Discotronics
Conditions of Supply
1. Definitions
"Catalogue" means the catalogue (in whatever
form, whether paper or electronic) in which
these Conditions are set out.
"Company" means Discotronics (Registered in
London number 2119502. Registered office: 17,
Chipstead Lane, Tadworth, Surrey. KT20 6RD),
trading as Discotronics.
"Conditions" means these terms and conditions.
"Contract" means any contract between
Discotronics and the Customer for the supply by
Discotronics of Supplies.
"Customer" means the person(s) or company whose
order for the Supplies is accepted by
Discotronics.
"Goods" means any goods supplied or to be
supplied by Discotronics to the Customer.
"Services" means any services supplied or to be
supplied by Discotronics to the Customer.
"Supplies" means any goods or services supplied
or to be supplied by Discotronics to the
Customer.
"in writing" includes electronic communications.
2. Conditions
All orders are accepted by Discotronics subject
to and in accordance with these Conditions.
These Conditions override and exclude any terms
or conditions in or referred to in any
negotiations or course of dealing between
Discotronics and the Customer or set out in the
Customer's standard terms and conditions. If
there is any conflict between
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the other
provisions of this Catalogue and these
Conditions; or |
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the
provisions of the order and these
Conditions |
these Conditions
will prevail unless Discotronics agrees
otherwise in writing. Together with any terms
accepted by Discotronics in connection with an
order, these Conditions constitute the entire
agreement between Discotronics and the Customer
in relation to the Supplies ordered. No
variation to these Conditions is permitted
unless expressly authorised in writing by The
Proprietor of Discotronics.
3. Prices
Prices for Supplies are in £ sterling and are
exclusive of VAT. Supplies to UK address's will
be subject to VAT, which will be added at the
time of despatch, notwithstanding that Goods
supplied may subsequently be exported.
Discotronics reserves the right to change its
prices without notice at any time. Prices
charged will be those prevailing when an order
is accepted. Where Supplies are to be made in
instalments (‘Scheduled Delivery’) the price
payable for them will be that applicable at the
time of acceptance for the total quantity
ordered but, where Scheduled Delivery may
continue for a period of 30 days or more,
Discotronics reserves the right to charge the
Customer further amounts if the price of the
Supplies increases before the end of that
period. Whilst every effort is made to ensure
that all prices posted are correct in the event
that incorrect prices are advertised
Discotronics reserves the right to cancel any
orders placed for goods incorrectly priced and
return all monies paid to the purchaser.
4. Payment
Payment is due at the time of ordering. Payment
may be made by PayPal, Visa or Mastercard using
the secure payment facilities provided at
checkout.
5. Orders
Discotronics reserves the right to decline to
trade with any company or person.
Discotronics will not normally trade with
persons whose address is not confirmed with
PayPal where the payment for goods has been paid
by PayPal..
Once accepted, no order may be cancelled without
the prior written agreement of Discotronics.
Orders for Goods are accepted by Discotronics by
despatching the Goods. Delivery charges will be
advised to customers during the checkout
procedure.
6. Delivery
All prices quoted exclude delivery. Delivery
will be made to the address specified by the
Customer, at the Customer’s cost, charges
referred to in Condition 5, a delivery charge
will therefore be added to the Order at the time
of despatch. Deliveries will only be made to UK
addresses. Delivery surcharges may apply to
non-mainland addresses.
Discotronics may use any method of delivery
available to it.
Discotronics will use reasonable endeavours to
meet delivery and/or performance estimates but,
except as set out in 7 below, in no
circumstances shall it be liable to compensate
the Customer for non-delivery, non-performance
or late delivery or performance. Time for
delivery and/or performance will not be of the
essence.
7. Inspection,
defects and non delivery
The Customer must inspect the Supplies as soon
as is reasonably practicable after delivery or,
in the case of Services, performance and, except
as set out in 14 below, Discotronics shall not
be liable for any defect in the Supplies unless
written notice is given to Discotronics within
10 days of such date. Discotronics does not
write software comprised in the Goods and it is
the Customer's responsibility to check for the
presence of computer viruses before the Goods
are used.
