Terms & Conditions
Conditions of Sale of Goods & Services - West Audio + Design Ltd t/a Music Mountain - April 2018.
All West Audio + Design Ltd. (WADL) products and services are supplied on the express understanding that the purchaser agrees to the following conditions:
1. The conditions set out below govern the contract for the supply of WADL products and/or services and override any other conditions.
2. Terms – Strictly Cash with Order. VAT will be added to all quoted prices at the prevailing rate.
3. WADL reserve the right to amend all prices and specifications without prior notification, although every attempt will be made to give reasonable notice whenever possible.
4. Carriage will be charged on all orders.
5. No exclusive or sole agencies or territorial or other restrictions are given or recognised for any town or territory.
6. The seller reserves the right by notice given at any time before delivery to vary the price of the goods if after the date hereof there any increase or decrease in the total cost of such goods to the seller arising from any cause beyond the seller’s control.
7. The seller shall not be liable for:
a. failure to perform any obligation hereunder if such failure is caused by circumstances beyond the seller's control, or
b. delay, howsoever caused in performing any obligation hereunder, nor for any costs, losses or damages howsoever arising from any such delay.
8. Each delivery shall be considered a separate transaction and the failure of any one delivery shall not affect the due performance of the contract.
9. All claims for damage to, or partial loss of goods in transit must be submitted in writing to both carrier and seller within seven days of delivery. In the case of non -delivery of the whole consignment, claims must be submitted in writing to both the carrier and the seller within seven days of receipt by the buyer (or buyer's agent) of notification of dispatch of the goods. In the absence of claims within the terms mentioned above, the goods shall be deemed to have been delivered in accordance with the contract. Any dispute made in respect of invoices must be made in writing within 14 (fourteen) days of the invoice date.
10. All warranties, conditions and representatives in respect of the goods are hereby expressly excluded and the seller shall not be liable for any loss, injury or damage arising directly or indirectly from the use, application or storage of such goods. Without prejudice to the above, the seller will be prepared to consider claims concerning the quality of the goods provided that such claims are notified to the seller within seven days of the receipt of goods by the buyer (or buyer's agent) and are limited to the value of the invoice value of the goods.
11. The buyer may not cancel the contract without the seller's written consent. No returns will be accepted without authorisation from a representative of the seller. Goods returned to the seller without such authorisation will be returned carriage forward.
12. The seller may, without prejudice to its other rights and remedies, terminate the contact if either there shall be any breach by the buyer of any term or condition hereunder or the financial responsibility of the buyer shall, in the opinion of the seller, become impaired or unsatisfactory.
13. The seller does not guarantee the suitability of the goods for any specific purpose.
14. Where the buyer has specified that the goods be of certain colour or size, such specifications shall be subject to reasonable commercial variation.
15. When goods are made or adapted by the seller in accordance with the buyer's specifications, the buyer shall indemnify the seller against all costs, claims and expenses incurred by the seller in respect of the infringement by such goods of any patents, registered designs, trademarks or other such rights belonging to third parties.
16. Tools made for the manufacture of the goods to be supplied shall remain the property of the seller even though the buyer may be charged with a sum in respect of such tools.
17. Where the goods comprise or include the buyer's own materials, the seller shall not be liable for any damage to such materials howsoever caused during the course of manufacturing, processing or finishing by the seller.
18. Both legal and equitable property in the goods shall remain in the seller until the goods have been paid for in full. Should the goods be sold before such payment is made, the buyer shall hold the proceeds of the sale of goods in trust for the seller.
19. Risk in the goods shall pass to the buyer on dispatch.
20. If buyer fails to make payments when due the seller may at their discretion charge interest on the outstanding balance of all overdue accounts at a rate of 4% above Bank of Scotland plc base rate.
21. The contract shall be governed by and continued in accordance with Scottish law and the buyer (even if resident outside the jurisdiction) shall submit to the jurisdiction of the High Court of Scotland.
22. The seller may at any time or times set off any liability of the buyer to the seller against any liability of the seller to the buyer, whether any such liability is present or future (whensoever arising), liquidated or unliquidated, under this agreement or not and irrespective of the currency of denomination. If the liabilities to be set off are expressed in different currencies, the buyer may convert either liability at a market rate of exchange for the purpose of set off. Any exercise by the buyer of its rights under this clause shall be without prejudice to any other rights or remedies available to it under this agreement or otherwise.
23. Service and Call-out Charges – a) Within 25 miles - £95 + mileage @45p/ml + VAT, b) 25-50 miles - £105 + mileage @45p/ml + VAT, c) Over 50 miles - £125 + mileage @ 45p/ml + VAT. This Charge includes travel time and the first hour of labour on site. Any additional time on site will be billed at the normal Engineering Rate (see 24).
24. Engineering and Labour Rates are £28.50 per hour plus VAT, and discretionary charges for subsistence and mileage may be levied where applicable.