Tennis Scoreboards - Terms and Conditions

INTERPRETATION In these Conditions:

BUYER means a person or Organisation whose order for the Goods is accepted by the Seller.

GOODS means the products and materials which the Seller is to supply to the Buyer in accordance with these Conditions.

SELLER means DW Hosting and Design trading as UK Scoreboard Systems.

THESE CONDITIONS means these standard terms and Conditions of sale.

CONTRACT means the Contract between the Buyer and the Seller for the purchase and sale of Goods.

WRITING includes facsimile transmissions and electronic mail and comparable means of communication.

BROCHURE means the Brochure in which the Goods the subject of the Contract are described and advertised for sale.

WEB SITE means the Web site which the Goods the subject of the Contract are described and advertised for sale.

2.1 The Seller shall sell and the Buyer shall purchase the Goods:-* as described in the Brochure or Web Site; and* (Subject to paragraph 4) at the price specified in the Brochure or Web Site, and* subject to these Conditions.

2.2 These Conditions shall govern the Contract to the exclusion of all other terms and Conditions subject to which any order is accepted or purported to be accepted by the Seller. No variation to these Conditions shall be binding unless agreed in Writing between the Buyer and the Seller.

2.3 The Seller's employees are not authorised to make representations concerning the Goods. In entering into any Contract, the Buyer acknowledges that it does not rely on any such representations.

2.4 Any typographical, clerical or other error or omission in sales literature, quotation, Designs and Price List, acceptance of the order, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

2.5 The parties agree that the Brochure (and any other sales literature or Designs and Price List issued from time to time by the Seller) constitutes an invitation to treat only. The Seller may at its absolute discretion and without giving reasons refuse to accept any offer made by the Buyer to purchase Goods, whether or not the Buyer shall previously have purchased Goods from the Seller.

3.1 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order submitted by the Buyer. The Buyer understands and acknowledges that telephone orders may be recorded, and that property in such recordings vests in the Seller.

3.2 The Seller undertakes to use its best endeavours to ensure that the quality and description of and any specification for the Goods shall be in accordance with those set out in the Brochure. However, the Seller reserves the right to make changes in the specification of the Goods in order to conform with any applicable statutory or EC requirement or where such changes are dictated by current market conditions, provided that such changes do not materially affect the quality or performance of the Goods.

3.3 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller and on terms that the Buyer shall identify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.

4.1 The price of the Goods shall be the price, which appears in the Brochure or on the Web site. However, the Seller reserves the right to increase the price of the Goods at any time.

4.2 If no reference is made in the Brochure or Web Site to Value Added Tax, then the price is exclusive of any applicable Value Added Tax, which the Buyer shall be additionally liable to pay to the Seller.

5.1 The Buyer shall pay fifty percent of the price of the Goods within fifteen days of the date of the Contract not withstanding the fact that property in the Goods has not passed to the Buyer. Time for payment shall be of the essence of the Contract.

5.1.1 Final Payment to the seller for the price of the goods shall be paid the same day upon completion of the work undertaken.

5.2 The Seller reserves the right to grant, refuses, withdraw, restrict, alter or cancel any of the terms of credit, which are published in the Brochure or in any other publicity material.5.3 If the Buyer fails to make the final payment on the due date then without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to: and

5.3.3 charge the Buyer interest (both before and after any judgment) on the amount unpaid, at the rate of eight percent per annum above Yorkshire Bank base rate for the time being.

6.1 The Seller will use its best endeavours to deliver the Goods in accordance with the arrangements set out in the contract. However, the Seller shall not be liable for any delay in delivery of the Goods, however caused. Time for delivery shall not be of the essence of the Contract.

6.2 Where the Goods are to be delivered in installments, each delivery shall constitute a separate Contract and failure by the Seller to deliver any one or more of the installments in accordance with these Conditions or any claim by the Buyer in respect of any one or more installments shall not entitle the Buyer to treat the Contract as a whole as repudiated.

6.3 If the Seller fails to deliver the Goods for any reason other than any cause beyond the Seller's reasonable control, the Seller's liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar Goods to replace those not delivered over the price of the Goods.

6.4 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions then, without prejudice to any other right or remedy available to the Seller, the Seller may:

6.4.1 store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage, or

6.4.2 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 under the Contract.

