All orders for goods accepted by Advance Technologies ("the Vendor") are accepted subject to the following conditions which shall form part and govern the contract of sale. Acceptance of goods shall be deemed to be acceptance of these conditions of sale. Any term sought to be imposed by a purchaser either in a document or otherwise that conflicts with or adds to these conditions is not accepted.
No agent or representative of the vendor has authority to vary these conditions unless accepted in writing by a director of Advance Technologies.
1 - Payment and Price
The vendor reserves the right to vary the quoted price of the goods by upward additions in accordance with the market conditions at the date of actual supply and the purchaser shall be informed in advance to pay such additions in addition to the quoted price. Price Lists do not constitute an offer.
All invoices are due for payment on the date shown on the invoice. Payment is to be made in sterling unless otherwise agreed in writing by a director.
All overdue accounts will be charged on a daily basis commercial interest at 5% above the base rate of Barclays Bank. Obtaining at the time.
2 - Availability of Goods
The vendor will use its best endeavours to comply with the date named for dispatch or delivery which date is given and intended as estimate only and is not to be the essence of contract. If owing to non - availability of the goods or any other causes beyond the vendor's control, the vendor shall be unable to effect delivery hereunder it shall be at liberty to determine the contract or part thereof by giving notice in writing to the purchaser.
3 - Property and Risk
For so long as any amounts remain owing from the purchaser to the vendor (whether immediately due or not) 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. In the event of the purchaser reselling the goods, if the vendor has not received all amounts owing to it the purchaser shall account to the vendor for the proceeds of any such sale and meanwhile will hold all proceeds of such sale of such goods upon trust of the vendor until the vendor have received such amounts in full. The vendor shall have the right to trace all proceeds in accordance with the principals of R. v. Hallets Estates 1880 13CH.D96. At any time after the due date for payment from the purchaser to the vendor, and so long as such amounts have not been received by the vendor in full, the vendor at the purchaser's expense shall have the right to enter the purchaser's premises and remove there from all the goods which remain the property of the vendor.
4 - Design Variation
We may deliver goods of a different description or specification from that agreed and as may be required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the goods 'This does not affect your statutory rights'.
5 - Claims
No liability for any claim for damage or non-functionality shall be accepted unless the purchaser notifies the vendor in writing or by telephone within a reasonable time.
No liability for any claim for missing items such as manuals, etc shall be accepted unless the purchaser notifies the vendor in writing within a reasonable time after delivery in any case being.
No liability for any claim will be accepted in the case of goods differing in quantity or descriptions from the purchaser given on the delivery note unless the vendor is notified in writing or by telephone by the purchaser within 7 days of delivery and the onus is on the purchaser to prove any shortage.
In the case of active third party on-site maintenance contracts, the purchaser accepts an obligation to use the services of the contracted third party to resolve claims under clause 5(a).
In the case of manufacturers who operate direct product support and returns procedures, the purchaser has the option to process their claim directly through the manufacturer.
6 - Guarantee
The Purchaser shall, unless otherwise, in writing, be responsible for all carriage, telephone, postal and other incidental charges incurred during the guarantee period. All goods are guaranteed if delivery is made via our official courier. All Goods received in a bad condition by the couriers should be reported within 24hours and should be signed (received in bad condition). Goods are not guaranteed if they are delivered via Royal Mail. The Purchaser can arrange for collection of goods through their own choice of courier with their own specified guarantee since Advance Technologies , will not cover any consequential losses if this is arranged.
7 - Distance Selling Regulations
In accordance with the Distance Selling Regulation, the customer has the right to cancel an order within one week (7 working days) of delivery providing he has proof of delivery. In accordance with legal provisions personalised items, unsealed software or audio and products containing an activation key are exempt. The customer is expected to take good care of all items and not use them, any goods not returned in an 'as new' condition may be refused or involve extra costs in making the goods 'as new'. In order to meet the 1 (one) week deadline, mailing the cancellation notice within that time frame is sufficient. Please, always refer to and include the order number. The cancellation must be put in writing and must be forwarded to Returns Department, Advance Technologies, 40 Tweedale St , Rochdale, Lancashire , OL11 1HH by mail or e-mail to firstname.lastname@example.org. When returning non-faulty goods under the Distance Selling Regulation delivery costs may not be refunded, if the customer wishes Advance Technologies to collect the goods the costs incurred shall also be deducted from any refund. Please note that you have no right to return goods under the Distance Selling Regulations if you are a business customer. All refunds will be processed within 30 days from when you notify us of cancellation of the order. However, we are usually able to issue refunds within 5 - 7 working days from when the goods have been returned to our warehouse.
