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Terms & Conditions
General
1. In these Conditions of Sale:
"The Company" means Avondale Systems Ltd "The Buyer" means the person, firm
or company ordering or buying goods from The Company. "The Goods" means The
Goods the subject matter of the relevant order or contract for sale.
2. No contract in respect of The Goods between The Company and The Buyer shall
exist until The Buyer's order has been accepted by The Company. In the event
that The Buyer's order seeks to make the sale subject to terms different from
these conditions, acceptance of The Buyer's order by The Company (whether or not
such acceptance is effected by formal order acknowledgement) shall be deemed to
be a fresh offer by The Company on the basis of these conditions. In which event
(unless these conditions are accepted by The Buyer prior to delivery) acceptance
of delivery of The Goods by The Buyer shall constitute acceptance of The
Company's offer and the Contract of Sale shall be formed at that moment. No
conditions or terms stipulated in any other communication or document shall vary
or annul any of those conditions except insofar as the same are expressly
consented to in writing by The Company.
Price
3. Quoted prices include the cost of normal packaging but exclude delivery,
transit insurance (which are charged extra at cost) and VAT.
4. The prices for The Goods shall be those ruling at the date of despatch and
The Company reserves the right to amend its quoted prices at any time prior to
the date of despatch.
Despatch and Payment
5. Unless otherwise specified the price quoted is packed ex our stores. An extra
charge will be levied to cover delivery and insurance costs. A charge may be
made to cover any extra costs involved for delivery to a different address.
Credit Policy and Payment Information
6. We are pleased to offer credit terms to qualified parties. Our credit terms
are 30 days from date of invoice. Statements are sent out at monthly intervals.
Accounts with overdue balances will be placed on credit hold. This means that no
further goods will be shipped and all support and warranty services withdrawn
until the account is brought into order. Repeated failure to keep to our credit
terms may result in the permanent loss of credit facility.
Retension Of Title
7. The Company and The Buyer expressly agree that until The Company has been
paid in full for The Goods comprised in this or any other sales contract between
them and all outstanding amounts due to The Company from The Buyer or any
associated or subsidiary or holding company of The Buyer or from any director or
shareholder of The Buyer or any other such company:
(a) The Goods shall remain the property of The Company and The Buyers, as bailees of them for The Company, will store the same for The Company in as
proper manner without charge and in such a way that The Goods are clearly
identified as being the property of The Company, notwithstanding that the risk
therein shall pass to The Buyer as provided herein.
(b) The Buyer has the right to dispose of The Goods in the course of its
business for the account of The Company and to pass good title to The Goods to
their customers being bona fide purchasers for value without notice of The
Company's rights.
(c) in the event of such disposition The Buyer or its Director(s) (if a Limited
Company) has the fiduciary duty to account to The Company for proceeds thereof
but may retain therefrom an excess of such proceeds over the amount outstanding
to The Company under this or any other sales contract between them and for all
outstanding amounts due to The Company from The Buyer or any associated or
subsidiary or holding company of The Buyer or from any director or shareholder
of The Buyer or any other such company.
Risk
8. Notwithstanding the preceding condition, all risk in respect of The Goods
shall be assumed by The Buyer upon delivery of the same to him.
Buyer's Property
9 (a) The Buyer's property and all property supplied to The Company by or on
behalf of The Buyer shall, while it is in possession of The Company or in
transit to or from The Buyer, be deemed to be at The Buyer's risk and The Buyer
shall insure accordingly.
(b) The Company shall be entitled to make a reasonable charge for the storage of
any of The Buyer's property left with The Company before receipt of the order or
after notification to The Buyer of completion of the work.
Loss or Damage in Transit or non Delivery
10. The Buyer shall examine The Goods immediately they are delivered to him. The
Company reserves the right to reject claims in respect of shortages or damage in
transit or non-delivery of The Goods, or in the case of non-delivery 7 days
after the due date for delivery.
Late Delivery
11. Whilst The Company will use its best endeavours to deliver The Goods in
accordance with The Buyer's requirements, The Company will not be liable for any
consequences of late delivery howsoever caused.
Defective Products
12. (a) The Company's liability (both in contract and in tort) in respect of
defects in The Goods shall be limited to the replacement of faulty items or
material, or the issue of credit notes in respect thereof, or the granting of a
refund or such other compensatory measures as The Company at its discretion
considers appropriate in the circumstances. Such measures shall relate only to
the actual faulty items or their value, and The Company shall not in any
circumstances be under any liability to The Buyer in respect of indirect or
consequential loss or damage, or loss of profits, sustained by The Buyer
Provided, always that these conditions do not exclude or restrict The Company's
liability for death or personal injury arising from its negligence.
(b) A returns authorisation number (RMA) must first be obtained from our
customer service department. Returned goods must be accompanied by a copy of the
original invoice relating to their purchases.
(c) Goods returned must be in the original packaging and in a clean
resaleable condition. Goods returned otherwise will, at our discretion, either
be refused or a further additional restocking fee charged to cover the
additional costs involved. Goods returned for repair under warranty, must be accompanied by a
copy of the original invoice, or must quote the original invoice number and date
of purchase. Before returning items, please contact us for authorisation to
return items -a discussion of the problem may assist in rectifying faults before
goods are returned! It is your responsibility to ensure that any goods returned
are properly insured. We will not be responsible for goods returned to us that
are lost in transit. This document does not in itself constitute an offer for
sale. We reserve the right to vary the specification of any item, withdraw,
modify, or amend any item without prior notice. Prices quoted are current trade
prices. Prices of imported goods are subject to variances in exchange rates, and
in consequence prices will be those holding at the time of delivery. Please
telephone us should you wish to confirm current price.
