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Terms & Conditions |
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Definitions |
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The
"Buyer" means the customer who accepts a quotation of the Seller or whose order
for the Goods is accepted by the Seller.
The "Seller" means Nimbus Designs Ltd
Trading As TVCables.
"Conditions" means the conditions of sale set out in
this document and any special and/or additional conditions agreed in writing by
the Seller.
"Good" or "Goods" means the goods (including any instalment
of goods or any parts for them) which the Seller is to supply in accordance with
these Conditions.
"Writing" includes facsimile transmission, email and
other comparable means of communication.
"Working Days" means Monday to Friday inclusive, excluding
Saturday and Sunday.
"including" and "in particular" shall be construed
as not limiting any general words or expressions in conjunction with which
either of those expressions is used.
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Conditions |
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These
conditions shall apply to all contracts for sale of Goods by the Seller to the
Buyer to the exclusion of all other terms and conditions including any which the
Buyer may purport to apply under any purchase order, confirmation of order or
any such similar document.
Where the Seller has agreed to provide
the Buyer with system design, installation or other consultancy services, then
the provision of such services shall be governed by the Seller’s separate
Conditions for the Provision of Services, a copy of which shall be supplied to
the Buyer.
No variation or addition to these
Conditions shall be effective unless agreed in Writing by the Seller.
The Seller’s employees or agents are not
authorised to make any representations concerning the Goods unless confirmed by
the Seller in Writing and in entering into the contract the Buyer acknowledges
that it does not rely on any such representations which are not so confirmed.
Any typographical, clerical or other
error or omission in any sales literature, quotation, price list, acceptance of
offer, invoice or other document or information issued by the Seller shall be
subject to correction without any liability on the part of the Seller and
without any prior notification. The views and opinions expressed in any sales
literature or on the Seller’s web-site are the views of the contributors and
should not be taken necessarily as fact.
No contract for the sale of Goods shall
arise until the Seller despatches the Goods, the Sellar shall inform the Buyer
by email when the goods have been despatched.
Acceptance of delivery of Goods shall be
deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
Nothing in these Conditions shall
effect the
statutory rights of any consumer.
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Prices |
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The
price shall be that on the Seller’s current list price or as otherwise agreed in
writing by the Seller and the Buyer should confirm prices (including any
promotional prices and special offers) at the time of ordering. All special
offers are strictly subject to availability.
The Seller reserves the right to revise
prices prior to despatch of Goods to reflect any indirect or direct increase in
costs to the Seller but if the price has been paid in full prior to despatch no
price revision may take place without the prior written agreement of the Buyer.
If VAT is levied, all prices are shown inclusive of VAT and charges for
packing, postage and carriage shall be paid in addition.
A small order handling fee of 60 pence is
added to all orders under £10.
A confirmation of order at a price is
subject to change, but we will always notify the buyer of any deviation from the
confirmation of order prior to taking monies. Where money transfer is by
automatic electronic means we reserve the right to cancel the order and refund
all monies paid.
From time to time we shall modify the
prices charged on our website and current catalogue.
A handling fee of 64 pence is added to
all orders exceeding £28 to cover the cost of recorded delivery and / or
additional postal insurance.
Web-site pricing may differ to sales
literature pricing.
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Payment |
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Payment must be made in full before despatch of any Goods.
Payment, may be made by
most popular credit and debit cards, provision is also made to accept cash,
cheque, BACS transfer, Nochex, Fastpay or Paypal. Full details of payment
methods accepted can be found by clicking the payment link found on the bottom
of every web page.
Payments made by cheque shall be subject
to a 5 day clearance period starting from the day the cheque is paid into the
Sellers bank account.
Time for payment shall be of the essence
and any failure to pay shall entitle the Seller at his option to treat the
contract as repudiated by the Buyer, to delay delivery until paid or appropriate
any payment made by the Buyer to such of the Goods as the Seller may think fit
notwithstanding any purported appropriation by the Buyer (without prejudice to
any other remedy that the Seller may have).
Receipts for payment shall be issued only
on request.
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Delivery |
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Delivery shall be treated as
a separate contract from that of the supply of the goods paid for by the
Buyer.