The quantity of any consignment of Goods, as
recorded by Discotronics upon despatch from
Discotronics's place of business, shall be
conclusive evidence of the quantity received by
the Customer on delivery, unless the Customer
can provide conclusive evidence to the contrary.
Discotronics will not be liable for any
non-delivery of Goods or non-performance of
Services unless written notice is given to
Discotronics within 5 days of the date when
Goods should have been delivered or the Services
performed in the ordinary course of events. Any
liability of Discotronics for non-delivery or
non performance or for Goods notified as
defective on delivery or Services notified as
defective following performance in accordance
with this Condition 7 will be limited to
replacing the Goods or re-performing the
Services within a reasonable time or to
refunding the price then paid in respect of such
Supplies.
8. Returns
Except as detailed in Condition 9 below, no
order can be cancelled or accepted for credit
without the prior written agreement of
Discotronics. If cancellation/credit is accepted
by Discotronics, the Customer must obtain a
returns authorisation number from Discotronics
before any Goods may be returned. Discotronics
will normally arrange the collection of Goods
but may require the Customer to return smaller
items which can easily be posted. Goods to be
returned must either be freely available for
collection by Company from an agreed collection
point or received by Discotronics (where
Discotronics is responsible for their return)
within 7 days of their delivery by Discotronics,
in either case, and must be undamaged, in
saleable condition and their original packaging.
Where the Customer is responsible for returning
Goods, they should be returned to "The Returns
Department, Discotronics, 17 Chipstead Lane,
Tadworth, Surrey, KT20 6RD." quoting the
Customer's name, address and any order reference
used and the Customer should provide proof of
delivery. Goods remain at the risk of the
Customer until collected by or returned to
Discotronics (whichever is appropriate). All
Goods accepted for return, except in accordance
with Condition 8, will be subject to a
re-stocking fee of 30% of the invoice value of
the Goods.
Certain Goods are excluded from this right of
return, including software, manuals which have
been opened and specially constructed items.
Goods returned after 7 days as 'unwanted' or
'incorrectly ordered' may be accepted at the
discretion of Discotronics.
9. Distance
selling regulations
If the Customer is buying as a 'consumer', as
defined in the European Communities (Protection
of Consumers in respect of Contracts made by
means of Distance Communications) Regulations
2001, the Customer may, provided he or she has
taken reasonable care of the Goods and returns
the Goods complete, undamaged, in re-saleable
condition and in their original packaging,
return the Goods and be repaid the price paid in
respect of them within 7 working days (excluding
Saturday and Sunday and any Irish Bank Holiday)
of their delivery. To return Goods on this
basis, the Customer must notify Discotronics in
writing and return the Goods within the 7 day
period to "The Returns Department, Discotronics,
17 Chipstead Lane, Tadworth, Surrey, KT20 6RD."
quoting the Customer's name, address and any
order reference used. Goods should be returned
first class with proof of posting and the
Customer is responsible for payment of all
postage costs. Following receipt of Goods which
comply with this Condition 9, Discotronics will
refund to the Customer the price paid in respect
of the Goods.
This Condition 9 shall not apply to software
that has been unsealed by the Customer.
10.
Description
All specifications, drawings, illustrations,
descriptions and particulars of weights,
dimensions or capacity and other details
including, without limitation, statements
regarding compliance with legislation or
regulation (together "Descriptions") wherever
they appear (including, without limitation, in
this Catalogue, on despatch notes, invoices or
packaging) are intended to give a general idea
of the Supplies, but will not form part of the
Contract. If the Descriptions of any Goods
differ from the manufacturer's description, the
latter shall be deemed to be correct.
Discotronics takes all reasonable steps to
ensure the accuracy of Descriptions, but relies
on such information, if any, as may have been
provided to it by its suppliers and accepts no
liability in contract or tort or under statute,
regulation or otherwise for any error in or
omission from such Descriptions whether caused
by Discotronics's negligence or otherwise.
