General
The AVStoredirect Terms and Conditions apply to all quotations, tenders, agreements, deliveries and services of any kind, between AVstoredirect and its suppliers, in so far as not otherwise agreed by the parties in writing.
Orders and Acceptance
1.1 All orders are subject to availability of the goods and to written acceptance by the companies authorised representative. Any prior confirmation by the company by email or telephone shall be deemed to be provisionally only.
Deliveries & Carriage
2.1 Delivery of goods or services takes place ex warehouse by handing over the purchased goods or services to the buyer or to the carrier.
2.2 Transport of the purchased goods or services shall be for the risk of the buyer, unless otherwise expressly agreed in writing.
2.3 Any agreed delivery term shall not be seen as a deadline. We shall only be in default after having been notified of same in writing by the buyer.
2.4 We shall be entitled at all times to require security of payment from our buyers prior to delivery.
Prices
3.1 Price quotations are excluding VAT
3.2 All quoted or listed prices are based on the cost to the company of supplying the goods to the customer and if before delivery of goods there occurs any increase in any such way of such costs in respect of goods which have not yet been delivered the price payable shall be subject to amendment without notice at the companies discretion.
Guarantee
4.1 Guarantees shall apply only to the UK, unless otherwise expressly agreed.
4.4 Defects arising from normal wear and tear, inexpert use, inexpert or incorrect maintenance or that arising from alternations of repairs by third parties, shall not be covered by this guarantee.
Liability
5.1 Except for the terms of the guarantee, we shall accept no extensive liability with respect to buyers for damage, of any nature whatsoever, including any direct or indirect damage, such as consequential damage, or industrial damage, except for liability for damage caused by gross negligence on our part, by our employees and/or people assisting us.
5.2 If and to the extent that we should be liable, for whatever reason, said liability shall at all times be limited to the agreed invoiced amount in the principal sum, excluding VAT or, if higher, to the amount of damages that we can reclaim from third parties or insurance companies.
5.3 The buyer shall indemnify us for all liability towards third parties for damage arising from or related to goods or services delivered by us.
Complaints
6.1 Complaints relating to transport damage, imperfections and/or visible defects should be reported to us within twenty-four hours after receipt of goods or services by the buyer, to avoid loss of potential right of repair, replacement or compensation.
6.2 If complaints should be dealt with after expiry of the period mentioned, this shall take place without obligation, without the buyer deriving any rights from same.
6.4 Return shipments will not be accepted by us, unless they relate to complaints, and only after we have given written permission for same. In such cases, the freight charges shall be for the account of the buyer.
Force Majeure
7.1 We shall not be bound to meet any obligation, if we should be obstructed from doing so as a result of circumstances for which we cannot be held responsible, irrespective of whether they are based on existing laws, court rulings or widely held views.
7.2 If, as a result of force majeure or other extraordinary circumstances, such as late or improper deliveries of goods and services by our suppliers, we should be not be able to meet our obligations on time, we shall be entitled to dissolve the agreement in part or in whole within a reasonable period of time.
7.3 In such cases, the buyer shall not be entitled to dissolve the agreement, nor to claim compensation.
Payment
8.1 Payment shall be made within the terms established on the website or from an the specified invoice. These terms shall be considered deadlines.
8.2 Payments made by the buyer shall initially apply to settlement of all interest and charges due, then to the longest outstanding invoices, irrespective of whether the buyer indicates payment of a later invoice.
Ownership Reservations
9.1 Ownership of all goods and services delivered or to be delivered to the buyer shall remain our property until the buyer has paid all amounts due to us, based on this or similar arrangements, including amounts due for interest and fees.
9.2 Before payment has been made in full, the buyer shall not be entitled to pledge the goods or services to third parties, or to offer them to third parties in the widest sense of the term as security. The buyer shall be entitled to use the goods and services supplied with ownership reservations, only in the course of normal business activities.
9.3 The buyer shall allow us, if payment obligations cannot be met on time, upon our first request, to reclaim all goods and services supplied with ownership reservations from the place where they are situated.
Disputes
10.1 The laws of the UK shall apply to any agreements we enter.
10.2 All legal disputes arising from any agreements between us and buyers shall be presented to the county court under whose jurisdiction we fall. However, we reserve the right to present claims for monies owed to the competent court at the buyer's place of residence or establishment.