Terms & Conditions

1.

Definitions

The following definitions apply: 'We' 'Us' 'our' and 'ourselves' means TV Mounts Direct. 'Contract' means these terms and conditions, appropriate purchase orders and the Special Conditions. 'Customer' means the Customer who purchases the Goods. 'Goods' means the products including but not limited to items provided by the us as set out in the appropriate purchase order. 'Third Party Software' means all software owned by or licensed to the Customer from a third party owner (whether or not supplied by us) and which comprises part of the goods.

'Special Conditions' means an additional term or condition which has been agreed by the parties in writing and signed by an authorised signatory of ourselves and Customer. 'Standard Charges' means our charges for the Goods and the services to be provided under the Contract from time to time in force.

2.

General

2a.These terms and conditions apply to all contracts made between ourselves and the Customer whether written or verbal and supersede all earlier conditions of sale.
2b. The Contract supersedes all prior agreements or contracts between the parties and constitutes the entire agreement between the parties and may not be modified, waived or amended or supplemented except by written agreement between the parties.
2c. A contract will not be deemed to be binding on ourselves unless the Customer's purchase order has been accepted by the ourselves until such a time as the Customer received confirmation of their order in writing. We may, at our discretion accept any order placed by the Customer. The order will not be accepted by ourselves except in accordance with the terms of this clause.
2d. No quotation or estimate given by us shall be deemed to be binding on the parties unless expressed in writing as a 'fixed quotation' by us. It will be valid only until the date specified in the 'fixed quotation'. In which case it will be open to acceptance by the Customer. On receipt of a written acceptance of the fixed quotation by the Customer the Goods will be delivered to the Customer by a date to be notified by ourselves.

3.

Price

3a. We reserve the right to increase the price of the Goods in accordance with our Standard Charges at the date of delivery to the Customer should the price of the Goods increase between the time of order and the time of delivery. We will notify the Customer prior to delivery should this situation arise.
3b. We reserve the right to adjust prices in accordance with any changes beyond our control but not limited to rates, duties or taxes payable or collectable by ourselves including those payable by ourselves in obtaining a supply from overseas. If requested, we will produce proof of all charges and changes to the Customer.
3c. The 'price' is the price of the Goods, plus any additional charges mentioned in clause 3b, including VAT, which is payable by the Customer on all Goods.
3d. Unless otherwise agreed by the parties in writing, the price does not include installation, operator training, travelling or hotel expenses. If any such services are provided by ourselves, the Customer will pay us, our Standard Charges for them.

4.

Payment

The price of the 'Goods' is payable on demand. If the Customer does not pay any sums due to ourselves on demand or within the agreed credit term, (whichever is appropriate), without prejudice to any other right of ourselves, we reserve the right to charge interest on the balance of the invoice at the rate of 5% per month. The Customer will also be obliged to reimburse us for all costs and expenses (including legal) incurred in collecting any over-due amounts.

5.

Delivery and Acceptance

5a. Whilst we will use our best endeavours to deliver the Goods on the agreed date, we shall be under no liability whatsoever for any loss or damage resulting to the Customer, due to a delay by ourselves in delivering the Goods.
5b. The Customer has no right to modify, cancel or change the delivery date without the prior written consent of ourselves.
5c. We reserve the right to make delivery by instalments. In this event, these terms and conditions will apply to each delivery as though it were a separate contract.
5d. We reserve the right to use our own chosen carrier for delivery of the Goods to the Customer. Goods will only be delivered to the address on the invoice unless otherwise agreed by the Parties in writing at the time of placing the order.
5e. We reserve the right to withhold any deliveries if payment following previous transactions is overdue.
5f. Delivery will be deemed to have been made, when the Customer or nominated person accepts and/or signs for delivery of the Goods. The Customer must inform us within 2 days of delivery if the order is short or damaged in any way. After that time the Customer cannot make a claim against ourselves in respect of any damage or shortage.
5g. If we agree to arrange for delivery of the Goods to any Customer on a specific date, the Customer must give verbal and written notice to us immediately if the Goods are not received within 3 days of the expected delivery date. If the Customer fails so to do so, the delivery will be deemed to have been made and any due payment will become due, whether or not it has actually been delivered.

6.

