Audio Visual Services (avsglos)

   


Terms and Conditions of Business

1) General
The 'Seller' is J Hudson (Audiovisual Engineer) Ltd. Trading as
Audio Visual Services (avsglos) The 'Buyer' is any person or company
who buys or has agreed to buy Goods from the Seller. 'Goods' means
goods provided by the Seller in accordance with the Seller's standard
Terms and Conditions of sale. Sales from the seller to the buyer are on 
a "business to business" basis. These Terms and Conditions of Sale
supersede any previous Terms and Conditions must be confirmed in
writing by the Seller and will not otherwise be valid. Any waiver by
the Seller of these Terms and Conditions of Sale on any occasion shall
merely act as a waiver on that occasion, and shall not affect the
Seller's right to enforce any of these Terms and Conditions on any
further occasion. No terms and conditions stipulated by the Buyer
shall have effect unless agreed in writing from the Seller.

2) Prices
Unless otherwise stated any prices quoted by the Seller are: (I)
exclusive of value added tax and any other taxes and duties. (ii)
exclusive of carriage, packaging and insurance. (iii) exclusive of any
release certificates. The Seller shall charge extra in respect of these
items. Prices to the Buyers are subject to change without notice
after the date of Seller's acceptance of Buyer's order where Seller
has incurred increased costs due to currency exchange rate change,
import duty change, increased freight charges, increased prices from
supplier or surcharges. Where agreed call-offs are not adhered to by
the Buyer. The Seller reserves the right to amend the price structure
in accordance with the quantities delivered. In any event the Seller
retains the right to invoice at the price ruling at the time of delivery.
The Seller reserves the right to amend prices to correct errors or
omissions.

3) Delivery
All despatch dates are estimated and are not guaranteed and do not
form a term of this contract. Whilst every endeavour will be made to
comply with the these dates, the Seller shall have no liability
whatsoever for delay in despatch of delivery, or for any loss
occasioned thereby. Late delivery does not entitle Buyer to cancel
order. Any shortages in delivery must be notified in writing to the
Seller within three days. Time is of the essence.

4) Payment
Payments are due on demand but in any case must be paid no later
than thirty days from relevant invoice. Cash on delivery payments
must be paid on delivery or within one day. Where payment is not
made in accordance with the terms above hereof, the Buyer shall pay
interest on any unpaid amounts calculated at 2% per calendar month
calculated from the date payment becomes due until the amount due
is paid in full. The Seller reserves the right to suspend deliveries where
payment is not received in accordance with these Terms and
Conditions of Sale. The Seller reserves the right at the Seller's
complete discretion to refuse to establish a credit account for any
Buyer, to refuse credit to any Buyer notwithstanding that a credit
account may already have been established, and to withdraw credit
account facilities. Without prejudice to the Seller's other rights. The
risk in the Goods shall pass to the Buyer when the Goods are
despatched from the Seller's premises and no responsibility will be
accepted by the Seller for damage or loss in transit. Damage should
be notified in writing to the carrier and the Seller within three days of
receipt, and the Goods held for inspection to enable a claim to be
made on the carrier. If the Goods are not received within four days of
despatch, the carrier and the Seller must be notified immediately.

5) Damage or Loss in Transit
The risk in the Goods shall pass to the Buyer when the Goods are
despatched from the Seller's premises and no responsibility will be
accepted by the Seller for damage or loss in transit. Damage should
be notified in writing to the carrier and the Seller within three days of
receipt, and the Goods held for inspection to enable a claim to be
made on the carrier. If the Goods are not received within four days of
despatch the carrier and the Seller must be notified immediately.

6) Ownership
At the Seller's discretion, ownership of the Goods may not pass from
the Seller to the Buyer until the Buyer has made a payment in full
thereof, (and any other monies owing to the Seller). If payment is not
made in accordance with these Terms and Conditions of Sale. The
Seller shall have the right (without prejudice to the obligation of the
Buyer to purchase the Goods, and to any other remedy that may be
available to the Seller) to retake possession of Goods not fully paid
for, and to go up on any premises occupied by the Buyer.

7) Cancellations and Re-schedules
Requests to cancel or reschedule orders must be made in writing to
the Seller. The Seller is under no obligation to accept such
cancellations or reschedules. Without prejudice, the Seller reserves
the right to make a charge on the Buyer to recover costs and loss of
profit incurred by the Seller due to such a cancellation or reschedule.

8) Warranty
Unless otherwise stated. If any Goods are or become faulty or
defective by reason only of use of defective materials or workmanship
within a period of thirty days from date of delivery. The Seller will at
the Seller's option either refund the price of such Goods or replace or
repair such Goods provided that the Buyer shall have notified the
Seller in writing of the fault or defect in the Goods, and shall have
returned the faulty or defective Goods to the Seller for inspection in
accordance with the returns procedure in section (9) herein. 
Goods returned under warranty must be shipped by the buyer and at 
the buyers cost. Return carriage and the cost thereof shall be the 
responsibility of the seller. Goods supplied to the Buyer by the Seller 
must not to be used in any medical or life critical applications by the 
Buyer or any other third party, without confirmation in writing by the 
Seller. 
All other warranties, conditions and statements expressed or implied, 
statutory or otherwise are excluded. Subject to the aforesaid the 
Seller shall be under no liability in contract or in tort for any loss, 
damage, death or injury arising directly or indirectly out of the supply, 
use or misuse of the Goods, to the Buyer or any other third party.
Extended warranties, where offered or sold, are as offered by the 
Manufacturer or distributor of the equipment. Such warranties are
offered in good faith, but the seller does not and can not maintain
any such warranty, should the Manufacturer or distributor cease
trading through bankrupcy or otherwise.

9) Returns Procedure
If any Goods are or become defective in accordance with section (8)
herein, the Buyer must obtain a RMA (Return Merchandise Authority)
number from the Seller. The RMA number will be valid for a period of
seven days from the date of issue by the Seller. The Seller reserves
the right to refuse delivery of Goods after this period. The Buyer may
have to bear any losses due to price erosion or obsolescence if Goods
are returned after the seven days. Any Goods returned must be 
packaged in the original packaging  and must be complete with all 
accessories, cables and instruction books. The RMA number must be 
marked clearly on the package. The Seller reserves the right to refuse 
delivery of any Goods returned without a RMA number.
All Goods are returned carriage paid by the buyer and at the Buyer's 
own risk. Goods returned as "no longer required" or incorrectly ordered 
will incur a re-stocking charge of 20% of the original invoice value.

10) Errors and Descriptions
Every effort will be made by the Seller to ensure accuracy of any
technical data or literature made available in relation to the Goods.
The Seller accepts no liability for any damage or injury arising from
any errors or omissions in such technical data to the Buyer or any
third party. No contract can be invalidated due to printing or clerical
errors. Any descriptions of Goods are for guidance only and shall not
constitute the contract 'safe by description'.

11) Termination of Liability
The Seller shall be relived of all liability for obligations incurred to the
Buyer and any other third party. Wherever, and to which the
fulfilment of such obligation is prevented, frustrated or impeded in
consequence of any statue, rules, regulations, orders or requisitions
issued by any national or foreign government department, council or
other duly constituted authority or by reason of any strikes,
breakdown of plant, accident, civil commotion, war, force majeure or
any other cause beyond the control of the Seller. Including but not
limited to causes arising from acts omissions of the Buyer.

12) Law
This contract shall be governed by English Law in the Courts of
England.

E. & O.E. All trademarks acknowledged.

 

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Last modified: March 03, 2011 14:26 -0000 avsglos Gloucester UK.