Terms and Conditions
1. DEFINITIONS:
(a) The 'Supplier' means DAS. Its agents and assigns;
(b) The 'Purchaser' means the individual/s, firm or company purchasing from or otherwise dealing with DAS.
(c) The 'Goods' means any and all items or services supplied by DAS. to the purchaser.
(d) A 'Digibox' is a set top receiver distributed by the supplier for the reception of Digital TV services.
2. GENERAL:
Unless otherwise agreed in writing the conditions herein set out shall be deemed incorporated in any order placed by the purchaser and any acceptance of the purchaser's conditions and any conditions which the purchaser additionally seek to impose in relation to their order, the supplier's conditions shall prevail. Any description to illustrate passed on verbally or via literature shall not form any part of this contract between the purchaser & the supplier.
3. ORDERING:
Orders are taken by telephone, e-mail, internet, facsimile, in writing or verbally over the suppliers trade counter facilities. Orders are made up to the purchaser's requirements. Should any products not be available a back order will be raised which will be treated as an order when the said products are available in stock to despatch. All orders for delivery next working day (Monday-Friday) must be in prior to 4pm by Internet or e-mail 4.30pm by any other means for delivery by the suppliers own vehicles. Orders for delivery by the suppliers own vehicles are subject to the branch offices delivery schedules. (Orders must be in prior to 3pm by internet or e-mail or 3.30pm by any other means for delivery via overnight carrier).
3a. BACK ORDERS / ITEMS THAT ARE NOT IN STOCK AT THE TIME OF ORDER
In the unusual event that an item is not in stock when you place your order the maximum expected wait is 14 days from time of order. We will endevour to advise you of the delay as soon as possible. Should an item be further delayed, or be likely to be further delayed, we will let you know via e-mail or phone and you have the option to cancel without charge.
4. SMALL ORDERS:
Any orders for delivery overnight via carrier with a total value under £200 + VAT or any order for under 5 x Digiboxes will incur a charge (at time of writing £8.95 + VAT). Deliveries before 12 Noon, 10.30 am or 9.00 am also Saturday delivery and Saturday collection for delivery Monday are all also available for an additional charge. Small items can be sent via Royal Mail and can be sent either Recorded Delivery for £2.50 + VAT which simply obtains a proof of delivery for us or Guaranteed Delivery for £4.50 + VAT which insures your goods and guarantees delivery by 12 Noon the next working day.
5. CANCELLATION OF AN ORDER:
Any order, placed by telephone, e-mail, internet, facsimile, in writing or verbally, cancelled by the purchaser, may result in a charge being made by the Supplier.
6. DELIVERY:
The supplier will use its best endeavours to ensure delivery times are always before 5.30pm, however delivery times cannot be quoted and cannot be guaranteed. Therefore the supplier accepts no responsibility or liability whatsoever nature & howsoever arising which may be suffered by the purchaser as a result of any failure on the part of the supplier to deliver the goods ordered on or within a specific date or time. Delivery will be by the Suppliers own vehicles where possible & free of charge subject conditions being met in clause 4.
7. PROPERTY & RISK:
Risk of loss or damage to goods passes on to the purchaser immediately upon delivery.
8. SUITABILITY OF PRODUCTS:
The seller does not claim that products are suitable for a particular use and the responsibility rests with the Buyer to sample and test the products as to their suitability for an application. The Seller will not be liable for any loss, damage, injury or expense, consequential or otherwise, incurred arising from the use of a product or the failure of a product in an unsuitable application.
9. RETURN OF GOODS:
(a) For goods returned, other than defective goods subject to clause 9 below, to the supplier. The supplier reserves the right to make a charge for handling & restocking equal to 15% of the sale price of the goods returned.
(b) Save for goods returned subject to clause 9 below returned goods will only be accepted by the supplier if they are in a sound and resale able condition. Any goods deemed not to be resaleable by the supplier will be returned to the purchaser at the purchaser's expense. Goods will not be deemed resale able if they are returned in anything but their original packaging & in a new & unused condition.
(c) Goods especially obtained for the purchaser may not be returned for credit or exchange
10. GUARANTEES:
(a) The supplier undertakes to replace or repair free of charge any goods supplied which are defective always provided that whether or not the goods are defective shall be for the sole decision of the supplier.
(b) The supplier guarantees that they will at their option replace goods supplied faulty or repair the same subject to the claim being made within 12 months after the sale of the goods. The guarantee shall be in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose of the goods. Without prejudice to the generality of the foregoing, the supplier shall not, in any circumstances whatsoever, be liable for consequential or associated loss or damage whether or not the same arises out of the goods supplied.
11. PRICING:
(a) Prices quoted are net trade and exclusive of Value Added Tax, which shall be charged at the applicable rate according to the date of the invoice. Pricing is adjusted according to order value and previous turnover 4 price bands are in operation Trade, £100 order value, £250 order value, £500 order value all net of tax and priced from the 1st band Trade. Pricing on all orders received via the internet are correct at time of placing the order.
(b) All goods that are invoiced shall be paid for at the prices ruling at the time of despatch. The price list provided by the supplier is for guidance only and all increases in prices suffered by the supplier may cause an increase in price from the pricelist without prior notice to the purchaser.
12. QUOTATIONS:
Quotations are generally valid for a period of 30 days from the date of issue unless otherwise extended by the supplier in writing. In extenuating circumstances the supplier reserves the right to withdraw its offer. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or any other document or information issued by the supplier shall be subject to correction without any liability on the part of the supplier.
13. PAYMENT:
Payment unless otherwise arranged shall be made upon ordering using either a valid credit or charge card. If the supplier delivers using their own fleet of vehicles payment may be made upon delivery of the goods. If a credit application has been received & approved then payment may be made by the end of the month following the date of the invoice. If payment is not received by this time the supplier reserves the right to levy a late payment charge based on the outstanding balance charged at 2.5% monthly. The supplier reserves the right to demand payment of all outstanding invoices at any time.
14. RESERVATION OF TITLE:
(a) The property of the goods shall not pass to the purchaser until all sums owed to the supplier on any account whatsoever have been paid not withstanding that delivery has already taken place.
(b) The supplier shall be entitled to all rights of access to the purchasers premises to enforce its rights.
15. LAW:
The conditions and all contracts to which they apply are governed by & construed in accordance with English Law.