1. Acceptance
All orders are accepted and goods subject to the following express terms and conditions, and no alterations shall apply unless specifically greed in writing between seller and customer.
2. Orders
All orders are accepted for execution at prices current at date of order. Orders sent in confirmation of telephoned instructions should be clearly marked "CONFIRMATION" otherwise the Seller will accept no responsibility for duplication of despatch. In the event of such duplication, orders will be accepted back for credit, provided all product packing remains unopened and goods are received by the Seller in "as new" condition, but will be subject to a standard returned goods handling charge of 15%. A higher charge may be made if product packaging is opened.
3. Carriage
We reserve the right to charge for carriage on any orders (including spare parts / service returns), or for any express deliveries.
4. Cancellations
Cancellation of an order may be accepted or refused at the discretion of the Seller and any such acceptance shall be subject to payment by the Buyer of a cancellation charge.
5. Scheduled Orders
Where orders are placed by the Buyer and accepted by the Seller, for delivery in more than one consignment in a period not exceeding six months then the best rate of quality applicable will be applied to all the deliveries. Such discount rates as are applicable shall be notified to the Buyer at the appropriate time. If the order is at any time reduced or cancelled, and if this reduction or cancellation is such that it brings the Buyer’s order below the discount rate applicable to the larger order, then the Seller reserves the right to issue a supplementary invoice reflecting the reduced rate of discount applicable to the actual quantity taken.
6. Dispatch Dates
Any times quoted for dispatch are to be treated as estimates only. Whilst every endeavour will be made to meet these estimated times of dispatch the Seller shall not be liable for failure to dispatch within the time quoted.
7. Terms of Payment
Where credit terms are allowed, terms of payment are strictly net and payable by the 30th of the month following month of invoice. If shipments are made in instalments, each instalment shall be separately invoiced and paid for when due, without regard to other shipments. When a Buyer's account exceeds the Seller’s payment terms, the Seller reserves the right to charge interest on the outstanding balance.
8. Ownership
The property in goods supplied by the Seller shall not pass to the Buyer until the agreed price has been paid in full. Acceptance of goods is deemed to be an acceptance of this clause.
9. Warranties
In the case of defect or faulty workmanship in products supplied by the Seller, the Buyer's remedy against the Seller shall be limited to a period no longer than 12 months from the date of purchase. We reserve the right to make repair, replacement, or give credit to value of purchase price at our option. All items which are the subject of a warranty claim must be returned freight prepaid to our Burgess Hills office, with details of the invoice covering the purchase and a description of the problem. beyerdynamic restricts its warranty liability to the repair of the goods supplied and no responsibility will be accepted for any consequential loss.
10. Damage or Loss in Transition
Any damage to goods in transit should be notified and a claim made on the Carrier within two days of receipt. Packing and contents should be held for inspection. The Seller should also be notified at the same time. If the goods are not received by the Buyer within six days of the date of invoice, carrier and Seller should at once be informed.
11. Acceptance of goods
The Buyer must inform the Seller in writing within seven days of delivery of goods of any discrepancy or damage. The Seller will not be liable for rectifying any such discrepancy or damage if notification is made more than seven days after delivery.
12. Return of goods
Goods correctly supplied in accordance with a Buyer's instructions should not be returned without the Seller's written consent. A returned goods handling charge of 15% will be made, subject to the conditions in paragraph 2 above. Where goods are alleged to be not in conformance with the published specification, full details must be given. In no circumstances will goods that have been used be considered for credit. Any goods returned to us must be accompanied by our completed return form otherwise no action will be taken.
13. Credit Notes
Credit notes are valid for 12 months from date of issue.
14. Specifications of Products
Whilst specifications are believed to correct at time of going to press, all products and product ranges are subject to manufacturer’s policies of "continuous improvement" and are liable to alteration without notice.
15. Force Majeure
The Seller shall not be liable for any delay in or failure to perform any of its obligations hereunder if the delay or failure is caused by circumstances outside the reasonable control of the Seller.
16.Legal Construction
These conditions and the contract to which this document relates, shall in all respects be constructed and operate in accordance with English Law. These conditions do not reduce or diminish any statutory rights or duties under the Sale of Goods Act (1979) and Supply of Goods and Services Act (1982) or Common law rights of either party. All contracts concluded with beyerdynamic GB Ltd. shall be governed by English Law.