Terms and Conditions
GENERAL
1. "The Company" means Longplayer SRS Ltd.. "The Buyer" means
the person, firm or company ordering or buying goods from the company.
"The Goods" means the goods the subject matter of the relevant order or
contract for sale. "Victorian Illustrations" is a trading name
of Longplayer SRS Ltd..
2. No contract in respect of the Goods between the Company and the Buyer
shall exist until the Buyer's order has been accepted by the Company.
In the event that the Buyers's order seeks to make the sale subject to
terms different from these conditions, acceptance of the Buyers order
by the Company (whether or not such acceptance is accepted by formal order
acknowledgement) shall be deemed to be a fresh offer by the Company on
the basis of these conditions. In which event (unless these conditions
are accepted by the Buyer prior to delivery) acceptance of delivery of
the Goods by the Buyer shall constitute acceptance of the Company's offer
and the Contract of Sale shall be formed at that moment. No conditions
or terms stipulated in any other communication or document shall vary
or annul any of those conditions except insofar as the same are expressly
consented to in writing by the Company.
PRICE
3. Quoted prices include the cost of normal packaging, delivery and transit
insurance. Any work carried out additional to the relevant order will be charged.
4. The prices for the Goods shall be those ruling at the date the Buyer's
order is acknowledged and the Company reserves the right to amend its
quoted prices at any time prior to the date of acknowledgement of the
order. NB. The prices quoted do not include import taxes, local to the
country of the buyer.
PAYMENT AND DESPATCH
5. The manner in which payment shall be made shall be agreed by the Company
and the Buyer. Payment in full must be made for the goods before any work
commences. Import taxes, when assessed, applicable to the country of the
buyer must be paid in full, prior to shipment.
6. Time for delivery of the Goods is not of the essence of any contract
or order and the only liablity of the Company shall be to deliver the
Goods within a reasonable time and if for any reason the Company shall
not be able to deliver the Goods within a reasonable time, then the Company
may determine the agreement by giving notice in writing to the Buyer and
shall thereafter be under no liability whatsoever to the Buyer, except
for the restitution of any monies paid by the Buyer to the Company for
the Goods. Any dates quoted for the delivery of the Goods are approximate
only and the Company shall not be liable for any delay in the delivery
of the Goods howsoever caused.
7. Should work be suspended at the request of or delayed through any default
of the Buyer for a period of 30 days the Company shall then be entitled
to payment for work already carried out, materials specially ordered and
other additional costs including storage.
RETENTION OF TITLE
8. The Company and the Buyer expressly agree that until the Company has been
paid in full for the Goods and the Goods have been delivered to the Buyer,
the Goods shall remain the property of the Company.
LOSS OR DAMAGE IN TRANSIT
9. The Buyer shall examine the Goods immediately they are delivered. The Company
reserves the right to reject claims in respect of damage in transit or non-delivery
of the Goods 7 days after the due date for delivery.
DEFECTIVE GOODS
10. The Company's liability (both in contract and in tort) in respect
of defects in the Goods shall be limited to the replacement of the faulty
Goods or material if available, or the granting of a refund as the Company
at its discretion considers appropriate in the circumstances. Such measures
shall relate only to the the actual faulty items or their value and the
Company shall not in any circumstances be under any liability to the Buyer
in respect of indirect or consequential loss or damage, sustained by the
Buyer.
11. Goods returned must be in the original packaging where possible and in
a clean condition. Before returning any Goods, please contact the Company
for authorisation - a discussion may assist in rectifying the problem before
return.
LAW
12 The Company and the Buyer agree to submit to the non-exclusive jurisdiction
of the English Courts.
13. The Company reserves to itself any copyright, patent, trade mark, registered
design or otherwise in the Goods supplied.
14. The Company's liability in any event to the Buyer howsoever arising in
respect of the production and supply of the Goods to the Buyer shall in no
circumstances exceed the value of the Goods supplied.
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