9 Returns/Cancellations/Replacements
9.1 Subject to clause 10, no contract shall be cancelled once accepted by the Seller nor shall any Goods which are delivered in accordance with the contract be returned without prior written approval of the Seller and on terms to be determined at the absolute discretion of the Seller.
9.2 Unless the Seller at its discretion decides otherwise, if the Seller agrees to accept the return of any such Goods then:
9.2.1 A Goods return number or reference number, return address must be obtained from the Seller and be clearly shown on the returned parcels and must be returned in the original manufacturer’s packaging (which shall not be defaced) complete with accessories, manuals and documentation. Software packages must be returned unopened with the software seal intact. Except in the case of faulty Goods, returned items not complying with these requirements will be rejected.
9.2.2 the Buyer will be liable for the cost of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the Goods being inadequately packaged by the Buyer or through the Buyer’s fault.
9.2.3 Where the Seller accepts the return of Goods, the Seller reserves the right to make a handling and restocking charge of up to 30% on Goods which are returned if they were ordered in error or are no longer required by the Buyer.
9.3 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 the specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 5 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time 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 terms of the contract.
9.4 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or conditions of the Goods or their failure to meet specification is notified to the Seller in accordance with these conditions, the Seller shall be entitled to replace the Goods (or any part thereof) 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.
9.5 The Seller shall not give any credit for returned Goods where the Seller deems the Goods not to be faulty unless otherwise agreed in writing by the Seller.
9.6 Any Goods in respect of which any claim of defect or damage is made by the Buyer shall be preserved by the Buyer intact together with the original packaging at the Buyer’s risk and shall at the request of the Seller be:
9.6.1 retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect the Goods; or
9.6.2 collected from the Buyer by the Seller if the Goods are defective.
9.7 Goods not featured in the Seller’s catalogue are not be subject to the normal returns policy and instructions for return should be confirmed with the Seller before returning the Goods.
9.8 Any goods on promotion or special offer are not returnable.
9.9 If Goods are returned while there is a promotion or clearance offer of that particular product then we may only refund the current promotional price, minus restocking charge.
10 Buyers dealing as Consumers
10.1 A Buyer dealing as a consumer shall have 7 days from the date of receipt of the Goods to cancel his order by giving notice by letter, fax or email to the Seller with a correct reference number.
10.2 The effective date of cancellation is the date on which the notice is sent.
10.3 If the Buyer fails to return the Goods to the Seller within 7 days of the date of cancellation, the Seller shall be entitled to recover the Goods and deduct the cost of so doing from any monies owed to the Buyer.
10.4 The Seller shall refund any monies paid by the Buyer as soon as reasonably possible but in any event no later than 30 days from the date the notice of cancellation was given. The refund shall be made by the same method as payment.
10.5 The Buyer shall be liable for the cost of returning the Goods to the Seller.
10.6 This clause 10 shall not apply to:
10.6.1 goods made to the Buyer’s specifications; and
10.6.2 sealed computer software which has been opened by the Buyer.
11 Insolvency of Buyer
11.1 This clause applies if:
11.1.1 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 order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
11.1.2 an encumbrancer takes possession, or a receiver is appointed of any of the property or assets of the Buyer; or
11.1.3 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.
11.2 If this clause 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 liability to the Buyer and if the Goods have been delivered but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
WE RESERVE THE RIGHT TO PROSECUTE AN INDVIDUAL or REPRESENTATIVE OF BUYER IN ORDER TO RECOVER THE LOSS (ES), WHOM KEPT PLACING AN ORDERS WITH THE SELLER, KNOWINGLY THE BUYER IS IN FINANCIAL TROULBLE, WHERE ACTED IR-RESPONSIBILLY AND CAUSED A DIRECT LOSS TO SELLER.
12 Customer Service queries
12.1 The Seller shall make every reasonable effort to resolve or acknowledge by post, telephone or email any queries which the Buyer has made within 48 hours of receipt of any such query.
12.2 The Seller shall make every reasonable endeavour to respond to complaints within 5 - 7 working days and keep the Buyer reasonably notified of any progress thereafter.
12.3 Telephone calls made to the Seller may be recorded for training purposes.
13 Trademarks and Accreditation
13.1 The Seller and Buyer acknowledge the intellectual property rights of suppliers and manufacturers of the products appearing in the Seller’s sales literature and on the Seller’s website.
13.2 Where branded Goods have been manufactured and supplied under an IS09000 approval this is indicated in the product text.
or operating environment for the System, product/unit.
and conditions do concerns you or by your business or effects any anybody in trading with us please ask for a written clarification or a revised agreement in writing.
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