These terms and conditions together with the
documents referred to in them tell you the basis on which we will
supply to you our goods (“Goods”) and services (“Services”). Please
read these terms carefully before ordering any Goods or Services
from us. By ordering any of the Goods or Services, you agree to be
bound by these terms.
In particular we draw your attention to clause 19 below where we
limit our liability to you.
You should retain a copy of these terms for future reference.
INFORMATION ABOUT US
1.1 The Goods and Services are provided by Chase Stream
LTD T/A AJC Leisure("we/us/our").
1.2 We are registered in England and Wales and have our
registered office and main trading address at Unit 1, The
Homelands, Newby, Clapham, Lancaster, North Yorkshire, LA2
8HS.
1.3 Our company number is 531690 and our VAT
registration is 842 8934 94.
YOUR STATUS
2.1 You acknowledge that:
2.1.1 clause 5 does not apply unless you are
purchasing Goods and/or Services by mail order or from
our website as a consumer (in other words, other than in
the course of a business, trade or profession)
("Consumer");
2.1.2 clauses 11.2 to 11.3 and 12.6 to 12.8
(inclusive) do not apply unless you are purchasing Goods
and Services in the course of a business, trade or
profession ("Business Customer"); and
2.1.3 clause 11.4 does not apply unless you are
purchasing Goods and Services as a Consumer (in other
words, other than in the course of a business, trade or
profession) ("Consumer");
2.2 By placing an order with us, you warrant that:
2.2.1 you are legally capable of entering into
binding contracts;
2.2.2 if you are a Consumer, you are at least 18
years old;
2.2.3 you are resident in the United Kingdom;
2.2.4 the information you provide to us during the
process of placing an order for Goods and/or Services is
accurate, complete and not misleading.
APPLICATION
3.1 These terms and conditions apply to all sales of
Goods and/or Services provided by us to you.
3.2 If you are purchasing Goods and/or Services via our
website, no contract for the supply of Goods and/or Services
(“Contract”) will come into existence until we despatch the
Goods, send you an email confirming that your Goods have
been despatched or start performing the Services (whichever
is the earlier).
3.3 If you purchase Goods and/or Services by any means
other than via our website, the Contract will not come into
existence until either your order (however given) is
accepted by the earliest of our written acknowledgement of
order, delivery of the Goods or performance of the Services.
3.4 Each order for Goods and/or Services by you to us
will be deemed to be an offer by you to purchase Goods
and/or Services subject to these terms. Each order placed by
you to us for Goods and/or Services and accepted by us will
constitute a separate contract.
3.5 You must ensure that the terms of your order and any
applicable specification are complete and accurate.
3.6 These terms will be incorporated in the Contract to
the exclusion of all other terms and conditions. They
supersede all prior dealings, negotiations, representations
or agreements between us in respect of the subject-matter of
the Contract whether written or oral.
3.7 No variation or amendment of this Contract will be
valid unless in writing and signed by you and our authorised
representative.
GOODS AND SERVICES
4.1 All brochures, specifications, drawings, catalogues,
particulars, shapes, descriptions and illustrations,
application guides and information, price lists and other
advertising matter are intended only to present a general
idea of the Goods and Services described in them.
4.2 We reserves the right to deliver Goods of a modified
design provided that any difference does not make the Goods
unsuitable for any purpose you have made known to us.
4.3 The Goods will conform in all material respects to
any sample provided to and accepted by us. The Goods and
Services will conform in all material respects with any
specification provided to and accepted by us. We reserve the
right to amend any design or specification without prior
notification provided that it does not adversely affect the
performance of the Goods and Services.
4.4 We retain all copyright and title to all
documentation relating to Goods delivered to you by us. This
documentation may only be used for the purposes intended in
the Contract and not for any other purpose without our
permission. It must be returned on demand.
4.5 Technical specifications are approximations unless
specifically stated otherwise.
4.6 You will not remove, alter, deface, obfuscate or
tamper with any of the trade marks, names or numbers affixed
to or marked on the Goods nor allow any one else to do so.
4.7 If the Goods are manufactured in accordance with any
design or specification provided or made by you, you will
compensate us in full on demand for all claims, expenses and
liabilities of any nature in connection with them, including
any claim, whether actual or alleged, that the design or
specification infringes the rights of any third party.