Discotronics may make changes to the Supplies as
part of a programme of improvement or to comply
with legislation.
11. Risk and
ownership
The risk of damage to or loss of Goods will pass
to the Customer when the Goods are unloaded from
Discotronics's carriers at the Customer's
premises. Ownership of the Goods shall not pass
to the Customer until Discotronics has received
in full (in cash or cleared funds) all sums due
in respect of the Goods. Until ownership passes
to the Customer, the Customer must hold the
Goods on a fiduciary basis as Discotronics's
bailee. If payment is not received in full by
the due date, or the Customer passes a
resolution for winding up or a court shall make
an order to that effect, or a receiver is
appointed over any assets or the undertaking of
the Customer or an execution or distress is
levied against the Customer, Discotronics shall
be entitled, without previous notice, to retake
possession of the Goods and for that purpose to
enter upon any premises occupied or owned by the
Customer.
This Catalogue remains at all times the sole and
exclusive property of Discotronics.
12. Quality
Assurance
All Goods detailed in the Catalogue have been
processed in strict accordance with standard
quality procedures approved to BS EN ISO 9002,
unless indicated otherwise on the despatch
documentation.
13.
Performance and fitness for purpose
Unless any performance figures, tolerances or
characteristics have been specifically and
expressly warranted by The Proprietor of
Discotronics in writing, Discotronics accepts no
liability for any failure of the Supplies to
comply with such criteria, whether attributable
to Discotronics's negligence or otherwise. The
responsibility for ensuring that Supplies are
sufficient and suitable for a particular purpose
is the Customer's, unless specifically stated in
writing by The Proprietor of Discotronics. Any
advice or recommendation given by an employee of
Discotronics which is not confirmed in writing
by The Proprietor of Discotronics is acted on
entirely at the Customer's risk and Discotronics
shall not be liable for any such advice or
recommendation which is not so confirmed. Except
as set out in Condition 15, the liability of
Discotronics to the Customer, should any
warranty, statement, advice or recommendation
confirmed in accordance with this Condition 13
prove to be incorrect, inaccurate or misleading,
will be limited to the refund of the price paid
for the Supplies or, at Discotronics’s option,
the supply of replacement Supplies which are
sufficient and suitable.
14.
Warranty/Guarantee
Discotronics will endeavour to transfer to the
Customer the benefit of any warranty or
guarantee given by the manufacturer of Goods.
Not all Goods are supplied with a manufacturer’s
or Company guarantee and guarantees which may be
provided by manufacturers will vary. It is the
Customer’s responsibility to check at the time
of purchase as to the applicability of
Discotronics’s guarantee and/or the terms of any
manufacturer’s guarantee. Where Discotronics’s
guarantee is provided, Discotronics will, free
of charge, repair or, at Discotronics’s option,
replace Goods or, in the case of Services,
re-perform Services which are proved to the
reasonable satisfaction of Discotronics to be
damaged or defective due to faulty materials,
workmanship or design. This obligation will not
apply:
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if the
defect arises because the Customer has
altered or repaired such Goods without
the written consent of Discotronics;
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because the
Customer did not follow the
manufacturers' instructions for storage,
usage, installation, use or maintenance
of the Goods; |
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if the
Customer has failed to notify
Discotronics of any defect in accordance
with Condition 7 where the defect should
have been reasonably apparent on
reasonable inspection; or |
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if the
Customer fails to notify Discotronics of
the defect within 12 months (or such
other period as Discotronics shall
specify at the time of acceptance of the
order for the Supplies) of the date of
despatch of the Goods or performance of
the Services. |
Any replacement
Supplies made or Goods repaired under this
Condition 14 will be guaranteed on these terms
for any unexpired portion of the period of
guarantee given on the original Supplies. Any
Goods which have been replaced will belong to
Discotronics.
