| 1 |
Definitions |
| 1.1 |
"Conditions" means the conditions of sale set out in this document
and any special and/or additional conditions agreed in writing by us.") |
| 1.2 |
"Good" or "Goods" means
the goods (including any instalment of goods or any parts for them) which
we supply in accordance
with these Conditions. |
| 1.3 |
"we" and "us" means
Ozee |
| 1.4 |
"Writing" includes
facsimile transmission, email and other comparable means of communication |
| 1.5 |
"you" means the consumer
who accepts a quotation from us or whose order for the Goods is accepted
by us. |
| 1.6 |
"including" and "in particular" shall
be construed as not limiting any general words or expressions with which
either of those expressions is used. |
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| 2 |
Conditions |
| 2.1 |
We intend to rely on these written terms and conditions
set out here and they shall apply to all contracts for sale of Goods by
us to you. Neither of us can alter the terms of this agreement without
the express agreement of the other. If you require any changes, please
make sure that you ask for these to be put in writing as they will be ineffective
otherwise. By doing this, we can avoid any problems surrounding what both
of us are expecting from our relationship. |
| 2.2 |
Please note that we shall be entitled to correct 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 us or information on the website provided the correction
does not materially affect the contract. If such a change does materially
affect the contract, both of us have the option to withdraw from the contact.
In such circumstances, the contract shall be treated as not having been
entered into. |
| 2.3 |
The views and opinions expressed in any sales literature
or on our website are the views of the contributors and should not be taken
necessarily as fact. Due to the volume of information in our sales literature
and on our web site you must confirm all information that you are relying
on when you order your
Goods. |
| 2.4 |
No contract for the sale of Goods shall arise until we
despatch the Goods to you or you notify us in writing of your acceptance
of our quotation (whichever
shall first occur). |
| 2.5 |
Acceptance of delivery of Goods shall be deemed conclusive
evidence of your
acceptance of these Conditions. |
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| 3 |
The Ordering Process and Prices |
| 3.1 |
The price for the Goods shall be that as published by
us from time to time or as otherwise agreed by us and you should confirm
prices (including any promotional prices and special offers) at the time
of ordering. All special offers are strictly subject to availability. |
| 3.2 |
When you place your order, please note that we shall acknowledge
receipt of your order in writing. However this is not an acceptance of
your order. |
| 3.3 |
The final price for the ordered Goods shall be confirmed
to you in writing when we accept your order and shall include charges for
packing, postage and carriage (plus VAT) and VAT on the Goods. |
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| 4 |
Payment |
| 4.1 |
Payment must be made in advance, in full and in cleared
funds before we despatch the Goods to you. Where the Goods are being leased
by you, we shall despatch the Goods to you once we have received confirmation
from the leasing company that an appropriate leasing contract has been
entered into by you. |
| 4.2 |
You can pay by cash, cheque, visa, mastercard or switch and by any other
methods of payment as published from time to time. |
| 4.3 |
Receipts for payment shall be issued only on request. |
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| 5 |
Interest on Overdue Invoices |
| 5.1 |
Interest on overdue invoices shall accrue on any unpaid
amounts from the date when payment becomes due at 2 per cent per annum
above HSBC Bank plc base rate from time to time until the date of payment
(a part of a month being treated as a full month for the purpose of calculating
interest), to accrue both before and after any judgment. |
| 5.2 |
You must pay all invoices in full free from any deduction
for any set-off, counterclaim or any other matters. |
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| 6 |
Delivery |
| 6.1 |
We shall endeavour to deliver the Goods within 30 days
from receiving your order and every reasonable effort shall be made to
keep to any estimated delivery date. If we are unable to do this, we shall
contact you within this 30 day period to agree a new delivery date. If
you do not agree to a new delivery date, this contract shall be treated
as if it had not been entered into by either of us. We shall reimburse
any monies paid by you within 30 days from the end of the original delivery
date. |
| 6.2 |
Time of delivery shall not be of the essence and in circumstances
where we fail to meet any estimated delivery time, from unforeseen demand,
discontinued products or any other such matter outside our control, we
shall not be liable for any direct or indirect losses, costs, damages or
expenses incurred by you or any other person. |
| 6.3 |
We may deliver the Goods in advance of the quoted delivery
date and notification of delivery may be made by telephone call/message,
email, fax or by post on the due date. |
| 6.4 |
A carriers first attempt to deliver shall be considered
as the delivery date. |
| 6.5 |
Unless otherwise agreed, we may deliver the items comprising
one order by instalments however delivery shall not occur until the final
item that you ordered has been delivered to you. This clause shall not
apply if you have ordered Goods in several different contracts such that
the deliveries are due to be made at different times. |
| 6.6 |
We shall deliver goods to your address and you shall
make arrangements necessary to take delivery of the Goods whenever they
are tendered for delivery. |
| 6.7 |
If you fail to take delivery of the Goods or fail to
give us adequate delivery instructions at the time stated for delivery
then, in addition to any other rights that we may have, we shall store
the Goods until actual delivery and may charge you for the reasonable costs
