Terms and Conditions
Standard Terms and Conditions of Trade
1. These Conditions
1.1 In these Terms and Conditions Audio Visual Connections Ltd, the words “the Customer” mean the person, firm or company purchasing or agreeing to purchase goods or services from Audio Visual Connections Ltd and the words “the Goods” shall mean all equipment, spare parts, other goods, repairs and purchase goods or services from Audio Visual Connections Ltd and the words “the Goods” shall mean all equipment, spare parts, other goods, repairs and Visual Connections Ltd shall be deemed to be acceptance by the Customer of these Terms and Conditions.
2. The Goods
2.1 Unless otherwise expressly agreed, goods supplied will be in accordance with manufacturer’s normal specifications current at the date of delivery and the supply by Audio Visual Connections Ltd of goods differing from any contractual specifications or descriptions shall not be a breach of the agreement between Audio Visual Connections Ltd and the Customer insofar as the goods are of approximately equivalent performance to the goods referred to in such specifications or descriptions and the Customer has confirmed that alternative goods are acceptable.
3.1 Hirers are responsible for loss and damage to goods on hire, however caused and are therefore advised to arrange suitable insurance. Audio Visual Connections Ltd accepts no liability for late or non-delivery of equipment, nor liability for failure of equipment leading to loss of earnings, software or damage to hirers own equipment or property tangible or not. Late returns are subject to an extra charge per day. Should hired equipment be lost, stolen, or damaged beyond repair, the full replacement value of the goods will be sought.
4.1 All software, schematic diagrams, drawings and designs created by Audio Visual Connections Ltd are the copyright of Audio Visual Connections Ltd.
5. Delivery, Installation & Risk
5.1 The agreed dates for installation or delivery are estimates only and a failure by Audio Visual Connections Ltd to comply with them shall not be a breach of these conditions so long as installation and delivery occurs within a reasonable time.
5.2 The Goods shall be at the Customer’s risk at the time of delivery or installation or transfer of title, whichever is earliest.
5.3 Where the Goods are installed by Audio Visual Connections Ltd, it is the Customer’s responsibility to obtain, make available and pay all licences, permits, mains electric supply, conduits, sockets and such like as are necessary for the installation of the Goods by the agreed date for the commencement of the installation and to provide all the necessary access, security, information and cooperation to enable the installation to proceed from that date.
5.4 The Customer is required to inspect the Goods on receipt and to notify Audio Visual Connections Ltd of any defects or complaints within 7 days.
5.5 If any payment due to Audio Visual Connections Ltd is overdue the Customer shall be deemed to have repudiated any agreements it may then have with Audio Visual Connections Ltd, who shall be entitled without prejudice to any other rights or remedies available to it to stop any goods in transit and to cancel any further deliveries.
5.6 All training sold must be scheduled and delivered with the customer within 6 months of client handover date or is forfeited. In the case of over video training, the customer is responsible for placing the video call to the training site. If any international video calls need to be initiated by Audio Visual Connections Ltd the client will incur ISDN call charges based on standard BT charge rates.
6. Environment & Location of Equipment
6.1 Ensure there is adequate heating and ventilation where audio visual equipment has been installed to avoid damage caused by condensation and damp.
7. Property in the Goods
7.1 Notwithstanding the risk in the Goods passed to the Customer in accordance with clause 3 the Goods shall remain the sole and absolute property of Audio Visual Connections Ltd until payment is received in full.
7.2 Audio Visual Connections Ltd may for the purpose of recovering its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess them.
8. Price and Payment
8.1 Payment is due in stages: Equipment Cost In advance, and the remaining amount in further stage payments in accordance with the customer’s credit limit supplied by Audio Visual Connections Ltd.
8.2 If payment is not made within 30 days of the invoice date Audio Visual Connections Ltd may charge the Customer 2.5% interest per month from the date of invoice until payment is received in full.
8.3 Where quotations are given, the price will remain the same at the agreed price unless additional work is requested by you, where the company has uncovered unforeseen issues; those of which not been reasonably possible to determine before work has started OR where items are not required when implementing the design either through technical requirement or client request. In all such circumstances, all costs will be discussed and agreed upon between you and the company, in writing, before any work is undertaken.
