Terms and Conditions


AVENSYS LTD TERMS & CONDITIONS OF SALE, INSTALLATION & PURCHASE ONLINE/IN STORE

1) Definitions and general notes

a) The Seller refers to Avensys Ltd

b) The Buyer refers to the company, firm, person or public authority who buys or agrees to buy Goods from the Seller and includes their successors or personal representatives.

c) "Equipment" or "Goods" refers to all and/or any classes of items which the Seller agrees to sell to the Buyer.

d) The term "Owner's Employee" shall mean any employee of the Owner whose job is either to setup, install or operate the Equipment or to provide any other services in connection with the Equipment.

e) Advice means any designs, drawings or specifications in relation to the Equipment or any information or advice as to the planning supervision or control of the Buyers operations or the installation of the equipment.

f) These terms and conditions shall apply to the sale/purchase of all Equipment or Goods by the Seller to the Buyer and shall not be overridden by any terms and conditions of the Buyer.

g) No variation of these terms and conditions will be effective unless agreed in writing by a Partner / Owner. All terms other than those expressly set out in these terms and conditions are hereby excluded.

h) All sales/purchase orders must be confirmed in writing via email or post. The written order from the buyer signifies acceptance of these terms and conditions unless otherwise agreed in writing.

i) Where the Buyer deals with the Seller as a consumer these terms and conditions do not and will not affect his statutory rights.

j) "Conditions" means the Conditions of Sale set out in this document and any special conditions agreed in writing by the Seller.

 

2) Conditions

 

a) These "Terms and Conditions" do not affect your statutory rights as a consumer.

b) 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.

c) If any amendments to this terms and conditions are required, it must be requested in writing and confirmed in writing by the seller.

d) The Buyers written Purchase Order and/or acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.

 

3) Prices

a) The Price shall be that on the Seller's current list price, or if applicable the price contained in the Seller's Official Quotation.

b) All Prices include VAT. Charges for packing, postage and Carriage (plus VAT) shall be paid in addition.

c) The total purchase price, including VAT and Delivery charges will be displayed in the Buyer's Pro Forma Invoice prior to confirming the order.

d) In the case of all sales purchase orders, payment must be made in full before the order or dispatch of any Goods unless credit terms have been otherwise agreed.

e) In the case of any credit being offered, payment is due in full on the terms of credit agreed which shall not be more than 30 days from the date of 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 or services until paid. All equipment warranty and job warranty will become void until project contract has been paid for in full.

f) 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 and Penalties/Charges on Overdue Invoices

a) 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.

b) Bank of England base lending rate for the time being in force per calendar month.

 

5) Warranty and Liability

a) The Seller warrants that the Goods 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, whether implied by Statute, Common Law or otherwise are excluded and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.

b) All warranty including equipment warranty and works warranty is applicable for 1 year from the date of order and is only valid on receipt of the full cleared funds of the project / contract total cost as outlined in the seller's official quotation.

 

6) Delivery

a) Whilst every reasonable effort shall be made to keep any delivery date, 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.

b) Delivery of the Goods shall be made to the Buyer's address and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

c) The products we deliver are often big and heavy items to lift. There will be certain occasions when they may be unable to get it into your property. Lots of steps, narrow corridors, radiators and restricted parking are just some of the things that may make delivery a problem. It is your responsibility to ensure access to your property.  In situations where we cannot gain access, we may be able to offer delivery to the nearest possible point i.e. your garage. If we believe successful re-delivery is viable when you have taken the necessary measures, we will attempt another delivery however we reserve the right to not re-attempt delivery; in this case we will always give you a full refund.

 

7) Ownership and Risk

a) The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller's premises at the Buyer's request. The delivery signature or written confirmation from the Seller to keep stock of the goods at the seller's premises signifies acceptance of risk and ownership.

b) The Seller remains the owner of the Goods affected by the Contract until the Seller has been paid in full the total contract amount inclusive of both the goods and any associated labour or works.

c) The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within a reasonable time if the Goods 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.

d) Any Goods 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: i) Retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect or Collect the Goods. Or ii) At the Seller's option 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.

e) The Seller shall not admit any liability or compromise any claim relating to the Equipment prior to delivery / handover to buyer or representative of the buyer.

 

8) Cancellation and Returns

a) If it is agreed that the goods are to be returned :- i) The Buyer will be liable cost of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the Goods being inadequately packaged by the Buyer or through the Buyer's fault. ii) The Seller reserves the right to make a handling and restocking charge on Goods which are returned if they were ordered in error or are no longer required. If the goods are faulty then the restocking charge will not apply.

9) 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 Natural Disasters, 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.

10) No Waiver

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.

11) Liability

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 and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damage.

