Terms & Conditions

11. RETURNS POLICY

11.1 Goods are not sold on a trial basis, nor on a basis of Sale or Return. The Company shall not refund monies for Goods which are bought in error, in excess of requirements, or are not resalable. Where a Customer is not satisfied with Goods and / or does not want them, the Goods can, within thirty (30) days from receipt of Goods, be returned to the Delivery Depot, only if they are fully re-saleable, and subject to a restocking charge of 40% of the purchase price of the Goods or a payment of £50.00, whichever is greater. In the event of such returns, the Customer acknowledges that it shall be liable for all reasonable costs incurred by the Company in relation to carriage, postage, and packaging and the Company shall invoice the Customer for any costs in question incurred and payment shall be made by the Customer in accordance with the provisions of Clause 5.1.11.2 A Returns Authorisation Number must be obtained before any Goods can be returned to the Company, which number may be obtained by the Customer from the Company's customer service department. 

11.2.1 All repairs, replacements or refunds will be processed following receipt and inspection by our Returns department

11.2.2 The Goods must also be packaged in all their original packaging so as to ensure safe transit and ease of identification and be returned in their entirety including all disks, manuals and cables. 

11.2.3 The manufacturer's packaging must not be damaged or defaced.

11.2.4 The Customer should attach a return address label (found on the reverse of the Delivery note) to the outer brown cardboard box and the Company will arrange for it to be collected. 

11.2.5 The Company shall refuse Goods returned without a Returns authorisation number 

11.3 The return of faulty Goods is subject strictly to individual manufacturers' Dead Upon Arrival policies (DOA). (Individual manufacturers' DOA policies may be obtained by the Customer by contacting the Company's customer service department.) Where a Customer notifies the Company of a defect in the Goods within the time provided for in the applicable manufacturer's DOA policy, which defect is subsequently verified by the Company's technical inspectors, the Company will replace the Goods or refund the monies paid by the Customer for the Goods.

11.4 The Goods will be tested upon receipt. If no fault is found, the Goods will be returned to the Customer. If a fault is found and the applicable manufacturer's DOA period is exceeded, then the Goods will be repaired or replaced under the terms of the manufacturer's warranty.

11.5 In the case where it is established that Goods are faulty or defective in line with the individual manufacturer's warranty, most warranty repairs will be carried out on a return-to-Company basis. All parts and labour charges will be waived but the Customer is responsible for ensuring that the Goods are returned to the Company in their original packaging ,or if this is not available, in a stout carton with high density foam providing at least 150mm clearance surrounding the entire product so as to ensure safe transit and ease of identification. In some instances the manufacturer's warranty requires the Customer to contact the repair agent directly. If this is the case, the Customer will be so informed by the Company's customer service department.

11.6 The Customer acknowledges that in all cases all Goods shall be returned to the Company using only a carrier approved by the Company and in cases where the Customer uses an unapproved carrier the Customer shall be liable for all costs losses damages or other charges incurred by the Company in relation to the use by the Customer of the unapproved carrier. 

11.7 Risk in any Goods that the Customer is returning to the Company shall remain with the Customer until the Goods have been delivered to the Company's premises and accepted by the Company. 

12. WARRANTIES, LIABILITY AND SUITABILITY 

12.1 In cases where any of the Goods are covered by a manufacturer's warranty, the Customer shall be responsible for contacting and returning any registration or warranty cards to the manufacturer in question and for the avoidance of doubt the Company shall not be held responsible for any acts of the manufacturer or its agents including (without limitation) any failure by the manufacturer to replace or repair any of the Goods in question which are the subject of the manufacturer's warranty.

12.2 Subject as expressly provided for in these Conditions and except in cases where the Goods are sold to a person dealing as a consumer (as that term is defined in the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

12.3 For the avoidance of doubt where Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976 the statutory rights of the Customer are not affected by these Conditions.

12.4 It is the responsibility of the Customer to ensure that the products ordered and subsequently installed and utilised are suitable for purpose. The Company may upon the Customer's request offer its opinion upon the suitability of certain products for certain applications, however it is the Customer's responsibility to select the products that are appropriate to their needs and those that fulfil the requirements of Local and/or National Government regulations and controls. Products purchased by the Customer should always be installed and/or utilised in accordance with any formal certification that has been issued to the Manufacturer regarding the efficacy of their products, and as per the Manufacturer's written instructions.

12.5 Except in respect of death or personal injury caused by the Company's negligence the Company shall not be liable to the Customer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty in common law or under the express terms of the Contract for any indirect, special or consequential losses or damages (whether for loss of profit or otherwise) costs expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees, agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer and the entire liability of the Company under or in connection with the Contract shall not exceed one and a half times the price paid for the Goods in question by the Customer. 