8 - Returned Goods
The vendor will not accept goods for credit or rectification unless such return has been authorised by the Return Department and a RMA number has been issued, and the goods are received by the vendor in stock condition, with original packaging, manuals, software & driver disks and the vendor reserves the right at its sole discretion whether to accept the return of the goods or whether to rectify the goods or whether to issue a credit note in respect thereof. The vendor reserves the right to charge a restocking fee on goods returned for credit which are not faulty & not in stock condition, with the exception of Swegway boards / Hoverboards
The purchaser shall unless otherwise stated be responsible for the cost of outward and return carriage and insurance of all goods returned by the purchaser to the vendor for service or credit which goods shall be at the risk of the purchaser until actual receipt of the goods by the vendor. The onus of proof of safe delivery shall rest with the purchaser.
All items returned to the vendor by pre-arrangement and found to contain no fault, will be subject to a 25% restocking charge, provided the goods are in original stock condition. Any downward variation of this restocking charge shall be at the sole discretion of the vendor.
A £10 +VAT Service charge will be applicable if No Fault Found.
No credit shall be allowed for goods until they have been received complete.
A Full Credit will only be given on items returned within 7 Days from Purchase.
If a credit is to be given, the original carriage charge will not be refunded / credited.
9 - Consequential Loss
Our liability to you for any breach of contract or negligence shall be limited to the price of the goods together with any expenses incurred by you in notifying us and returning the goods to us. We shall not be liable for any consequential loss including without limitation any loss caused by interruption of your business, loss of electronic information or physical damage to property and whether directly or indirectly caused by any breach of contract or by negligence by us or by any servant or agent of ours.
10 - Total Care Support Packages
The 3-year parts warranty segment of the Advance Technologies Total care package; simply works for the complete 12 payable months of the plan, if you choose not to take the annual renewal of the care package the 3 year parts segment will expire at the end of the 15th month, this then will only give you 90 coverage after your plan has ceased. For further details please contact our sales department at email@example.com
11 - Your right of cancellation
The rights of cancellation set out below apply to any agreement between you and us save insofar as the agreement is in respect of computer software if it is unsealed by you.
You have a right to cancel the agreement at any time before the expiry of a period of 7 working days beginning with the day after the day on which you receive the goods.
You may cancel by giving us notice in any of the following ways:
1. by a notice in writing which you leave at our address (40 Tweedale Street, Rochdale, OL11 1HH);
2. by a notice in writing which you send by post to our address (40 Tweedale Street, Rochdale, OL11 1HH);
3. by facsimile to our business facsimile number (0871 811 8113);
4. by electronic mail to our electronic mail address (firstname.lastname@example.org);
and the notice shall operate to cancel the agreement between us.
If you cancel the agreement :
1. you must return the goods to us at the address given above ;
2. the goods must be returned to us complete (packaging, manuals and any other ancillary components or documents) ;
3. you are responsible for the cost of returning the goods to us at the address given above ;
4. you are under a duty to take reasonable care of the goods (including reusable packaging, manuals etc) until they are returned to us ;
5. you are under a duty to take reasonable care to see that they are received by us and not damaged in transit ;
6. we will reimburse any sum paid by you or on your behalf under or in relation to the agreement including the costs of carriage and any insurance which you directed us to incur.
7. we will charge you the direct costs to us of recovering any goods supplied by us if you fail to return the goods to us.
12 - Our right of cancellation
If for reasons beyond our reasonable control, including but not limited to an inability or failure on the part of the manufacturers or suppliers of the goods to supply the goods to us, we are unable to supply the goods to you, we may cancel the agreement at any time before the goods are delivered by giving notice to you. We shall promptly repay to you any sums paid by you or on your behalf under or in relation the agreement. We shall not be liable for any other loss or damage whatever arising from such cancellation.
13 - Law
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.
This contract is and shall be deemed to have been made in England and shall in all respects be governed by English Law.
In respect of consumer sales only, statutory rights are unaffected by these terms and conditions.