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1. Acceptance of orders
1.1 An acceptance of orders from the customer made by Davad Technology Ltd (“the Company”) shall be a contract of sale subject to these terms and conditions which shall prevail over any other document or communication from the Purchaser with whom the company is dealing (“the Customer”). The Company accepts an order when the Customer submits identification, delivery and payment details, and confirms this by email to the customer.
1.2 The order shall not bind the Company until the Customer accepts these terms and conditions, which are deemed accepted if the goods are sent for delivery.
2. Carriage, post and packing
Charges are made for all delivery options which will be confirmed and displayed on acceptance of the order by the company. For details of delivery prices outside UK, Eire, and Europe please contact us.
3. Prices
Goods are invoiced at the prices listed at the time of ordering - the exception to this is memory and hard drive products which are liable to constant fluctuations in price. If you have ordered an out of stock item, you will be advised before shipment of any change to the ordered price. The Company reserves the right to remedy an obvious mistake in the listed prices by charging a proper commercial value price to rectify the error.
All prices are inclusive of VAT in Pounds. Every effort is made to maintain the prices shown, however the company reserves the right to modify prices without prior notice to the Customer.
4. Delivery
4.1 Any time or date for delivery stated by the company shall be treated as an estimate only and does not form a binding term of this Agreement. Whilst every effort will be made to dispatch goods on time no liability can be accepted by the Company for failure to deliver within the advertised times. The Company shall not be liable for any loss or damage whatsoever (including consequential loss or loss of profit) arising directly or indirectly from any delay in the delivery of all or any of the goods howsoever caused.
4.2 If the Company fails to deliver the goods, the Customer will not be charged for these goods. The Company’s liability for all losses caused by failure to deliver the goods (including but not limited to consequential loss and loss of profits or business interruption) is limited to the price of the goods ordered. If the Company fails to deliver the goods for 28 days the Customer is released from the Agreement and will not be charged for the goods.
4.3 The Company will accept no liability for shortages, damage to or non-delivery of goods unless the Customer notifies the Company in writing within three days of receipt of invoice or goods.
4.4 The Customer shall be bound to accept the goods when they are ready for delivery by the Company and delivery shall be deemed to take place when the goods are delivered to the Customer at the nominated address for delivery or to a nominated carrier as the case may be whereupon the risk of loss, breakage or any other damage whatsoever shall pass to the Customer
4.5 If for any reason the Customer cannot accept delivery of the goods at the time when the goods are due and ready for delivery the Company may either elect to (1) store the goods pending their actual delivery and the Customer shall be liable to the Company for the costs (including insurance) of so doing but the Company shall be under no obligation to insure the goods in storage and the risk of any loss or damage to the goods howsoever arising shall be borne by the Customer, or (2) sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the contract or charge the Customer for any shortfall below the price under the contract.
4.6 If for any reason the Customer refuses a delivery, a charge will be levied for returning the delivery to the warehouse. Refusal includes a failure by the customer to contact the couriers where two delivery attempts have been made and failed.
5. Payment terms
5.1 Unless otherwise expressly stipulated by the Company, Credit Account invoices are due and payable in sterling 30 days from the date of the invoice.
5.2 If an invoice becomes overdue for payment the full outstanding account becomes overdue and payable. The Company may charge interest at 5% above the base rate of National Westminster Bank prevailing from time to time on overdue amounts. Payment shall be deemed to have been received only when the full amount of the value of the goods as invoiced has been credited to the Companys bank account without recourse as cleared funds or the Company has received the full amount in cash.
5.3 If you wish to clear your credit account by way of credit or debit card there will be a 2.5% surcharge added.
5.4 Please note when paying for orders with a credit/debit card, that your card is charged at the moment you place the order. Payments taken for items out of stock will be held to enable immediate shipment of your order as soon as the stock becomes available.
5.5 Customers without a Credit Account are able to make immediate payment through either Paypal or Nochex immediately upon ordering. All payments received through either of these methods will be deemed to be accepted on receipt of payment notification from Paypal or Nochex. Orders placed through these channels may only be shipped to the address registered in the payment confirmation from Paypal or Nochex
6. Product specifications, details, etc.
Whilst the Company will make every Endeavour to deliver the goods as they are advertised or displayed on the Davad Technology site or within any other Company brochure actual dimensions, images, specifications and quantities may in certain circumstances vary from those so advertised and supplied. The Company reserves the right without prior notice to vary the specification of any goods without any liability to the Customer arising directly or indirectly from any such variation but the Company will use all reasonable Endeavour’s to ensure that the goods are as near as possible to the goods as specified.
7. Supply
In the event that the Company is unable to supply goods as ordered by the Customer the Company reserves the right to supply goods of equal or superior quality comparable to or compatible with the goods ordered at the same price. In the event that the goods ordered by the customer become obsolete, the company reserves the right to offer the customer a substitute that may be at a higher price.
8. Property and title
No property or title to goods shall pass from the Company to the Customer unless and until the full amount of the value of the goods as invoiced has been credited to the Companys bank account without recourse as cleared funds or the Company has received the full amount in cash and the Customer shall indemnify the Company against any loss or damage to the goods prior to the passing of property therein whilst in the Customers custody. Risk of damage to or loss of the goods shall pass to the Customer at the time of delivery or, if the Customer fails to take delivery of the goods, at the time when the Company has tendered delivery of the goods.
9. Cause beyond control
9.1 In the event that the Company is prevented from delivering the goods for sale as a result of any circumstance beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood, Terrorism, abnormal weather conditions, fire, Government action, delays by suppliers, accidents and shortages of materials, labour or manufacturing facilities and failure of third parties to deliver goods, the Company shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfillment is prevented.