4.8 We prohibit the audio or video recording of on-site
professional or technical Services, or training and
consultancy without the prior written consent of us.
CONSUMER RIGHTS
Clause 5 only
applies if you are a Consumer AND purchasing Goods and/or
Services by mail order or from our website
5.1 You may cancel a Contract at any time within 7
working days, beginning on the day after you receive the
Goods. In this case, you will receive a full refund of the
price paid for the Goods, Excluding posatage in
accordance with our refunds policy which is available on
request. This right of cancellation does not apply to any
Goods personalised or made to your specification
5.2 To cancel a Contract, you must inform us in writing.
You must also return the Goods to us immediately, in the
same condition in which you received them, and at your own
cost and risk. You have a legal obligation to take
reasonable care of the Goods while they are in your
possession. If you fail to comply with this obligation, we
may have a right of action against you for compensation.
5.3 Details of how to exercise this right of
cancellation can be obtained by calling the telephone number
of the supplying branch as stated on the documentation
accompanying the Goods.
5.4 You may also cancel an order for Services by calling
the telephone number of the supplying branch notified to
you, within 7 working days of the date of purchase, unless
the Services begin sooner, in which case your right to
terminate ends upon the date when performance of the
Services starts.
5.5 Nothing in this clause affects your statutory
rights.
PRICES
6.1 The prices of the Goods and Services will be as
quoted in our marketing literature from time to time except
in cases of obvious error (see clause 6.7). The prices may
be altered at any time without notification to take into
account any increase in our costs (including but not limited
to the cost of materials, labour, transport or other
overheads, any tax, duty or variation in exchange rates).
6.2 The prices that you pay for the Goods and Services
will be those ruling (in the case of Goods) at the date of
despatch of the Goods or (in the case of Services) our
confirmation of the start date of the Services. This clause
will not apply to orders placed by you which have been
acknowledged in writing by us in which case the prices
quoted on the acknowledgement will apply.
6.3 We list prices as both inclusive and exclusive of
VAT. All prices are exclusive of any other sales tax or duty
that may be applicable which will be payable in addition to
the price unless otherwise stated.
6.4 Unless otherwise specified, if you are a Business
Customer, prices quoted include delivery to destinations in
the United Kingdom and we will select the mode of transport.
The entire cost of any other mode of transport which you may
specify will be borne by you, as will delivery to locations
outside of the United Kingdom. If you are a Consumer, the
delivery costs will be quoted at the time you place your
order for Goods.
6.5 In case of small orders we will be entitled to make
a minimum order charge or to add a surcharge for delivery,
details of which will be provided to you at the time of
order acknowledgement.
6.6 No allowance will be credited for Goods collected
from our premises by you rather than delivered by us.
6.7 You acknowledge that we stock a large number of
Goods and list a large number of Services. It is always
possible that, despite our best efforts, some prices may be
incorrectly listed. We are under no obligation to provide
Goods or Services to you at an incorrect, lower price, even
after we have acknowledged your order or despatched the
Goods or started performance of the Services, if the pricing
error is obvious and unmistakeable and could have reasonably
been recognised by you as mis-pricing.
QUOTATIONS
7.1 Unless otherwise stated all quotations are valid
only for 30 days from their date of publication.
PAYMENT
8.1 If you hold a credit account with us, payment of
invoices will be made in full to us without deductions or
set-off in accordance with the payment terms notified by us
to you or if no such terms are advised, not later than the
20th day of the following month after the invoice date. You
guarantee your creditworthiness in placing an order. If
after confirmation of the order by us, doubts arise as to
your creditworthiness, then all payments will become due
immediately unless adequate security can be offered by you.
8.2 Where you do not hold a credit account with us,
payment of invoices will be made in full to us without
deductions or set-off in cash/guaranteed cheque/credit or
debit card when order is placed or on delivery.
8.3 We reserve the right to charge a credit card
surcharge if you elect to pay us by credit card.
8.4 Payments by credit or debit card will only be
accepted where the card holder is present in person at our
premises or where the card in question has been verified on
our website.
