1. Definitions
In these conditions, unless the context requires
otherwise:
1.1'Buyer' means the person who buys or agrees
to buy the goods from the
Seller;
1.2'Conditions' means the terms and conditions
of sale set out in this
document and any special terms and conditions
agreed in writing by the
Seller;
1.3 'Delivery Date' means the date specified
by the Seller when the goods are
to be delivered;
1.4'Goods' means the products which the Buyer
agrees to buy from the
Seller;
1.5'Price' means the price for the Goods excluding
carriage, packing,
insurance;
1.6'Seller' means Waterprooftv.co.uk, 7 Allandale
Road, Stoneygate
Leicester,LE2 2DA.
2. Conditions Applicable
2.1 These Conditions shall apply to all contracts
for the sale of Goods by the
Seller to the Buyer to the exclusion of all
other terms and conditions
including any terms or conditions which the
Buyer may purport to apply
under any purchase order, confirmation of order
or similar document.
2.2 All orders for Goods shall be deemed to
be an offer by the Buyer to
purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall
be deemed conclusive evidence
of the Buyer's acceptance of these Conditions.
2.4 Any variation to these Conditions (including
any special terms and
conditions agreed between the parties) shall
be inapplicable unless agreed
in writing by the Seller.
3. Price and Payment
3.1 The Price shall be the Seller's quoted
price. The Price is inclusive of VAT
,Unless stated otherwise, carriage quoted upon
request
3.2 Payment of the Price shall be due at the
time of ordering the Goods which
shall for the purposes of 3.3 below be the
date the invoice is due. Unless
stated otherwise.
3.3 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 4%
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.
3.4 If the Buyer fails to make payment then
without prejudice to any other
right or remedy available the Seller is entitled
to cancel the contract and
suspend any further deliveries
4. The Goods
4.1 The quantity and description of the Goods
shall be as set out in the Seller's
quotation
4.2 The colours of the Goods supplied are standard,
unless specified
otherwise,
4.3 The Sellers gives no guarantee that the
Goods will accord precisely with
the colours advertised and the Buyer accepts
the risk that there may be
minimal difference.
4.4 Unless specified otherwise the Goods will
be manufactured to British
standard compliance., and supplied complete
with the relevant fixings
4.5 All Goods are only suitable for areas as
described by the seller.
4.6 All specifications are supplied via the manufacturer of the items, if specifications change waterproof tv hold no responsibility for these changes, please ensure you have all specs or wiat until the goods are delivered prior to installation.
5. Warranties and Liabilities
The Seller warrants that the Goods supplied
will at the time of delivery correspond to
the
description given by the Seller. Except where
the Buyer is dealing as a consumer as defined
in the Unfair Contract Terms Act 1977 Section
12 and/or the Unfair Terms in Consumer
Contracts Regulations 1999 Regulation 3(1))
all other warranties, conditions or terms
relating to fitness for purpose, quality or
condition of the Goods, whether express or
implied
by statute or common law or otherwise are excluded
to the fullest extent permitted by law.
6. Guarantees
The guarantees accompanying the Goods are without
exception subject to the products
being installed in accordance with best working
practice, manufacturers installation guides and relevant British Standards (when installed in the U.K), all guarantees are on a return to base at customers own cost basis including all sales overseas. Waterprooftv.co.uk will take full responsibility for the costs and return of the repaired items, If the goods are found to be non repairable then a like for like replacement will be offered. These conditions apply unless otherwse notified in writing.
7. Delivery of Goods
7.1 Delivery of the Goods shall be made, subject
as provided below, to the
Buyer's address on the Delivery Date. The Goods
may be delivered in
advance of the Delivery Date upon the giving
of reasonable notice to the
Buyer. The Buyer shall make all arrangements
to take delivery of the
Goods whenever they are tendered for delivery.
Delivery dates given as
approximate will be delivered within reasonable
times to quotations given.
7.2 Delivery of Goods will be charged as per
quote unless stated otherwise.
7.3 Delivery of Goods on single driver vehicles
may need help from the buyer
to unload the goods off of the vehicles.
7.4 The Goods shall be delivered, subject to
clause 7.4.1 and 7.4.2 below,
between Monday and Friday (excluding public
holidays) between 8.00am
and 6.00pm.
7.4.1 For a specified date delivery the seller
will endeavour to complete the
delivery on the date given, deliveries can
be delayed due to circumstances
beyond the seller’s control.
