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Terms
& Conditions
Definition
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"the
Company" means Rock Group PLC of 1 Collins Road, Heathcote
Estate, Warwick, CV34 6TF
" the goods" means those goods specified on a
purchase order placed by the Customer or shown on the despatch
note
" the Customer" means the person or persons who
has bought or agreed to buy the goods
" the price" means the price of the goods and/or
services specified on a purchase order or invoice
" the contract" means the contract between the
Company and the Customer for the sale and purchase of the
goods and/or services. |
General
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2.1 |
No
contract shall be deemed to have been made until the Company
accepts an order placed by the Customer |
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2.2 |
These
terms and conditions will prevail over any terms and conditions
proposed by the Customer |
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2.3 |
No
variation shall have effect unless agreed in writing by the
Company |
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2.4 |
No
conduct by the Company shall be deemed to constitute acceptance
of any other terms and conditions proposed by the Customer.
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2.5 |
If
any contract is cancelled by the Customer prior to delivery
the Customer shall pay to the company a reasonable cancellation
fee (as certified by the Company) unless the Customer has
not received the goods within 28 days |
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2.6 |
The
terms of this Contract are severable and separately enforceable |
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2.7 |
Acceptance
of delivery of the Goods shall be deemed conclusive evidence
of the Customer's acceptance of these Conditions. |
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2.7.1 |
The
Customer must notify the Company if the goods delivered differ
from the goods specified on the purchase order or despatch
note. Similarly if any specified goods are missing from the
delivered goods the Company must be notified in writing within
three (3) days from delivery, thereafter it should be deemed
that the goods ordered and delivered are the goods received.
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2.7.2 |
The
return of product to the company is at its’ discretion,
all returned goods must be in the original condition and packaging,
together with a returns note and proof of purchase. The return
costs may also be payable by the customer. |
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2.8 |
The
Company will only accept responsibility for representations
made by its staff if the goods supplied are compatible with
specific peripheral and such representation is made in writing. |
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2.9 |
The
Company will only accept responsibility for representations
made by its staff of product features not listed in any promotional
material or datasheets if made in writing. |
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2.10 |
Prices
and specifications are subject to change without notice prior
to the Customer placing a purchase order |
Price
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3.1 |
The
Price shall be the price quoted by the Company |
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3.2 |
Unless
otherwise stated, the price shall not include delivery charges,
Value Added Tax and insurances or extended warranty payments |
Payment
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4.1 |
All
accounts are strictly nett. The Customer will pay all sums
due under this Contract as specified in any quotation from
the Company to the Customer without any deduction set off
abatement or discount (other than any discount as may be allowed
in any quotation given by the Company to the Customer) |
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4.2 |
If
any sums due under this Contract are in arrears for more than
seven (7) days beyond the day on which they fall due and are
paid only after the Company's solicitors or debt collectors
have been instructed to recover the money then the Customer
will pay to the Company on demand on an indemnity basis the
reasonable costs, expenses and disbursement of the solicitors
or debt collectors |
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4.3 |
Interest
on overdue invoices shall accrue from the date when payment
becomes due from day to day until the date of payment at a
rate of 3 % above Barclays Bank Plc's base rate from time
to time in force and shall accrue at such a rate after as
well as before any judgment. |
Delivery
And Acceptance
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5.1 |
Any
times quoted for delivery are best estimates only and the
Company undertakes no contractual commitment as to the date
of delivery |
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5.2 |
Delivery
of the goods to the carrier for transmission to the Customer
or the prior delivery of the goods to the stipulated place
of delivery shall constitute delivery to the Customer and
the risk therein shall pass to the Customer. Section 32(2)
and (3) of the Sale of Goods Act 1979 shall not apply |
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5.3 |
If
the goods are not received by the Customer within three (3)
days from the date of the relevant invoice, the carrier and
the Company must at once be informed |
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5.4 |
Unless
otherwise agreed in writing, the Company shall be entitled
to make partial deliveries or deliveries by installments and
the terms and conditions of this Contract will apply to each
partial delivery. The Company cannot be liable for additional
costs incurred by the Customer due to part shipment or delay
in delivery |
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5.5 |
The
Customer shall be deemed to have accepted Goods upon delivery
to the Customer |
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5.6 |
After
acceptance the Customer shall not be entitled to reject Goods
which are in accordance with the Contract |
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5.7 |
Risk
shall pass on delivery and acceptance of the Goods |
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5.8 |
The
customer should report any items they believe to be missing
within seven (7) days of receipt, the Company reserves the
right to acknowledge that these items are indeed missing. |
Transfer
Of Property
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6.1 |
The
property in goods supplied will remain with the Company and
will pass to the Customer only when the Customer has paid
all sums due for the goods |
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6.2 |
If
the Customer sells the goods before the property in them passes
from the Company to the Customer then the Customer holds the
proceeds of resale or the amount due to the Company for the
goods (if less) on trust for the Company separately identified
as such. In any resale the Customer will act on its own account
and not as agent for the Company |
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6.3 |
Until
the property in the goods passes to the Customer the Company
may retake possession of the goods and for that purpose may
go upon any premises or vehicles owned or occupied by the
Customer without being liable for any damage which it was
not reasonably practicable to avoid |
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6.4 |
Nothing
in this condition shall entitle the Customer to return the
goods and the Company may bring an action for the price even
though the property in the goods has not passed to the Customer
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6.5 |
Any
warranty provided with the product is non-transferable. |
Warranty
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7.1 |
Subject
to condition 8 the Company guarantees the goods and their
components against defects in workmanship construction and
materials for a period of 12 months (consumables six (6) months)
from the date of delivery.