12) Complaints

a) If you have a complaint about our service or any goods or services you purchase then please contact us immediately. You will be contacted as soon as possible and aim to provide a resolution within 7-10 working days.

b) All complaints will be dealt with in a fair and confidential manner.

 

13) Invalidation

Should any of these Terms and Conditions be held to be invalid such invalidation will not affect the validity of the remaining Terms and Conditions.

14) These Terms and Conditions apply to all orders placed for the products identified on the Avensys Store Click & Collect and purchased on this website. PLEASE READ THESE CONDITIONS - IF YOU PLACE AN ORDER USING THIS SYSTEM, THESE TERMS AND CONDITIONS WILL APPLY TO YOUR PURCHASE.

15) The supplier of the goods to which these terms and conditions apply (referred to hereafter as 'we' or 'us' as the context requires) is Avensys Limited, Avensys House, Fleming Way, Crawley, West Sussex, RH10 9JY.

16) Whilst we will try to fulfil any orders placed with us within any stated time, we shall not (save as otherwise required by law) be liable for the consequences of any delay or failure to deliver.

17) Notwithstanding any indication given by the system, all orders are accepted subject to availability.

18) Avensys Limited reserves the right to withdraw offers without prior notice.

19) Orders accepted shall only be delivered to addresses within the United Kingdom/Ireland.

20) Orders must be paid for at the time of ordering using one of the following credit/debit cards:- Visa Credit, Visa Debit, Visa Electron, MasterCard and are conditional upon subsequent validation of the card transaction with the issuer.

Or

Orders for delivery must be paid for at the time of ordering using one of the following credit/debit cards:-Visa Credit, Visa Debit, Visa Electron, MasterCard and are conditional upon subsequent validation of the card transaction with the issuer.

And/or

Orders reserved for collection at the Store (or designated collection premise) must be paid for at the time of collection.  Payments can be made with a credit/debit card (as previously identified above) or with cash.  Goods will be held for 72 hours awaiting collection, after which time they will be returned to stock.  Any monies paid for said goods will be fully refunded.

20) To ensure that your credit/debit card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.  By accepting these Terms and Conditions you consent to such checks being made.  In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information.  You can be assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected.  All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

21) When you place an order, all communications are performed with the use of our secure server software (SSL) which encrypts all the information you send to us before it leaves your computer.  Our secure server software encrypts all your personal information including credit or debit card number, name and address.  The encryption process takes the information you enter and converts it into code that is then securely transmitted over the internet in a way that cannot be intercepted by anyone other than ourselves.  Even if it were possible for anyone to intercept this information, they would not be able to understand it because of the encryption process we use.

22) In the event that an order cannot be accepted by reason of non-availability of stock, your order may be cancelled.  As stock becomes available any order re-submitted shall be accepted at the price pertaining at the time of re-submission.

23) Whilst we try to ensure that all prices on our website are accurate, errors may occur.  If we discover an error in the price of goods you have ordered, we reserve the right to cancel the order and invite you to place another order for the goods at the correct price.  If we cannot contact you we will treat your order as cancelled.  If you cancel the order and you have already paid for the goods, we will give you a full refund.

24) Any orders placed and paid for online are subject to your rights of cancellation pursuant to the Consumer Protection (Distance Selling) Regulations 2000, except in respect of supply of audio or video recordings or computer software if you have unsealed their packaging.  You may exercise this right in writing to: Avensys Limited, Avensys House, Fleming Way, Crawley, West Sussex, RH10 9JY or by emailing, info@avensys.co.uk.  In each case you must notify us within fourteen days from the date of delivery.  Following receipt of your notice we will contact you on how to return your goods. Please note that the cost of sending the goods back to us where you wish to cancel for reasons which are not due to product performance or description will be payable by you.  P&P charges will not be refunded save for in circumstances where the goods are deemed to have been defective.

25) Where product is received in a broken or defective condition, please email info@avensys.co.uk stating your order number, item to be returned, date of purchase and reason for return.  Please note that we will not accept return of any product unless such return has been authorised in advance.  In the event that goods ordered by you have not been received within 10 working days following the confirmation of order, email info@avensys.co.uk.

26) Accessories and any spare parts are supplied solely for use with the product to which they relate.  Where the goods are used for any other purpose, we shall not accept liability for any damage arising as a result of such use, and in these circumstances our liability, if any, shall be limited to the purchase price of any goods that are defective.

27) Data Security: any personal information provided by you for the purposes of entering into a purchase transaction with us shall only be used for the purpose of administering your order and for the provision of after sales service to you.  Such information shall not be released to any third parties save as for the purpose of fulfilling your order.

28) Please be aware that in no circumstances shall we be liable for any indirect, special or consequential loss or damage arising from our supply to you of any goods ordered. This does not affect our liability in respect of death, personal injury or physical damage to property arising as a result of negligence on our part.

 

 

 

 

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