7.4.2 Deliveries of any value on Saturdays
will incur a surcharge quoted upon
request.
7.5 In the event that the carriage company
is unable to deliver the Goods on
the Delivery Date due to the Buyers non-attendance
a redelivery charge
will be payable by the Buyer.
7.6 The Goods must be delivered to the Buyer
within 10 days of the Buyer
being notified by the Seller they are ready
for delivery failing which a
storage fee will be charged.
7.7 All Goods must be checked and signed for
by the Buyer by way of an
acknowledgement of delivery.
7.8 Any damage or discrepancies between the
Goods received and those
ordered must be reported to the Seller in writing
within 48 hours. Failure
to comply may invalidate any claim.
7.9 The Seller will not be liable for any charges
incurred in respect of trades
persons booked to coincide with the delivery
of the Goods and the Buyer
pre-books such persons entirely at their own
risk.
7.10 The provisions of this clause apply only
to delivery in Mainland UK. For
delivery outside this area please contact the
Sales Office.
8. Acceptance of the Goods
8.1 The Buyer shall be deemed to have accepted
the Goods 24 hours after
delivery to the Buyer.
8.2 After acceptance the Buyer shall not be
entitled to reject Goods which are
not in accordance with the contract.
9. Remedies of the Buyer
9.1 Where the Buyer rejects any Goods then
the Buyer shall have no further
rights whatever in respect of the supply to
the Buyer of such Goods or the
failure by the Seller to supply Goods which
conform to the contract of
sale.
9.1.1 All Goods returned to the Seller, for
incorrect orders or not suitable
products, will be liable to a re-stocking charge
equal to 30% of the retail or usual selling
price (7 day cooling off period granted on all stocked items)
9.1.2 The Goods shall not be returned to the
Seller without prior written
acknowledgement of the return.
9.2 Where the Buyer accepts or has been deemed
to have accepted any
Goods then the Seller shall have no liability
whatever to the Buyer in
respect of those Goods.
9.3 Except in the case of death or personal
injury caused by the negligence of
the Seller the Seller shall not be liable to
the Buyer by reason of any
representation or implied warranty condition
or other term or any duty at
common law or under the express terms of the
contract for any
consequential loss or damage (whether for loss
or profit or otherwise)
which arise out of or in connection with the
supply of Goods or your use
or resale of them except as expressly provided
in these conditions
9.4 The Seller shall not be liable to you or
be deemed to be in breach of the
Contract by reason of any delay in performing
or any failure to perform
any obligations in relation to the Goods if
the delay or failure was due to
any cause beyond the Sellers reasonable control,
namely, acts of God,
explosion, flood, tempest, fire or accident;
war or threat of war, sabotage
insurrection, civil disturbance or requisition;
acts, restrictions, regulations,
bye-laws prohibitions or measures of any kind
on the part of any
governmental parliamentary or local authority;
import or export
regulations or embargoes; strikes lockouts
or other industrial action or
trade disputes (whether involving any of the
Sellers employees or those of
a third party); difficulties in obtaining raw
materials, labour, fuels, parts or
machinery, power failure or breakdown in machinery.
9.5 The liability of the Seller will under
no circumstances extend beyond the
repair or replacement of the Goods
9.6 The Seller nor manufacturers do not accept liability for
any labour costs incurred in the
replacement of the Goods or damage to any property.
10. Basis of Sale
10.1 None of the Seller's employees or agents
are authorized to make
representations concerning the Goods unless
the Seller has confirmed
them in writing signed by an authorized signatory.
In entering into the
Contract you acknowledge that you do not rely
on and waive any claim
for breach of any such representations which
are not so confirmed.
10.2 If you follow or act upon any advice or
recommendation of the Seller, or
its agents, given to you as to the application,
installation or use of the
goods which the Seller has not confirmed in
writing you do so entirely at
your own risk and accordingly the Seller will
not be liable for any such
advice or recommendation which it has not so
confirmed.
10.3 The Seller shall be entitled to correct
without any liability any
typographical, clerical or other error or omission
in any sale literature,
quotation, price list, acceptance of offer,
invoice or other documentation
or information issue by the Seller
11. Proper Law of Contract
This contract is subject to the law of England
and Wales.
Waterprooftv.co.uk comply with all WEEE regulations for disposal of electronic equiptment, please visit www.environment-agency.gov.uk/weee for all information regarding these regulations.
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