The Seller operates a stringent returns policy and, whilst we are happy to assist, should a non-conformance arise, no goods under any circumstance will be accepted by the Seller unless an RMA (Returns Material Authorisation number) has been obtained and is displayed clearly on the outside of return packaging. The Seller is not obliged to accept goods back due to incorrect ordering or customer overstocking. However, in some instances and by prior agreement only, the Seller will accept restocking, subject to current line of stock, within shelf life and returned at customer cost in their original / unbroken / undamaged packaging. A minimum charge will be made of 25% minimum of original invoice value. Please contact Customer Services for our Returns Policy in full. This does not affect your statutory rights. Returns are only possible for items falling within our current product line and, those with a shelf life, must have 6 months plus before expiry. In the case that the Buyer believes a product is faulty, the Buyer can return the goods to the Seller up to 30 days after delivery. The Buyer will be required to fill in an RMA which can be obtained by customer services*. If, after testing performed by the Seller, the goods are found to be in working order the Seller will return or dispose of the goods at the Buyer’s costs and pass on any costs that they have incurred in the testing, handling and administration of these rejected goods. If the goods are found to be faulty the Seller will replace or repair the goods free of charge and credit carriage for returned goods at a maximum pre-agreed rate as detailed below and subject to the submission of a carrier’s invoice. If the Buyer is also the consumer, Consumer Contracts Regulations and the Consumer Rights Act 2015 apply.
LIMITATION OF LIABILITY
The Seller shall have no liability to the Buyer in the event of non-delivery or delay in delivery of the whole or any portion of the goods caused directly or indirectly by act of God, weather, war, acts of Government, strikes or lockouts, fire, breakdown of machinery, non-delivery or delay in delivery by the Seller's suppliers of goods or materials required, shortage of transport, general shortage of materials and restrictions in the use of power, or any other cause beyond the Seller's complete control. In the event of any delay in delivery due to any of the aforementioned causes the time for delivery shall be extended to the extent of the delay caused. Limit of the Seller's liability on any ground whatsoever shall in all cases be the invoice value of the goods or services and the Seller shall in no circumstances be liable for loss of profit or other consequential loss of any kind whatsoever.
CONDITIONS, WARRANTIES AND DEFECTS LIABILITY
In lieu of any warranty, condition or liability implied or imposed by law, the Consumer Rights Act of 2015 will apply.
If the contract provides for delivery of the goods by installments and the Buyer has failed to pay by the due date for goods already delivered under the contract, then (without prejudice to any other remedies) the Seller shall be entitled: a) to suspend further deliveries under the contract so long as the Buyer remains in arrears; b) to cancel the remainder of the contract if the default in payment shall continue for 30 days after written notice referring to this condition shall have been given by the Seller to the Buyer requiring payment and in either case without prejudice to any remedies the Seller may have against the Buyer in damages or otherwise. Each installment shall be deemed to be the subject of a separate contract and non-delivery or delay in delivery of any installment shall not affect the balance of the contract or entitle the Buyer to cancel the same.
The Buyer shall indemnify the Seller against all damages, penalties, costs and expenses to which the Seller may become liable as a result of work done in accordance with the Buyer's specification which involves the infringement of any letter patent or registered design.
REMEDIES ON DEFAULT
If the Buyer shall make default in or commit a breach of the Contract or of any other of his obligations to the Seller, or if any distress or execution shall be levied upon the Buyer's property or assets, or if the Buyer shall make or offer to make any arrangement or composition with creditors, or commit any act of bankruptcy, or if any petition or receiving order in bankruptcy shall be presented or made against him, or if the Buyer is a company and any resolution or petition to wind up such company's business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented, or if a receiver of such company's undertaking, property or assets or any part thereof shall be appointed, the Seller shall have the right forthwith to terminate any Contract then subsisting and upon written notice of such termination being posted to the Buyer's last known address any subsisting Contracts shall be deemed to have been terminated without prejudice to any claim or right the Seller may otherwise make or exercise.
Notwithstanding any other provision of this agreement, nothing herein shall confer or is intended to confer a benefit on any third party for the purpose of the current Contract (Rights of Third Parties) Act or for any other purpose.
Each of the parties agrees that, save in respect of statements made fraudulently, it shall have no remedy in respect of any untrue statement upon which it relied in entering this Agreement and that its only remedies shall be for breach of contract.
APPLICABILTY OF TERMS AND CONDITIONS
These terms and conditions will apply to any transaction between the Company and the Buyer. These terms are final and cannot be superseded by the Buyer’s terms and conditions.
GOVERNING LAW AND JURISDICTION
The laws of England and Wales shall govern this Agreement and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales. European Payment Orders and EU Cross Boarder Claims will be enforced where relevant.
*Please contact Customer Services on 01322 537439 for relevant forms or issues pertaining to these terms and conditions of sale in the first instance. Calls to AV&VS Ltd s Ltd may be recorded for quality and training purposes.