Terms & Conditions
Terms & Conditions
1. These terms are to govern any contact between ClearView Communications Ltd (hereafter called The Company) and the Buyer and shall prevail over any terms put forward by the Buyer unless the Company expressly agrees to them in writing. No conduct by the Company shall be deemed to constitute acceptance of any terms put forward by the Buyer.
2. No employee or agent of the Company has authority to vary these terms orally. No addition to or variation of these terms is binding on the Company unless agreed in writing by a director of the Company.
3. All orders are accepted for execution at prices current at the date of despatch or for a period as stated on a Company quotation. A charge for carriage will be made. Orders sent in confirmation of telephoned instructions should be clearly marked “confirmation”.
4. otherwise the Company will accept no responsibility for duplication of despatch. In the event of such duplication orders will be accepted back for credit, provided that all product packaging remains unopened and goods received by the Company in “as new” condition, but will be subject to a standard goods handling charge of 15% or £10.00 which ever is the greater. A Higher charge may be made if the product packaging is opened.
5. In the event of any variation or suspension of orders through the Buyer’s instructions or lack of instructions, prices may be increased to cover any extra expenses thereby incurred by the Company. Quoted prices do not include packing and carriage. Valued added tax will be added at the current rate to all domestic ( UK ) sales invoices.
6. Cancellation of an order may be accepted or refused at the discretion of the Company and such acceptance shall be subject to payment by the Buyer of a cancellation charge representing the Company’s loss of profit on the transaction together with any administration costs involved. Cancellation charges total a minimum of 50% of the order value.
7. Where orders are placed for delivery in more than one consignment in a period not exceeding six months, then the best rate of quantity discount available will be applied to all the deliveries. Such discount rates as are applicable shall be notified to the Buyer at the appropriate time. If the order is at any time reduced or cancelled, and if this reduction or cancellation is such that it brings the order below the discount applicable to the larger order, then the Company reserves the right to issue a supplementary invoice reflecting the reduced rate of discount applicable to the actual order taken.
8. Any items quoted for despatch are to be treated as estimates only. Whilst every endeavour will be made to meet these estimated times for despatch the Company shall not be liable for failure to despatch within the time quoted.
9. Where credit terms are allowed, terms of payment are strictly nett and payable within 30 days of the invoice date. The Company reserves the right to charge interest at 8% above base rate per month on all overdue accounts. Goods will not be despatched to a Buyer whose account is in default until such time as payment has been received. If legal action is taken to recover monies due to the Company then the Company reserves the right to charge the Buyer an administration charge. If shipments are made in instalments, each instalment shall be invoiced separately and paid for when due, without regard to other shipments.
10. The goods remain the property of the Company until the Buyer has paid all sums due to the Company on any account whatsoever.
11. In the case of defects or faulty workmanship in products supplied by the Company, the Buyer’s remedy against the Company, shall be limited to that available to and received by the Company under any guarantee or warranty given to the Company by the manufacturer or supplier thereof and the Buyer shall accept the Company’s best endeavours to secure all benefits thus available in substitution for and to the exclusion of any claim or remedy which might otherwise be available to the Buyer. All products manufactured by the Company carry a twelve month guarantee against faulty parts or workmanship. The Company reserves the right to make repair, replacement or give credit to the value of the purchase price, at our own option. All items which are the subject of a warranty claim must be returned freight prepaid to our Chelmsford UK offices, with details of the invoice covering the purchase and a description of the problem.
12. Any damage to goods in transit should be notified and a claim made on the carrier within two days of receipt. Packing and contents should be held for inspection. The Company should also be notified at the same time. If the goods are not received by the Buyer within six days of the date of the invoice carrier the Company should be informed at once.
13. The Seller will not be liable to compensate the Buyer for any loss of anticipated profits, damage to the Buyer’s reputation or goodwill, loss of expected future business, damages costs or expenses payable by the Buyer to any third party, or any other indirect or consequential losses.
14. The Buyer must inform the Company in writing within seven days of delivery of goods of any discrepancy or damage. The Company will not be liable for rectifying any discrepancy or damage if notification is made more than seven days after delivery.
15. Goods correctly supplied in accordance with a Buyers instructions should not be returned without the Company’s written consent. A returned goods handling charge of 15% or £10.00 which ever is the greater will be made, subject to the conditions laid out in the section entitled ”orders” above. Where goods are alleged to be not in conformance with the published specification, full details must be given. Credits or replacements will not be issued until defects have been admitted by the manufacturer. In no circumstances will goods that have been used be considered for credit.
16. The Buyer assigns or agrees to assign to the Company any design rights in the goods, which arises as a result of the performance of the Company of this contract.
17. The Specification and design of the goods (including copyright, design right or other intellectual property in them) shall as between the parties be the property of the Company. Where any designs or specifications have been supplied by the Buyer for manufacture by or to the order of the Company then the Buyer warrants that the use of those designs or specifications for the manufacture, processing, assembling or supply of the goods shall not infringe the right of any third party.
18. Products offered for sale may be the subject of patents or other legal protection. Products designed by the Company are supplied on the understanding that they are not copied as the design is the property of the Company. The Buyer has no legal rights to the designs employed and only the Company can exploit these rights. The Company maintains full copyright in respect of all the Company documentation, and whole or partial reproduction without our written consent is prohibited.
19. While specifications are believed to be correct at the time of going to press, all products and product ranges are subject to manufacturer’s policies of “continuous improvement”, and are liable to alteration without notice.
20. The Company shall not be liable for any delay or failure to perform any of its obligations hereunder if the delay or failure is caused by circumstances outside the reasonable control of the Company.
21. The conditions and the contract to which this document relates, shall in all respects be construed and operate in accordance with English Law. These conditions do not reduce or diminish any statutory rights or duties under the Sale of Goods Act (1979) and Supply of Goods and Services Act (1982) or Common Law Rights of either party. All contracts concluded with the Company shall be governed by English Law.