TERMS &
CONDITIONS
Resound Terms & Conditions
Please contact us to request a copy of our terms and conditions.
Terms & Conditions of Sale
Ordering
1. Customers placing orders with Resound LTD are accepting our terms and conditions of sale in full.
2. Orders must be submitted in writing and posted/emailed to our offices and will be assumed to have been signed by personnel authorised to do so by the company/organisation who wish to trade with resound Ltd. Each order must clearly state the type, quantity of equipment required and the agreed purchase price. Where applicable an order number and contact name should be supplied. Orders will only be accepted by e-mail once a credit account has been opened and written authorisation that this method of ordering is agreed by both parties.
3. No customer’s terms and conditions that overwrite those of Resound Ltd will be acceptable without authorisation in writing from a Director of our company.
Delivery
1. A delivery date will be agreed at the time of placing your order. The delivery date will be subject to (a) goods being available from our stock, manufacturer or supplier (b) a credit account being opened and accepted (c) in the case of payment in advance funds being cleared in full. (d) receipt by Resound Limited of suitable licensed radio frequencies and confirmation of these in writing.
2. Delivery and responsibility for the safety and security of the goods will deemed to have taken place once we have a signed delivery advice note or a proof of delivery via our nominated courier. All risks insurance cover is assumed.
3. Delivery costs (where applicable) will be invoiced at the agreed rate, this will be stated on our quotation provided and should be added to your official order.
4. Any short shipment or incorrect shipment must be notified to Resound in writing within 48 hours of receipt of goods.
Payment Terms
1. Unless otherwise agreed in writing by Resound credit terms are strictly 30 days from date of invoice. Failure to pay within our terms will result in credit facilities being withdrawn immediately.
2. Any invoice query must be notified in writing to Resound Ltd within 7 days of invoice date.
3. Resound reserves the right to impose an 2% interest charge per calendar month on overdue accounts.
Title to the Goods
1. Title to the goods will be retained by Resound Limited until invoices relating to the goods are paid in full.
Cancellation of Orders
1. The order once placed and accepted cannot be cancelled except with the written consent of Resound Ltd and on terms which will indemnify Resound Ltd against any losses incurred thereby.
2. A handling charge for returned goods ordered in error will be charged at 20% of the total invoiced amount including initial delivery charge and if applicable the cost of collecting any goods incurred by Resound Ltd.
3. We reserve the right to refuse to accept any written cancellation of an order and in particular where an order is for goods specifically manufactured by Resound Ltd for an order or where goods are not normally stocked by Resound and have been ordered by Resound solely for the purpose of the cancelled order.
Installation
1. All installation work will take place within normal working hours unless otherwise agreed in writing, all costings will be submitted if possible prior to work commencing on site.
2. If the installation of work on site is delayed or obstructed as a result of any circumstances outside our control other than a fault on our part, a further cost may be charged to cover any extra work involved/travel costs/hire of labour or plant equipment. Labour rates will be calculated at our normal hourly rate or as per our initial quotation.
Warranty
1. All new products supplied are covered by the manufacturer’s warranty, either 12/24 months depending on manufacturer and product type. The warranty period commences from date of delivery/receipt. Resound cannot be liable for any defects arising from fair wear and tear, physical damage, liquid ingression or damage and or interference by the customer or any third party.
2. Resound reserves the right to refuse to repair or replace goods if (a) full payment for the goods has not been made (b) the manufacturer refuses to accept the repairs/replacements under warranty for whatever reason.
Law and Jurisdiction
Any contract arising from our quotation and by the placing of an order for services/goods supplied shall
Terms & Conditions of Hire
1 Definitions
1.1 In these conditions the ‘Owner’ means Resound Ltd, Registered office at 11 Anglo Business Park, Smeaton Close, Aylesbury, Bucks. HP19 8UP and shall include its successors.
1.2 The ‘Hirer’ means the Hirer named on the advice note. ‘Equipment’ means the equipment specified on the advice note and shall include all accessories, replacements, renewals and additions.
1.3 The equipment shall remain the property of the Owners including all accessories, replacements, renewals and additions and nothing contained in the contract shall confer or be deemed to confer on the Hirers any interest in the Equipment.
1.4 The Hirer shall assist the Owner to re-posses the equipment if the Hirer has lost or otherwise relinquished possession thereof during the hire period in breach of these conditions. Even if the equipment is treated as lost, under these conditions it shall remain the property of the Owner.
2 During the period of the hire the Hirers shall:
2.1 Take all reasonable measures to ensure the safety of equipment. Full replacement, all risks insurance of the equipment must be in effect from the time of delivery, during the hire period to the point of removal by the Owners or Carriers on the Owners behalf. In the event of any loss under the policy the Hirer shall prosecute at its own expense a claim against the insurers with due diligence and shall hold any proceeds for the benefit of the Owner who shall allow the Hirer such part of the proceeds as the Owner may in absolute discretion deem reasonable.
2.2 Keep the equipment in their possession at all times and not remove same from the agreed site, except for return if suspect or the termination of hire, when the item(s) will only be returned to Resound Ltd, 11 Anglo Business Park, Smeaton Close, Aylesbury, Bucks. HP19 8UP Tel. 01296 330568
2.3 Not tamper with, attempt to repair or to adjust any component part, nor to allow any persons other than the owners or their appointed agents to do so. The Owner is expressly excluded from any liability in respect of any defect or inadequate performance of the equipment caused by accident, misuse, neglect, tampering with or modifications to the equipment or by any attempt at internal adjustments or repair by any person other than the authorised representative of the Owner.