(including insurance) of storage. This clause shall not apply if your failure
to take the delivery arose out of circumstances that were outside your
reasonable control. |
| 6.8 |
We shall decide upon the best method for delivering the
Goods. |
| 6.9 |
Our delivery charges, delivery insurance charges and
the timing of all deliveries shall be as published from time to time and
shall be confirmed to you when we accept your order. Any promotional offers
in respect of delivery charges shall only apply to UK mainland and Northern
Ireland. |
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| 7 |
Ownership and Risk |
| 7.1 |
The risk in Goods shall pass to you upon delivery of
the Goods at which time you shall become responsible for their safekeeping
and you should therefore make sure that you are adequately insured against
any damage or loss which may affect those Goods. |
| 7.2 |
We are the owners of the Goods until we have been paid
in full in cash or cleared funds for such Goods. |
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| 8 |
Chargebacks |
| 8.1 |
If at any time any payments made
for Goods by credit card are reversed by the credit card company ("a chargeback"),
whether the credit card company acted on your instructions or not, please
note that the legal ownership of the Goods shall pass back to us. You shall
then hold the Goods as our agent and shall account to us for the value
of the Goods. In such a situation, you are instructed to keep the Goods
separate from your and any third party goods and ensure that they are properly
stored, protected and insured and identified as our property. |
| 8.2 |
In addition to any other rights we may have in these
circumstances, we may upon by giving 7 days notice require you to return
or deliver up the Goods to us, at the expiry of which, we shall take legal
proceedings to recover the goods or their value. |
| 8.3 |
If a chargeback has been made, please note that that
you shall not be entitled to pledge or in any way charge by way of security
for any of your indebtedness any of the Goods which remain our property. |
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| 9 |
Warranties and Liabilities |
| 9.1 |
We warrant that the Goods will at the time
of delivery correspond to the description we have given. |
| 9.2 |
We shall only be responsible for our negligence
where we have caused death or personal injury. |
| 9.3 |
We shall not be responsible for any defect
arising in the Goods arising from: |
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9.3.1 |
any drawing, design or specification supplied by you;
and/or |
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9.3.2 |
fair wear and tear; and/or |
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9.3.3 |
wilful damage by you or a third party; and/or |
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9.3.4 |
abnormal working conditions; and/or |
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9.3.5 |
your failure to follow our instructions (whether oral
or in writing); and/or |
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9.3.6 |
the alteration or repair of the Goods without our written
approval. |
| 9.4 |
We shall be under no liability under any
warranties unless and until you have paid the total price for the Goods. |
| 9.5 |
Where the Goods are covered by manufacturers
warranties, details of which will be supplied to you on delivery of the
Goods, you shall be entitled to the benefit of the manufacturer warranties
only. |
| 9.7 |
We shall not be liable under these Conditions
for any loss or damage caused by us or our employees or agents in circumstances
where: |
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9.7.1 |
matters were outside our reasonable control;
or |
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9.7.2 |
you failed to provide us with relevant information
that would have had an impact on our actions; |
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9.7.3 |
there is no breach of a legal duty of care owed to
you by us or by any of our employees or agents; |
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9.7.4 |
any loss or damage suffered by you is not a reasonably
foreseeable result of any such breach by us; |
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9.7.5 |
the increase in loss or damage suffered by you resulted
from the breach by you of a term of these Conditions. |
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| 10 |
Cancellations |
| 10.1 |
You have 7 working days from the day after
the date of receipt of the Goods to cancel your order by giving notice
by letter, fax or email to us. |
| 10.2 |
The effective date of cancellation is the
date on which the notice is sent. |
| 10.3 |
If you fail to return the Goods to us within
7 days of the date of cancellation, we shall be entitled to recover the
Goods and deduct the cost of so doing from any monies owed to you. |
| 10.4 |
We shall refund any monies paid by you as
soon as reasonably possible but in any event no later than 30 days from
the date the notice of cancellation was given. The refund shall be made
by the same method as payment. |
| 10.5 |
You shall be liable for the cost of returning
the Goods to us if you cancel your order. |
| 10.6 |
This clause 10 shall not apply to: goods made
to your specifications |
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| 11 |
The Procedure for Returns/Cancellations/Replacements |
| 11.1 |
You are asked to examine the Goods and tell
us about any fault or damage or any failure of the Goods to correspond
to specification within 7 days after delivery of the Goods. Where the defect
or failure was not apparent on reasonable inspection, you must notify us
within a reasonable time after discovery of the defect or failure. |
| 11.2 |
When you return any such Goods then you
must obtain a Goods return authorisation number from us for each and every
return so that we are able to process your return. The number must be clearly
shown on each returned parcel. The Goods must be returned in the original
manufacturers packaging (which shall not be defaced) complete with accessories,
