- “Goods” means any item(s) sold by The Audiophile Buying Club.
- “the Customer” means any person, firm or Company buying any item sold by The Audiophile Buying Club.
- “Member” means any person, firm or company who has applied to become a member of The Audiophile Buying Club
- “Seller” and or “Club” means Audiophile Buying Club.
- “Working Day” means Monday to Friday excluding Bank and other public holidays in England.
2 Non Disclosure
- All written or oral prices disclosed by the Club are confidential and buyers and or members are to keep all pricing confidential and not disclose it to any third party(ies) whatsoever.
- Non-disclosure applies Ad Infinitum including upon termination of membership to the Club.
3. Prices and exchange rates and other fluctuations
- Prices quoted include VAT. But not delivery.
- Where a currency exchange rate clause is used the invoice will be calculated by reference to the rate of exchange on the date of payment of the invoice. Where payment is not made within the stipulated time the Seller reserves the right to calculate the final invoice value at the rate obtained when payment was made to the Seller’s supplier. Any interest payments to be met by the Buyer caused by late payment will be calculated in sterling and added to the final invoice. See clause 3 (III).
- The Seller reserves the right to vary the price if the seller suffers any increase in costs between receipt of the order and delivery either as a result of any act or default of the Buyer or from charges in exchange rates, transport costs or otherwise.
- Payment for the goods shall be made upon receipt of an invoice and cleared by the bank before goods are despatched or otherwise in accordance with the terms stipulated upon the invoice.
- The Buyer shall not be entitled to withhold payment as a result of any claim that it may have against the Seller.
- Interest shall be payable at the rate of 3% per month on sums outstanding after the stipulated date and for the avoidance of doubt, time shall be of the essence in respect of the payment conditions.
- The Seller may at any time renew, alter or withdraw credit terms (if any) provided to the buyer and require C.O.D. or C.W.D.
- Should default be made by the Buyer in paying any sum due under any order as and when it becomes due, the Seller shall have the right to suspend further deliveries until the default be made good or to cancel the order so far as any goods remain to be delivered thereunder.
- Packing of the goods will be to the Seller’s normal specification in non-returnable packaging.
- Where carriage is arranged by the Seller it will be at the cost and expense of the Buyer.
- Quoted delivery periods commence from the Seller‘s acknowledgment of the Buyer’s order. The Seller shall take reasonable steps to deliver the goods within the said period. No liability shall arise by his failure to do so.
- The right to deliver the goods in more than one consignment is hereby reserved. In the event of such delivery each consignment may be invoiced separately.
- Where appropriate the Buyer shall at his own expense ensure that the site for delivery or installation of the goods or equipment is ready to receive goods or equipment not later than 5 working days before the estimated date of delivery and the Buyer shall ensure that all necessary installation facilities are provided.
- Delivery: The Buyer shall advise the Seller in writing within 3 working days of delivery of any shortages or damaged items, the Buyer shall sign for the consignment as “damaged” or “short delivered”. The buyer shall notify the Seller in writing within 10 days of order or invoice (whichever is the earliest) for non delivery of consignment. These conditions must be adhered to in all instances otherwise any claims are liable to be repudiated.
From the time of despatch from the Seller’s premises the goods shall be at the Buyer’s risk save where carriage has been arranged by the Seller. Where carriage has been arranged by the Seller, the Buyer must notify the Seller in writing within 3 working days of receipt of the goods of any carriage in transit, and provide such information as is requested by the Seller to comply with the carriers conditions. Otherwise any claims are liable to be repudiated.
The buyer shall inspect the goods within 3 days of delivery and shall within 5 days of delivery notify the Seller of any defects. If the buyer fails to give such notice of the goods shall be deemed to be in all respects in accordance with contract and the Buyer shall be bound to pay for the same accordingly.
Title of all goods shall not pass to the Buyer until such time as payment in full has been received in respect of seller’s invoices payable by the Buyer which remains outstanding in whole or part.
- If within 12 months of the date of delivery (“the guarantee period”) the Buyer gives notice in writing to the Seller of any defects in the goods which shall arise under proper use from faulty design (other than a design furnished or specified by the Buyer) materials or workmanship then the seller shall repair the goods, or if they cannot be repaired satisfactory replace them free of charge so as to remedy the defect without cost to the buyer.
