13. DESPATCH CHARGES
All orders will be subject to carriage charges. Carriage charges can be obtained by the Company. This additional charge will not be refundable in the event of any dispute arising on the contract unless the Customer is a consumer in which case all despatch charges will be refunded.
14. DAMAGE OR LOSS IN TRANSIT AND SHORTAGES
Any damage to goods in transit should be notified to the carriers immediately and to the Company within 24 hours of receipt. Packaging and contents must be held for inspection. Non-receipt of goods to be notified within 24 hours of receipt of invoice. If the Customer is a consumer then a reasonable time will be allowed to inspect the goods to ensure the order complies with The Sale of Goods Act 1979.
Goods are not supplied on a trial basis. Customers are responsible for verifying suitability and compatibility of equipment before purchasing it. All software items supplied are subject to Manufacturer's Licensing Agreement-the seal must not be broken if the conditions of the License are not acceptable.
The Company does not warrant the suitability and compatibility of goods for specific applications
Returns Authorisation (RA) must be obtained from the Company prior to returning any item. The returned item must be accompanied by the relevant Invoice/Delivery Note. The Company accepts no responsibility whatsoever for items returned without RA and relevant Invoice/Delivery Note.
Unwanted items must be returned within 14 days for credit or exchange, for whatever reason, and will be subject to a re-stocking charge of, £20, or 15% of the purchase value, whichever is greater. No restocking charge will be made where a) faulty goods are returned or b) goods are returned where the Customer has exercised their right to reject. Software items will not be accepted for return unless the goods are faulty or the shrink-wrap or copyright seal is intact.
All packaging material must be retained until the goods are fully tested and functional. If for any reason the goods are returned, they must be returned in their original packaging material, including warranty repairs. If original packaging is not used, the Company will not be responsible for any damage caused during transit. Additionally, the Company will make a charge for supplying new packaging material. Proof of despatch must be retained until safe receipt is acknowledged by the Company.
Tribune will only accept unwanted computer products for refund within 7 days of delivery, provided that the goods are complete with all relevant packaging in an unused and re-saleable condition. You must inform us in writing of your desire to cancel within seven working days starting on the day after the day the goods are delivered to you. You must return the goods to us at your cost and we advise you to ensure the goods are adequately insured during any return journey. If you have not returned the goods within 14 days of cancellation or if requested we can collect the goods from you at your cost.
For consumers the Sale of Goods Act 1979 applies.
i) The Company does not manufacture the goods but sells them with the benefit of the manufacturer‘s warranty
ii) UK Mainland
a) The Company will repair or replace, at its discretion, faulty equipment with no charge to the customer up to a period of 4 days from the date of purchase. For any subsequent warranty repair, it will be the customer's liability to pay all carriage charges.
b) All Customer equipment is covered by a 12 month repair warranty for parts and labour only from the date of purchase. All sub-assemblies which require fitting into other equipment are covered by a 3 month repair warranty for the parts & labour only from the date of purchase, provided that the item is correctly installed by a qualified technician. Repairs are made on a best efforts basis.
c) In cases where the equipment manufacturer offers "On Site 'Warranty", the Customer will be responsible for contacting the manufacturer or its agents directly to obtain the services required. The Company will not be held responsible for the failure of the manufacturer or its agents to carry out the necessary repairs.
d) The Customer will be responsible for all carriage/customs charges to get the defective equipment repaired/replaced under warranty.
e) All liability is subject to the Company receiving authorisation/credit note from the manufacturer or the supplier.
f) The Company shall reject claims relating to: fair wear and tear, accidental or wilful damage, abnormal working conditions, alteration, misuse, or failure to follow manufacture instructions.
g) Warranty support may involve dealing directly with the manufacturer.
iii) Non UK Mainland
The customer will be responsible for all carriage/customs charges to get the defective equipment repaired/replaced/returned under warranty.
iv) Customers requiring continuous use of their equipment are strongly recommended to undertake an on-site maintenance contract.
18. CONSEQUENTIAL LOSS
The Company's liability will be limited to the value of the goods only and not for any consequential damages or losses howsoever caused.
19. FORCE MAJEURE
The Company shall not be liable for any delay in or failure to perform any of its obligations hereunder if the delay or failure is due to causes outside the reasonable control of the Company, i.e. acts of god, riots, floods, fire, earthquake, war, civil commotion and the like.
In the event of the Customer committing any breach of contract with the Company or if any distress or execution is levied upon the goods of the Customer offers to make any arrangement with or for the benefit of the Customer's creditors or commits any act of bankruptcy or, being a limited Company, has a Receiver appointed of its undertaking or assets or any part thereof or, for the purpose of a reconstruction or amalgamation without insolvency, goes into liquidation, the Company shall thereupon be entitled without prejudice to its other rights forthwith to suspend all further deliveries until the fault has been made good or to determine the contract or any unfulfilled part thereof, at the Company's option to make partial deliveries.
21. VALUE ADDED TAX
Where chargeable, Value Added Tax will be charged at the rate applicable at the date of dispatch.
Unless otherwise agreed by the Company in writing, these conditions shall override any terms and conditions contained in or referred to in any documentation received from the Customer.
23. GOVERNING LAW
These terms and conditions shall be subject to and construed in accordance with the law of England and Wales.
24 THIRD PARTY RIGHTS
The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement and are hereby expressly excluded
The rights of the Company under this agreement shall not be prejudiced, restricted or limited in any way by the failure of the Company to insist on any of the terms contained herein and no waiver by the Company of any of its rights in relation to any breach of contract or otherwise shall affect its rights in respect of any subsequent breach.
Where any term of this agreement is held to be invalid then the remaining provisions shall remain in full force.
27. The Company endeavours to respond to complaints within five working days.
These conditions do not affect your statutory rights
* On site Warranty applies to UK Mainland only (N. Ireland, Scottish Highlands, Channel Island etc, excluded).
Terms and Conditions are subject to change without notice.