any business undertaken by Armour Home Electronics (hereafter referred
to as the Seller) is transacted subject to the conditions hereinafter
set out. Any terms, conditions or warranties
by Statute, Common Law or otherwise, and any express terms of a Buyer’s
order, which conflict with or are in addition to these Terms of Trade
and Conditions of Sale shall have no effect. None of the Seller’s agents
or employees has any authority to alter these
Terms and Conditions.
order, howsoever communicated, constitutes a contract until it has been
accepted by the Seller, either by written acknowledgement, or by
dispatch of the goods ordered. Items not available at
the time the order is received will be dispatched as soon as the Seller
has stocks available, unless the Seller receives written cancellation
Seller reserves the right to revise prices at any time without notice,
and all orders are executed at the prices applicable at the time of
dispatch. All trade prices are stated net of
Value Added Tax.
3.2 Carriage charges are applied as notified in the Product Guide and are subject to change.
3.3 Minimum order values are applied as notified.
4.1 All invoices must be paid not later than 30 days end of month.
discount of 2% of the net value of invoice may be deducted if payment
is received strictly by 10th of the month following the month of
invoice. This also applies to payments made
in advance by Bacs, Cheque, and Debit Card. This settlement discount
does not apply to payments made by Credit Card.
4.3 No other discounts are allowed. Value Added Tax is always payable in full.
the Buyer fails to make any payment by the due date, then, without
prejudice to any other right or remedy available to the Seller, the
Seller shall be entitled to:
the Buyer interest (both before any after any judgment) on the amount
unpaid at the rate of 4% per annum above Barclays Bank Plc base rate at
the rate currently ruling, until payment
is made in full. A part of a month is treated as a full month for the
purpose of calculating interest.
4.4.2 cancel the contract or suspend any further deliveries to the Buyer.
any payment made by the Buyer to such of the Goods (or the Goods
supplied under any other contract between the Buyer and the Seller) as
the Seller may think fit (notwithstanding
any purported appropriation by the Buyer).
5. RETENTION OF TITLE
delivery and passing of risk in the goods or any other provision of
these conditions the title in the goods shall not pass to the Buyer
until the Seller has received in cash
or cleared funds payment in full of the price of the goods and all
other goods agreed to be sold by the Seller to the Buyer for which
payment is then due.
such time as the title in the goods passes to the Buyer, the Buyer
shall hold the goods as the Seller’s fiduciary agent and bailee and
shall keep the goods separate from those of the
Buyer and third parties and properly stored, protected and insured and
identified as the Seller’s property. Until such time the Buyer shall be
entitled to resell or use the goods in the ordinary course of its
business, but shall account to the Seller for the
proceeds of sale or otherwise of the goods, whether tangible or
intangible, including insurance proceeds, and shall keep all such
proceeds separate from any monies or property of the Buyer and third
parties, and in the case of tangible proceeds properly stored,
protected and insured.
such time as the property in the goods passes to the Buyer (and
provided the goods are still in existence and have not been resold) the
Seller shall be entitled at any time to require
the Buyer to deliver up the goods to the Seller, and if the Buyer fails
to do so forthwith, to enter upon any premises of the Buyer or any
third party where the goods are stored and repossess the goods.
buyer shall not be entitled to pledge or in any way charge by way of
security for indebtedness any of the goods which remain the property of
the Seller, but if the Buyer does so, all the
monies owing by the Buyer to the Seller shall (without prejudice to any
other right or remedy of the Seller) forthwith become due and payable.
6. NON-DELIVERY, SHORTAGE AND DAMAGE
goods dispatched by the Seller are insured whilst in transit to the
Buyer. No claims for non-delivery will be accepted unless written notice
of non-delivery is received by the Seller within
14 days of the date of the Seller’s invoice, which is always sent to
the Buyer separately by post or email. No claims for shortage or damage
will be accepted unless the Seller receives written notice thereof
within 72 hours of receipt of goods.
6.1.1 Any claims for transit damage must be notified to the carrier on delivery and noted on Proof Of Delivery (POD) .
reserve the right to charge carriage where goods are refused on
delivery, unless the order was cancelled in writing prior to dispatch.
any valid claim in respect of any of the goods which is based on any
defect in the quality or condition of the goods or their failure to meet
specification is notified to the Seller
in accordance with these Conditions, the Seller shall be entitled to
replace the goods (or the part in question) free of charge or at the
Seller’s sole discretion, refund to the Buyer the price of the goods (or
a proportionate part of the price, as notified
in the Product Guide or Drop Ship T&Cs as applicable) but the
Seller shall have no further liability to the Buyer.
Seller reserves the right to make any changes in the specification of
the goods which are required to conform with any applicable safety or
other statutory requirement, or which do not
materially affect their quality or performance.
Seller shall not be liable to the Buyer or be deemed to be in breach of
the Contract by reason of any delay in performing, or any failure to
perform, any of the Seller’s obligations in
relation to the Goods, if the delay of failure was due to any cause
beyond the Seller’s reasonable control. Without prejudice to the
generality of the foregoing, the following shall be regarded as causes
beyond the Seller’s reasonable control:
6.5.1 Act of God, explosion, flood, tempest, fire, accident or adverse weather;
6.5.2 War or threat of war, sabotage, insurrection, civil disturbance or requisition;
restrictions, regulations, bye-laws, prohibitions or measures of any
kind on the part of any governmental, parliamentary or local authority;
6.5.4 Import or export regulations or embargoes;
6.5.5 Strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
6.5.6 Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
6.5.7 Power failure or breakdown in machinery.
7. RETURN OF GOODS
Goods supplied in accordance with the Order will not be accepted back for credit
products distributed by Armour Home Electronics carry their own
individual guarantee. Details are available on request. The Seller
accepts no liability for any expenditure incurred by a Buyer
in the repair or attempted repair of goods or for any damage which may
be caused by any such repair or attempted repair.
9. INSOLVENCY OF BUYER
9.1 This clause applies if:
Buyer makes any voluntary arrangement with its creditors or becomes
subject to an administration order or (being an individual or firm)
becomes bankrupt or (being a company) goes into
liquidation (otherwise than for the purpose of amalgamation or
9.1.2 An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer, or
9.1.3 The Buyer ceases, or threatens to cease, to carry on business; or
Seller reasonably apprehends that any of the events mentioned above is
about to occur in relation to the Buyer and notifies the Buyer
this clause applies then, without prejudice to any other right or remedy
available to the Seller, the Seller shall be entitled to cancel the
Contract or suspend any further deliveries under
the Contract without any liability to the Buyer, and if the Goods have
been delivered but not paid for the price shall become immediately due
and payable notwithstanding any previous agreement or arrangement to the
10. DATA PRIVACY
Seller may use personal information supplied by Buyer in connection with
contracts for the supply of goods in a number of ways, for example: for
fraud prevention; for audit and debt collection;
and for statistical analysis. The Seller may share Buyer’s information
with credit reference agencies and other companies for use in credit
decisions, for fraud prevention, debt factoring and to pursue debtors.
For further information on how Buyer’s information
is used, how Seller maintains the security of Buyer’s information, and
Buyer’s right to access information Seller holds on that Buyer, please
write to Seller at Armour Home Electronics, Units 7 & 8, Stortford
Hall Industrial Park, Dunmow Road, Bishops Stortford,
Herts, CM23 5GZ
All our contracts shall be governed by English Law and shall be within the exclusive jurisdiction of the courts of England.