- The Buyer shall as soon as practicable after discovery of such defect of failure return the defective goods or parts thereof to the Seller at the Buyer’s expense and if found not to be defective (or where the defect is attributable to the buyer’s actions, design or materials) will be returned to the Buyer at the Buyer’s expense and subject to such proper charges as the Seller may deem necessary to make for work carried out testing or calibrating the goods together with V.A.T. Thereon and the Seller shall be entitled to exercise such repairers’ liens as it shall deem expedient with regard thereto.
||Notwithstanding anything herein contained the Seller shall be under no liability to the Buyer in respect of loss or defects in goods supplied except as specified in the clause and in clause (v) hereof nor shall it be held responsible for any personal injury death or loss of any kind attributable to defects in such goods and the Buyer will keep the Seller
- indemnified against any such claims. These exclusions shall not apply to consumer sales and within the meaning of the Unfair Contract Terms Act 1977.
- Neither the guarantee nor in respect of consumer sales any implied warranties or conditions will apply if the goods have been modified or repaired other than by the Seller or have been operated, stored or maintained other than as recommended by the Seller.
- The Seller’s liability under the guarantee shall be non greater than the liability of the manufacturer of the goods to the Seller.
- The goods shall not be regarded as the subject of defects unless they are not constructed in accordance with the Seller’s specification and where there is no specifications the goods shall not be regarded as defective unless the design performance or quality are of a lesser standard than normal for goods of a like type sold at similar prices.
10. Storage Charges
If delivery is delayed at the Buyer’s request the Seller shall be entitled to charge for storage of the goods from the date of commencement of such delivery. The Seller reserves the right to submit any invoice at the original delivery date and the credit terms (if any) to run from such date and such date shall also be the commencement date for the guarantee period.
11. Patent/ Copyright
- The Buyer warrants that any design or instructions furnished or given by him shall not be such as will cause the Seller to infringe any letters patent, registered designs, trade marks or trade names or copyright in the performance of the contract and the Buyer shall keep the Seller fully and completely indemnified against each and every claim of such nature howsoever arising.
- The sale of the goods and the provisions of technical data by the Seller to the Buyer does not imply freedom from industrial property rights in respect of the goods or such data all of which are expressly reserved to the Seller.
12 Materials Supplied by the Buyer
In the event that the buyer supplies materials for the purpose of facilitating fulfillment of the contract such materials shall be provided at the time requested by the Seller and if defective the Buyer shall not be entitled to reject the goods and make deductions from the contract price nor seek damages against the Seller. Further the Buyer shall indemnify and save harmless the Seller from all liability for damages against the Seller. Further the Buyer shall indemnify and save harmless the Seller from all liability for damages or otherwise arising from defects in such materials supplied.
- In the event of an order having been placed but thereafter being cancelled prior to delivery the Seller reserves the right to invoice the Buyer for any losses incurred including (without prejudice to the generality of the foregoing) loss or profit, carriage and handling charges.
- For the avoidance of doubt cancellation is impossible after delivery.
- Club member’s sales are final, no cancellations will be entertained.
If you are unsatisfied with your purchase you may return it under the consumer protection (distance selling) Regulations 2000, within 7 days of delivery for an exchange or refund, this excludes special orders like non-standard cable lengths or custom orders or finishes and all Audiophile Buying Club purchases.
The refund amount does not include the delivery charge. Please take note of the following points.
- Items must be returned in an unused condition with the original packaging, along with a valid proof of payment.
- Items are returned at your expense unless the goods were faulty upon receipt.(see clause 4.6)
- All items will be checked upon return to our premises. In the event of the product being used, or an accessory missing, a full refund will not be processed.
- Club member’s sales are final, no refunds will be entertained
15 Force Majeu
In the event of war, an act of a foreign enemy, civil commotion, government order, strikes, lock outs, breakdown of plant or the failure of the manufacturer to deliver to the Seller on time or for any other causes (whether or not of a like nature) beyond the Seller’s control the Seller shall be relieved of liabilities incurred under this contract to the extent of which the fulfillment of the obligations is frustrated or impeded.
16 Law Applicable
These conditions and the contract shall be subject to and construed in accordance with English Law.
The Club is a private members club and open to the public, firms and companies who are not involved in the audio and video industry(ies). The Club negotiates prices on behalf of its members with the aim to better those received elsewhere. The Club is not open to any individual(s) and or company(ies) employed in the Audio and video industry(ies). The Club reserves the right to refuse membership and or to terminate membership at anytime.
The Health and Safety at Work etc Act of 1974. We hereby give you notice that we have available information or product literature concerning the conditions necessary to ensure that the goods supplied hereunder will be safe and without risk to health when properly used. Unless you request such information or literature immediately on receipt of this document it will be assumed that you are already in possession of such information and literature and do not require an information or advice in connection with the safe use of the goods at work.