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| Definitions: |
| The Company: |
| Ahead Computers Ltd |
| 51 Constance Road |
| Sutton, Surrey, SM1 4QH |
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| The buyer/customer: |
The purchaser of computer components / services from Ahead Computers Ltd.
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Conditions:
The Company offers a one year Return To Base Warranty on all new products.
Should any products carry a manufacturers extended warranty period it is the sole responsibility of the buyer to liaise directly with the manufacturer of the product for full details of the warranty agreement should it be found to be faulty.
It is the responsibility of the buyer to return and collect goods to / from the Company's premises (see definition for The Company).
All products advertised are subject to availability.
The Company reserves the right to charge carriage fees to the buyer in the returning / dispatching of goods.
Faulty goods received by the buyer are subject to the full terms and conditions outlined herein, and as such are still subject to carriage fees incurred during the returning and dispatching of replacement of goods.
Ahead Computers Ltd give no assurance as to the mutual compatibility of components sold on any single invoice.
All prices published by the Company are subject to VAT @ 17.5%. E & OE. Prices are subject to change without prior notice at the discretion of the Company.
In the case of consumer sales payment must be made in full before dispatch of any goods.
In the case of agreed credit account sales, payment is due in full on the terms of credit agreed which shall be due no later than the agreed duration of credit from the date of invoice (usually 14 days). Any failure to pay shall entitle the Company at its option to treat the agreed credit account contract as repudiated by the buyer or to delay the delivery of any outstanding goods until paid (in addition to any other remedy). Also the Company reserves the right to charge 3% above the National Westminster Bank base rate of interest on all aged invoices not settled within the agreed
terms of the buyers credit account.
Ahead Computers Ltd reserve the right to alter the agreed status & payment terms of any buyers account without agreement from or notice to the buyer and to demand payment in full at any time.
The Company remains the owner of all goods shipped to the buyer until the Company has been paid in full.
If any payment due under these conditions is overdue in full or in part the Company may, without prejudice to any of its other rights, recover and / or re-sell all the goods or any part of them and may enter the buyers premises by it's servants or agents to recover the goods and the buyer shall be liable for all the Companies costs of so doing.
If any act or proceedings shall be commenced in which the buyers solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable.
The Company reserves the right to decline service to any company or consumer.
Carriage fees are not included in any published prices. Prices are updated periodically and are subject to change without notice.
Except where the buyer is dealing as a consumer (as defined in the unfair contract terms act 1977, section 12 ) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the goods, whether implied by Statute, Common Law or otherwise are excluded and the buyer warrants that the buyer is satisfied as to the suitability of the goods for the buyers purpose.
The Company does not accept responsibility for the loss of any software or data stored on any system or storage media handed to the company for inspection, repair, upgrade or other.
The Company does not accept responsibility for any failures to the buyers components within its possession , unless these have been damaged by the Company.
The Company reserves the right to levy charges for any of the following services:
1. Inspection of any piece of computer equipment and installation / replacement of either software or hardware.
2. Use of credit / debit cards or rapid cheque clearance facilities.
3. Cancellation within 28 days of any computer system order confirmed via cleared funds payment or purchase order receipt.
4. Diagnosis and testing of any problems encountered with any piece of hardware or software.
5. Recovery of any hardware or software problems and backup of any data when requested by the customer.
The Company accepts the responsibility of incorrectly dispatched goods ( i.e. goods not matching the specification displayed on the accompanying Invoice) if notified to, and agreed by, the Company within 7 working days of receipt. The Company agrees to pay for the return postage and dispatch charges of the correct goods. The Company does not accept responsibility for any consequential loss to the customer during this period and offers no compensation for such.
In accordance with the Distance Selling Regulations, the following applies to all mail order and E-Commerce contracts:
The buyer is entitled to return the goods within 7 working days for a refund subject to the following:
It is reasonable for the buyer to open the outer packaging and inspect the goods. It is not acceptable to break any seals on the accompanying software or on the item itself.
Any software that forms a part of the goods (driver and software disks) if unsealed by the buyer; is exempt from the right to cancel and return the goods under the Distance Selling Regulations. However, if the goods are not as specified, advertised or faulty, then the buyer may still reject the goods under The Sales of Goods Act.
If the buyer properly rejects any of the goods in accordance with the Distance Selling Regulations within 7 working days in writing, the buyer shall nonetheless be responsible for the return cost of the goods.
If the returned goods received by the Company are not in a sellable 'as new' condition, then the Company reserves the right to make a charge for restocking and resale at a price that is less than that charged for the goods if sold as new. This charge will vary according to the condition of the returned goods.
Whether goods are returned in a saleable condition is to be judged by the Company.
The Company accepts no responsibility for any consequential loss caused to the buyer for the receiving of faulty goods. Faulty goods received shall be dealt with as outlined below.
Whilst every effort shall be made to keep any delivery date, time of delivery shall not be of the essence. The Company shall not be liable for any consequential loss incurred by the buyer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.
Unless otherwise agreed the Company may deliver by installments and in such case each installment shall be treated as a separate contact and any delay, default or non-delivery in respect of any installment by the Company shall not entitle the buyer to cancel the remainder of the Contract.
The Company cannot accept any returned goods found to fall into one or more of the following categories:
i) The goods are in some way physically damaged by the buyer.
ii) The warranty label is found to have been tampered with / torn.
iii) The goods are found not to have been sold to the customer by the Company.
iv) The goods are outside the suppliers (not manufactures) warranty limit.
v) The goods are without full retail packaging / documentation as originally supplied.
Returning of Software
Software titles purchased from Ahead Computer Ltd that are being returned must be unopened and still sealed in their plastic wrap.
Goods failing to be sealed by the original plastic wrap will be rejected.
Upon return of goods found to be faulty, the Company offers the following service to all retail customers (not resellers):
i) To return a working replacement of equal or better specification to the customer within 28 days of receipt of the faulty goods. If, after 28 days, a replacement can not be sent for whatever reason, a full cash refund will be given if requested.
Non-faulty items returned to our premises complete in the original packaging together with manuals and software disks within 7 working days of purchase (Goods must be sellable as new) in order to qualify for the following by the Company:
i) An immediate offer of a credit note for the full cash value (excluding any dispatch fees / credit card / express cheque clearance surcharge incurred)
ii) A cash refund subject to a 20% restocking fee (Min £5.00+VAT) of the full value of the goods (excluding any dispatch fees / credit card / express cheque clearance surcharge incurred).
Buyers returning non-faulty goods more than three days after purchase are offered credit note reimbursement or cash reimbursement at the discretion of the management.
Customers that qualify for free delivery will receive their goods normally within 2 days but please allow 3-5 days.
Except as may be implied by law where the buyer is dealing as a consumer, in event of any breach of these Conditions by the Company the remedies of the buyer shall be limited to damages which shall in no circumstances exceed the price of the goods and the Company shall under no circumstances be liable for any indirect, incidental or consequential damages.
These terms and conditions are subject only to U.K. law. |