Certain products carry an extended warranty to 36 months and
this will be specified accordingly
If any defects appear during that period the Company will
at its own expense and discretion repair or replace the goods
provided that:- |
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7.1.1 |
The
Company is notified within seven (7) days of the discovery
of any such defects by the Customer |
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7.1.2 |
The
defective goods are returned to the Company and transportation
charges are prepaid by the Customer. |
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7.1.3 |
The
defective goods must be packaged and returned as per the Company
instructions provided to Customer. |
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7.1.4 |
Examination
of the goods by the Company reveals that such defects exist
and have not been caused by misuse, neglect, accident, improper
handling, storage or installation or by repair or alteration
not affected by the Company |
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7.2 |
The
Customer shall pay to the Company the reasonable cost (as
certified by the Company) of any examination of the goods
which does not reveal a defect for which the Company is liable |
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7.3 |
In
the case of defects or faulty workmanship in products or any
parts supplied but not manufactured by the Company the Customer
shall not be entitled to receive any greater benefit than
shall be received by the Company under any Guarantee or Warranty
given to the Company by the manufacturer or suppliers thereof.
The Company does not warrant the intellectual content of software
programs to be free from errors. |
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7.4 |
Any
times quoted for repair or replacement are best estimates
only and the Company undertakes no contractual commitment
as to date of repair or replacement. |
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7.5 |
The
Customer shall pay to the Company the reasonable cost (as
certified by the Company) in advance, of any requested repair
to defects of the goods deemed exempt of manufacturers warranty.
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7.6 |
The
Customer shall pay to the Company the reasonable cost (as
certified by the Company) for charges incurred by the Company
due to unnecessary call out, remedial work, non warranted
defects or defects deemed by the Company to be originated
by the Customer |
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7.7 |
Servicing/Repair
of Goods not covered by warranty |
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7.7.1 |
Before
the Company undertakes on site call outs and inspections or
repairs of any item or if collection for inspection and repair
of any item at the Company's premises is required the customer
must first give credit card details to the Company to cover
the cost of the call out inspection and any on site repairs
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7.7.2 |
The
Company will, on visiting the customer, give the customer
an estimate of the likely cost of the repair and advise whether
these can be carried out on site or the items need to be taken
to the Company's premises |
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7.7.3 |
In
respect of items taken to or delivered or collected by the
Company the Company will give a written/verbal estimate for
repair. If the customer has not accepted this estimate within
10 days in writing or verbally the Company will return the
item to the customer. The customers credit card account will
be debited with the collection, delivery charge and inspection
fee.
