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Spice Communications - Terms & Conditions of Sale
All orders are accepted and executed on the
understanding that the Purchaser is bound by the following conditions
of sale, which shall constitute a binding contract, except where specifically
varied in writing. In the event of the customer’s order containing
conditions contrary to these conditions of sale they are not accepted
without written consent from Spice Communications. The phrase "our
web site" refers to www..spice communications.co.uk
ORDERS
1.1 Orders placed via our web site will be treated as
firm orders and processed accordingly. Requests for quotations must be
made by email, fax or telephone.
1.2 Unless confirmation of telephone orders is clearly
marked on the official orders Spice Communications will accept no responsibility
for duplication of despatch
2 PRICE
2.1 Prices shown on our web site are in UK Sterling.
Changes in quantity may affect price. Spice Communications reserve the
right to vary prices without notice and to charge the Purchaser the price
ruling at date of despatch.
2.2 Web site prices may vary
from issued price list prices, where a price is lower on the web site,
the lower price only applies to orders placed and processed via the web
site.
3 DELIVERY
3.1 Every endeavour will be made to maintain delivery
dates but no responsibility for later delivery due to circumstances beyond
our control will be accepted. In no case shall delay be a ground for rejecting
goods or terminating the contract. Items quoted ex-stock for next day
delivery are subject to prior sale.
4 CATALOGUES AND BROCHURES
No responsibility is accepted for contingencies arising from errors and
omissions in data, specifications or prices from our web site Company
quotations brochures or catalogues.
5 CANCELLATION AND RETURN
If you wish to cancel an order or return an
item please call us on 01424 842892 to authorise and log the return. Non
authorised returns may be rejected.
5.1 General Returns
All sales are final and we do not supply goods on a trial or sale or return
basis. However, you are entitled to cancel your order within 7 days from
delivery of the goods for a full credit or refund less any applicable
delivery charges providing:
A) The goods must be unused* and ‘as new’
in their original packaging including all manuals and accessories, the
packaging must be in pristine condition.
Please note: "Unused"
means unused, it doesn’t mean opened, used for a few days and then
reboxed.
B) Any items with broken security
seals or have been unpacked from their original packaging will be deemed
"used" and will not qualify for a refund or credit.
C) You must notify us within
7 days from date of delivery and we will give you a Returns Reference
Number this will be valid for 14 days, within this time it will be your
responsibility to return the goods to us at your own cost and risk. We
will not accept goods back after the 14 day period.
If goods are received back with missing or used accessories, the cost
of the accessories will be charged to you or we may reject the return
entirely.
Goods received back in any condition other than ‘as new’ will
be returned back to you at your cost or made available for you to collect.
5.2 Faulty Returns
All products (unless specified) will be supplied with a one year guarantee.
All guarantees are "return to base" Should an item fail or develop
a fault please contact us as soon as possible as many "faults"
can be resolved quickly over the telephone.
If the item needs to be returned you must return the faulty item directly.
When the goods have been received, inspected and found to be faulty we
will authorise one of the following options
1. A replacement – dispatched
as soon as possible at no cost to you.
2. A repair – the repaired item will be shipped
to you at our own expense.
If the item is not found to be faulty it will be returned to you at your
cost.
The manufacturers guarantee will apply to all
items reported to be faulty after 7 days from delivery.
This returns policy does not affect your legal rights.
6 INSPECTION CERTIFICATES
A charge may be made for Inspection Certificates where order values are
less than £100 ex VAT.
7 CLAIMS
Unless claims for shortages or damage are notified in writing to the carrier
and Spice Communications within three days of receipt no liability will
be accepted by Spice Communications. In the event of non-delivery the
carrier and Spice Communications must be advised in writing within ten
days from receipt of Spice Communications invoice.
8 PAYMENT
8.1 Payment is to be made prior to goods being dispatched
unless otherwise agreed (see 8.2). We accept most credit and payment cards,
company cheques or private cheques with a valid guarantee card. Special
order items, bespoke or custom made products must be paid for prior to
delivery and in some cases prior to production, these items are non returnable/non
refundable, however your statutory rights are not affected.
8.2 A Credit account may be opened for Purchasers who
furnish satisfactory references or meet the required monthly minimum order
values as requested by Spice Communications.
8.3 Settlement terms are strictly net 30 days account.
8.4 Spice Communications shall have the right to suspend
delivery and also at its discretion to terminate the contract in respect
of and undelivered goods if the customer fails to comply with the terms
as in clause 8.2 or 8.3.
9 OWNERSHIP
The ownership of the goods shall remain with Spice Communications until
such time as all sums owing to Spice Communications whether under this
contract or any other contract have been paid.
10 LIMITED LIABILITY
Any liability which we may incur to you in contract or tort (including
liability in negligence) arising out of or as a result of:
10.1 Any failure to supply or deliver goods;
10.2 Any delay in delivery of goods;
10.3 Any defect in any goods or service;
10.4 failure of a product to perform where liability
for testing for suitability lays with you;
shall be limited to the purchase price of the goods in question. Your
statutory rights are not affected.
11 LIABILITY TO THIRD PARTIES
You shall indemnify us in respect of any liability and all losses, costs,
charges and expenses which we may suffer or incur by reason of any claim
(including for liability in negligence) made by third parties in respect
of or arising out of the state, conditions or use of goods (including,
without limitations, goods resold to third parties whether or not despatched
directly to third parties at your request) or in any other way relating
to the goods.
12 FORCE MAJEURE
12.1 These conditions of sale shall be construed in accordance
with the laws of England and if any question, dispute or difference shall
arise between the parties in respect of their interpretation, the same
shall be referred by agreement to a single arbitrator otherwise it shall
be referred to arbitration under the provisions also being applicable
to the case of reference to a single arbitrator.
12.2 We shall incur no liability for failure to perform
our obligations thereunder due to the existence of circumstances which
we have not caused and which are beyond our control.
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