2.4 The Hirer agrees not to sell, assign, let share, pledge, mortgage, charge, encumber or part with possession of or otherwise deal with the equipment or any interest therein or create or allow to be created any lien on the equipment and in the event of a breach of this clause by the Hirer, the Owner shall be entitled (but not bound) to pay to any third party all sums as may be necessary to procure the release of the equipment from any charge, encumbrance or lien, and to recover such sum from the Hirer, forthwith.
2.5 The owners will terminate the hire immediately and without notice, if the Hirers allow any breaches of Clause 2.3. If the hire is so terminated by the Owners, the Hirers shall be liable to pay the remaining hire period at the agreed rate also for any legal costs incurred in the recovery of the equipment. The Hirer shall permit or arrange for the Owner access to where part or all of the equipment is located for the purpose of its recovery.
2.6 All equipment leaves the Owners premises in good working order. The Owner will deliver the equipment to the Hirer at the hirer’s expense. The Hirers acceptance of delivery of the equipment shall be conclusive evidence that the Hirer has examined the equipment and found it to be complete, in good condition, fit for any purpose for which it may be required and in every way satisfactory, unless any discrepancy is reported to us in writing within 24 hours of receipt of the consignment.
2.7 It is the responsibility of the Hirers to inform the Owners immediately of any need for repair during the hire. Repairs are free of charge, with the exception of faults and damage incurred under Clause 2.3. If, however the Hirers request a site visit by the Owners engineer, this will be chargeable and an official order should be placed to cover the same. If the equipment or any part thereof is returned by the Hirer to the Owner in a damaged or dirty condition, the Owner shall be entitled to repair, clean or replace the equipment or any part thereof at the Hirers expense. In such case the hire period shall be extended until completion of the repair, cleaning or until a replacement is effected providing that the amount of additional hire charge payable under this clause shall not exceed the hire charge payable under this agreement for a hire period of 13 weeks.
2.8 The hire charge for the estimated hire period shall normally be payable by the Hirer in advance unless otherwise agreed in writing by a Director of the Owner. Any further hire charges or other sums payable under this agreement shall be paid forthwith by the Hirer on demand.
2.9 The Owner may without prejudice to any other right or remedy determine the contract forthwith by giving the Hirer notice in writing if the Hirer has failed to pay any charges due or comply with any other obligations on his part and to recover our goods.
2.10 The Owner may at his discretion charge interest on accounts overdue by at least 30 days at 4% over bank base rate. Any expenses incurred in charges for a 3rd party collection of the debt or recovery of our goods will also be added to the outstanding account.
2.11 Hirers may request an extension to the hire period and, subject to availability the Owners agree to consider the request providing all clauses have been adhered to, at terms to be mutually agreed.
2.12 At the termination of the hire period, it is the Hirers responsibility to ensure the safe return of all equipment. Hire charges will accrue on a daily basis. Approved carriers are to be utilised for this purpose and the proof of delivery attained. If the equipment or part thereof is not returned, due to theft, damage beyond repair, destruction or any other reason the Owners reserve the right to charge the Hirers, by invoicing the replacement of the item(s).
2.13 Due to the limitations of the channels available in the United Kingdom, by Ofcom it is impossible to guarantee freedom from interference from other users, but the Owners will attempt by means of privacy features to minimise to the best of their abilities any outside interference. If you receive notification that you are causing interference from or to another user please inform us at once with as much information as possible about the third party. We shall then do our utmost to resolve the problem. If the Hirers operate the equipment on hire using their own licence(s) they are wholly liable for conforming to all acts, statutory instruments and regulations as to the location, use and operation of the equipment from time to time being in force.
The Owner shall not be liable in any way for any costs or charges arising from the breach of any statutory or other regulations or from alteration therein. If as a result of any breach the equipment is confiscated or otherwise delayed in its return to the Owners, hire charges at the rate previously agreed will be levied until the equipment is returned to the Owner.
2.14 Hirers can cancel the dispatch of the equipment by giving five working days notice. Shorter notice of cancellation could result in five days charge if an alternative hiring cannot be found. Every effort will be made by the Owners to facilitate delivery of the equipment on the due date. However, if for any reason beyond the control, of the Owners, this is impossible they cannot accept liability for any loss however caused.
2.15 Any notices required to be given under the provisions of this agreement shall be deemed to be sufficiently served if such notices are sent by prepaid recorded delivery post, addressed to the Hirer at its last known address and in the case of the Owner at its registered office.
2.16 The Hirer shall indemnify in full and keep indemnified the Owner (including any officers, employees and sub contractors of the Owner) against loss, damage cost or expense that is directly or indirectly attributed to a negligent act or omission of the Hirer in relation to its use of the Equipment and/or wilful misuse of the Equipment by the Hirer.
2.17 As required by the Health and Safety at Work 1974, the Hirer is required to ensure that the following information is brought to the attention of all personnel involved in the use of the equipment. In general terms the equipment may be classified as electrical and electronic and in most cases is accompanied by instruction sheets. Each item of equipment is checked and supplied in accordance with manufacturers published specifications and when used in normal and prescribed applications and within the parameters set for electrical performance will not cause danger or hazard to health and safety as long as normal engineering and safety practices are observed.
3 Notwithstanding anything else in this Agreement, nothing in this Agreement shall exclude or restrict liability for fraud or for death or personal injury cause by negligence.
This agreement shall be construed and governed and enforced according to English Law.
Website Disclaimer
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Privacy & Security
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