MacHeaven Terms

WEB SITE TRADING TERMS AND CONDITIONS

Products are sold and supplied by Advance Distribution (the Company) on the following general terms which cancel all previous terms of business.

Payment
(a) All business with all customers is on a cash/credit card basis unless otherwise agreed.
(b) All goods must be paid for or payments must be subject to cleared funds before the Company will deliver the goods.
(c) Non-payment by the due date entitles the Company to cancel the contract or to suspend deliveries without further notice.

Price
(a) All prices will be those ruling at the date of delivery and will be quoted ex the Company.
(b) the Company price lists or pricing listed on its' web sites does not constitute an offer.
(c) All prices are exclusive of any applicable value added tax, which the customer shall be additionally liable to pay to the Company.

Uncontrollable events and delays
(a) In case of delays caused by circumstances beyond the control of the Company or the Company’s suppliers, the Company shall have the right either to suspend deliveries with-out notice or cancel the contract without liability. By way of illustration and not of limitation, the following are to be treated as uncontrollable events: strike, lockout, riot, revolution, mobilisation, war, epidemic, official regulations, transportation difficulties, working difficulties, machine breakdowns, fires, failure of suppliers, or other causes, whether similar or not.

Law of the Contract
In the case of legal disputes, the law and the courts of England shall apply.

Customer order conditions
(a) Any provisions of the customer’s order which conflict with, or are in addition to the General Terms of Business or any special terms of business shall be excluded.
(b) All orders are to be in writing and placed using the Company's web site.

Consequences of the non-application of a clause in the present Terms of Business.
Should any of the present General Terms of Business be inapplicable this would not imply that the rest of the present terms do not remain valid.

Delivery
(a) Products supplied by the Company are delivered at the risk of the Company unless the customer stipulates a special method of delivery in which event products are delivered at the risk of the customer and an extra charge may be made for delivery.
(b) Any stated delivery date constitutes only a warranty by the Company to use reasonable endeavours to effect delivery by or about the date. No liability will be accepted by the Company for failure to meet delivery dates, however caused.
(c) In any event any liability for loss or damage in the course of delivery shall in all circumstances whatsoever be limited (at the option of the Company) to the repair or replacement of the products concerned or to the crediting of the customer with the invoice value of such products.
(d) In the event of damage the customer must advise the Company of any such damage within 48 hours of delivery. No claim for damage will be allowed if advice is beyond this time limit.

Returns Procedure
(a) Product may be returned to the Company after first obtaining the Company’s agreement to do so. If it is necessary for the above action to be taken the following procedure must be followed. Failure to adhere strictly to the procedure will result in delay and/or refusal to accept goods back for credit or replacement.
(i) In the event goods are damaged or defective customers should telephone and speak to Returns Dept who will issue a returns reference.
(ii) In the event of undamaged and non-defective goods, these will normally only be accepted back for return if they have not been supplied to order.
(iii) Goods supplied to order will only be accepted back in exceptional circumstances and then subject to a restocking charge. For undamaged/non defective goods customers should telephone and speak to Returns dept who will issue a returns reference.

Products returned must be unused and unopened with all packaging material undamaged and together with all manuals, cables and accessories as originally supplied.
(iv) Products with a "Return to Base" warranty shall be returned to the Company or to the product's manufacturer at the Customer's expense.
(v) DOA "Dead on Arrival" products are deemed to be DOA if the fault is notified to the Company within 7 days or shipping, only in this case the Company will supply a replacement unit and collect the faulty product at it's expense.

Cooling off period
(a) Should the Customer decide that they do not want the purchased products they must be returned to the Company within 7 working days of the purchase date where on receipt the Customer will receive a credit for the returned goods.
(b) The return shipping cost will be met by the Customer.
(c) The goods must be returned unopened and unmarked and in their original packaging.
(d) To return goods a Returns number must be issued by the Company's Returns team, failure to obtain a Returns number may result in the goods being refused or cause a delay in processing the return.

Title and Risk
Until full payment has been received by the Company for all products whatsoever supplied at any time by the Company to the customer (a) property in the products shall remain in the Company; (b) the customer shall store the products in such way that they can be readily identified as being the property of the Company and at all times in accordance with the Company’s recommendations.

Product information
The customer shall ensure that any safety information of whatever kind provided by the Company in relation to the products supplied is passed, where the products are supplied for use at work, to the customer’s employees, or where the products are supplied for resale to the subsequent purchaser the customer shall not alter, mask or remove any such safety information from the products.
Where product information is listed on the Company's web site or marketing literature, whilst the best endeavors are made to ensure the correct information is stated the Company will not be held accountable for errors or omissions.

Limitation of Liability
(i) the Company will repair at its option, replace or credit the customer with the invoice value of any products found to be defective or faulty in all circumstances whatsoever the liability of the Company in respect of any failure to comply with the contract or other breach of duty shall be limited to such repair, replacement or credit.

Non-assignment
This document is personal to the customer who may not, without the Company’s written consent, assign, dispose or part with any interest in it.

Customer Liability
(i) Where the customer is a company the contract is deemed to be made not only with the company but also with its directors and (ii) where the customer is a partnership obligations are deemed to be joint and individual.

Amendments
The Company reserves the right to alter or amend these Web Site Trading General Terms of Business for any particular class of products or customer, these terms supersede all previous terms. E&OE Amended 1st June 2010