Whilst every reasonable effort shall be
made to keep to any estimated delivery date, time of delivery shall not be of
the essence and the Seller shall not be liable for any losses, costs, damages or
expenses incurred by the Buyer or any other person or Company arising directly
or indirectly out of any failure to meet any estimated delivery date. The Goods
may be delivered by the Seller in advance of the quoted delivery date upon
giving reasonable notice to the Buyer.
Notification of delivery may be
made by telephone call/message, email, fax or by post on the due date.
A
carrier’s first attempt to deliver shall be considered as the delivery date and
unless otherwise agreed in writing by the Seller all deliveries can take place
up until 6 pm.
Unless otherwise agreed the Seller may deliver by
instalments and in such case each instalment shall be treated as a separate
contract and any delay, default or non-delivery in respect of any instalment by
the Seller shall not entitle the Buyer to cancel the remainder of the contract.
Failure by the Buyer to pay for any instalments or delivery when due
shall entitle the Seller to withhold any further deliveries and the Buyer shall
be liable for any costs incurred by the Seller relating to such Goods.
Delivery of the Goods shall be made to the Buyer’s address and the Buyer
shall make arrangements necessary to take delivery of the Goods whenever they
are tendered for delivery.
If the Buyer fails to take delivery of the
Goods or fails to give the Seller adequate delivery instructions at the time
stated for delivery (otherwise than by reason of any cause beyond the Buyer’s
reasonable control) then, without prejudice to any other right or remedy
available to the Seller, the Seller may:
i) Store the Goods until
actual delivery and charge the Buyer for the reasonable costs (including
insurance) of storage; or
ii)
Sell the Goods at the best price readily obtainable and (after deducting all
reasonable storage and selling expenses) account to the Buyer for the excess
over the price under the contract or charge the Buyer for any shortfall below
the price of the contract.
The method of despatch for all sales shall be
at the Seller’s discretion. Where a particular delivery service has been paid
for the Seller shall make every effort to deliver by this method.
The
Seller’s delivery charges and the timing of all deliveries shall be as published
from time to time. Any promotional offers in respect of delivery charges shall
only apply to UK mainland and Northern Ireland.
A delivery insurance
charge, as published from time to time, shall be added to orders at the Seller’s
discretion and is non-refundable. For detailed information on delivery and
despatch times please click the About Us link at the top of each web
page.
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Ownership & Risk |
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The risk in Goods shall pass
to the Buyer upon delivery of the Goods or upon the Goods being appropriated to
the Buyer but kept at the Seller’s premises at the Buyer’s request.
The Seller remains the owner of the Goods
affected by the contract until the Seller has been paid in full in cash or
cleared funds for such Goods and all other Goods agreed to be sold by the Seller
to the Buyer for which payment is due.
Until such time as the property in the
Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s
fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer and
third parties and properly stored, protected and insured and identified as the
Seller’s property.
If any payment due under these Conditions
is overdue in whole or in part, the Seller may without prejudice to any of its
other rights recover and/or re-sell the Goods or any of them and may enter on
the Buyer’s premises by its servants or agents to recover the Goods and the
Buyer shall be liable for all the Seller’s costs of so doing.
The Buyer shall not be entitled to pledge
or in any way charge by way of security for any indebtedness any of the Goods
which remain the property of the Seller, but if the Buyer does so all moneys
owing by the Buyer to the Seller shall (without prejudice to any other right or
remedy of the Seller) immediately become due and
payable.
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Warranties & Liabilities |
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Subject to the conditions set out below the Seller warrants that the
Goods will at the time of delivery correspond to the description given by the
Seller.
The above warranty is given by the Seller subject to the
following conditions:
The Seller shall be under no liability in respect
of any defect in the Goods arising from any drawing, design or specification
supplied by the Buyer;
The Seller shall not be under liability in
respect of any defect arising from fair wear and tear, wilful damage,
negligence, abnormal working conditions, failure to follow the Seller’s
instructions (whether oral or in writing), misuse or alteration or repair of the
Goods without the Seller’s written approval;
The Seller shall be under
no liability under the above warranty (or any other warranty, conditions or
guarantee) if the total price for the Goods has not been paid by the due date
for payment;
Where the Goods are covered by manufacturer’s warranties,
details of which will be supplied to the Buyer on delivery of the Goods the
Buyer shall only be entitled to the benefit of such warranties or guarantees as
are given by the manufacturer to the Seller.
