North West Audio Services
Terms and Conditions
- (a) The conditions set out below are only terms on which we do business unless a variation is specifically agreed in writing signed by the proprietor of North West Audi Services. If a client or a prospective client wishes to negotiate a variation on conditions, either generally or in part, the request should be made by letter to the companies’ head office. By not sending such a letter the client or prospective client acknowledges that he or she accepts these conditions and that any standard terms which appear on any of their stationary shall be of no effect.
- (a) Payments against accounts become due in full no later fourteen days from invoice date. Unless otherwise agreed in writing the client should pay the company interest on all accounts at the rate of 3% per month above the current base rate from the day that payment was due until payment made in full.
- (b) The title to all goods or services sold by the company will remain vested in the company until payment has been made. At anytime at the company’s discretion the company may use its retention of title to recover goods not paid in full from a client or a third party. Should the goods not be available the company may claim other goods of similar value. On behalf of the company its servants or agents may enter upon the clients’ premises for the purpose of repossessing the goods to the same value as. If any money difference is left after the company has recuperated the amount outstanding the balance will be returned less costs.
- (c) Should default be made by the client in paying any sum due under order or contract the company shall be entitled to suspend supplies until default is made good, and recover any charges relating to the recovery of any moneys owed.
- (d) If the company owes any amount to the client in respect of any purchases whatsoever contra account transactions will not be accepted.
- (e) If the client is a limited company or other legal entity claiming limited liability and the client is unable to pay for the goods and or services supplied for any reason whatsoever, including insolvency, the directors or partners shall also become jointly severally liable for the debt.
- (a) Delivery terms quotes are subject to confirmation after order and are at times subject to unforeseen delays over which we have no control. The company whilst making reasonable effort to comply with the quoted date of delivery shall not be liable for any penalty, loss, damage or expenses directly or indirectly consequent upon any delay or failure in delivery or performance by the company or its agents or servants from any cause whatsoever nor shall such delay entitle the client to cancel any order, refuse to accept or repudiate any contract for work to be done.
5. Warranty and Liability
- (a) The company does not hold or warrant any goods or services as being fit for any particular, whether made known to the company or not and the client must not rely on the company’s skill or judgement in relation to the fitness of goods or services for any purpose. If the client requires assistance on the fitness of any goods or services for any purpose he should seek appropriate advice. The company’s staff are not authorised to express any opinion or make any representation as to the fitness of any goods or service for any purpose, and any such opinions or representation as may be expressed by them are not binding on the company.
7. Limitations of Liability
- (a) Subject to the conditions below the seller warrants that New Goods will be free from faulty or defective components and materials for a period of one year from the date of that purchase by a Consumer/End-user (during this period any defective part will be replaced free of charge). Repairs are warranted as free from recurrent defect for a period of 90 days from the date of repair.
- (b) The warranty is given to the seller subject to the following conditions:
- (1) The Seller shall be under no liability in respect to any defect or damage arising from fair wear and tear, negligence, abnormal working conditions, failure to follow the instructions (whether oral or in writing) misuses or alternation repair of the goods without the seller, approval [misuse includes repairs, servicing or alternations to the goods which are affected (at any time) by persons who are not employees or representatives of the Seller, certified installers or registered and approved engineers of the Seller (if in doubt to the status of any engineer the Buyer must check with the Seller) and also includes the fitting of parts not supplied or manufactured by the Seller or one of its authorised suppliers (if in doubt as to the status of any supplier the buyer must check with the Seller)];
- (2) The Seller shall be under no liability under the Warranty (or any other warranty, condition or guarantee) if the total price of the goods has not been paid by the due date for payment;
- (3) The warranty does not extend to parts, materials or equipment supplied or manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller;
- (4) The warranty will be of no effect unless the Warranty registration card is lodged with the Seller (at its registered office) within fourteen days from the date of purchase by a Consumer/End-user.
- (c) Save in the case of personal injury or death by the negligence of the Seller, the Seller shall not be liable for any loss, damage or injury whether direct, indirect or consequential (including loss of profit, business or contacts) to the buyer (or to any other person) or any property of such persons caused by arising out of or connected with the Goods and or Services supplied by the Seller.
- (d) Subject to the statutory rights of Consumers not being affected and subject to statue and save where otherwise provided in these Conditions all conditions, warranties and undertakings (whether expressly or implied applicable by virtue of common law or statue) in relation to the sale of Goods are hereby expressly excluded.
- (e) Any claim whether relating to the Warranty or otherwise by the Buyer which is based on any defect in the quality or conditions of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the buyer) be notified to the seller within 2 weeks from the date of the delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure, and the buyer shall be bound to pay the prices as if the Goods had not been delivered in accordance to the Contract.
- (f) In the event of the Buyer making unjustified complaints then the Seller reserves the right (at its absolute discretion) to invoice the Buyer in respect of investigation costs.
- (g) Any warranty work will only be carried out at the company registered office address or at the company’s authorised installer address or at a location approved in writing by the company.
- (a) If the company carries out any work at the request of the client the company’s liability for any failure or breach of contract will be limited to the invoice cost of work.
9. Buyers obligation
- (a) Orders placed with the company cannot be cancelled except with the company’s written consent and on terms which will indemnify the company against any damage or consequential loss.
10. Performance of contract
- (a) The goods are sold for use in accordance with the instructions provided by the Seller and in the case of any doubt as to the method or manner of the use the buyer must consult the Seller, it is the Buyer’s duty to ensure that the employees, agents and other personnel who will operate the goods are fully instructed as to their manner and method of use in accordance with the instructions.
- (a) In the event of the performance of any obligation accepted by the company being prevented, delayed or in any way interfered with by either
- (1) An act of god outbreak of war, either general or local riot or other civil commotion, strike, lockout, act or decree of any government or any other act, matter or thing beyond out reasonable control.
- (2) Non-delivery or non-performance by the company’s suppliers or damage, loss or destruction of the whole or part of the goods or work, the company may at its option suspend performance or cancel its obligation under the contract without liability for any damage or consequential loss resulting there from such suspension r cancellation being without prejudice to the company’s right to recover all sums owing to it in respect of consignments delivered, or collect and costs incurred to date.
- (3) By any cause beyond the company’s control.
- (a) The contract shall not be assigned by the client to any third party without the prior consent of the company.
13. Law and jurisdiction
- (a) The client is to indemnify the company against any claims whatsoever for damages and or costs against all liability in respect of any infringement of trade mark, patent right, copy rights, or any other intellectual property resulting from compliance with clients instructions expressed or implied.
North West Audio Services, Guy Blanchard
- (a) Subject to the above conditions the client shall not take legal action against the company.
- (b) The contract shall be governed by and constructed in all respects in accordance to English Law. The client on entering into the contract submits to the jurisdiction of the English Courts.
- (c) Should any condition or part thereof become unenforceable for any reason whatsoever this shall be without prejudice to the remainder of that condition and all other conditions and part conditions.
- (d) The condition headings are inserted for convenience only and shall not affect the construction of these conditions.