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business terms and conditions of sale (unless otherwise agreed in writing) - DS2 (10/2)

All orders for goods accepted by Tranquil PC Limited T/A AVA Media (“the vendor”) are accepted subject to the following conditions which shall form part and govern the contract of sale. Acceptance of goods shall be deemed to be acceptance of these conditions of sale. Any term sought to be imposed by a purchaser either in a document or otherwise that conflicts with or adds to these conditions is not accepted. No agent or representative of the vendor has authority to vary these conditions unless accepted in writing by a director of Tranquil PC Limited T/A AVA Media, hereinafter referred to as "a director".

1. Payment and Price
(a) The vendor reserves the right to vary the quoted price for the goods by upward additions in accordance with market conditions at the date of actual supply and the purchaser shall pay such additions in addition to the quoted price. Price Lists do not constitute an offer.

2. Availability of Goods
The vendor will use its best endeavours to comply with the date named for despatch or delivery which date is given and intended as estimate only and is not to be the essence of the contract. If owing to non-availability of the goods or any other causes beyond the vendor's control, the vendor shall be unable to effect delivery hereunder it shall be at liberty to determine the contract or part thereof by giving notice in writing to the purchaser.

3. Property and Risk
For so long as any amounts remain owing from the purchaser to the vendor (whether immediately due or not) title to the property of the goods shall remain in the vendor and ownership will not pass to the purchaser until the vendor has received payment in full. In the event of the purchaser reselling the goods, if the vendor has not received all amounts owing to it, the purchaser shall account to the vendor for the proceeds of any such sale and meanwhile will hold all proceeds of such sale of such goods upon trust of the vendor until the vendor have received such amounts in full. The vendor shall have the right to trace all proceeds in accordance with the principles of R. v. Hallets Estates 1880 13CH.D96. At any time after the due date for payment from the purchaser to the vendor, and so long as such amounts have not been received by the vendor in full, the vendor, at the purchaser's expense, shall have the right to enter the purchaser’s premises and remove there from all goods which remain the property of the vendor.

4. Design Variation
Whilst the vendor makes every effort to ensure that goods supplied correspond to in every respect with the sample, specification or description provided as the case may be, the vendor is not responsible for the minor variations in specification, in colour or other design features, and no such minor variation shall entitle the purchaser to rescind the contract or shall be the subject of any claim against the vendor by the purchaser.

5. Claims
(a) No liability for any claim for damage or non-functionality shall be accepted unless the vendor is notified in writing by the purchaser within seven days of delivery. This period may be extended at the sole discretion of the vendor where the manufacturer's replacement policy exceeds this deadline.
(b) No liability for any claim for missing items such as manuals, etc. shall be accepted unless the vendor is notified in writing by the purchaser within seven days of delivery.
(c) No liability for any claim will be accepted in the case of goods differing in quantity or descriptions from the particulars given on the delivery note unless the vendor is notified in writing by the purchaser within seven days of delivery and the onus is on the purchaser to prove any shortage.
(d) In the case of active third-party on-site maintenance contracts, the purchaser accepts an obligation to use the services of the contracted third-party to resolve claims under clause 5(a).
(e) In the case of manufacturers who operate direct product support and returns procedures, the purchaser accepts an obligation to process their claim directly through the manufacturer.

6. Warranty
(a) The purchaser shall, unless otherwise, in writing, be responsible for all carriage, telephone, postal and other incidental charges incurred during the guarantee period.
(b) The guarantee/warranty period is 24 months return to base.

7. Return of goods within 10 days (Distance Selling).
If goods supplied are not an accurate representation of the advertised product, or do not function as desribed, the purchaser may return the goods for a full refund. The goods must be returned in the original packaging, which as the goods themselves must be in pristine condition. The purchaser is responsible for the cost of returning the goods - which must be returned via a tracked service. Any refund made does not include the cost of any carriage charged on the originl purchase. A returns request must be made in writing to returns@pureaudiostream.com within 10 days of receipt of the goods. An application to return cannot be made after 10 days.

8. RMA Procedures
Goods can be returned after an RMA number has been issued by the vendor, conditional on:
(a) They are within the 24 month warranty period
(b) The client pays the carriage / insurance back to our factory (the warranty is return to base)
(c) If the product is found to be faulty (workmanship) or components, then Tranquil PC Ltd T/A AVA Media will repair and return the unit - we will pay for the carriage back.
(d) If the unit is NOT found to be faulty - a standard NFF fee of £45.00 to cover administration plus a carriage fee will be charged prior to return of the equipment

9. Consequential Loss
The extent of the vendor liability to the purchaser for any default or breach whatsoever and howsoever arising shall in no case exceed the invoice value of the goods and the vendor shall in no circumstances whatsoever be liable to the purchaser in respect of any loss or damage whether suffered by the purchaser or any customer of the purchaser and whether direct, indirect, consequential, or however else arising.

10. Law
(a) If any part of these terms and conditions shall be found to be unlawful it shall not affect the validity or enforceability of the remainder of the conditions.
(b) This contract is and shall be deemed to have been made in England and shall in all respects be governed by English Law.  
(c) No part of these terms and conditions removes your consumer rights. 

12. Online Buyers
(a) The purchaser is responsible for deciding on the suitability of the goods offered for any particular purpose and for the consequences arising from modification of the goods. Descriptions are given in good faith, but the vendor does not guarantee their accuracy.
(b) Goods are subject to availability; the vendor will not be responsible for compensating the purchaser for any other losses, which may be suffered if the vendor does not supply the goods.
(c) Any dates specified for the availability of the goods are approximate only and the vendor shall not be liable for any losses, costs, damages, charges or expenses caused by any delay for delivery of the goods
(d) Each online account must nominate an administrator who must be authorised to act on behalf of the purchaser.

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