8.5 Without prejudice to any other rights that we may
have (including the right to suspend any further deliveries
or installation), if you fail to pay the invoice price by
the due date we may charge you interest on any overdue
amount from the date of which payment was due to that on
which it is made (whether before or after judgment) on a
daily basis in accordance with the Late Payment of
Commercial Debts (Interest) Act 1998 and reimburse to us all
costs and expenses (including legal costs) incurred in the
collection of any overdue amount.
8.6 In the event of a cheque not being cleared by our
bank and being represented or returned to the drawer, we may
charge a fee of £25 for each cheque so returned to cover
bank charges and administration costs.
DELIVERY
9.1 The Goods are delivered to you when we make them
available to you at a delivery point agreed by us.
9.2 Time of delivery will not be of the essence and any
delivery date is an estimate only. We will use all
reasonable endeavours to avoid late deliveries. You will
have the right to cancel any order without liability to us
if delivery is more than 30 days late. This clause 9.2 sets
out your only remedy for such delay.
9.3 The quantity of any consignment of Goods as recorded
by us upon despatch from our place of business will be
conclusive evidence of the quantity received by you on
delivery unless you can provide conclusive evidence proving
the contrary.
9.4 We will not be liable for any non-delivery of Goods
(even if caused by our negligence) unless written notice is
given to us within 10 days of the date when the Goods would
in the ordinary course of events have been received.
9.5 Our liability for non-delivery of the Goods will be
limited to, at our discretion, replacing the Goods within a
reasonable time, issuing a credit note at the pro rata
Contract rate against any invoice raised for such Goods or a
refund of the purchase price paid.
9.6 Any claim that any Goods have been delivered damaged
or do not materially comply with their description will be
notified by you to us and (where appropriate, to the
carrier) within 7 days of their delivery. Provided that you
return such Goods to us in accordance with clause 14, we
will at our sole discretion replace such Goods, issue you
with a credit note for the price of such Goods or refund the
price paid for such Goods. The provisions of this clause 9.6
set out your sole remedy in such circumstances.
9.7 We may at our discretion deliver the Goods by
instalments in any sequence. Where the Goods are delivered
by instalments, no default or failure by us in respect of
any one or more instalments will vitiate the Contract in
respect of the Goods previously delivered or undelivered
Goods.
9.8 If you fail to take delivery of the Goods or accept
performance of the Services or any part thereof at the time
agreed for delivery then we will be entitled to cancel or
suspend such delivery and all other outstanding deliveries
and to charge you for the loss suffered.
UNLOADING
10.1 It is your responsibility to provide the means for
unloading Goods on delivery unless agreed by us in writing
otherwise. We will inform you in advance if any special
means will be required to unload the Goods at your premises.
STORAGE
11.1 If you fail to take delivery of the Goods when they
are ready for delivery we may, at our option, either store
them ourselves or have them stored by third parties on such
terms as we may in our own discretion think fit. In any
event the cost of storage will be borne by you.
Clauses 11.2
to 11.3 do not apply unless you are purchasing Goods and
Services as a Business Customer
11.2 You shall:
11.2.1 be responsible for the collection, treatment,
recovery and environmentally sound disposal of all waste
electrical and electronic equipment ("WEEE") as defined
in the Waste Electrical and Electronic Equipment
Regulations 2006 ("WEEE Regulations") as arising or
deriving from the Goods;
11.2.2 comply with all additional obligations placed
upon you by the WEEE Regulations by virtue of you
accepting the responsibility set out in clause 11.2.1;
and
11.2.3 provide our WEEE compliance scheme operator
with such data, documents, information and other
assistance as such scheme operator may from time to time
reasonably require to enable such operator to satisfy
the obligations assumed by it as a result of our
membership of the operator’s compliance scheme.
11.3 You shall be responsible for all costs and expenses
arising from and relating to your obligations in clause
11.2.
Clause 11.4
does not apply unless you are purchasing Goods and Services
as a Consumer
11.4 Where you are buying replacement electrical and
electronic equipment (“Replacement EEE”) as a Consumer we
have certain obligations under the WEEE Regulations to take
back WEEE without charge. You can return WEEE to us in
accordance with the provisions below where you are buying
Replacement EEE as a Consumer:
11.4.1 where you are purchasing Goods online you
must return your old item to us at AJC Leisure, Unit 1,
The Homelands, Newby, Clapham, Lancaster, North
Yorkshire, LA2 8HS. All returns are to be at your cost
and are to be made within 28 days of purchase of the
Replacement EEE; and
11.4.2 where Goods are purchased from one of our
stores, you must return your old item to that same store
at your cost. All returns are to be made within 28 days
of purchase of the Replacement EEE.
