• audio visual installation
  • audio visual installation
  • audio visual installation

Terms & Conditions of Sale

Definitions

In these conditions:-
“Seller”      Means Creative Audio-Visual Solutions LTD
“Buyer”      Means the person, firm or company placing an order with the Seller.
“Goods”     Means all goods and materials which are the subject matter of the Buyer’s order.

 

Formation of the Contract

There shall be no binding contract between the Seller and the Buyer until the Buyer’s order is accepted by the Seller.  All orders which are accepted are subject to these conditions of sale which shall apply to the exclusion of all other terms, including any standard terms of the Buyer.  Any purported variation, alteration or addition to these Conditions is inapplicable unless accepted by the Seller in writing.

Price

Unless otherwise agreed, the price of the goods shall be that given in the Seller’s current price list at the date of the Seller’s invoice.  The Seller shall be entitled to amend its price list at any time.  Unless otherwise agreed, prices quoted by the Seller are exclusive of delivery charges and are exclusive of Value Added Tax.

Payment

Unless otherwise agreed, payment shall be made no later than 7 days after the date of the agreed monthly payment deadlines (“the due dates”).  Without prejudice to the Seller’s other rights, the Seller reserves the right to charge £100 with interest to be added to any late payment from the due date for payment at the rate of 8% above the Bank of England Base rate until the agreed payment amount is received in full.

An invoice detailing any Penalty Charge will be sent out once the agreed payment has been cleared in the Seller’s account and payment of this invoice is due within 30 days.

Delivery

Times quoted for delivery are estimates only and are not guaranteed.  Time is not of the essence to delivery.  Without prejudice to the foregoing the Seller shall not be liable to the Buyer for any loss, loss of profit, damage, or expense whatsoever if the Seller is delayed or prevented from delivering the Goods or any part thereof or otherwise performing its contractual obligations due to any event or cause whatsoever beyond the reasonable control of the Seller.

Risk

The risk in the goods shall pass to the Buyer on delivery of the same to the Buyer or its representative or on collection of the same by or on behalf of the Buyer. The Buyer must have sufficient insurance in place to cover loss or damages to all goods after delivery.

Damage to Goods

The goods must be examined by the Buyer at the time of delivery or collection and signed for.  Any loss or damage to the goods or any part thereof must be noted against signature and must be notified in writing to the Seller within 24 hours of delivery or collection and any damaged Goods must be retained for inspection by the Seller or it’s carrier.  If the Buyer shall fail to give notice the said Goods shall be seemed to be in all respects in accordance with the contract and the Buyer shall be bound to accept and pay for the same accordingly.  If the Seller has agreed to deliver the Goods to the Buyer at a place other than the Buyer’s premises and the goods or any part thereof are lost or damaged in transit the Seller shall (subject to the Buyer having complied with its above obligations) either issue the Buyer with a credit note in respect or of replace free of charge the Goods lost or damaged.  The Buyer shall accept such credit note or replacement in full and final settlement and satisfaction of any and all claims which it may have against the Seller in respect of any Goods lost or damaged in transit and the Seller shall not be liable to the Buyer for any loss, loss of profit, damage or expense whatsoever arising from any loss or damage to the Goods or any part thereof in transit.

Returned Goods

When returning Goods from loan or from credit a discretionary re-stocking charge may be imposed.  The charge will vary according to the state and condition or the returned Goods and their packaging.  If the Goods are in poor condition or without original packaging the Seller has the right not to accept the return.