The Customer grants to Discotronics and its
employees, agents and representatives a right to
enter onto its premises to effect any repair or
replacement under this Condition 14. The
Customer shall ensure that Discotronics’s
employees agents and representatives are
provided with a safe and secure working
environment while at its premises and the
Customer shall be responsible for isolating any
computers or processors requiring repair or
replacement from its network and for making
back-up copies of any information on such
computers or processors before Discotronics’s
arrival on site.
Except as set out in 15 below and 7 above, this
Condition is Discotronics's sole obligation and
the Customer's sole remedy for defective
Supplies and is accepted by the Customer in
substitution for all express or implied
representations, conditions or warranties,
statutory or otherwise, as to the satisfactory
quality, fitness for purpose or performance of
the Goods (or any materials used in connection
therewith) or the standard of workmanship of the
Services and all such representations,
conditions and warranties are excluded.
15. Liability
Discotronics does not exclude its liability to
the Customer:
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For breach
of Discotronics’s obligations under
sections 12, 13, 14 or 15 of the Sale of
Goods Act 1893, as amended by the Sale
of Goods and Supply of Services Act 1980
(the "Act") otherwise than as permitted
by Section 55 of the Act or any
statutory rights of a Customer who deals
as a "consumer" within the meaning of
the Act; |
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For personal
injury or death arising as a result of
Discotronics’s negligence; |
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Under
section 10 of the Liability for
Defective Products Act 1991;
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For any
matter which in respect of which it
would be illegal for Discotronics to
exclude or to attempt to exclude its
liability; or |
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For fraud,
including fraudulent misrepresentation
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Except as provided
in Conditions 7 (inspection, defects on delivery
and non delivery), 13 (performance and fitness
for purpose), and 14 (Warranty and Guarantee)
and this Condition 15 above, Discotronics will
be under no liability to the Customer whatsoever
(whether in contract, tort, (including
negligence), breach of statutory duty,
restitution or otherwise) for any injury, death,
damage or direct or indirect or consequential
loss (all three of which terms include, without
limitation, pure economic loss, loss of profits,
loss of business, loss of use, loss of data,
computer downtime, depletion of goodwill,
business interruption, increased purchasing or
manufacturing costs, loss of opportunity, loss
of contracts and like loss) howsoever caused or
arising out of or in connection with:
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Any of the
Supplies, or the manufacture, sale,
performance or supply or failure or
delay in performance or supply of the
Supplies by Discotronics or on part of
Discotronics’s employees, agents or
sub-contractors; |
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Any breach
by Discotronics of any of the express or
implied terms of the Contract;
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Any use made
or resale or on-supply of any of the
Supplies or any product incorporating
any of the Goods or developed using the
Supplies; |
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Any acts or
omissions of Discotronics at the
Customer’s premises; |
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Any
statement made or not made or advice
given or not given by or on behalf of
Discotronics; or |
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Otherwise
under the Contract |
And Discotronics
hereby excludes to the fullest extent
permissible at law all conditions, warranties
and stipulations, express (other than those set
out in these Conditions or given in accordance
with Condition 13) or implied, statutory,
customary or otherwise which but for such
exclusion, would or might subsist in favour of
the Customer.
Discotronics's total liability in contract,
tort, (including negligence), breach of
statutory duty, misrepresentation or otherwise
shall be limited to repairing or replacing Goods
or in the case of Services, re-performing the
Services or, at Discotronics's option, refunding
monies already paid in respect of the Supplies.
Each of Discotronics’s employees, agents and
subcontractors may rely on and enforce the
exclusions and restrictions of liability in
Conditions 7, 10, 13, 14 and 15 in that person’s
own name and for that person’s own benefit.
16.Intellectual
property rights
The Supplies in this Catalogue may be subject to
the intellectual and industrial property rights
including patents, knowhow, trademarks,
copyright, design rights utility rights,
database rights and or other rights of third
parties. No right or licence is granted to the
Customer, except the right to use the Supplies
or re-sell the Goods in the Customer’s ordinary
course of business. Discotronics shall have no
liability whatsoever in the event of any claim
of infringement of any such rights howsoever
arising.