Property Risk and Insurance

6a. Risk on the goods passes from ourselves to the Customer on delivery of the Goods to the Customer, but ownership of the Goods remains with ourselves until full payment is received.
6b. We reserve the right to repossess the Goods at any time if payment is overdue. The Customer will be liable for all transport and other costs and expenses incurred in the recovery of the Goods.
6c. If the Customer sells or otherwise disposes of the Goods to a third party at any time before we have received full payment, the Customer must hold and keep the proceeds of sale on trust and/or in a fiduciary capacity for ourselves and the said proceeds of sale must remain the property of ourselves and held in a separate bank account.
6d. Where we supply Goods to the Customer on loan, evaluation, service loan or hire, then the risk in the Goods also passes from ourselves to the Customer on delivery to the Customer. In the event of loss, the Customer will indemnify us to the full retail value currently recommended by the manufacturer and will reimburse us the full retail value.
6e. The Customer shall keep the Goods marked and separately stored at its expense so as to be clearly identified as our property.
6f. The Customer must hold at all times suitable insurance cover for the Goods loaned or hired from us with reputable insurers against all insurable risks from no later than the time of their leaving the our premises, at the same time shall also insure them for the benefit of ourselves and the Customer and all other persons in anyway connected with the Goods against all known and insurable risks to persons and property which might in any way arise out of the Goods or their use.

7.

Copyright

7a. The Customer is not entitled to any rights of copyright or design or any similar rights in respect of any of the Goods.
7b. We are is free to produce similar goods and sell them to other parties without any restriction.

8.

Force Majeure

8a. We are not liable for any failure in performance of any obligations under the Contract caused by factors outside our control. In the event of such failure, we may terminate the Contract without liability to the Customer.

9.

Warranty

9a. We warrant all products in accordance with the relevant manufacturers warranty/DOA period. Details of which are available from the specific manufacturer.
9b. The warranty period on all products, unless otherwise stated is for one year from date of sale from the reseller to the end user or from thirteen months from the date of invoice from ourselves, which ever is the sooner.
9c. The express terms of the Contract are in lieu of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, cause of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
9d. We have no liability or obligation to replace the goods if any part has been modified or repaired improperly, stored or used, damaged by accident or neglect or maintained other than in accordance with the agreed maintenance agreement.

10.

Proprietary Rights in Software Products

10a. The Customer acknowledges that any proprietary rights in any Third Party Software supplied within this contract, including but not limited to any title or ownership rights, patent rights, copyrights and trade secret rights, shall at all times and for all purposes vest and remain vested in the Third Party Software owner.
10b. The Customer acknowledges that it is its sole responsibility to comply with any terms and conditions of licence attaching to Third Party Software supplied and delivered by ourselves (including, if so required the execution and return of a Third Party Software licence). The Customer is hereby notified that failure to comply with these terms and conditions could result in the Customer being refused a software licence or having the same revoked by the proprietary Software owner as a result of any breach by the Customer of such conditions.
10c. No title or ownership of Software products or any Third Party Software licenced to the Customer under this agreement is transferred to the Customer under any circumstances.

11.

Returns and Refunds

We reserve the right to levy a re-stocking charge in respect of the rotation of goods and returns.
11a. Returns must be subject to the following:

• You are responsible for any costs associated with returning the product for any reason,
• prior authority must be received from ourselves with an appropriate Return Materials Authorisation (RMA) number quoted,
• within 30 days of the date of the invoice,
• subject to stock rotation policy,
• the Goods to be returned at your own expense and must be properly packed and in a saleable condition,
• the Goods must be accompanied by a detailed packing list,
• the Goods are still covered by warranty (section 10).

11b. We reserve the right to reject any Goods returned which do not comply with the conditions as set out in clause 14a.
11c. If we never-the-less agree to accept any Goods returned in a non-saleable condition, we reserve the right to charge the cost to the Customer of bringing the Goods to a saleable condition.
11d. Subject to clauses 11, 11a, 11b, and 11c above, any refund of payment due to the Customer for returned items will be made accordingly and notified to the Customer within a reasonable amount of time sufficient for verification by ourselves that the aforementioned clauses have been satisfied.

12.

Governing Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with the laws of England & Wales and each party agrees to submit to the exclusive jurisdiction of the courts of England.

13.

Limited Liability

TV Mounts Direct shall not under any circumstances be liable for any consequential or indirect damages or losses however caused.

14.

Statutory Rights

All statements, guarantees or warranties in the above terms and conditions are in addition to your statutory rights.