1. DEFINITIONS - In these Terms and Conditions:
"The Company" means Clearphone Ltd t/a Radiowarehouse.
"The Customer" means the Purchaser making a purchase.
"The Contract" means an agreement between the Company and the Customer in which these Terms and Conditions are incorporated.
"The Equipment" means the goods to be purchased from the Company by the Customer under the Contract.
"The Act" means the Sale of Goods Act 1893 as amended by the Sale of Goods (Implied Terms) Act 1973.
2. CONTRACT PROCEDURE - No terms or conditions (contained in the Customer’s official Purchase Order or otherwise) shall be binding on the company other than those set out below, unless they are expressly agreed in writing by the company and acceptance of the Equipment shall be deemed unqualified acceptance to these conditions.
3. PRICES - Prices quoted apply only to the quantities specified in the quotation for delivery in the United Kingdom and are not subject to any discounts.
4. TERMS OF PAYMENT - the prices stated are not subject to any discount and payment in full is due in advance before the goods will be despatched.
5. DELIVERY PERIOD - All references to delivery shall mean delivery ex-works. The delivery period shall commence from the date of the receipt of payment, the company will not be under any liability whatever if delivery is delayed beyond the period for any reason.
6. PROPERTY - The ownership of the equipment shall remain in and shall belong to the company until such times as the goods have been paid for in full.
7. WARRANTY - the Company offers a one year warranty on all new equipment sold and a three months warranty on all secondhand equipment sold except as provided for below:
All new batteries are offered with a six month warranty and secondhand batteries with a one month warranty.
b) All new audio accessories are offered with a six month warranty and secondhand audio accessories with a one month warranty. This warranty shall not extend to damage by misuse.
If the customer wishes to return any equipment under warranty, he shall first contact the Company with a description of the fault and shall obtain authorisation from the company to return the equipment. Equipment shall be returned at the customers expense and risk.
8. LIABILITY - Without prejudice to any rights accrued in favour of the company in respect of any breach by the customer in the contract the company shall not be obliged to honour the warranty of any of the equipment if and so long as
(a) The customer commits any breach of his obligations under the contract of
(b) The customer (or any person included in the definition of the customer) is adjudicated bankrupt or commits any act of or makes any composition or arrangement with his creditors (being a company) enters into liquidation (not being voluntary liquidation for the purpose of reconstruction or amalgamation) or has a receiver of its assets appointed.
The company shall not be liable for:-
(a) any failure to perform any of its obligations under the contract due to strikes, government restrictions acts or omissions of the customer or any other causes whatsoever beyond the control of the company or
(b) any indirect or consequential damage or loss (for example loss of profit) arising out of or in connection with any breach by the company its servants or agents (on whose behalf and for whose benefit the company makes the condition) or any of the companies obligations under the contract including (without prejudice to the generality of the foregoing) and breach of any fundamental term or any fundamental breach of any term of the Contract or
(c) any loss or damage wahatever which may be suffered by anyone as a result of any device, information or engineering or any other services provided by the company its servants or agents in good faith.
(d) Nothing contained in these conditions shall be interpreted or shall have any effect so as to exclude from the contract any of the terms implied by section 12 of the act or (where the contract relates to a consumer sale as defined in the acts by section 10 to 12 of the act or so as to exclude or restrict any liability of the company or any right or remedy of the customer in respect of any breach of any such implied term.
9. STORAGE AND DELAYED DELIVERY - The company reserves the right to make a storage charge for any equipment the customer requests the company to hold after the date on which delivery should have been made.
10. PACKING AND DAMAGE IN TRANSIT - All equipment delivered to the customer will be packed in the Companies standard transit cartons which are not suitable for storage. Any item damaged in transit must be notified in writing to the carrier and the company within three days after delivery at the address specified by the customer falling which the customer shall not be entitled to make any claim in respect thereof.
11. CANCELLATION - No cancellation, suspension or variation of the contract shall be valid unless agreed by the company in writing and such agreement will only be given on terms which compensate the company in respect of any losses arising as a result of such cancellation. Such compensation shall not be less than 15 per cent of the value of the cancelled contract or portion thereof.
12. ENGLISH LAW - The contract shall be governed by and interpreted in accordance with English law.
13. NOTICES - Any notice purported to be given under the contract to the customer shall be deemed to have been duly served and have been received by the customer in due course of post if sent by the company by pre-paid letter post addressed to the customers at the customers last known address.
14. HEADINGS - The headings do not form part of these T/C’s and shall not be taken into account in their interpretation.