Subject as expressly
provided in these conditions and except where the Buyer is dealing as a consumer
(as defined in the Unfair Contract Terms Act 1977, section 12) all warranties,
conditions, or other terms implied by statute, common law or otherwise are
excluded to the fullest extent permitted by the law.
Where Goods are
sold to a consumer (as defined by the Consumer Transactions (Restrictions on
Statements) Order 1976) the statutory rights of the Buyer are not affected by
these Conditions.
The Seller shall not be held responsible for any
incompatibility issues or held liable to the Buyer by reason of any
representation (unless fraudulent) or any implied warranty, condition, or other
term or any duty at common law or under the express terms of the contract, for
any indirect, special or consequential loss or damage, costs, expenses or other
claims for compensation whatsoever (whether caused by negligence of the Seller,
its employees or agents or otherwise) which arise out of or in connection with
the supply of the Goods or their use or resale by the Buyer including, without
limitation, losses or damages of the types listed below:-
i) loss of profit; and/or
ii)
loss of anticipated savings.
iii) loss of business and/or goods; and/or
iv) loss of revenue; and/or
v) loss of contract; and/or
vi) loss of goodwill; and/or
vii) loss of use; and/or
viii) loss and/or corruption of data and/or other information; and/or
ix) downtime; and/or
x) any damage relating to the procurement
by you of any substitute equipment.
The entire liability of the Seller
under or in connection with the contract shall not exceed the price of the
Goods, except as expressly provided in these Conditions.
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Returns,
Cancellations & Replacements |
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Under
the terms of the Distance Selling Regulations 2000, the Buyer has the right to
cancel any contract under the cooling off period. Cancellation shall be given in
writing by the buyer within the cooling off period. The cooling off period is 7
working days from the day after receipt of the goods.
Goods returned under the terms of the
Distance Selling Regulations must be sealed in their original packaging without
damage to the packing, unused, in re-saleable condition as brand new.
Goods returned as stated above in brand
new re-saleable condition shall be subject to a refund of the original purchase
price, to be paid by the Seller within 30 days of the notice of cancellation.
The cost of the delivery charge shall not be refunded as it is provided under a
separate contract.
Goods returned under the Distance Selling
Regulations cooling period shall be returned at the expense of the Buyer, the
Buyer shall be responsible for the Goods until they have been received by the
Seller. The Buyer shall be responsible for ensuring the Goods are adequately
packaged to avoid damage and shall pay any insurance costs deemed
necessary.
If a contract is cancelled under the
terms of the Distance Selling Regulations and the Goods are not returned within
7 working days from the issue of a Return Material Authorisation (RMA), the
Seller shall recover the Goods from the Buyer and the cost of recovery shall be
deducted from any refund given.
Failure to return the goods under the
terms of the Distance Selling Regulation cooling off period in unused condition
shall incur a re-stocking fee that shall be determined on a case by case basis
but shall not exceed 50% of the goods original price. Goods returned in damaged
or un-saleable condition shall not be refunded and shall be returned to the
Buyer.
Unless the Seller at its discretion decides otherwise, if the
Seller agrees to accept the return of any such Goods then:
i) A Goods return number must be
obtained from the Seller and be clearly shown on the returned parcels and must
be returned in the original manufacturer’s packaging (which shall not be
defaced) complete with accessories, manuals and documentation.
ii) The
Buyer shall be liable for the cost of remedying any damage to the Goods returned
where such damage has, in the opinion of the Seller, been caused by the Goods
being inadequately packaged by the Buyer or through the Buyer’s fault.
iii) Any claim by the Buyer which is based on any defect in the quality
or condition of the Goods or their failure to correspond with the specification
shall (whether or not delivery is refused by the Buyer) be notified to the
Seller within 7 days from the date of delivery or (where the defect or failure
was not apparent on reasonable inspection) within a reasonable time after
discovery of the defect or failure. If delivery is not refused and the Buyer
does not notify the Seller accordingly, the Buyer shall not be entitled to
reject the Goods and the Seller shall have no liability for such defect or
failure, and the Buyer shall be bound to pay the price as if the Goods had been
delivered in accordance with the terms of the contract.
iv) Where any
valid claim in respect of any of the Goods which is based on any defect in the
quality or conditions of the Goods or their failure to meet specification is
notified to the Seller in accordance with these conditions, the Seller shall be
entitled to replace the Goods (or any part thereof) free of charge or at the
Seller’s sole discretion, refund to the Buyer the price of the Goods (or a
proportionate part of the price), but the Seller shall have no further liability
to the Buyer.
