Terms and Conditions
In these conditions, unless the context requires otherwise:
1.1 'Buyer' means the person who buys or agrees to buy the goods from the Seller;
1.2 'Conditions' means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;
1.3 'Delivery Date' means the date specified by the Seller when the goods are to be delivered;
1.4 'Goods' means the products which the Buyer agrees to buy from the Seller;
1.5 'Price' means the price for the Goods excluding carriage, packing, insurance;
1.6 'Seller' means Big-Screen.TV, part of the waterprooftv.co.uk group, 3 Elliott Drive Leicester, United Kingdom, LE3 3FA.
2. Conditions Applicable
2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3. Price and Payment
3.1 The Price shall be the Seller's quoted price. The price is exclusive of VAT ,Unless stated otherwise, carriage quoted upon request
3.2 Payment of the Price shall be due at the time of ordering the Goods which shall for the purposes of 3.3 below be the date the invoice is due. Unless stated otherwise.
3.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 4% above Barclays Bank plc's base rate from time to time in force and shall
accrue at such a rate after as well as before any judgment.
3.4 If the Buyer fails to make payment then without prejudice to any other right or remedy available the Seller is entitled to cancel the contract and suspend any further deliveries
4. The Goods
4.1 The quantity and description of the Goods shall be as set out in the Seller's quotation
4.2 The colours of the Goods supplied are standard, unless specified otherwise,
4.3 The Sellers gives no guarantee that the Goods will accord precisely with the colours advertised and the Buyer accepts the risk that there may be minimal difference.
4.4 Unless specified otherwise the Goods will be manufactured to British standard compliance., and supplied complete with the relevant fixings
4.5 All Goods are only suitable for areas as described by the seller.
4.6 All specifications are supplied via the manufacturer of the items, if specifications change Big-Screen.TV hold no responsibility for these changes, please ensure you have all specs or wait until the goods are delivered prior to installation.
5. Warranties and Liabilities
The Seller warrants that the Goods supplied will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer as defined in the Unfair Contract Terms Act 1977 Section 12 and/or the Unfair Terms in Consumer Contracts Regulations 1999 Regulation 3(1)) all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
The guarantees accompanying the Goods are without exception subject to the products being installed in accordance with best working practice, manufacturers installation guides and relevant British Standards (when installed in the U.K), all guarantees are on a return to base at customers own cost basis including all sales overseas. Big-Screen.TV will take full responsibility for the costs and return of the repaired items, If the goods are found to be non repairable then a like for like replacement will be offered. These conditions apply unless otherwse notified in writing.
7. Delivery of Goods
7.1 Delivery of the Goods shall be made, subject as provided below, to the Buyer's address on the Delivery Date. The Goods may be delivered in advance of the Delivery Date upon the giving of reasonable notice to the
Buyer. The Buyer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery. Delivery dates given as approximate will be delivered within reasonable times to quotations given.
7.2 Delivery of Goods will be charged as per quote unless stated otherwise.
7.3 Delivery of Goods on single driver vehicles may need help from the buyer to unload the goods off of the vehicles.
7.4 The Goods shall be delivered, subject to clause 7.4.1 and 7.4.2 below, between Monday and Friday (excluding public holidays) between 8.00am and 6.00pm.
7.4.1 For a specified date delivery the seller will endeavour to complete the delivery on the date given, deliveries can be delayed due to circumstances beyond the seller’s control.
7.4.2 Deliveries of any value on Saturdays will incur a surcharge quoted upon request.
7.5 In the event that the carriage company is unable to deliver the Goods on the Delivery Date due to the Buyers non-attendance a redelivery charge will be payable by the Buyer.
7.6 The Goods must be delivered to the Buyer within 10 days of the Buyer being notified by the Seller they are ready for delivery failing which a storage fee will be charged.
7.7 All Goods must be checked and signed for by the Buyer by way of an acknowledgement of delivery.
7.8 Any damage or discrepancies between the Goods received and those ordered must be reported to the Seller in writing within 48 hours. Failure to comply may invalidate any claim.
7.9 The Seller will not be liable for any charges incurred in respect of trades persons booked to coincide with the delivery of the Goods and the Buyer pre-books such persons entirely at their own risk.
7.10 The provisions of this clause apply only to delivery in Mainland UK. For delivery outside this area please contact the Sales Office.
8. Acceptance of the Goods
8.1 The Buyer shall be deemed to have accepted the Goods 24 hours after delivery to the Buyer.
8.2 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
9. Remedies of the Buyer
9.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of
9.1.1 All Goods returned to the Seller for incorrect orders or not suitable products, will be liable to a re-stocking charge equal to 30% of the retail or usual selling price. This must be within 30 days of purchase and agreed with the seller prior to return. (A 7 day cooling off period will be granted on all stock items that have not been opened or unpacked from the original packaging)
9.1.2 The Goods shall not be returned to the Seller without prior written acknowledgement of the return.
9.2 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
9.3 Except in the case of death or personal injury caused by the negligence of the Seller the Seller shall not be liable to the Buyer by reason of any representation or implied warranty condition or other term or any duty at
common law or under the express terms of the contract for any consequential loss or damage (whether for loss or profit or otherwise) which arise out of or in connection with the supply of Goods or your use
or resale of them except as expressly provided in these conditions
9.4 The Seller shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any obligations in relation to the Goods if the delay or failure was due to
any cause beyond the Sellers reasonable control, namely, acts of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws prohibitions or measures of any kind on the part of any governmental parliamentary or local authority; import or export regulations or embargoes; strikes lockouts or other industrial action or
trade disputes (whether involving any of the Sellers employees or those of a third party); difficulties in obtaining raw materials, labour, fuels, parts or machinery, power failure or breakdown in machinery.
9.5 The liability of the Seller will under no circumstances extend beyond the repair or replacement of the Goods
9.6 The Seller nor manufacturers do not accept liability for any labour costs incurred in the replacement of the Goods or damage to any property.
10. Basis of Sale
10.1 None of the Seller's employees or agents are authorized to make representations concerning the Goods unless the Seller has confirmed them in writing signed by an authorized signatory. In entering into the
Contract you acknowledge that you do not rely on and waive any claim for breach of any such representations which are not so confirmed.
10.2 If you follow or act upon any advice or recommendation of the Seller, or its agents, given to you as to the application, installation or use of the goods which the Seller has not confirmed in writing you do so entirely at
your own risk and accordingly the Seller will not be liable for any such advice or recommendation which it has not so confirmed.
10.3 The Seller shall be entitled to correct without any liability any typographical, clerical or other error or omission in any sale literature, quotation, price list, acceptance of offer, invoice or other documentation
or information issue by the Seller
11. Proper Law of Contract
This contract is subject to the law of England and Wales.
Big-Screen.TV comply with all WEEE regulations for disposal of electronic equiptment, please visit www.environment-agency.gov.uk/weee for all information regarding these regulations.
Any 3rd party not associated with Big-Screen.TV who use any of our own protected images or copy written text, specifications or scripts without authorised use will be ask for litigation fees against any sales made.