Discotronics owns full copyright in respect of
this Catalogue and its reproduction in whole or
part is prohibited without Discotronics's prior
written consent.
17.Use of
Personal Data
"Personal Data" means, in relation to any
Customer, or any representative of a Customer
who is (in either case) a living individual, any
data from which (whether alone or in combination
with other information held by Discotronics)
Discotronics can identify that Customer or that
representative, regardless of how and when that
data is provided. Discotronics may process
Personal Data for all purposes contemplate in
these Conditions or arising in the context of
the relationship between Discotronics and the
Customer including:
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Deciding
whether to enter into any contract or
arrangement with that Customer. This may
include credit reference searches,
against a Customer or its
representatives; |
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Direct
marketing of Discotronics's products and
services which Discotronics believes may
be of interest to the Customer or its
representatives, whether by post, fax,
telephone, email, SMS, MMS or otherwise; |
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Crime
prevention or detection. |
The processing of
the Personal Data will not involve the
disclosure of that personal data to third
parties.
If, at any time, the Customer or its
representatives does not wish his or her
Personal Data to be used for any or all of the
above purposes, he or she should contact
Discotronics, 17 Chipstead Lane, Tadworth,
Surrey. KT20 6RD or notify us by email at
sales@discotronics.co.uk at the time of
ordering.
Customer or representatives of a Customer who
are living individuals have the right under the
Data Protection Acts 1988 and 2003 to request a
copy of any Personal Data relating to them. Such
Customers also have the right to have any
inaccuracies in such data corrected.
18. Promotions
In the event that Discotronics sends promotional
material to the Customer in relation to goods or
services available from Discotronics, these
Conditions shall apply to all Supplies purchased
from such material.
19. Country of
origin
Unless otherwise confirmed by Discotronics in
writing, nothing in this Catalogue is to be
taken as representation of the source of origin,
manufacturer or production of the Goods or any
part of them.
20. Age
requirements for certain Goods
Where the law requires a minimum age for the
purchase of certain Goods, the Customer confirms
that he or she is over the required age and that
delivery of the Goods will be accepted by a
person over the relevant age limit.
21. Force majeure
Discotronics shall not be liable to the Customer
in any manner or be deemed to be in breach of
these Conditions because of any delay in
performing or any failure to perform any of
Discotronics's obligations under these Contract
if the delay or failure was due to any cause
beyond Discotronics's reasonable control (which
shall include, but not be limited to government
actions, war, fire, explosion, flood, import or
export regulations or embargoes, labour disputes
or inability to obtain or a delay in obtaining
supplies of Goods or labour). Discotronics may,
at its option, delay the performance of, or
cancel the whole or any part of a Contract.
22. Recording
of telephone calls
Discotronics reserves the right to monitor,
intercept or record telephone calls and may
monitor or intercept all email or other
electronic communications made to its premises
for training, security and quality purposes. The
Customer consents to such monitoring,
interception or recording and confirms that he
or she has the authority to consent to such
matters on behalf of his or her employees,
agents or representatives.
23. Legal
construction
All Contracts shall be governed by and
interpreted in accordance with English law and
the Customer submits to the jurisdiction of the
English Courts, but Discotronics may enforce
such Contract in any court of competent
jurisdiction.
24. General
Any provision of these Conditions of Supply
which is held by any competent authority to be
invalid, void, voidable, unenforceable or
unreasonable (in whole or in part) shall to the
extent of such invalidity, voidness, voidability,
unenforceability or unreasonableness be deemed
severable and the other provisions of these
Conditions of Supply and the remainder of such
provision shall not be affected. Failure by
Discotronics to enforce or partially enforce any
provision of these Conditions of Supply will not
be constrained as a waiver of any rights under
these Conditions of Supply.
Discotronics shall be entitled, without the
consent of or notice to the Customer, to assign
the benefit, subject to the burden, of these
Conditions and/or any Contract to any company
which is the parent company or subsidiary of
Discotronics or any subsidiary of such parent
company at any time.
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