12.6 The amount charged for the Goods is calculated with reference to the exclusions and limitations on the Company's liability under these Conditions and the Customer acknowledges that the Company would have been prepared to add a special condition to the Delivery note extending the scope and/or agreeing a higher limit in respect of its liability regarding the Goods subject to the cost of the Goods being increased to take account of the Company's costs in obtaining specific insurance cover for the increased scope and/or amount of its liability to the Customer. 

13. INDEMNITY 

13.1 The Customer undertakes to the Company that it will immediately indemnify the Company against all proceedings, costs, fees, expenses, payments, liabilities, losses and damages arising out of the breach or negligent performance by the Customer of any terms of the Contract. 

14. FORCE MAJEURE 

14.1 The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the Goods, where the delay or failure was due to any cause beyond the Company's reasonable control and without prejudice to the generality of the foregoing the following shall be regarded (without limitation) as causes beyond the Company's reasonable control: 

14.1.1 acts of God, explosion, flood, tempest, fire or accident;

14.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition; 14.1.3 Acts, restrictions, regulations, bye-laws or measures of any kind on the part of any governmental parliamentary or local authority;

14.1.4 import or export regulations or embargoes;

14.1.5 strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Company or of a third party);

14.1.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery; and 

14.1.7 power failure or breakdown in machinery. 

15. INSOLVENCY OF CUSTOMER 

15.1 This Clause applies if: 

15.1.1 the Customer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or

15.1.2 an encumbrance takes possession, or a receiver is appointed over any of the property or assets of the Customer; or

15.1.3 the Customer ceases or threatens to cease to carry on business; or 

15.1.4 the Company reasonably apprehends that any of the events mentioned above are about to occur in relation to the Customer and notifies the Customer accordingly. 

15.2 If this Clause 15 applies then without prejudice to any other rights or remedies available to the Company the Company shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer and if the Goods have been delivered and not paid for the price of the Goods in question shall become immediately due and payable notwithstanding any previous agreement or arrangements to the contrary. 

16. EXPORT OR IMPORT LICENCES 

16.1 The Customer shall be responsible for obtaining all licenses for the export or import of the Goods and for obtaining any other licenses required for the delivery or sale of the Goods in the country of destination. 

17. GENERAL 

17.1 No waiver by the Company of any breach of Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provisions of these Conditions.

17.2 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.

17.3 All notices served under these Conditions shall be in writing and shall be sent to the address of the recipient set out in the invoice (or to any later address in the United Kingdom notified for that purpose) and all notices delivered personally or sent by first class prepaid letter or by facsimile transmission shall be deemed to have been served: 

17.3.1 immediately if they were sent by facsimile; and

17.3.2 on the second Business Day after posting if served by first class post; and 

17.3.3 by delivery of the notice through the letter box of the party to be served and shall be treated and served on the first Business Day after delivery. 

17.4 The Company reserves the right to amend these Conditions in respect of any promotion, offer or the like made or issued by the Company from time to time in relation to the Goods. 

17.5 These Conditions shall be governed by and construed in accordance with the laws of England. 

18. ADDITIONAL TERMS 

18.1 The terms set out in this Clause 18 shall apply only to those persons who deal as a consumer as defined in the Consumer Protection (Distance Selling) Regulations 2000 (Regulations).

18.2 A consumer shall, subject to the terms set out in this Clause 18, have the right to cancel a Contract within seven working days from the day after the date of delivery of the Goods by the Company to the consumer provided that he/she gives written notice of such cancellation in accordance with Clause 17.3.

18.3 If a consumer exercises his/her right to cancel a Contract pursuant to Clause 18.2, the Company shall, in accordance with the Regulations, reimburse any payment made by the consumer within 30 days from the day on which he/she gave such notice of cancellation, provided that the consumer shall not be entitled to a prepayment in the event that:- 

18.3.1 he/she does not take reasonable care of the Goods either prior to cancellation of the Contract or, following cancellation, while the Goods remain in the possession of the consumer. For the purposes of this sub-clause 18.3, a consumer shall be deemed not to have taken reasonable care of the Goods if such Goods are not kept packed in their original packaging, with all contents, manuals and accessories and the external packaging is defaced or damaged in any way ; and / or 

18.3.2 Any Goods returned by a consumer pursuant to this Clause 18 shall be subject to a return charge of 40% of the purchase price of the Goods or £50 whichever is greater, plus VAT per Goods returned which represents the direct costs incurred by the Company for such return.