STANDARD TERMS AND CONDITIONS FOR THE SALE OF GOODS
1.1 The “Buyer” means the person who buys or agrees to buy goods or services from the Seller.
1.2 The “Seller” means Equal Adventure Developments Ltd.
1.3 “Conditions” means the Conditions of Sale and Contract set out in this document and any special conditions agreed in writing by the Seller.
2.1 These “Terms and Conditions” do not affect your statutory rights as a consumer.
2.2 All contracts of sale made by the Seller shall be deemed to incorporate these terms and conditions which shall prevail over any other document or communication from the Buyer.
2.3 If any amendments to this terms and conditions are required it is a condition that they be confirmed in writing.
2.4 Acceptance of delivery of goods or services shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.
3.1 The Price shall be that on the Seller’s current list price, or as shown on the Seller’s web site, or the price contained in the Seller’s specific quotation to the Buyer, as applies.
3.2 Should a product price or service change between receipt of order and dispatch the buyer will be notified and given the opportunity to cancel the order.
3.3 All Prices are exclusive of VAT and charges for packing, postage and carriage (plus VAT) shall be paid in addition.
3.4 Payment for sales must be made in full before dispatch of any goods or commencement of any service.
3.5 In the case of sales on credit, payment is due in full by the payment date specified on the invoice. Time for payment shall be of the essence and any failure to pay shall entitle the Seller at its option to treat the Contract as repudiated by the Buyer or to delay delivery until paid.
3.6 If any act or proceedings shall be commenced in which the Buyer’s solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable
4. Interest on Overdue Invoices
4.1 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at 8% above The Royal Bank of Scotland base lending rate for the time being in force per calendar month.
5. Warranty and Liability
5.1 The Seller warrants that the goods or services will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the goods or services, whether implied by Statute, Common Law or otherwise are excluded and the Buyer is satisfied as to the suitability of the goods or services for the Buyer’s purpose.
5.2 While every effort is made to ensure that the goods or service specifications are accurate, Equal Adventure Developments Ltd and other manufacturers do add and remove functionality in their products as products and software are developed. It is highly recommended that an evaluation of the chosen product(s) or service is carried out to ensure that it meets your functional requirements prior to purchase.
6.1 Where a specific delivery date has been agreed, and if this delivery date cannot be met the Buyer will be notified and a new delivery date agreed.
6.2 Whilst every reasonable effort shall be made to keep any delivery date, date and time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.
6.3 Delivery of the Goods or services shall be made to the Buyer’s nominated delivery address and the Buyer shall make all arrangements necessary to take delivery of the goods or services whenever they are tendered for delivery.
7. Ownership and Risk
7.1 The risk in goods and services provided shall pass to the Buyer upon delivery of such goods or services or upon the goods or services being appropriated to the Buyer but kept at the Seller’s premises at the Buyer’s request.
7.2 The Seller remains the owner of the goods or services affected by the Contract of sale until the Seller has been paid in full for such goods or services, or both.
7.3 The Buyer shall inspect the goods or services immediately upon receipt and shall notify the Seller in writing within five days of delivery if the goods or services are damaged or do not comply with any of the Contract. If the Buyer fails to do this he is deemed to have accepted the goods.
7.4 Any goods or services in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with the original packing at the Buyer’s risk and either
a) retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect or collect the goods or services or
b) at the Seller’s option goods returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the goods are in fact defective.
8. Cancellation and Returns
8.1 The Seller reserves the right to make a handling and restocking charge of 25% on goods only which are returned if they were ordered in error or are no longer required.
8.2 If you are a consumer you have the right, in addition to your other rights, to cancel your contract for the supply of goods only with Equal Adventure Developments Ltd and receive a refund. You must inform us in writing of your desire to cancel your contract within 5 working days of receipt of the relevant goods. You must return the unused goods to us at your cost and we advise you to ensure the goods are adequately packed and insured during any return journey.
The Buyer shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Buyer by the Company or its agents and any other confidential information concerning the Company’s business or its products which the Buyer may obtain and the Buyer shall restrict disclosure of such confidential material to such of its employees, agents or sub-contractors as need to know the same for the purpose of discharging the Buyer’s obligations to the Company and shall ensure that such employees, agents or sub-contractors are subject to like obligations of confidentiality as bind the Buyer.
10. Force Majeure
In the event that the Seller is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and failure of third parties to deliver goods, the Seller shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfilment is prevented.
11. No Waiver
11.1 The Seller’s failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.
12.1 Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the goods or service provided and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damage or loss whatsoever.
13.1 If you have a complaint about our service or any goods or services you purchase from Equal Adventure Developments Ltd then please inform us in writing immediately. You will be contacted as soon as possible to remedy such complaint without undue delay.
13.2 All complaints will be dealt with in a fair and confidential manner.
14.1 Any and all contracts shall in all respects be construed and operate as an English contract and in conformity with English law.
14.2 If any part of these terms and conditions that is not fundamental is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of these terms and conditions.
15.1 Unless otherwise provided in writing at the point of purchase, all equipment sold by Equal Adventure carries a one year parts and labour warranty.
These terms and conditions, and any relationship established with you, shall be governed by and construed in accordance with Scots Law and any disputes arising shall be subject to the non-exclusive jurisdiction of the Scottish Courts.