The Seller shall not give any credit for
returned Goods where the Seller deems the Goods not to be faulty unless
otherwise agreed in writing by the Seller.
Any Goods in respect of which
any claim of defect or damage is made by the Buyer shall be preserved by the
Buyer intact together with the original packaging at the Buyer’s risk and shall
at the request of the Seller be:
i) Retained by the Buyer for a reasonable
period to enable the Seller or its agent to inspect the Goods; or
ii)
Collected from the Buyer by the Seller if the Goods are defective.
Goods not featured in the Seller’s
catalogue are not be subject to the normal returns policy and instructions for
return should be confirmed with the Seller before returning the Goods.
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Customer
Service |
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The
Seller shall make every reasonable effort to resolve or acknowledge by post,
telephone or email any queries which the Buyer has made within 48 hours of
receipt of any such query.
The Seller shall make every reasonable
endeavour to respond to complaints within 5 working days and keep the Buyer
reasonably notified of any progress thereafter.
Telephone calls made to
the Seller may be recorded for training purposes.
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Trademarks
& Accreditation |
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The
Seller and Buyer acknowledge the intellectual property rights of suppliers and
manufacturers of the products appearing in the Seller’s sales literature and on
the Seller’s web-site.
Where Goods have been manufactured and supplied
under an IS09000 approval this is indicated in the product manufacturer
literature text.
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Force
Majeure |
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The Seller shall not be liable to the Buyer or be deemed to be
in breach of the contract by reason of any delay in performing or any failure to
perform any of the Seller’s obligations in respect of the Goods, if the delay or
failure was due to any cause beyond the Seller’s reasonable control. Without
prejudice to the generality of the foregoing, the following shall be regarded as
causes beyond the Seller’s reasonable control:
i)act of God, explosion, flood, tempest,
fire or accident;
ii)war, threat of war, sabotage, insurrection, civil
disturbance or requisition;
iii) acts, restrictions, regulations,
bye-laws, prohibitions or measures of any kind on the part of any governmental,
parliamentary or local authority;
iv) import or export regulations or
embargoes;
v) strikes, lock-outs or other industrial actions or trade
disputes (whether involving employees of the Seller or of a third party);
vi) difficulty in obtaining materials, labour or machinery; and
vii) power failure or breakdown in machinery.
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General
Terms |
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The
Seller’s failure to insist upon strict performance of any provision of these
Conditions shall not be deemed a waiver of its rights or remedies in respect of
any present or future default of the Buyer in performance or compliance with any
of these Conditions.
Any notice required or permitted to be given by
either party to the other under these Conditions shall be in Writing addressed
to the other party at its registered office or principal place of business or
such other address as may at the relevant time have been notified pursuant to
this provision to the party giving notice.
Notice shall be delivered
personally or sent by first class prepaid recorded delivery of by registered
post (airmail if overseas) or by facsimile transmission and shall be deemed to
be given in the case of delivery personally on delivery and in the case of
posting (in the absence of evidence of earlier receipt) 48 hours after posting
(six days if sent by airmail) and in the case of facsimile transmission on
completion of the transmission provided that the sender shall have received
printed confirmation of transmission.
If any provision of these
Conditions is held by any competent authority to be invalid or unenforceable in
whole or in part the validity of the other provision of these Conditions and the
remainder of the provision in question shall not be affected.
In the
event of a dispute between the Buyer and the Seller, should the Seller in
writing require, the Buyer agrees to submit to the jurisdiction in accordance
with the Arbitration Act 1996 for the time being in force as a legally binding
alternative to court action.
The contract shall be governed by the laws
of England and the Buyer agrees to submit to the non-exclusive jurisdiction of
the English courts.
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