6.5.0 As long as the item is unused, in the original packaging and returned within seven working days of reciept, you can return it by post using the address on our contact page. Returns of non-defective items may, at DW Hosting and Designs sole discretion, be accepted for return. NON-DEFECTIVE RETURNS MAY BE SUBJECT TO A 25% RE-STOCKING FEE.

6.5.1 ALL products being returned must be 100% complete and must be packaged in original packaging. All packing materials, manuals, blank warranty cards and other accessories and documentation must be included in the original packaging, as provided by the manufacturer. A return will not be processed, or a restocking fee may be charged in the event any item(s) included in the original shipment to you is not present in the returned package. Items sent for return consideration will be immediately denied and DW Hosting and Designs return policy will not be honoured in the event that a return shipment is received by us improperly packaged, altered or physically damaged.

6.5.2 Any discrepancies including, but not limited to, the following list will result in the package being returned to the customer and credit or replacement will NOT be issued.

6.5.3 The following criteria will be followed in rejecting returns and refusing credit:

Products which are improperly packaged

Incomplete products (unless returned for repair as may only require faulty product - please check with Customer Service)
Products with SERIAL NUMBER which does not match SERIAL NUMBER on package or invoice (DW Hosting and Design maintains serial numbers when shipped)
DAMAGES: Cracked components, dents, scratches, defacement, fair wear and tear or wilful damage
Other items so labelled with a security seal broken will not be accepted for returned.

6.5.4 We strongly advise that you fully insure the items you are returning to us. This is for your protection, in the event the item(s) is are lost or damaged in transit. We suggest that you use a carrier with a tracking facilty that can provide you with "proof of delivery. DW Hosting and Design shall not be responsible for items returned that are lost or damaged in transit. Postage and handling charges, both to and from our premises will be paid by you, the customer, and are non-refundable. DW Hosting and Design may reimburse shipping charges related to the exchange of defective products.

7.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery

7.2 Not withstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be sold by the Seller to the Buyer for which payment is then due.

7.3 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, but the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business.

7.4 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.

7.5 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) forthwith become due and payable. The Seller shall be under no liability in respect of any defect arising from fair wear and tear, willful 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 approval.

8.2 The Seller shall be under no liability if the total price of the Goods has not been paid by the due date for payment.

8.3 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a customer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, Conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by aw.

8.4 Where Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these Conditions.

8.5 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 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 inspect on) within a reasonable t me 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 Contract.

8.6 Where any valid claim in respect of Goods, which is based on any defect in the quality or condition of the Goods, or the failure to meet specification, is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) 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.

8.7 Except in respect of death or personal injury caused by the Seller's negligence, the Seller shall not be 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 (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller its employees) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, and the entire ability 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.

8.8 The seller shall not be liable to the Buyer or deemed to be in breach of the Contract by reason or any delay in performing, or any failure to perform, any of the Seller's obligations in relation to 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 caused beyond the Seller's reasonable control8.8.1 Act of God, explosion, flood, tempest, fire or accident,

8.8.2 war or threat of war, sabotage, insurrection, cry disturbance or requisition;

8.8.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any known kind on the part of any governments, parliamentary or local authority,

8.8.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party),

8.8.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery,

9.1.1 the Buyer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration on order or goes into liquidation on (otherwise than for the purposes of Amalgamation on or reconstruction),

9.1.2 an encumbrance takes possession, or a receiver is appointed, of any of the property or assets of the Buyer, or

9.1.4 The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and Notifies the Buyer accordingly.

9.2 If this clauses applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any ability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediate due and payable not withstanding any previous agreement or arrangement to the contrary.

1 1.1 The Seller is a member of a group of compares and accordingly the Seller may perform any of its obligations or exercise any of its rights hereunder by itself or through any other member of its group, provided that any act or omission of any such other member shall be deemed to be the act or omission of the Seller.

1 1.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that 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 the notice.

1 1.3 No waiver by the Seller of any breach of the Contract or these Conditions by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

1 1.4 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 provisions of these Conditions and the remainder of the provision in question shall not be affected.

1 1.5 Any dispute arising under or in connect on with these Conditions or the sale of the Goods shall be referred to arbitration by a single arbitrator appointed by agreement.

1 1.6 The Contract and these Conditions shall be governed by the laws of England, and the Buyer agrees to submit to the non-exclusive jurisdiction of the English courts.

Terms and Conditions::

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