Property

Until full payment has been received by the Seller for the Goods, full legal and beneficial ownership in the Goods shall remain in the Seller.  Notwithstanding the foregoing the Buyer shall be at liberty to sell the Goods in the ordinary course of its business provided that the proceeds or any such sale shall belong to the Seller and the Buyer shall account to the Seller thereof on demand.  The Seller may by notice in writing revoke the Buyer’s power of sale if the Buyer shall default in the payment of any sum due to the Seller (whether in respect of the Goods or otherwise) or permit any encumbrance to take possession or a receiver to be appointed of any part of the assets of the Buyer or if a petition is presented or notice is given of a resolution to wind up or if a distress or execution is levied on or issued against any of the property of the Buyer or the Buyer makes any arrangement or composition with its creditors or commits any act of bankruptcy or is unable to pay its debts within the meaning of section 223 of the Companies Act 1948 or any statutory modification thereof.  Upon determination of the Buyer’s power of sale as aforesaid the Buyer shall place the Goods at the disposal of the Seller who shall be entitled to enter upon the premises of the Buyer or any other premises at which the Goods may be situated for the purposes of removing the same. The seller shall not be liable for any damage to property caused by removal of such goods that are installed.

Sellers Remedies

No relaxation, forbearance or delay by the Seller in enforcing any right as remedy which it may have shall prejudice, affect or restrict the rights of the Seller hereunder.

Proper use of Goods

The Buyer undertakes to use the Goods at all times in accordance with the instructions and methods (if any) and/or for the purposes recommended by the Seller.  Subject to the Buyer complying with the above undertaking if the Goods prove to be defective through no fault of the Buyer the Seller shall at its discretion either repair the defect in the Goods or replace the Goods free of charge.

Limit of Sellers Liability

All Goods are sold on the express understanding that repair or replacement in accordance with paragraph 11 above is accepted by the Buyer in full and final settlement of all and any conditions and warranties (except a warranty by the Seller that it has the right to sell the Goods) and of all and any claims whatsoever on the part of the Buyer (excepting only a claim in respect of death or personal injury caused by the negligence of the Seller) whether in contract or tort (including negligence) or otherwise and arising from any defect in the Goods or any part thereof.

Changes to Equipment and/or Requirements

Any changes to the original accepted scope of work must be confirmed in writing and accepted by all parties including a possible increase/decrease in original costing before work commencing.

Working Conditions / Safety

We require continuous and sufficient safe access to the site during the total installation period from the original agreed start date unless otherwise agreed. If additional installation time is required due to an un-agreed lack of access then additional charges may be incurred.

Likewise a permanent electrical supply is required on the site during the total installation period from the original agreed start date unless otherwise agreed.  If additional installation time is required due to an un-agreed cutting of power then additional charges may be incurred.

In the event of a cable or other item which has been installed by us during an installation or as part of a first fix being damaged, cut, irretrievably covered or made otherwise unusable by persons other than our employees or subcontractors then additional charges for installation and new cabling may be incurred.

Confidentiality, Intellectual Property and Data Protection

Each party shall treat the Contract and any information it may have obtained or received in relation thereto or arising out of or in connection with the performance of the Contract or its negotiation or relating to the business or affairs of the other as private and confidential and neither party shall publish or disclose the same or any particulars thereof without the prior written consent of the other or as may be permitted under the later provision of this Clause.

All intellectual property rights in all works or supplies provided under this Contract which are written or produced on a bespoke or customised basis, including, without limitation, all future such rights when the said works are created, shall be owned by the Buyer and the Seller shall ensure that it executes all documents necessary to effect such ownership. Where the Seller provides existing intellectual property right protected material to the Buyer under this Agreement it shall disclose this to the Buyer, warrants it the right to do so and shall fully indemnify and hold Buyer harmless against all loss or liability arising from any third party intellectual property rights claims arising both from such existing material and in relation to any such bespoke work. Except as provided above both parties retain ownership of their pre-existing intellectual property rights protected material.

Both parties shall ensure that they, their employees, agents and sub-Contractors shall observe the requirements of the Data
Protection Act 1998 and any amendments or revisions thereto in the provision and use of the subject matter of the Contract and personal data processed under it and shall comply with any request made or direction given to the other which is directly due to the requirements of such Act.

Governing Law and Jurisdiction

All contracts incorporating these Conditions of Sale shall be governed by and constructed in accordance with the laws of England and the Buyer agrees to submit to the non-exclusive jurisdiction of the English Court.