Export Control
13. The Buyer shall not resell outside the UK any of the Products covered by the
Export of Goods (Control) Order 1987 (or any re-enactment thereof) or the Export
Administration Act 1979 (as amended) of the USA (or any re-enactment thereof)
without obtaining all necessary licences thereunder and will not resell such
goods within the UK to a purchaser knowing (or being given reasonable grounds to
suspect by the purchaser) that the purchaser intends to export such goods
without first obtaining either such licences or a copy of such licences obtained
by the purchaser.
Force Majeure
14. The Company reserves the right to cancel, vary or suspend the operation of
contract of sale if events occur which are in the nature of force majeure
including (without prejudice to the generality of the foregoing) fire, floods,
storm, plant breakdown, strikes, lock-outs, riot, hostilities, non-availability
of materials or supplies or any other event outside the control of The Company;
and The Company shall not be held liable for any breach of contract resulting
from such event.
Cancellation
15. The Company may withhold or cancel further or any deliveries under the
contract of sale and may recover all losses resulting thereto, if The Buyer:
(a) fails to make payment on the due date under any contract with The Company,
or
(b) enters into a composition with its creditors, or (being a company) has a
receiver appointed or passes a resolution for winding up or if a Court shall
order it to be wound up, or commits an available act of bankruptcy, or
(c) is in breach of any of the items and conditions contained herein
(notwithstanding that on a former occasion or occasions it has waived its
rights).
The exercise of rights under condition 16 shall be without prejudice to The
Company's other rights of remedies.
(d) As a consumer, you have the right to cancel your order under the following
circumstances:
(i). in the case of goods, from the date of the contract and up to 7 working
days, starting from the day after you receive the goods
(ii) in the case of services, up to 7 working days from the day after the
conclusion of the contract
Applicable Law
16. These Terms and Conditions shall be governed by and construed in accordance
with the laws of England and any disputes will be decided only by the English
courts.
Statutory Rights
17. Your statutory rights are not affected.
Returns Policy
(a) The Company's liability (both in contract and in tort) in respect of
defects in The Goods shall be limited to the replacement of faulty items or
material, or the issue of credit notes in respect thereof, or the granting of a
refund or such other compensatory measures as The Company at its discretion
considers appropriate in the circumstances. Such measures shall relate only to
the actual faulty items or their value, and The Company shall not in any
circumstances be under any liability to The Buyer in respect of indirect or
consequential loss or damage, or loss of profits, sustained by The Buyer
PROVIDED, always that these conditions do not exclude or restrict The Company's
liability for death or personal injury arising from its negligence.
(b) Before an item can be returned, a returns authorisation number (RMA)
must first be obtained from our customer service department. You will first need
to complete the online RMA form (below). Returned items must be accompanied by a
copy of the original invoice relating to their purchases.
(c) An Administration and Re-stocking fee will be charged for all
returned items that are NOT deemed to be Dead on Arrival (D.O.A.), or faulty. If
an item has NOT been removed from the manufacturer's box, and the manufacturer's
seal is un-broken, the fee will be 30% of the Sell price plus delivery charge of
the items, or £30.00 - whichever is the greater. If the item has been removed
from the manufacturer's box (i.e., the manufacturer's seal has been broken), the
fee will be 35% of the Sell price plus delivery charge of the items, or £30.00 -
whichever is the greater - regardless of whether or not the item has been used.
(d) All requests to return items, whether they be unused, damaged or
delivery shortages, must be made within 48 hours of receipt of the items,
otherwise the delivery shall be deemed accepted by the customer.
(e) Serial numbers on the item being returned must be the same as the
serial number of the item that was delivered.
(f) All items being returned under our RMA number must be received by us
within 10 days from the date of the request for an RMA. Failure to comply will
result in the items being rejected by us and returned to the customer.
(g) It is the responsibility of the customer to arrange and pay for the
return of the items to us when said items are not deemed to be D.O.A. or faulty.
(h) Items returned must be in their original packaging and include all
accessories supplied originally with the item, e.g. Manuals, cables, software.
Items must be in a clean, resaleable condition. Items returned otherwise will,
at our discretion, either be refused or a further additional restocking fee
charged to Cover the additional costs Involved. Goods returned for repair
under warranty, must be accompanied by a copy of the original invoice, or must
quote the original invoice number and date of purchase. Before returning items,
please contact us for authorisation to return items -a discussion of the problem
may assist in rectifying faults before goods are returned! It is your
responsibility to ensure that any goods returned are properly insured. We will
not be responsible for goods returned to us that are lost in transit. This
document does not in itself constitute an offer for sale. We reserve the right
to vary the specification of any item, withdraw, modify, or amend any item
without prior notice. Prices quoted are current trade prices. Prices of imported
goods are subject to variances in exchange rates, and in consequence prices will
be those holding at the time of delivery. Please telephone us should you wish to
confirm current price
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