1. DEFINITIONS:
(a) The ‘Supplier’ means DAS and its agents and assigns;
(b) The ‘Purchaser’ means the individual/s, firm or company purchasing from or otherwise dealing with DAS.
(c) The ‘Goods’ means any and all items or services supplied by DAS to the Purchaser.
(d) A ‘Digibox’ is a set top receiver distributed by the Supplier for the reception of Digital TV services.
2. GENERAL:
Unless otherwise agreed in writing the conditions herein set out shall be deemed incorporated in any order placed by the purchaser and any acceptance of the purchaser’s conditions and any conditions which the purchaser additionally seek to impose in relation to their order, the supplier’s conditions shall prevail. Any description to illustrate passed on verbally or via literature shall not form any part of this contract between the purchaser and the supplier. These terms will be in accordance with English Law and the statutory rights of a person “dealing as a customer” under the Terms of the Unfair Contract Act 1977 will not be affected.
3. ORDERING:
Orders are taken by telephone, e-mail, internet, facsimile, in writing or verbally over the supplier’s trade counter facilities. Orders are made up to the purchaser’s requirements. Should any products not be available a back order will be raised which will be treated as an order when the said products are available in stock to despatch. All orders for delivery next working day (Monday-Friday) must be in prior to 12 pm. Orders for delivery by DAS’ own vehicles are subject to the branch offices delivery schedules. Online prices are for online sales only. Prices may vary from those shown on the website for any orders placed outside of the internet.
3a. BACK ORDERS / ITEMS THAT ARE NOT IN STOCK AT THE TIME OF ORDER
In the unusual event that an item is not in stock when you place your order we will endeavour to advise you of the delay as soon as possible. Should an item be further delayed, or be likely to be further delayed, we will let you know via e-mail or phone and you will have the option to cancel without charge.
4. SPECIAL DELIVERIES:
Timed delivery for 9 am, 10 am or 12 noon, plus Saturday delivery and Saturday collection services are available for an additional charge.
5. CANCELLATION OF AN ORDER:
Any order; placed by telephone, e-mail, internet, facsimile, in writing or verbally, cancelled by the purchaser, may result in a charge being made by the Supplier.
6. DELIVERY:
(a) The supplier will use its best endeavours to ensure delivery times are always before 5.00 pm, however delivery times cannot be quoted and cannot be guaranteed. Therefore the supplier accepts no responsibility or liability whatsoever & howsoever arising which may be suffered by the purchaser as a result of any failure on the part of the supplier to deliver the goods ordered on or within a specific date or time.
(b) Where the goods are supplied by us to you by way of export from the United Kingdom the provisions of this condition shall apply except to the extent that it is inconsistent with any other written agreement between us. The ‘Incoterms’ of the International Chamber of Commerce which are in force at the time when the contract is made apply to exports, but these terms prevail to the extent
that there is any inconsistency.
(c) Where the goods are to be sent by us to you by a route including sea transport we are under no obligation to give a notice under section 32(3) of the Sale of Goods Act 1979.
(d) You are responsible for arranging testing and inspection of the goods at our premises before shipment (unless otherwise agreed). We are not liable for any defect in the goods which would be apparent on inspection unless a claim is made before shipment. We are not liable for any damage during transit.
7. PROPERTY & RISK:
Risk of loss or damage to goods passes on to the purchaser immediately upon delivery.
8. SUITABILITY OF PRODUCTS:
The seller does not claim that products are suitable for a particular use and the responsibility rests with the Purchaser to sample and test the products as to their suitability for an application. The Supplier will not be liable for any loss, damage, injury or expense, consequential or otherwise, incurred arising from the use of a product or the failure of a product in an unsuitable application.
9. RETURN OF GOODS:
(a) For goods returned, other than defective goods subject to clause 10 below, to the supplier. The supplier reserves the right to accept return of good by prior acceptance (confirmed in writing). Should the supplier accept the return of goods we may apply a charge for handling & restocking equal to 15% of the sale price of the goods returned.
(b) Save for goods returned subject to clause 10 below returned goods will only be accepted by the supplier if they are in a sound and resaleable condition. Any goods deemed not to be resale able by the supplier will be returned to the purchaser at the purchaser’s expense.
(c) Any goods returned under terms of the guarantee or for repair must be suitably packed and with the nature of the fault and the full name and address of the customer clearly indicated.
(d) Goods especially obtained for the purchaser may not be returned for credit or exchange.
(e) No goods will be credited until the returned products has been received by our Trade Team.
10. GUARANTEES:
(a) The supplier undertakes to replace or repair free of charge any goods supplied which are defective always provided that whether or not the goods are defective shall be for the sole decision of the supplier.
(b) The supplier guarantees that they will at their option replace goods supplied faulty or repair the same subject to the claim being made within 12 months after the sale of the goods. The guarantee shall be in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose of the goods. Without prejudice to the generality of the foregoing, the supplier shall not, in any circumstances whatsoever, be liable for consequential or associated loss or damage whether or not the same arises out of the goods supplied.
11. PRICING:
(a) Prices quoted are net trade and exclusive of Value Added Tax, which shall be charged at the applicable rate according to the date of the invoice. Pricing is adjusted according to order value and previous turnover.
(b) All goods that are invoiced shall be paid for at the prices ruling at the time of despatch. The price list provided by the supplier is for guidance only and all increases in prices suffered by the supplier may cause an increase in price from the price list without prior notice to the purchaser.
12. QUOTATIONS:
Quotations are generally valid for a period of 30 days from the date of issue unless otherwise extended by the supplier in writing. In extenuating circumstances the supplier reserves the right to withdraw its offer. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or any other document or information issued by the supplier shall be subject to correction without any liability on the part of the supplier.
13. PAYMENT:
(a) Payment unless otherwise arranged shall be made upon ordering using either a valid credit or charge card. If the supplier delivers using their own fleet of vehicles payment may be made upon delivery of the goods. If a credit application has been received & approved then payment may be made by the end of the month following the date of the invoice. If payment is not received by this time the supplier reserves the right to levy a late payment charge based on the outstanding balance charged at 2.5% monthly. The supplier reserves the right to demand payment of all outstanding invoices at any time.
(b) Trade accounts who have been approved and provided with a credit facility through DAS will be requested to make immediate full payment of invoices to our bank upon request and within the terms agreed.
14. RESERVATION OF TITLE:
(a) The property of the goods shall not pass to the purchaser until all sums owed to the supplier on any account whatsoever have been paid not withstanding that delivery has already taken place.
(b) The supplier shall be entitled to all rights of access to the purchasers premises to enforce its rights.
WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT
REGULATIONS 2006
Customer Information:
If requested the following information should be passed to the customer.
DAS Ltd is aware of and strives to comply with the WEEE Regs 2006 which states that all Electrical and Electronic Equipment as far as possible must be sorted to minimise EEE being put into municipal waste, to achieve a high level of collection for recovery, treatment and environmental disposal.
DAS Ltd offers a free “Take Back” service whereby a customer who buys an Electrical or Electronic piece of equipment is allowed under legislation to return their old equipment to DAS for environmental disposal by our certified waste carriers. The returned equipment must be like for like i.e. a set top box for a set top box. The customer must return to us the electrical equipment for Take Back within 28 days
DAS Ltd is aware of the potential effects to the environment and human health as a result of the presence of hazardous substances in Electrical and Electronic appliances. DAS displays a poster and provides a leaflet stating our intentions as an environmentally aware company.
DAS Ltd keeps records of any EEE Take Back and contains a brief description of the EEE returned. These records are kept for a minimum term of four years.
DAS Aerial Communications Ltd
28 May 2010
