1. General
In these terms and conditions of trading "HANDY AV" means Handy AV Limited and its trading divisions. "The company" means the customer to whom HANDY AV agrees to supply goods. "Goods" means any product or services supplied by HANDY AV.
2. Orders
All orders are subject to availability of goods. Any reference to price or delivery made by HANDY AV shall be provisional only.
3. Prices
Catalogues, price lists, videos, websites, and other advertising or promotional material are intended to provide an indication as to the price range and dimensions of goods offered by HANDY AV and no variations shall give rise to a claim against HANDY AV. HANDY AV reserves the right to pass on to the customer any increase or decrease in the costs of providing the goods that occur between the date of the quotation and delivery. All prices exclude VAT which must be added at the current rate
4. Manufacturer's Specification
The customer recognises that HANDY AV is a distributor/reseller of goods. Although HANDY AV will try to notify the customer of any variations of which it is aware, the customer accepts that HANDY AV cannot be accountable for the consequences of any variations made by the manufacturer/software vendor or shortage of supplies.
4. Manufacturer's Specification
The customer recognises that HANDY AV is a distributor/reseller of goods. Although HANDY AV will try to notify the customer of any variations of which it is aware, the customer accepts that HANDY AV cannot be accountable for the consequences of any variations made by the manufacturer/software vendor or shortage of supplies.
5. Software Products
In accordance with trade practice many manufacturers or suppliers of computer software products and similar goods retain title to the copyright and other intellectual property rights. HANDY AV only transfers such titles as it may have and no warranties expressed or implied are given as to whether or not the intended use is permitted by the owner of such rights.
6. Delivery
A – Dates and times quoted by HANDY AV for delivery run from the receipt by HANDY AV of a written order or from resolution of technical details whichever is the later. All dates and times quoted are estimates and any delay in meeting delivery dates will not give rise to a right to cancel the order.
B – Offers for goods ex-stock are subject to the goods being unsold at the time of receipt of the customer's order or resolution of technical details whichever is the later.
C – Unless specifically included in the quotation, prices quoted do not include delivery and any delivery charges incurred by HANDY AV will be passed to the customer.
D – HANDY AV reserves the right to make part deliveries. Any request by the customer for HANDY AV to delay or split delivery may result in a stockholding charge and any additional cost incurred by HANDY AV being debited to the customer.
7. Payment
A – Unless agreed to the contrary in writing all invoices are payable before shipment of the goods or against pro-forma invoice whichever is the earlier. If the customer is an approved account holder invoices are payable net, (and any right of set off is hereby excluded) not later than 30 days from the date of the invoice).
B – If the customer fails to make payment as provided for above HANDY AV shall have the right (in addition to any other remedies) to charge interest on overdue accounts at the rate 2% per month or part thereof until payment is received.
C – In addition to any other rights available HANDY AV shall have the right of access to enter into the purchaser's premises and to take possession of any goods supplied by HANDY AV for which payment is overdue. In exercising such rights to enter and remove goods HANDY AV will use the minimum force required but will not be responsible for any damage done.
8. Force Majeure
HANDY AV shall not be liable for any loss whatsoever suffered by the customer in the event of cancellation of the agreement to supply goods if the supply of goods would be illegal, contrary to manufacturers conditions of sales or impossible for HANDY AV to perform.
9. Insolvency
In the event that the customer is declared insolvent or compounds with its creditors or has distress levied against its goods or assets or has a Receiver appointed HANDY AV shall have the right to suspend deliveries until payment has been made for goods already supplied and for all outstanding orders.
10. Title and Risk
A – Risk in the goods shall pass to the customer at the time of delivery to or collection by the customer or its agent whichever is the earlier.
B – Legal and beneficial ownership of the goods shall remain with HANDY AV until it has received payment in full for the goods. Until that time the customer accepts that it holds the goods in a fiduciary relationship as HANDY AV's bailee and will store the goods so as to identify them as the property of HANDY AV and keep them free from any charges.
C – Even before title passes the customer may sell and deliver the goods to a third party but only on behalf of and to the account of HANDY AV. Until HANDY AV has been paid in full for the goods the customer shall be liable to account to HANDY AV for the proceeds of sale and shall keep such proceeds (including the proceeds of any insurance claim) apart from other monies. HANDY AV shall have the right to inspect any records relating to the customer's dealings with the goods and the proceeds of sale.
11. Warranty
The customer recognises that where HANDY AV is not the manufacturer of the goods supplied. HANDY AV will pass on to the purchaser all unexpired warranties it receives from the manufacturer(s) but, so far as is permitted by law, HANDY AV excludes liability for any loss
of any nature including consequential loss arising out of the use or supply of the goods. The customer is advised to keep in force a maintenance contract in respect of the goods.
12. Returns
All goods shall be deemed accepted unless rejected within 14 days of delivery/collection of the goods. Notice of rejection must be in writing giving detailed reasons for rejection. No compensation, credit or right of set off shall be given by HANDY AV until the same has been received by HANDY AV from the manufacturer, supplier or insurer as the case may be.
13. Returns Procedure
Before returning any goods to HANDY AV the customer shall:
A – Notify HANDY AV by letter or facsimile of its desire to return the goods together with the reason for the return.
B – Obtain from HANDY AV a designated return label which will contain an identification number and which shall be affixed by the customer to the packaging in a prominent position. This procedure is solely for administrative convenience and the issue of a return label shall not be taken as an admission of any fault and/or liability whatsoever on the part of HANDY AV in relation to the goods being returned. No goods shall be returned without HANDY AV's prior approval.
14. US Government Requirements
The customer is advised that the goods may be subject to US Government export regulations. Where these apply, it is the customer's sole responsiblity to obtain authorization from the US Government before re-exporting the goods from the country of purchase.
15. Severability
If and to the extent that any provision for any part HANDY AV's standard conditions are illegal, void or unenforceable for any reason, then such provision or part thereof (as the case may be) shall be deemed to be severable from the remaining provisions or parts of the relevant provisions as the case may be all of which remaining provision shall remain in full force and effect.
16. Law
Unless otherwise agreed in writing, all contracts shall be constructed and interpreted in accordance with the laws of England