11.5 Our obligations to take back WEEE only apply to
household users of electrical items. If you are a Business
Customer you will need to find a local collector or waste
company to dispose of your waste.
12.1 Risk in the Goods passes when they are delivered to
you.
12.2 You will insure the Goods against theft or any
damage howsoever caused until their price has been paid in
full.
12.3 For the purpose of section 12 of the Sale of Goods
Act 1979 we will transfer only such title or rights in
respect of the Goods as we have and if the Goods are
purchased from a third party will transfer only such title
or rights as that party had and has transferred to us.
12.4 Notwithstanding clause 12.3, passing of title in
the Goods will remain with us and will not pass to you until
the amount due under the invoice for them or any other
outstanding invoice from us to you (including interest and
costs) has been paid in full.
12.5 We may maintain an action for the price of any
Goods notwithstanding that title in them has not passed to
you.
Clauses 12.6
to 12.8 only apply if you are a Business Customer
12.6 Until ownership of the Goods has passed to you, you
must:
12.6.1 hold the Goods on a fiduciary basis as our
bailee;
12.6.2 store the Goods (at no cost to us) separately
from all other products belonging to you or any third
party in such a way that they remain readily
identifiable as our property;
12.6.3 not destroy, deface or obscure any
identifying mark or packaging on or relating to the
Goods;
12.6.4 maintain the Goods in satisfactory condition
and keep them insured on our behalf for their full price
against all risks to our reasonable satisfaction. On
request you will produce the policy of insurance to us;
and
12.6.5 hold the proceeds of the insurance referred
to in clause 12.6.4 on trust for us and not mix them
with any other money, nor pay the proceeds into an
overdrawn bank account.
12.7 You may resell the Goods before ownership has
passed to you solely on the following basis:
12.7.1 any sale will be effected in the ordinary
course of your business at full market value; and
12.7.2 any such sale will be a sale of our property
on your own behalf and you will deal as principal when
making such a sale.
12.8 Your right to possession of the Goods will
terminate immediately if:
12.8.1 you (being an individual) have a bankruptcy
order made against you or make an arrangement or
composition with your creditors, or otherwise take the
benefit of any statutory provision for the time being in
force for the relief of insolvent debtors, or (being a
body corporate) convene a meeting of creditors (whether
formal or informal), or enter into liquidation (whether
voluntary or compulsory) except a solvent voluntary
liquidation for the purpose only of reconstruction or
amalgamation, or have a receiver and/or manager,
administrator or administrative receiver appointed of
your undertaking or any part thereof, or a resolution is
passed or a petition presented to any court for your
winding up or for the granting of an administration
order in respect of you, or any proceedings are
commenced relating to your insolvency or possible
insolvency in any jurisdiction; or
12.8.2 you suffer or allow any execution, whether
legal or equitable, to be levied on your property or
obtained against you, or fail to observe/perform any of
your obligations under the Contract or any other
contract between us and you, or are unable to pay your
debts within the meaning of section 123 of the
Insolvency Act 1986 or you cease to trade; or
12.8.3 you encumber or in any way charge any of the
Goods; or
12.8.4 anything analogous to the foregoing occurs in
any other jurisdiction.
WARRANTY
13.1 Each of the Goods are supplied with the benefit of
a warranty given by the Goods’ manufacturers (details of
which will be provided to you with the Goods or otherwise on
request (“the Warranty”)) provided that you comply with the
conditions set out in clause 13.2 as well as any provided
with the Warranty ("Warranty Conditions").
13.2 If Goods become faulty during the period of the
Warranty for reasons unconnected with your acts, omissions
or misuse of the Goods, you must return such Goods to us. We
will repair (or at our option) replace such Goods with the
same or superior Goods, without charge. If Goods become
faulty after expiry of the Warranty, and you request that we
replace or repair such Goods, then we shall charge our then
standard list price for such repair or replacement.
