On Track Productions - Terms & Conditions
YOU MUST READ AND AGREE TO THESE TERMS & CONDITONS BEFORE BUYING ANYTHING FROM THIS SITE.'BUYER' means the customer of On Track Productions.
'CONDITIONS' means the standard terms and conditions of purchase set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the buyer and the seller
'CONTRACT' means the contract for the sale and purchase of the goods and (as the case may be) the supply and acquisition of the services
'DELIVERY ADDRESS' means the address stated on the order
'GOODS' means the items described in the order
'ORDER' means the buyer's purchase order to which these conditions are annexed
'PRICE' means the price of the goods and/or the charge for the service
'SELLER' means the person so described in the order
'SERVICES' means the services (if any) described in the order
'SPECIFICATION' includes any specific requirements relating to the goods or services requested by the buyer
'WRITING' includes Telex, cable, email, facsimile transmission and comparable means of communication
1. General
1.1 Every contract for the supply of goods by the seller to
the buyer is subject to these conditions. All other conditions
and terms whether implied by statute, common law, or trade
usage, or expressed by the buyer are hereby excluded save
for conditions expressly accepted by the seller in writing
and conditions and other terms which cannot be excluded by
law. The statutory rights of the buyer shall not be affected
by these conditions.
1.2 Any reference in these Conditions to any provision of
national or supranational primary or subsidiary legislation
shall be construed as a reference to that legislation as amended,
re-enacted or extended at the relevant time
1.3 The seller may decline any order upon receipt and may
revise any quotation at any time prior to acceptance of the
order
1.4 All communications to the seller by the buyer must be
properly and accurately addressed and in the event that the
buyer fails so to properly and accurately address such communications
the seller shall not be liable for any consequential loss,
damage, detention or injury of any kind whatsoever and howsoever
arising
1.5 An order once accepted cannot be cancelled except by mutual
agreement and then only on terms which would fully indemnify
the seller.
2. Warranties and liability
2.1 The seller warrants to the buyer that the goods
2.1.1 will be of satisfactory quality (within the meaning
of the Sale of goods Act 1979 as amended) and fit for any
purpose held out by the seller or made known to the seller
in Writing at the time the order is placed;
2.1.2 will correspond with any relevant specification or sample;
and
2.1.3 will comply with all primary and secondary statutory
requirements, EC Council Directives and Commission Decisions
relating to the production, sale, importation and public health
of the goods
2.2 The seller shall not be liable for defects in the goods
purchased arising from fair wear and tear, wilful damage, negligence,
abnormal use, misuse or alteration by the buyer.
2.3 The seller shall not be liable, or be deemed to be in
breach of the contract by reason of any delay in performing,
or any failure to perform, any of its obligations in relation
to the goods or the services, if the delay or failure was
beyond the seller's reasonable control. Without prejudice to
the generality of the foregoing, the following shall be regarded
as causes beyond the sellers reasonable control
2.3.1 Act of God, explosion, flood, tempest, fire or accident;
2.3.2 war or threat of war, sabotage, insurrection, civil
disturbance or requisition;
2.3.3 acts, restrictions, regulations, bylaws, prohibitions
or measures of any kind on the part of any governmental, parliamentary
or local authority;
2.3.4 import or export regulations or embargoes;
2.3.5 strikes, lock-outs or other industrial actions or trade
disputes (whether involving employees of the seller or of
a third party);
2.3.6 difficulties in obtaining raw materials, labour, fuel,
parts or machinery;
2.3.7 power failure or breakdown in machinery
2.4 Except in respect of death or personal injury caused by
the seller's negligence, the seller shall not be liable to
the buyer for any representation, or any implied warranty,
condition or other term, or any duty under common law, or
under the express terms of the contract, for any consequential
loss or damage, whether indirect or direct, for loss of profits
or otherwise, which arise out of or in connection to the supply
of goods to the buyer except as expressly provided in these
conditions.
3. Delivery and acceptance
3.1 The goods shall be delivered to, and any services shall
be performed at, the delivery address on the date or within
the period stated in the order. Where the date of delivery
of the goods or of performance of the services is to be specified
after the placing of order, the seller shall give the buyer
reasonable notice of the specified date.
3.2 Where the contract provides for deferred deliveries there
shall be deemed for the purposes of this clause to be a separate
contract for each delivery and payment for each delivery shall
be due for payment as stated in that order. Any failure or
defect in any one delivery shall not vitiate the contract
as to the remaining deliveries nor shall the buyer seek to
set off against any price due to the seller in respect of
any delivery any claim it alleges against the seller in respect
of any other delivery
3.3 While every effort will be made by the seller to effect
delivery in accordance with any pre-arranged dates no guarantee
as to dates of delivery is to be implied and the seller will
not accept liability for any loss or damage occasioned by
delay in delivery however caused
3.4 Risk of damage or loss shall pass to the buyer at the
time of delivery.
4. Return of goods
4.1 The buyer shall inspect the goods upon delivery
and if they do not correspond in nature to the goods ordered
or are defective, then the buyer shall notify the seller as
soon as is reasonably practicable. The seller will then make
arrangement with the buyer to return and replace the goods.
4.2 At the seller's discretion, goods which are non-defective
and in new condition may be returned within 30 days of delivery
for full credit, excepting carriage, which is the responsibility
of the buyer.
5. Retention of title
5.1 Notwithstanding delivery and passing of
risk in the goods, title to the goods remains with the seller
until such time as all amounts which are owed to the seller
are paid in cleared funds in full.
5.2 The seller shall be entitled at any time before title
has passed to the buyer either to require the buyer to deliver
up the goods and if the buyer fails to do so forthwith, to
enter the premises of the buyer where the equipment is stored
and repossess the same.
6. Changes
6.1 The seller reserves the right to substitute
goods of an equivalent or better specification or design.
6.2 Prices listed on this website (http://www.ontrackproductions.co.uk)
and its subpages) supersede those listed elsewhere.
6.3 Pricing errors
Although we make every effort to ensure the prices on the
website are correct, mistakes may sometimes be made. If we
discover a mistake in the price of the products you have ordered,
we will tell you and give you the option of either reconfirming
your order at the correct price or cancelling your order.
If we are unable to contact you or we receive no reply from
you, we will cancel your order. If your order is cancelled
and you have already paid for the products you will receive
a full refund.
7. Entire agreement
7.1 These conditions contain the entire agreement between the parties with respect to its subject matter, supersede ail previous agreements and understandings between the parties, and may not be modified except by an instrument in writing signed by the duly-authorised representatives of the seller.
8. Representations
8.1 The buyer acknowledges that in entering into an agreement with the seller it does not do so on the basis or in reliance of any representation warranty or other provision except as provided in these conditions and accordingly all conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law and for the avoidance of doubt no employee of the seller has authority to make any statement or representation about the goods or services or work done and supplied under this agreement
9. Enforceability
9.1 If any provision of this contract is held by any court or other competent authority to be void or unenforceable in whole or part the other provisions of this contract and the remainder of the affected provisions shall continue to be valid
10. Jurisdiction
10.1 These conditions shall be governed by and construed in all respects in accordance with the laws of England and the buyer agrees to submit to the non-exclusive jurisdiction of the English courts