Definitions
1) In this contract the following expressions have the following meanings,
a. "the company" means Smart Tune.
b.
"the buyer/purchaser" means any person, sole trader, partnership,
business, body corporate or other entity. Where a person deals entirely
as a consumer, statutory rights shall not be affected. Where the term
buyer appears within these terms it shall mean both trade and consumer
buyer/purchaser unless specified as relating to a trade buyer or
consumer buyer individually.
c. "the goods" means the products detailed in the sales invoice/order form
d.
"price" shall mean the consideration due for purchase. The purchaser
should note that prices quoted may vary during the currency of brochures
(upwards or downwards) and current prices are quoted at the time of the
order. In respect of orders placed via the internet, these shall not be
accepted by us until confirmed.
General
2) Brochure
descriptions, web site information and samples on display are indicative
only and any specifications, weights, measurements and technical data
(whether relating to performance or otherwise) have been prepared by the
manufactures and are for guidance only and shall not form a description
within the meaning of Sale of Goods Act (as amended). Buyers are
therefore required to check current specification, colours, weights and
measurements with manufactures, prior to order, as no liability shall be
accepted by this company for any claim arising therefrom. Manufacturers
also reserve the right to amend specification, without notice, in order
to improve products or where amendment becomes necessary.
3) The
company reserves the right to amend technical or clerical errors in any
order without prior notice, in addition, the buyer shall ensure that
all details contained within the order are correct and no liability for
any error or inaccuracy shall lie with the company unless notified of
such error within 5 days of receipt of any documentation containing the
said error.
Guarantees
4) All guarantees for products
are provided entirely by the manufacturers and are subject to terms
contained therein. Purchasers are reminded to complete all warranty
cards/ documents upon receipt of goods where appropriate.
Limitations Upon Liability
5)
Advise given by agents or servants of this company during
telephone/internet orders or in writing is based entirely upon
information given by the purchaser with no inspection undertaken by the
company. No liability can therefore be accepted by the company for
incorrect advice given and all such advice should be checked by the
purchaser prior to order. Where advise is given after visual inspection
by agents or servants of the company, such advice shall amount to an
opinion only and the company shall not accept liability for any
inaccuracies. Additionally goods supplied are supplied only to
correspond for the purpose for which goods of that kind are commonly
supplied and not alternative uses to which they may be put. No liability
for failure can be accepted by this company for such alternative use,
amendment or modification.
6) For trade buyers the company is
hereby excluded from any liability, however arising ,in respect of any
express or implied condition, warranty or term, statement,
representation whether statutory or otherwise, relating to the goods
supplied. The trade buyer accepts that he is best placed to insure
against losses which arise by virtue of any breech of this agreement and
warrants that he carries adequate insurance in this respect.
7)
Where goods purchased by the buyer are alleged to be defective, the
purchaser agrees to return such goods to the seller for inspection
(without the seller replacing the said goods prior to such inspection).
The purchaser also agrees that it shall be reasonable for the seller to
inspect, repair or replace (at its discretion) such defective goods and
allow manufacturers to undertake such inspections so as to allow
production methods to be modified/improved. The purchaser also agrees
that is reasonable to inform the seller of any interruption, defect or
failure prior to contacting third parties or incurring expense and in
addition shall agree to allow the seller to remedy the defect, failure
or interruption at its discretion.
8) Parts modified or adapted
by the purchaser shall no longer be warranted by the manufacturer nor
shall the company be liable for any failures resulting from subsequent
modification.
9) Goods used for competitions are subject to
extreme heat and stress whilst in use. Life expectancy and durability
are greatly reduced and purchasers should note that any claim for
failure wear shall not be entertained by the company and it is agreed
that such use shall be a relevant circumstance for the Sale of Goods Act
1979 (as amended). In addition parts connected to parts supplied by
this company may be placed under stress where specialist/competition
parts are used, purchasers should take advice from experts prior to
purchase. Manufacturers may also limit the guarantee when components are
installed for competition use.
10) Where goods are defective,
incorrectly supplied, delayed or otherwise in breach of implied terms of
the buyers statutory rights, all losses which result from loss of
competition points, awards, loss of entry fees or other similar loss,
are excluded and shall not be reclaimable from the company. In addition
the company shall accept no liability for death or personal injury.
11)
No liability is accepted by the company where purchasers attempt to
modify or install components supplied where it is known or ought
reasonably to be known that the part supplied is incorrectly supplied,
defective or otherwise not in accordance with the order.
12) The
company accepts no liability in respect of failure to supply, caused by
matters beyond the reasonable control of the company, including strikes,
lockouts, civil disputes, acts of God, war actions or third parties.
Retention of title
13)
The company retains legal and beneficial title to the goods until the
company has received payment for the goods in full. The company reserve
the right to deal with its property in any manner it thinks fit and
shall be at liberty at any time to retake possession of the same or any
part thereof and for that purpose, the buyer irrevocably authorises the
company, its servants or agents to enter without notice into or upon any
premises of the buyer or premises of which the buyer has possession or
control, in addition the buyer irrevocably instructs all and any of its
servants or agents to deliver up such property in their possession or
under their control to the company or its servants or agents forthwith
upon demand being made by the company.
Payment
14) All goods shall be paid for in full prior to dispatch.
15)
The company reserve the right to claim back from the buyer any bank
charges resulting from returned payments from the bank/ building society
in addition if a buyer fails to make a payment then without prejudice
to any other rights the company shall be entitled to charge the buyer
interest (both before and after judgement) on the amount unpaid 2% above
HSBC bank plc base rate until the payment and interest has been paid in
full.
Delivery
16) Suggested delivery dates and
promises of delivery are made in good faith and every effort will be
made to keep delivery dates given but time and place of delivery shall
not be of the essence of this contract and the seller shall not be
liable for any loss due to delay or failure to deliver.
17) The buyer is required to notify the company of any shortage, damaged goods, non arrival or other discrepancy within 3 days.
18)
Where delivery is effected to the buyers own delivery contractor, loss
or damage in transit claims should be made directly to the carrier. The
company shall assist purchasers in making their claims.
Returns
19) Goods ordered in error by the buyer may be returned within 7 days of the despatch date provided
a.
the goods are in saleable condition i.e. the goods are in their
original packaging (without having been installed or used) and with all
relevant seals and closures intact.
b. the company is notified of the discrepancies within 3 days of the despatch date.
c. Special orders will not be eligible for return.
Jurisdiction
20)
This agreement shall be interpreted in accordance with English and
Welsh law and industry and custom practice, English and Welsh courts
shall have sole jurisdiction in respect of any dispute arising there
from. In respect of internet sales, jurisdiction or the agreement shall
be with English and Welsh law and it shall be deemed that any agreement
is made in Gwynedd, North Wales irrespective of any rule of contract
dictating otherwise.