This Agreement should be read carefully as it contains the terms and
conditions which form a contract between AACC TV Limited (We, Us, Our, Ours)
and the customer (You, Your, Yourself)
All orders are subject to the following Conditions:
Ordering
You can order by phone, fax, post, online from our website or by email.
Payment
Payment is due at the time of ordering, unless specific other arrangements
have been made. Prices quoted are exclusive of VAT and are current. However,
we reserve the right to change prices without notice.
Ownership of the Goods
Ownership will only be transferred to you when you have paid cash or have
cleared funds in payment of all sums due to us in respect of the goods.
Until payment is made to us you must store the goods in a secure way. The
goods including the packaging must be kept in new condition and remain our
property until paid for in full. We retain full legal and beneficial title
to the goods and reserve the right at any time to require you to deliver the
goods to us and, failing to do so, we retain the right to enter your
premises or of any third party where the goods are stored and repossess the
goods.
Until payment is made you shall be entitled to sell the goods or incorporate
them into other products acting as our agents but then the title to the
goods shall remain with us, and you shall remain fully accountable for the
proceeds of the sale.
Description of Goods
We reserve the right to supply goods of substantially the same quality or
better than those described. The seller accepts no responsibility whatsoever
for the accuracy of data or the description of goods supplied in contract
tort or otherwise or for any damages or injuries arising directly or
indirectly from any errors or omissions. Electronic component data may be
derived from one of many manufacturers and data may vary from one
manufacturer to another.
Despatch of Goods
We despatch Goods by Carrier or Post to UK based customers. Exports are made
by prior arrangement. Delivery charges are calculated by weight of the goods,
distance of the delivery address and value of the goods.
Delivery time is not guaranteed and shall not form a basis of any agreement.
We shall use reasonable means to deliver by a specified date but shall be
under no liability whatsoever for delivery delays or their consequences,
however caused and you hereby waive irrevocably all your rights and remedies
(if any) in respect of any loss or damage suffered or incurred directly or
indirectly as a result of any late delivery of the Goods.
Export
Freight and insurance is charged extra. Please ask for a quotation. Payment
may be made by Credit Card, Debit Card, Bank Draft or TT. Details on request.
Additional charges bank charges may occur.
Returns
Other than goods returned under guarantee in accordance with our terms and
conditions, or for shortages or damages reasons, returns will require our
agreement and will only be accepted undamaged and in the original packaging.
A handling charge may apply.
Software may not be returned under any circumstances unless defective.
Distance selling is regulated by the office of fair trading. Non business
customers wishing to return goods under Distance Selling Act must do so
within seven days from receipt of the order, and must be pre-approved by us.
Goods will only be accepted under these terms if in original condition and
with original packing intact.
Shortages & Damages
Claims for shortages or damages must be notified to us within 7 days from
the date of delivery, giving full details.
Order Cancellation
Cancellation of an order can only be accepted by negotiation and agreement.
On no account can cancellation be accepted for special orders.
Guarantee
Unless otherwise stated, goods are guaranteed free from defect caused by
faulty materials or workmanship for a period of twelve months from the date
of despatch. Semiconductors and other sensitive devices are generally not
given a guarantee. Goods must be returned to us (return to base). The
customer must pay for the transport of the goods to us. We should be
notified promptly in writing upon discovery of faulty goods. Guarantee
claims must be made within 12 months from the date of despatch and
accompanied by proof of purchase (delivery note or invoice) and details of
the nature of the defect. We reserve the right to inspect, test and assess
the goods to confirm that the alleged defect has not been caused by other
factors than faulty materials or workmanship, such as neglect, misuse,
storage method, wrong installation, wrongful handling, testing, or repair,
by alteration or accident.
We are not liable under this Guarantee if:
The full price has not been paid for the goods.
Defects arising from fair wear and tear, wilful damage, negligence, misuse,
repairs without our approval, using the goods in an unsuitable way.
The guarantee shall not be affected by and no obligation or liability shall
result from providing technical advice or service in connection with your
order for the Goods.
Our liability under the Guarantee shall be limited to replacing, repairing
or issuing credit-notes.
Limitation of liability
All warranties, conditions or other terms whether express or implied by
statute or common law or otherwise are excluded to the fullest extent
permitted by law. In particular we make no representation or warranty that
the Goods are either of satisfactory or merchantable quality or fit for any
purpose or that they conform to any description. You acknowledge and agree
that you have used your own judgement in selecting the goods.
We exclude all liability for any loss, damage or expense howsoever suffered
or incurred by you as the direct, indirect or consequential result of the
goods either not being of satisfactory or merchantable quality, or fit for
any purpose, or conforming to any description and you hereby irrevocably
waive all rights which you may have in respect of such loss, damage or
expense and/or in respect of any breach or default of any warranty implied
by statute, equity or common law concerning the quality, fitness or
description of the goods.
The conditions do not apply where you deal as a consumer in accordance with
section 12 of the Unfair Contracts Terms Act 1977 and to the extent that
that such exclusion is not permitted in accordance with the provisions that
Act. Your statutory rights remain unaffected by anything in these Conditions.
Nothing in these Conditions shall limit our full liability in respect of
death or personal injury caused by our own negligence or under Part 1 of the
Consumer Protection Act 1987.
We shall not be liable for incidental or consequential damages for any
breach hereof, including but not limited to costs of removal and
re-installation of goods, loss of goodwill, loss of profits or loss of use.
Miscellaneous
Product design and specification changes may be made without notice. Goods
may be discontinued by the manufacturer, by the supplier or by us without
notice.
Specifications, data and descriptions are correct to the best of our
knowledge. All images are used for illustration purposes only. We shall not
be for any delay or failure to perform any of our obligations hereunder due
to circumstances beyond our control, including (without limitation) acts of
civil or military authority, national emergencies, fire or flood, acts of
God, war or riots, actions or omissions of third parties.
This agreement shall be governed by and in accordance with the laws of
England and Wales.