Terms & Conditions
1) In this contract the following expressions have the following meanings,
a. "the company" means Smart Tune.
b. "the buyer/purchaser" means any person, sole trader, partnership, business, body corporate or other entity. Where a person deals entirely as a consumer, statutory rights shall not be affected. Where the term buyer appears within these terms it shall mean both trade and consumer buyer/purchaser unless specified as relating to a trade buyer or consumer buyer individually.
c. "the goods" means the products detailed in the sales invoice/order form
d. "price" shall mean the consideration due for purchase. The purchaser should note that prices quoted may vary during the currency of brochures (upwards or downwards) and current prices are quoted at the time of the order. In respect of orders placed via the internet, these shall not be accepted by us until confirmed.
2) Brochure descriptions, web site information and samples on display are indicative only and any specifications, weights, measurements and technical data (whether relating to performance or otherwise) have been prepared by the manufactures and are for guidance only and shall not form a description within the meaning of Sale of Goods Act (as amended). Buyers are therefore required to check current specification, colours, weights and measurements with manufactures, prior to order, as no liability shall be accepted by this company for any claim arising therefrom. Manufacturers also reserve the right to amend specification, without notice, in order to improve products or where amendment becomes necessary.
3) The company reserves the right to amend technical or clerical errors in any order without prior notice, in addition, the buyer shall ensure that all details contained within the order are correct and no liability for any error or inaccuracy shall lie with the company unless notified of such error within 5 days of receipt of any documentation containing the said error.
4) All guarantees for products are provided entirely by the manufacturers and are subject to terms contained therein. Purchasers are reminded to complete all warranty cards/ documents upon receipt of goods where appropriate.
Limitations Upon Liability
5) Advise given by agents or servants of this company during telephone/internet orders or in writing is based entirely upon information given by the purchaser with no inspection undertaken by the company. No liability can therefore be accepted by the company for incorrect advice given and all such advice should be checked by the purchaser prior to order. Where advise is given after visual inspection by agents or servants of the company, such advice shall amount to an opinion only and the company shall not accept liability for any inaccuracies. Additionally goods supplied are supplied only to correspond for the purpose for which goods of that kind are commonly supplied and not alternative uses to which they may be put. No liability for failure can be accepted by this company for such alternative use, amendment or modification.
6) For trade buyers the company is hereby excluded from any liability, however arising ,in respect of any express or implied condition, warranty or term, statement, representation whether statutory or otherwise, relating to the goods supplied. The trade buyer accepts that he is best placed to insure against losses which arise by virtue of any breech of this agreement and warrants that he carries adequate insurance in this respect.
7) Where goods purchased by the buyer are alleged to be defective, the purchaser agrees to return such goods to the seller for inspection (without the seller replacing the said goods prior to such inspection). The purchaser also agrees that it shall be reasonable for the seller to inspect, repair or replace (at its discretion) such defective goods and allow manufacturers to undertake such inspections so as to allow production methods to be modified/improved. The purchaser also agrees that is reasonable to inform the seller of any interruption, defect or failure prior to contacting third parties or incurring expense and in addition shall agree to allow the seller to remedy the defect, failure or interruption at its discretion.
8) Parts modified or adapted by the purchaser shall no longer be warranted by the manufacturer nor shall the company be liable for any failures resulting from subsequent modification.
9) Goods used for competitions are subject to extreme heat and stress whilst in use. Life expectancy and durability are greatly reduced and purchasers should note that any claim for failure wear shall not be entertained by the company and it is agreed that such use shall be a relevant circumstance for the Sale of Goods Act 1979 (as amended). In addition parts connected to parts supplied by this company may be placed under stress where specialist/competition parts are used, purchasers should take advice from experts prior to purchase. Manufacturers may also limit the guarantee when components are installed for competition use.
10) Where goods are defective, incorrectly supplied, delayed or otherwise in breach of implied terms of the buyers statutory rights, all losses which result from loss of competition points, awards, loss of entry fees or other similar loss, are excluded and shall not be reclaimable from the company. In addition the company shall accept no liability for death or personal injury.
11) No liability is accepted by the company where purchasers attempt to modify or install components supplied where it is known or ought reasonably to be known that the part supplied is incorrectly supplied, defective or otherwise not in accordance with the order.
12) The company accepts no liability in respect of failure to supply, caused by matters beyond the reasonable control of the company, including strikes, lockouts, civil disputes, acts of God, war actions or third parties.
Retention of title
13) The company retains legal and beneficial title to the goods until the company has received payment for the goods in full. The company reserve the right to deal with its property in any manner it thinks fit and shall be at liberty at any time to retake possession of the same or any part thereof and for that purpose, the buyer irrevocably authorises the company, its servants or agents to enter without notice into or upon any premises of the buyer or premises of which the buyer has possession or control, in addition the buyer irrevocably instructs all and any of its servants or agents to deliver up such property in their possession or under their control to the company or its servants or agents forthwith upon demand being made by the company.
14) All goods shall be paid for in full prior to dispatch.
15) The company reserve the right to claim back from the buyer any bank charges resulting from returned payments from the bank/ building society in addition if a buyer fails to make a payment then without prejudice to any other rights the company shall be entitled to charge the buyer interest (both before and after judgement) on the amount unpaid 2% above HSBC bank plc base rate until the payment and interest has been paid in full.
16) Suggested delivery dates and promises of delivery are made in good faith and every effort will be made to keep delivery dates given but time and place of delivery shall not be of the essence of this contract and the seller shall not be liable for any loss due to delay or failure to deliver.
17) The buyer is required to notify the company of any shortage, damaged goods, non arrival or other discrepancy within 3 days.
18) Where delivery is effected to the buyers own delivery contractor, loss or damage in transit claims should be made directly to the carrier. The company shall assist purchasers in making their claims.
19) Goods ordered in error by the buyer may be returned within 7 days of the despatch date provided
a. the goods are in saleable condition i.e. the goods are in their original packaging (without having been installed or used) and with all relevant seals and closures intact.
b. the company is notified of the discrepancies within 3 days of the despatch date.
c. Special orders will not be eligible for return.
20) This agreement shall be interpreted in accordance with English and Welsh law and industry and custom practice, English and Welsh courts shall have sole jurisdiction in respect of any dispute arising there from. In respect of internet sales, jurisdiction or the agreement shall be with English and Welsh law and it shall be deemed that any agreement is made in Gwynedd, North Wales irrespective of any rule of contract dictating otherwise.