Limitation Of Liability |
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8.1 |
Goods
must be paid for in full before they are covered by warranty |
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8.2 |
Except
as expressly stated in this Contract all other conditions,
warranties or other undertakings concerning the goods whether
express or implied by statute, common law, custom, usage or
otherwise are excluded from this Contract nor shall the Company
be liable in respect of any negligence in respect of the goods |
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8.3 |
The
Customer shall not be entitled to reject the goods and in
the event of a breach of contract any damages recoverable
by the Customer shall be limited to the reasonable cost of
remedying such breach of contract provided that the Company
shall first be afforded the opportunity of itself carrying
out any necessary remedial work |
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8.4 |
Except
where the Contract is an international supply contract having
the characteristics specified in section 26 of the Unfair
Contract Terms Act 1977, nothing contained in this Condition
shall exclude or restrict:- |
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8.4.1 |
Any
liability by the Company for breach of its implied undertaking
as to title and |
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8.4.2 |
Where
the Customer deals as consumer within the meaning of the Unfair
Contract Terms Act 1977, any liability of the Company for
breach of its implied undertakings as to conformity of the
goods with description or same or as to their quality or fitness
for a particular purpose |
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8.5 |
Company
is not liable for:- |
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8.5.1 |
Any
errors in the intellectual content of any software nor for |
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8.5.2 |
Expendable
or consumable goods or materials nor for |
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8.5.3 |
Losses
arising from loss or corruption of data or software |
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8.6 |
Where
the goods or any component in them are manufactured by any
person other than the Company and are covered by a warranty
from their manufacturer the Company's liability is limited
to the duration and extent of the warranty provided by that
manufacturer |
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8.7 |
The
Company shall not be liable to the Customer for any damage
to software or hardware or any other cost, expense or liability
as a result of the Customer loading software not supplied
with the goods nor for any hardware or hardware peripherals
that shall be added on by the Customer that may affect the
goods the subject of this Contract or the configuration of
the software contained in the goods |
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8.8 |
The
Company is not liable:- |
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8.8.1 |
For
any cost, claim or other losses arising from or in respect
of goods not delivered to the Customer by the Company or differing
from the purchase order or despatch note that are not notified
to the Company by the Customer within seven (7) days from
delivery |
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8.8.2 |
For
any verbal confirmation of Company goods compatibility with
a specific peripheral |
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8.8.3 |
If
the goods do not function because the Customer or third parties
install peripherals which are not supplied by the Company,
without obtaining written confirmation of their compatibility
with the goods from the Company's Technical Department/the
relevant Company Representative |
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8.8.4 |
For
refunds at any time for software (other than operating systems)
installed and registered by the Customer or by the Company
at the Customer's request. Once software is registered it
cannot be returned to the manufacturer |
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8.8.5 |
For
refund or for the return of any hardware or peripheral specifically
requested by customer if not a standard Company stock item
Such items shall only be covered by the manufacturer's warranty
if any. |
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8.8.6 |
The
Company shall not be obliged to make any refund (where acting
as an agent or not) nor carry out offsite maintenance on non
standard Company stock items required specifically by the
Customer. |
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8.8.7 |
For
liability for loss of business by Customer due to non-functioning
of the goods. |
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8.9 |
The
Company shall not be obliged to make any refund (where offering
a replacement for goods whether contractually obliged or not)
which is greater than the retail value of the goods or comparable
goods sold by the Company.
Any replacement may be of equal specification and age. |
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8.9.1 |
The
Company shall not be liable for any cost, claim or other losses
arising from or in respect of defects or losses caused by
goods incorrectly packaged for return sending by the Customer
to the Company. |
Breach
of Financial Conditions
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9.1 |
If
the Customer fails to pay on time for goods supplied by the
Company under this or any other Contract or if in the unfettered
opinion of the Company the financial standing of the Customer
deteriorates or otherwise becomes considered to be insufficient
to justify or support the financial commitments of the Customer
to the Company under this or any other Contract then the Company
may, without prejudice to any of the other rights it may have,
cancel any outstanding order or suspend any deliveries of
the goods unless the Customer makes such payment for any goods
ordered as the Company may require |
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9.2 |
If
an order is so cancelled or suspended by the Company, the
Customer shall indemnify the Company on demand against all
losses (including loss of profit), costs (including the costs
of all labour and materials used and overheads incurred),
damages, charges and expenses arising out of the order and
the cancellation or suspension of it (the Company giving credit
for the value of any such materials sold or utilised for other
purposes) |
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9.3 |
The
Company is not obliged to accept cancellation of any order.
If it does so the Customer will pay cancellation charges to
be determined by the Company in its absolute discretion. The
charges will not be negotiable and must be paid within the
time period stipulated in the demand for such payment. |
Cancellations
& Distance Selling Regulations 2000
Cancellations
& Distance Selling Regulations 2000 Distance Selling regulations
apply only to Consumer Buyers who have purchased goods by using
distance communication (i.e. telephone, order form or online.)