13.3 Your sole remedy in respect of a failure of the
Goods to comply with the Warranty is as set out in the
Warranty Conditions.
13.4 We will be afforded reasonable opportunity and
facilities to investigate any claims made under the Warranty
and you will if so requested in writing by us promptly
return any Goods the subject of any claim and any packing
materials securely packed and carriage paid to us for
examination.
13.5 We will have no liability with regard to any claim
in respect of which you have not complied with the claims
procedures in the Warranty Conditions.
REFUNDS POLICY
14.1 When you return Goods to us:
14.1.1 because you cancelled the Contract in
accordance with clause 5 (Consumer Rights), we will
process the refund due to you as soon as possible and,
in any case, within 30 days of the day you have given
notice of your cancellation. In this case we will refund
the price of the Goods to be returned in full, Excluding
the cost of sending the Goods to you. You will be
responsible for the cost of returning the Goods to us;
14.1.2 for any other reason, we will examine the
returned Goods and will notify you via e-mail within a
reasonable time of any refund to which you are entitled.
We will usually process the refund due to as soon as
possible thereafter. Goods returned to us because they
fail to comply with the Warranty will be refunded in
accordance with the provisions of the Warranty
Conditions.
14.2 We will normally refund any money received from you
using the same method originally used by you to pay for your
purchase.
EXCHANGE UNIT SURCHARGES
15.1 Where service exchange units are purchased, you
will be invoiced with a sum referred to as a “surcharge”
which is in respect of the old unit that you may return to
us. If the old unit is returned within 7 days from delivery
date a credit note will be issued by us in respect of the
"surcharge".
SERVICES
16.1 We will perform the Services with reasonable care
and skill.
16.2 If we fail to perform the Services in accordance
with clause 16.1 or at all, then your sole remedy will be
the re-performance of those Services by us.
16.3 Any timescales given by us to you in respect of the
performance of the Services are approximate only.
INSTALLATION
17.1 If the Services include installation services we
will provide detailed instructions to you about site
preparation and other requirements required during the
installation.
17.2 If you fail to fully comply with the requirements
in clause 17.1, we reserve the right to charge you for any
additional work required as a result or if we are unable to
complete the installation.
SUPPORT AND MAINTENANCE
18.1 The provisions of this clause 18 will only apply if
the Services purchased by you include the provision of
support and maintenance services.
18.2 We will provide you with such technical advice by
telephone, e-mail, fax, and web access during our normal
business hours for the duration of the period for which you
purchase such Services (“Cover Period”) as is reasonably
necessary to resolve your difficulties and queries in using
such goods supplied to you and identified by us. The
objective of this service is to provide an initial advice
and guidance service. It is not a substitute for management
consultancy, project management, implementation control,
system consultancy, or product training and is available
only to your competent trained employees.
18.3 You will:
18.3.1 provide us with such information, assistance
and facilities as we may reasonably require to enable us
to perform the Services set out in this clause 18; and
18.3.2 direct all enquiries for technical advice to
our helpdesk number notified to you from time to time.
18.4 The support and maintenance services do not apply:
18.4.1 to the extent that you failed to follow any
instructions relating to the operation, use and
maintenance of the Goods (and where you install the
Goods, instructions as to installation of the Goods);
18.4.2 to the extent that the query arises from user
incompetence, abuse, improper use or use in an
environment or for a purpose for which the Goods were
not designed or intended;
18.4.3 if you or other third party alters or repairs
the Goods without our written consent; or
18.4.4 to the extent that the query is attributable
to third party materials including any equipment to
which the Goods are incorporated which is not provided
by us.
18.5 You will pay any additional charge levied by us, at
our then prevailing rates, for support and maintenance
services provided at your request but which fall within the
exclusions in clause 18.4.
18.6 The Services referred to in this clause will run
for the Cover Period and will (unless terminated earlier in
accordance with these terms) continue thereafter unless or
until terminated by either party serving no less that 90
days’ prior notice on the other, such notice to expire on
the last day of the Cover Period or subsequent anniversary
thereof. We reserve the right to vary the fee payable for
such Services on or before each anniversary of commencement
of the Cover Period.
