to take a £75.00 inspection fee on ALL Plasma and LCD equipment due to the cost of replacement Printed Circuit Boards (PCBs).
2.0 CHARGES:
Repairs not covered by sub-section 1.1 may incur the following charges. These charges are all inclusive of Value Added Tax (VAT).
2.1 All labour and part costs.
2.2 An inspection fee of £20 will be taken for all repairs, which is refundable for repairs under sub-section 1.1 only (see job card issued today.
2.3 All no fault found repairs will incur a minimum handling/labour/admin fee of £17.63. Above this you will be advised.
2.4 Cancelled repairs by the customer will incur charges of any accrued parts and labour, providing we have not broken the agreement.
2.5 See section 8.1 for loan equipment charges.
2.6 ALL repairs where circumstances are beyond our control labour will be chargeable. (E.G. the equipment is obsolete & parts are NLA).
2.7 Free repairs under manufacturers warranty (We require proof of purchase). Any fault found deemed to be a customer induced fault will not be covered under the manufacturers warranty.
3.0 BEYOND ECONOMICAL REPAIR (BER):
3.1 If the result of work carried out by us is such that the equipment is BER (repair costs exceeds 50% of replacement cost @ date of purchase) then the inspection fee will not be refunded if sub-section 1.1 does not apply. We will make every effort to advise you as soon as it becomes BER
4.0 NON COLLECTION OF REPAIRED EQUIPMENT/BER EQUIPMENT:
4.1 Equipment not collected 14 days thereafter will incur a storage charge of £5.88 per week for each item, or a disposal charge for BER items.
4.2 Any repaired equipment not collected after 3 months, maybe disposed of to recover our costs and we will notify you of our intention to do so.
5.0 WARRANTY:
5.1 Each repair has a 3 month (90 days) warranty parts and labour, which is given in addition to your statutory rights and it does not replace them. The warranty will run from the date of repair, not the date of collection.
5.2 Consumable items, head cleaning, tuning and customer adjustments are not covered by our 3 month warranty or manufacturers 12M war.
6.0 CAMCORDERS AND EXTENDED POLICIES/COVER CONTRACTS:
6.1 See separate contract for camcorder equipment and refer to your contract/insurance policy for extended policy cover.
7.0 SOFTWARE:
7.1 We will make every effect to take reasonable care of any software installed on computer hardware providing you have backed up the same before leaving the same with us.
8.0 LOAN EQUIPMENT:
8.1 Loan equipment charges for the duration of the repair are £10 or £20 depending on the type and cost of equipment, once you have been notified of the repair and do not collect a charge of £10 per week will apply until the repaired item is collected. (We may waiver this charge).
8.2 Loan equipment must to be covered by your own insurance if you are not insured you must inform us forthwith.
9.0 ADDITIONAL INFORMATION:
9.1 A typical repair will take between 1 to 2 weeks. Equipment older than 3-5 years may take longer to repair for example.
9.2 Typically a basic repair will incur a charge of £41.13 or £52.88 for a more complex repair, anything over that we will try to advise you with an estimate before continuing with the repair we may set the estimate level higher when you say how much to go up to at booking in.
9.3 A signature in our log book will be required as proof of ownership.
9.4 All equipment whilst on our premises will be covered by our insurance removal of the same when you sign upon collection.
9.5 You will be issued with a job/invoice with every repair. When collecting repaired equipment please bring the job/invoice with you.
10.0 PAYMENT:
10.1 Payment shall be made in cash or cheque upon clearance from the date of invoice without any deductions and the time with in which you pay for the repair shall be of the essence of the contract as invoiced. We reserve the right to carry out the repair subject to immediate cash payment.
10.2 Bills of Exchange, Bankers Draft and Letter of Credit shall be accepted only by prior agreement in writing and you will be liable for any discounting of bank charges incurred.
10.3 Please raise any queries as soon as possible, preferably within 7 working days of the repair date.
11.0 NON-PAYMENT (TRADE MONTHLY ACCOUNTS ONLY):
11.1 If you default in making payment, we may decline to carry out further repairs without in any way affecting our rights under, or repudiating the contract. If despite any default by you, and we continue to carry out the repair this shall not constitutes a waiver or in any way prejudice our legal remedies for any defaults.
11.2 A surcharge is chargeable on all outstanding invoices from the date of invoice at the rate of 15%. All money chase letters will incur a £6.00 charge, we waive the right to claim such surcharge if payment is made within 40 days of the date of invoice. The invoice shall pay all our costs (legal & otherwise) in recovering any outstanding debts, if 40 days all credit facilities will automatically be removed, reverting to a cash transaction.
11.3 All discounts invoiced will be cancelled if payment has not been received within 41 days of invoice date, any other repairs will cease, and equipment will be impounded until all outstanding invoices are paid in full.
11.4 Should the financial position of the customer deteriorate significantly before payment is due we shall be entitled to demand immediate payment or security from the customer. The financial position of the customer shall be deemed to have deteriorated significantly if, but not only if any distress of execution shall be levied upon the customer, his property or assets, or if the customer shall make or offer to make any arrangement or if any petition or receiving order in bankruptcy shall be presented or made any arrangement or composition with creditor.
Your statutory rights are not affected by any of the forgoing.
Copyright A.1. Electronics Ver (11) 28/11/2005 |
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