Terms of Sale
TERMS AND CONDITIONS OF SALE
In these Terms and Conditions ( Terms ), the following words and phrases shall have the following meanings:
“the Buyer” means the person, firm or company who purchases the Goods from the Company:
“the Company” means InnovAntennas Limited
“Contract” means the contract between the Company and the Buyer which shall be deemed to incorporate these Terms;
“Goods” means any antennas or other products supplied by the Company to the Buyer;
“Place of Delivery” means the place to which the Goods are to be delivered.
In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
2. The Contract
The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer.
No terms and conditions contained in the confirmation of order, purchase order or other document of the Buyer will form part of the Contract.
Antenna products are built to order and completion time is around 10-14 days from the date of order unless otherwise stated by the Company. The Company will advise the Buyer if these timescales should need to change for any reason. Unless otherwise agreed in writing, the Place of Delivery shall be the Company premises and the Buyer shall take delivery within 14 days of the Company notifying the Buyer that the Goods are ready for delivery.
Any dates specified by the Company for delivery of the Goods are intended to be an estimate only. If no date is specified for delivery of the Goods, delivery shall be within a reasonable time.
Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 60 days.
Correctly supplied Goods are non-refundable or returnable if they have been assembled by the Buyer or the Buyer has has been in receipt of the Goods for more than 7 days.
5. Risk in and Ownership of the Goods
Risk in the Goods shall pass to the Buyer on delivery
Ownership in the Goods shall not pass to the Buyer until the Company has received in full in cleared funds all sums due to the Company in respect of the Goods and all other sums which are or may become due to the Company from the Buyer on any account.
Until ownership of the Goods has passed to the Buyer, the Buyer shall:
Hold the Goods on a fiduciary basis as the Company’s bailee;
Store the Goods separately from all other goods of the Buyer or any third party in such a way that they remain identifiable as the Company’s social property;
Not destroy or deface any identifying mark on the Goods or their packaging;
Maintain the Goods in satisfactory condition insured with the Company’s interest noted on the policy and hold any proceeds of such insurance on trust for the Company and not mix them with any other money.
The price for the Goods shall, unless otherwise agreed, be the price set out on the date of delivery in the Company’s price list or website. The price for the Goods shall be exclusive of all costs of carriage and insurance and applicable VAT which the Buyer shall pay in addition. The Buyer shall pay such deposit as the Company shall direct.
Subject to paragraph 5, payment of the price of the Goods shall be at the time of order or if agreed by the Company, due no later than 30 days from the date of the Company’s invoice for the Goods.
Payment shall not be deemed to have taken place until the receipt by the Company of cleared funds.
8. Warranties & Returns
All antenna products carry a Limited 5 year Warranty which includes all antenna parts against mechanical failure for as long as the Buyer owns the antenna. This warranty excludes failure due to extreme weather conditions including wind damage and reasonable wear and tear.
The Company shall not be liable for any breach of warranty if the Buyer makes any further use of the Goods after giving such notice or alters or repairs the Goods without the agreement of the Company.
The Company’s liability under the warranty shall be limited to repairing or replacing the faulty parts which will be shipped to the Buyer within 14 days of acceptance by the Company that replacement parts are required.
Return of the Goods as a whole can only be made within 7 days of receipt of the Goods provided the Goods have not been assembled. In these cases a 20% restocking fee will apply. Antennas which have been assembled will be accepted by the Company at the Company's discretion.
9. Limitation of Liability
The Company’s liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed £100.00 and the Company shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages.
10. Force Majeure
If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
11. Changes and Development
The Company reserves the right the change specification in both electromagnetic and mechanical design without notice, in the interest of continuous improvement of our products.
12. Final Product Improvements and Development
In the interest of product improvement and development, the Company reserves the right to change any product specification without notice.
If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect.
These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.
The Company aims to comply fully with the Financial Services (Distance Marketing) Regulations (SI 2095/2004) and the Consumer Protection (Distance Selling) Amendment Regulations (SI 689/2005) set out in The Consumer Protection (Distance Selling) Regulations 2000. Details of these regulations can be found upon the OPSI website.