LIMITATION OF LIABILITY
19.1 Subject to the provisions of these terms, the
following provisions set out the entire financial liability
of us (including any liability for the acts or omissions of
our employees, agents and sub-contractors) to you in respect
of:
19.1.1 any breach of these terms; and
19.1.2 any representation, statement or tortious act
or omission including negligence arising under or in
connection with the Contract.
19.2 All warranties, conditions and other terms implied
by statute or common law (save for the conditions implied by
section 12 of the Sale of Goods Act 1979 (as amended)) are,
to the fullest extent permitted by law, excluded from the
Contract.
19.3 Nothing in these terms excludes or limits our
liability:
19.3.1 for death or personal injury caused by our
negligence;
19.3.2 under section 2(3) of the Consumer Protection
Act 1987;
19.3.3 for fraud or for fraudulent
misrepresentation; or
19.3.4 for any matter for which it would be illegal
for us to exclude, or attempt to exclude, our liability.
19.4 Subject to clause 19.3, we will not be liable to
you for:
19.4.1 any indirect or consequential, special or
punitive loss, damage, costs or expenses;
19.4.2 loss of profit;
19.4.3 loss of business;
19.4.4 loss of income or revenue;
19.4.5 loss or corruption of or damage to data;
19.4.6 waste of management or office time; or
19.4.7 depletion of goodwill.
19.5 Subject to clause 19.3, our total liability to you
under or connected with these terms will not exceed 125%
(one hundred and twenty five per cent) of the price payable
for the Goods and/or Services for any one event or series of
connected events.
TERMINATION AND SUSPENSION
20.1 We may at our discretion suspend or terminate the
supply of any Goods or Services if you fail to make any
payment when and as due or otherwise defaults in any of your
obligations under the Contract or any other agreement with
us or if any of the events set out in clause 12.8 occur
20.2 On the termination of the Contract for any reason:
20.2.1 we will not be obliged to supply any Goods
and Services ordered by you unless already paid for; and
20.2.2 all payments payable to us under the Contract
will become due immediately upon termination of this
Contract despite any other provision.
20.3 The termination of this Contract will not affect
the respective rights and liabilities of each of the parties
thereto which accrued prior to such termination nor any
provisions which either expressly or impliedly are to remain
in operation after termination.
20.4 Orders accepted by us are cancellable only at our
discretion and we may charge for all work carried out or
expenses incurred in relation to the order before our
acceptance of cancellation.
FORCE MAJEURE
21.1 We will not be liable for any failure in the
performance of any of our obligations under the Contract
caused by factors outside our control.
LAW AND JURISDICTION
22.1This Contract will be governed by English law and
you consent to the non-exclusive jurisdiction of the English
courts in all matters regarding it
NOTICES
23.1 Any notice given under this Contract will be in
writing and may be served personally, by registered or
recorded delivery mail, by facsimile transmission (the
latter confirmed by post), or by any other means which any
party specifies by notice to the other.
23.2 Each party's address for the service of notice will
be:
23.2.1 Us - the address specified in clause 1.2 or
such other address and facsimile number as we specify by
notice to you; and
23.2.2 You – the address and facsimile number given
to us at the time an order is placed with us.
23.3 A notice will be deemed to have been served: if it
was served in person, at the time of service, if it was
served by post, 48 hours after it was posted, and if it was
served by facsimile transmission, at the time of
transmission.
GENERAL
24.1 Each of our rights or remedies under the Contract
is without prejudice to any other right or remedy that we
may have whether under the Contract or not.
24.2 If any provision of the Contract is found by any
court, tribunal or administrative body of competent
jurisdiction to be wholly or partly illegal, invalid, void,
voidable, unenforceable or unreasonable it will to the
extent of such illegality, invalidity, voidness,
voidability, unenforceability or unreasonableness be deemed
severable and the remaining provisions of the Contract and
the remainder of such provision will continue in full force
and effect.
24.3 Failure or delay by us in enforcing or partially
enforcing any provision of the Contract will not be
construed as a waiver of any of our rights under the
Contract.
24.4 Any waiver by us of any breach of, or any default
under, any provision of the Contract by you will not be
deemed a waiver of any subsequent breach or default and will
in no way affect the other terms of the Contract.
24.5 Neither of us intend that any term of this Contract
will be enforceable by virtue of the Contracts (Rights of
Third Parties) Act 1999 by any person that is not a party to
it.
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