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| Terms & Conditions |
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STANDARD TERMS AND CONDITIONS OF SALE
1. GENERAL
The acceptance of any order which may be placed with A.1. Shopping Channel hereafter A1S shall be subject to these conditions and shall be deemed to be a contract binding on both parties only when confirmed and accepted by A1S 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 A1S and any buyer shall be deemed to have been accepted by A1S 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 A1S unless and until A1S has confirmed in writing its acceptance of an order placed by buyer in accordance with the quotation. Prices stated in A1S 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 A1S 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 A1S 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. A1S 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 A1S delivered within seven days of such notification without incurring liability to A1S. 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 A1S and may not be transmitted to a third party without A1S written consent. All such documents must be returned to A1S of no order is placed with it or if any order is not accepted.
4. SPECIFICATION
Goods will be supplied in accordance with A1S standard specification for the relevant type. A1S reserves the right to make such improvements to and/or modifications of such specifications as A1S deems desirable.
5. PACKING
The specification for packaging the products shall be entirely at the discretion of A1S 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) A1S 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 A1S 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 A1S shall apportion its available products and delivery capabilities among its customers, as it thinks fit.
(C) No order accepted by A1S can be cancelled or suspended by the buyer except with consent of A1S in writing. A1S 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, A1S may store the goods at the sole risk and at the expenses of the buyer and payment for the goods may at A1S discretion be due on the date on which the consignment was ready for delivery.
(E) Unless acceptable specific instructions are received from the buyer, A1S 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 A1S.
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 A1S has been made in full until such time:
1) The buyer will hold the goods as A1S bailee and fiduciary agent and
2) The buyer will store the goods separately from other goods so that they can be identified as A1S property and keep same protected and insured.
(D) Until such time as property in the goods passes to the buyer A1S shall be entitled at any time to require the buyer to deliver up the goods to A1S 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 A1S therefor, the buyer shall (without prejudice to A1S other right in respect of such wrongful sale) hold the proceeds of sale on trust to A1S and as such and as A1S 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 A1S such composite product will be deemed to be owned in common by A1S & A1S 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. A1S 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 A1S 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, A1S 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, A1S continue to supply goods this shall not constitutes a waiver or in any way prejudice A1S legal remedies for any defaults.
(D) Should the financial position of the buyer deteriorate significantly before payment is due A1S 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 A1S 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 A1S 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) A1S 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, A1S 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 A1S.
(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 A1S 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 A1S 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 A1S.
(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 A1S 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 A1S and the buyer hereby submit to the non-exclusive jurisdiction of the English Courts.
13. RETURN OF GOODS
A1S 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. |
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