9. Cancellation and Delays
9.1 Goods or services cancelled by the Customer more than ten working days before the delivery date will result in the Customer being liable for a charge equal to 15% of the invoice value of the cancelled Goods or services.
9.2 Goods or services cancelled by the Customer less than ten working days before the delivery date will result in the Customer being liable for a charge equal to 30% of the invoice value of the cancelled Goods or services.
9.3 Services and training delayed by the Customer less than ten working days prior to commencement will result in the Customer being liable for an additional labour charge according to the following scale:
More than 5 working days’ notice – No Charge
3-5 working days’ notice – 25% of invoice value
Less than 3 working days – 50% of invoice value
On day of delivery – 100% of invoice plus travel
9.4 For a period of 6 years after installation, Audio Visual Connections Ltd shall maintain in force, with a reputable insurance company, professional indemnity insurance, product liability insurance and public liability insurance to cover the liabilities that may arise under or in connection with this agreement and shall, on the customer’s request, produce both the insurance certificate giving details of cover and the receipt for the current year’s premium in respect of each insurance.
10. Warranty and Liability of Audio Visual Connections Ltd
10.1 Audio Visual Connections Ltd shall ensure that the Goods;
(a) correspond with the description agreed between the parties;
(b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and fit for any purpose held out by Audio Visual Connections Ltd or made known to Audio Visual Connections Ltd by the Customer, expressly or by implication, and in this respect the Customer relies on Audio Visual Connections Ltd.’s skill and judgment;
(c) be free from defects in design, materials and workmanship and remain so for 12 months after delivery and;
(d) comply with all applicable statutory and regulatory requirements. Audio Visual Connections Ltd undertakes to remedy free of charge by repair or replacement any defects in the Goods covered under the manufacturer’s guarantee provided that the Customer notifies Audio Visual Connections Ltd promptly of such a defect and where the Customer arranges for the prompt return to Audio Visual Connections Ltd of the defective goods at the Customer’s risk and expense.
10.2 Audio Visual Connections Ltd shall install the Goods with the best care, skill and diligence in accordance with best practice in Audio Visual Connections Ltd.’s industry, profession or trade and shall use personnel who are suitably skilled and experienced to perform tasks assigned to them, and in sufficient number to ensure that the Audio Visual Connections obligations are fulfilled.
10.3 Audio Visual Connections Ltd shall keep the Customer indemnified in full against all costs, expenses, damages and losses (whether direct or indirect), including any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by the Customer as a result of or in connection with
(a) any claim made against the Customer by a third party for death, personal injury or damage to property arising out of, or in connection with, defects in or installation or delivery of the Goods, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance by Audio Visual Connections Ltd, its employees, agents or subcontractors; and
10.4 Audio Visual Connections Ltd on occasion may offer goods that are ‘Ex Demonstration’. This contract implies no warranty with Audio Visual Connections Ltd. Goods are being sold and transferred “as is” and Buyer hereby certifies that said goods have been inspected and are acceptable at this time. Manufacturer guarantees may be transferred to the buyer to ascertain the warranty status from the manufacturer.
11. Force Majeure
11.1 Neither Audio Visual Connections Ltd nor the Customer be liable to the other for any failure to perform its obligations due to any circumstances beyond its control.
12.1 If the Audio Visual Connections Ltd or the Customer shall be in breach of any of these conditions, then failure by that party to require the other to rectify the same shall not create any assumption that such a breach has been waived.
13.1 All demands and notices shall be in writing and addressed to Audio Visual Connections Ltd at its address shown in invoices delivered by it and to the Customer at the address given by it for delivery of invoices and shall be deemed to be duly given 48 hours after being posted by first class post or if delivered by hand at the time of delivery.
14. Completion of Works
14.1 Completion of the Work under this agreement shall be deemed as the meeting criteria as specified and previously agreed and signed off with the recipient of the work, or when theWork as completed is used for beneficial use rather than for acceptance testing purposes.
15. Law and Jurisdiction
15.1 These Terms and Conditions shall be governed by and construed in accordance with English Law.