AIT/SAIT TapesUpon entering into a contract of supply with ASW Data Media Ltd these Terms and Conditions will apply regardless of any terms the Purchaser may wish to impose.
1.) Payment
(a) The vendor reserves the right to vary the quoted price for the goods in accordance with market conditions and force Majeure, at the date of actual supply and the purchaser pay such additions to the quoted price or cancel order prior to delivery in such case. Price lists do not constitute an offer.
(b) Payments on account will result in the issue of an invoice; all invoices are due for payment within 30 days. Credit Card payments must be made with a valid card and the person must be authorised to do so.
(c) Overdue invoices will be charged on a daily rate at Lloyds TSB base rate plus 5 percent.
2.) Availability
The vendor will use its best endeavours to comply with the requested dispatch but this is an estimate and is NOT to be the essence of the contract. If owing to non-availability of the goods or any other causes beyond the vendor's control, the vendor shall be unable to deliver the, it shall be at liberty to determine the contract or part thereof by giving notice in writing to the purchaser.
3.) Property and risk
As long as any amounts remain owing from the purchaser to the vendor title to the property of the goods shall remain in the vendor and ownership will not pass to the purchaser until the vendor has received payment in full on all outstanding items, whether due or not. At any time after the payment due date to the vendor, and as long as such amounts have not been received by the vendor in full, the vendor shall have the right to enter the purchasers premises and remove therefrom all goods which remain property of the vendor.
4.) Design Variation
Whilst the vendor makes every effort to ensure that goods supplied correspond with the sample, specification and or description provided as the case may be, the vendor is not responsible for the minor variations, and no such minor variations shall entitle the purchaser to rescind the contract or shall be subject of any claim against the vendor by the purchaser.
5.) Claims
(a) No liability for any claim for damage or non-function shall be accepted unless the vendor is notified in writing by the purchaser within seven days of delivery.
(b) No liability for any claim for missing items such as manuals etc. unless the vendor is notified in writing by the purchaser within seven days of delivery.
(c) No liability for any claim will be accepted in the case of goods differing in quantity or description from the particulars given on the dispatch/delivery note unless the vendor is notified in writing by the purchaser within seven days of delivery proving any variation.
(d) In the case of manufacturers who operate direct product support and returns procedures, the purchaser accepts an obligation to process their claim directly through the manufacturer.
6.) Guarantee
(a) The purchaser shall, unless otherwise stated in writing be responsible for all the carriage, telephone, postal and all other incidental charges incurred during the guarantee period.
(b) Where a guarantee includes repair performed on the purchaser's premises, commonly know as 'on-site-maintenance', this shall not apply outside the mainland of Great Britain.
7.) Returned goods
(a) The vendor will NOT accept goods for credit or rectification unless such return/s has been authorised by Andy Gonzalez (Director) and the goods are received by the vendor in stock condition, with original unopened packaging and the vendor retains its sole discretion whether to accept the return of goods or whether to issue a credit note in respect of, minus a minimum 20 % re-stocking fee.
(b) The purchaser shall be responsible for the cost of outwards and return carriage and insurance of all goods returned by the purchaser to the vendor or service or credit which goods shall be at the risk of the purchaser until actual confirmed receipt of the goods by the vendor. The onus of proof of safe delivery shall rest with the purchaser.
(c) All items returned to the vendor by prearrangement and found to contain no fault may be rejected back to the purchaser or be subject to a 20% restocking fee (minimum £20.00) restocking charge, provided the goods are in original unopened stock condition.
(d) No credit shall be allowed for goods until they have been received complete and the Vendor has agreed to accept the goods back.
8.) Consequential loss
The extent of the vendor liability to the purchaser for any default or breach whatsoever and however arising shall in no case exceed the invoice value of the goods and the vendor shall in no circumstances whatsoever be liable to the purchaser in respect of any loss or damage whether suffered by the purchaser or any customer of the purchaser and whether direct, indirect, consequential or however else arising.
9.) Law
(a) If any part of these terms and conditions shall be found to be unlawful it shall not affect the validity or enforceability of the remainder of the conditions.
(b) This contract is and shall be deemed to have been made in England and shall in all respects be governed by English Law.
The Consumer Protection (Distance Selling) Regulations 2000
Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the ASW Data Media Ltd website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 ('the Regulations').
If the Regulations apply, Customers may cancel goods purchased from ASW Data Media Ltd by sending a written notice of cancellation by post or hand delivery addressed to Customer Services at 20 Marlborough Road, Dorking, RH4 2DJ, Fax 0870 236 0367.
The notice of cancellation must be delivered within 7 working days of the day after date of delivery of the goods.
The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to ASW Data Media Ltd the Customer is under a duty to make the goods available for collection at the Customer's expense from the address to which they were delivered.
The Customer is under a duty to retain possession of the goods whilst awaiting return to ASW Data Media Ltd and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.
This statutory right applies to all of our products except for digital items where the item has been downloaded. We also regret that we cannot accept cancellations of contracts for the purchase of software products where the product box has been opened.