9.2 If the Company is prevented from carrying out its obligations they will notify the Customer within 14 days commencing with the estimated delivery date. 9.3 If the circumstances preventing delivery subsist for 3 months from and including the date the Company gives the Customer notice, then either party may cancel the contract. Such notice must be given when the adverse conditions subsist.
10. Trade name and mark
10.1 Indications of trade names or marks (other than those of the Company) shown documentation of the Company are not restricted to indications of manufacture but may be indicative of general use of systems, machines etc. associated with the use of such products.
10.2 Any software supplied to the Customer by the Company comes with a license to use the software from the manufacturer. The Customer must comply with these software license terms in addition to the Company’s terms and conditions.
11. Cancellation
Under normal circumstances goods are dispatched the same day as receipt of cleared funds. Depending on the status of your order, we may be able to cancel it. However, the Company reserves the right not to accept cancellation of orders. If for any reason an order is refused at the point of delivery, a charge will be levied for returning the delivery to the warehouse. For assistance from customer services, please email
12. Returns
Current items, undamaged, fully marketable with original manufacturers packaging (which shall not be defaced) unopened with all wrappings and seals intact, may be returned by prior agreement of the Company, who reserve the right to levy a restocking fee. The customer is liable for payment of postage and packing charges incurred in the return of the goods. Davad Technology Ltd reserves the right to reassign costs to its customers levied by its suppliers relating to the return of any orders, including any applicable penalties. Requests for returns must be made within 10 working days from receipt of the goods. Faulty or damaged items should be notified within seven days of receipt of goods, and will be dealt with in accordance with the returns procedure laid out by the manufacturer. All goods returned must be in the manufacturers original packaging complete with all ancillary items. Products tested and found not to be faulty will be returned to the customer and Davad Technology Ltd reserves the right to reassign accrued costs to its customers. Returns must be requested via email
13. Warranty
All goods sold by the Company are warranted free from defects in materials and workmanship. If the Company shall receive a written complaint from a Customer in respect of goods found to be defective in respect of materials or workmanship only within the manufacturer’s warranty period , the Company, after it has had a reasonable time to investigate the same and examine the goods in dispute shall be entitled at its option to repair or replace the defective goods or refund the purchase price. No claim will be entertained in respect of any goods which have been repaired or altered in any way or have been the subject of any accident or damage caused by any innocent, willful or negligent act or omission of the Customer its employees or agents or through use contrary to the manufacturers instructions by the Customer, its employees or agents or by circumstances beyond the control of the Company or goods which cannot be shown to have been supplied by the Company.
14. Online Privacy
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998.) We collect information about you for 2 reasons: firstly, to process your order and second, to provide you with the best possible service. We will not e-mail you in the future unless you have given us your consent. Certain emails are sent to registered customers in relation to placed orders, such as delivery status. We will give you the chance to refuse any marketing email from us or from another trader in the future. The type of information we will collect about you includes: your name address phone number email address Company Registration Number We may also use certain financial information supplied to us by you in order to ascertain suitability for a trade account, but only when requested by you. We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. The personal information which we hold will be held securely in accordance with our internal security policy and the law. If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first. We may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings. In the course of serving advertisements to our site, we may place or recognize a unique cookie on your browser, but it will not collect any personally identifiable information about you, nor any details which may be stored by Davad Technology such as account history and orders. If you have any questions/comments about privacy, please email us. For additional guidance, you may also wish to consult the website of the UK Data Protection Commissioner which may be found at: http://www.dataprotection.gov.uk.
15. The companys liability
15.1 The Company shall under no circumstances whatsoever be liable for any indirect or consequential loss howsoever caused.
15.2 The Companys liability in respect of breach or non-performance of any order shall be limited to the invoiced value to which the claim relates.
15.3 Goods are not tested or sold as fit for any particular purpose or for use under any specific conditions.
15.4 The Company excludes liability for death and personal injury caused by the goods except if caused by the Company’s negligence.
16. Health And Safety At Work Act 1974 and Consumer Protection Act 1987
In compliance with the above legislation the Company confirms that the goods supplied by the Company as a distributor of products do not present a hazard to health and safety when properly used for the purpose for which they are designed and provided also that the Customer or its employees or agents take reasonable and normal precautions in their use.
17. Entire agreement
These terms and conditions set out the entire terms between the parties and supersedes all other agreements representations and documents previously exchanged between the parties.
18. Severance
If any of the terms are found to be void voidable or unenforceable then these terms are severed from the contract of sale and will not affect the enforceability of the remaining terms and conditions.
19. Waiver
Waiver by the Company of any breach of these conditions or any granting of time or indulgence by the Company to the Customer shall in no way affect the rights of the Company hereunder.
20. Jurisdiction
The terms and conditions are governed by English Law and the parties hereby agree to submit to the jurisdiction of the English Courts.
21. Notices
Any notice or demand to be given hereunder shall be in writing and shall be delivered by hand or sent by first class pre-paid letter to the last known address of the party to be notified and shall be deemed to have been served immediately, if delivered by hand and forty eight hours after posting if posted as aforesaid.
22. Consumer Distance Selling Directive
The Distance Selling directive provides a cooling off period and an unconditional right to cancel during that period. This period ends seven working days after the day of receipt of the goods (working days excludes Saturdays, Sundays and public holidays.) The customer must request a return under this directive in writing (fax, email or letter) within the 7 day period. As part of the directive the customer must also make adequate care and effort to ensure that the product can be resold as new.
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