Terms and Conditions
All and 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.
No 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 before dispatch.
3.1 The 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.
4.2 Settlement 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.
4.4 If 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:
4.4.1 charge 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.
4.4.3. appropriate 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
5.1 Notwithstanding 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.
5.2 Until 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.
5.3 Until 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.
5.4 The 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
6.1 All 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) .
6.2 We reserve the right to charge carriage where goods are refused on delivery, unless the order was cancelled in writing prior to dispatch.
6.3 Where 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.
6.4 The 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.
6.5 The 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;
6.5.3 Acts, 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
All 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:
9.1.1 The 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 reconstruction); 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
9.1.4 The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
9.2 If 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 contrary.
10. DATA PRIVACY
The 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.