They do not apply to Business Buyers, Business Names or Consumers
purchasing from our Showroom. The Regulations do not apply to
goods, which are built to the Buyers Specification where the finished
product is a non standard item. For Advice contact your local
Trading standards Department.
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10.1 |
All
cancellations must be confirmed in writing or durable notice
and clearly addressed to:
DEPT CS 2000. Rock Direct, 1 Collins Road, Heathcote Estate,
Warwick, CV34 6TF. The written cancellation will become effective
on the date of sending. |
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10.2 |
The
Buyer may cancel the order, from the date of ordering and
before, but excluding; the day of despatch of the order, without
any charges and the Seller will refund the Buyer in full by
the original method of payment. |
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10.3 |
Distance
selling regulations 2000. The
Buyer may cancel the order, when it has been manufactured
and despatched and up to seven working days after delivery,
(beginning the day after delivery). The Buyer must observe
10.1. The Buyer has a duty of care, under the regulations,
to take care of the goods so that they may be sold again
as new, by the Seller. The Seller will claim, from the Buyer,
for the resulting loss in value for goods not kept so that
they may be sold again as new. The Buyer must make the goods
freely available at the original delivery address, to the
Seller or his agent, within 21 days of cancellation, for
collection on a working day and,clearly label the goods
with the returns number provided. The regulations do not
apply to unsealed licensed software. The Seller will refund,
less appropriate deductions, to the Buyer, within 30 days
of the written notice of cancellation, by the original method
of payment. The Seller will deduct from any refunds the
direct charges incurred by the Seller of:
Transit
Collection Charges £29 + VAT per box |
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10.4 |
Charges
quoted at 10.3 will be deducted from any refund made. Where
a Buyer has paid to the Seller a deposit only and if the charges
are greater than the deposit, the Buyer will agree to pay
the balance of the charges due to the Seller within 14 days,
but in any event the Seller will notify the Buyer in writing
of the charges that fall due and where the Seller has received
insufficient money from the Buyer to cover the charges. |
Force
Majeure
The
Company shall not be under any liability of whatsoever kind for
non-performance of any of its obligations under the contract owing
to causes beyond the control either of the Company or the Company's
suppliers including but not limited to war (whether an actual
declaration thereof is made or not), sabotage, insurrection, riot
or other act of civil disobedience, act of terrorism, act of the
Customer or a third party, failure or delay in transportation,
act of any government or any agency or subdivision thereof, government
regulations, judicious actions, labour disputes, strikes, embargoes,
illness, accident, fire, explosion, flood, tempest or other act
of God, delay in delivery to the Company or the Company's suppliers
or shortage of labour, fuel, raw materials or machinery or technical
failure. In any such event the Company may, without liability,
cancel or vary the terms of the Contract including but not limited
to extending the time for performing the contract for a period
at least equal to the time lost by reason of the such event.
Indemnity
The
Customer shall comply with all the instructions of the Company
and all legislation in relation to the use, processing, storage
and sale of the Goods and shall indemnify the Company against
any cost, claim, demand, expenses or liability which the Company
may incur or for which it may be held to be liable arising out
of or in connection with such use, processing, storage or sale.
Notices
Any
notices to be given hereunder shall be in writing and shall be
deemed to have been duly given if sent or delivered to the party
concerned at its address specified on the purchase order or such
other address as that party may from time to time notify in writing
and shall be deemed to have been served, if sent by recorded post,
forty-eight (48) hours after posting.
Assignment
The
Customer shall not assign or transfer or purport to assign or
transfer the contract or the benefit thereof to any other person
save with the Company's prior written authority.
Sub-Contracts
The
Company reserves the right to sub-contract the performance of
the contract or the benefit thereof to any other person.
Proper
Law And Jurisdiction
The
Contract shall be governed by and construed in accordance with
English law and the courts of England and Wales shall have jurisdiction
to hear all disputes arising in connection with the contract.
Headings
The
headings of these conditions are for convenience only and shall
have no effect on the interpretation thereof.
Notice
to all Customers. You are advised that any telephone calls made
to our Sales and Customer Services Department may be recorded
at random. These recordings may be used to monitor the accuracy
of information provided by Customers and our own staff. They may
also be used to allow additional training to be provided to our
staff or to prove that our procedures comply with legal requirements.
Our staff are aware that conversations can be monitored and recorded.
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