manuals and documentation. Software packages must be returned unopened
with the software seal intact. |
| 11.3 |
We shall deduct a reasonable amount from
any prepayments that you have made in relation to any such returned Goods
to prepare them for resale if they have not been returned in accordance
with clause 11.2. If you have tampered with the seal on Software packages,
you will not be entitled to a refund as we will be unable to resell this. |
| 11.4 |
You should preserve any Goods in respect
of which any claim of defect or damage is made by you and we may ask you
to: |
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11.4.1 |
retain the Goods for a reasonable period to enable
us or our agents to inspect the Goods; or |
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11.4.2 |
allow us to collect the Goods if they are defective. |
| 11.5 |
You shall be responsible for any loss or
damage caused to returned Goods where such damage has been caused by your
negligent or faulty packing. |
| 11.6 |
Where any valid claim made by you in respect
of any of the Goods which is based on any defect in the quality or conditions
of the Goods or our failure to meet specification is notified to us in
accordance with these conditions, we shall be entitled to replace the Goods
(or any part thereof) free of charge or refund to you the price of the
Goods (or a proportionate part of the price), but we shall have no further
liability to you. |
| 11.7 |
Goods not featured in the our catalogue
may not subject to the normal returns policy and instructions for return
should be confirmed with us before returning the Goods. |
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| 12 |
Customer Service queries |
| 12.1 |
We shall make every reasonable effort to
resolve or acknowledge by post, telephone or email any queries which you
have made within 48 hours of receipt of any such query. |
| 12.2 |
We shall make every reasonable endeavour
to respond to complaints within 5 working days and keep you reasonably
notified of any progress thereafter. |
| 12.3 |
Telephone calls made to us may be recorded
for training purposes. |
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| 13 |
Trademarks and Accreditation |
| 13.1 |
Both of us acknowledge the intellectual
property rights of suppliers and manufacturers of the products appearing
in our sales literature and on our website. |
| 13.2 |
Where Goods have been manufactured and supplied
under an IS09000 approval this is indicated in the product text. |
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| 14 |
Force Majeure |
| 14.1 |
We shall not be liable to you if we have
delayed or failed to perform any of our obligations under this contract
in respect of the Goods if the delay or failure was due to circumstances
outside our reasonable control. The following are some examples, but not
all, of circumstances beyond our control: |
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14.1.1 |
act of God, explosion, flood, tempest, fire or accident; |
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14.1.2 |
war, threat of war, sabotage, insurrection, civil
disturbance or requisition; |
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14.1.3 |
acts, restrictions, regulations, bye-laws, prohibitions
or measures of any kind on the part of any governmental, parliamentary
or local authority; |
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14.1.4 |
import or export regulations or embargoes; |
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14.1.5 |
strikes, lock-outs or other industrial actions or
trade disputes; and |
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14.1.6 |
difficulty in obtaining materials, labour or machinery. |
| 14.2 |
If we are unable to provide you with your
Goods within a reasonable time, we shall either agree a new timescale with
you for the delivery of the Goods or either of us may decide to terminate
the contract in which case we will return any prepayments that you have
made in full. |
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| 15 |
Group Company |
| 15.1 |
We may share your information with other
companies in the group and other third parties. Please note that you may
be contacted or sent information in respect of further goods and services
available and should inform us in writing in the event that you do not
wish this to receive this. |
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| 16 |
Contracts (Rights of Third Parties)
Act 1999 |
| 16.1 |
No third party shall be allowed to enforce
any rights under this contract. |
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| 17 |
No Waiver |
| 17.1 |
We shall be entitled to enforce all of our
rights under these Conditions at any time even if we do not immediately
enforce them or do not enforce them when we first become entitled to do
so. |
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| 18 |
Assignment |
| 18.1 |
You must not transfer any contract made
with us under these Conditions, as it is personal to you, without written
authority from us. This authority will not be refused without good reason. |
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| 19 |
Notice |
| 19.1 |
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. |
| 19.2 |
Notices 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
the day on which it was posted and in the case of facsimile transmission
on completion of the transmission provided that the sender shall have received
printed confirmation of transmission. |
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| 20 |
Enforceability |
| 20.1 |
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 any other provision of these Conditions and
the remainder of the provision in question shall not be affected. |
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| 21 |
Dispute and Jurisdiction |
| 21.1 |
These Conditions are governed by the laws
of England. |
| 21.2 |
We will try and solve any disagreements
quickly and efficiently. If you are not happy with the way we deal with
any disagreements and you wish to take court proceedings, you must do so
in the United Kingdom. |
