© 2005 Aareff. Details
Updated 27th Aug 2005
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TERMS AND CONDITIONS OF SALE
General
The present terms and conditions of sale herein shall apply unless otherwise stated in a written agreement on Aareff official headed documentation, to all sales in the world made by Aareff. These terms and conditions of sale override and exclude any other terms stipulated or incorporated or referred to by the Customer, whether in the Customer order or during any negotiations or any course of dealing established between Aareff and the Customer, and constitute the entire understanding between Aareff and the Customer for the sale of products or services.
Prices
Aareff reserves the right to alter prices at any time without prior notice. All prices are in GBP (Great British Pound) Sterling.
Delivery and Transit Delays
Wherever possible shipping/delivery is recorded or registered. The shipping/delivery time to most countries of the world is normally within 21 working days, however on some occasions this may be extended by a few days if the postal system or carrier has restrictions or additional delays beyond the control of the Aareff.
Aareff will use reasonable endeavours to meet delivery estimates but cannot accept any liability whatsoever for failure to do so however arising. The dates quoted for shipping/delivery are estimates only and a failure by Aareff to comply with them shall not be a breach of these terms and conditions of sale.
The goods shall be at the Customer's risk on receipt of shipment/delivery, or, if the Customer has requested that he has arranged the collection of goods, at his risk on collection by him or his appointed agent.
The Customer is required to inspect the goods on receipt and to notify Aareff of any defects or complaints within 3 days.
General Descriptive Matter
Whilst every endeavour is made to ensure accuracy, illustrations or other details contained in the Aareff website or brochure or any price list or advertising material or otherwise communicated to the Customer are intended merely to present a general idea of the product and nothing contained in any of them shall form part of the terms and conditions of sale between Aareff and the Customer.
Limitation of Liability
The Customer will be responsible for ensuring the fitness for purpose of the goods for the Customer’s application. Aareff accepts no liability whatsoever or howsoever arising in respect of loss, damage or expense arising from errors in information or advice provided whether or not due to the negligence of Aareff or that of its employees, agents or sub-contractors save for any loss or damage arising from personal injury.
Aareff shall not be liable to the Customer by reason of any representation (unless fraudulent) for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Aareff, its employees or agents or otherwise) which arise out of or in connection with the goods or their use or resale by the Customer.
Intellectual Property and Information
Veronica is a registered trademark (Trade Mark Number 2198320, Class 09, Registration Date 29.12.2000). Veronica FM™, No-Tune™, Easy-Tune™, Jiva™ and Aareff are trademarks of Aareff. Internet domain names aareff.com, aareff.co.uk, aareff.org, aareff.net and veronica.co.uk are licensed or owned and controlled by Aareff. All materials on any web site server using an Aareff controlled domain name, brochure, any price list or advertising material, including, but not limited to the images, logos, text, javascript, illustrations and designs may not be copied, reproduced, republished, uploaded, posted or distributed in any way, including by e-mail or other electronic means. Without the prior written consent of Aareff, modification of the materials, use of the materials on any other web site or networked computer environment is a violation of the copyrights, trademarks and other proprietary rights and is prohibited.
Aareff takes all reasonable steps in the course of business to ensure that any work commissioned does not infringe any patent, design, trademark, copyright or any other rights of third parties.
Force Majeure
Aareff shall not be liable to the Customer or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of the obligations in relation to the goods and services, if the delay or failure was due to any cause beyond the reasonable control of Aareff. Without prejudice to the generality of the foregoing, the following shall be regarded, but not limited to, as causes beyond the reasonable control of Aareff:
- act 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 and customs regulations, charges or seizures;
- strikes, lock-outs or other industrial actions or trade disputes by employees of the postal system, carriers or other third parties;
- difficulties in obtaining raw materials, labour, or parts;
- power failure or breakdown in machinery.
Partial Ineffectiveness
If any term or provision of this agreement or the application thereof to any circumstances to be invalid or unenforceable, the remainder of this agreement, or the application thereof to any circumstances other than those to which is invalid or unenforceable, shall not be effected thereby and each terms and provisions of this agreement shall be valid and enforced to the fullest extent permitted by law.
Goods made by parties other than the Aareff
Warranty Returns Policy and Cancellation Procedure
All goods are sold in accordance with any local consumer protection laws or regulations. Goods ordered specifically to meet a customers requirements are exempt from these regulations. This essentially ensures that the customer is given clear information about the goods the Aareff is offering, is provided with an order confirmation via email and has a "cooling off" period of usually 7 working days during which time the customer may cancel the contract by notifying Aareff of their request to cancel either in writing or by email, a telephone call is not sufficient.
In the event of goods being returned the customer:
- shall enclose with the returned goods a copy of either the order confirmation email, despatch confirmation email or the sales invoice and a completed copy of the returns form;
- is under a duty to restore goods to Aareff and to maintain them in the condition in which they were supplied by Aareff;
- is responsible for the cost of returning any goods to Aareff unless the goods prove to have a manufacturers fault. Aareff can arrange for the collection of goods in the original packaging at the customer's expense. Aareff strongly recommend that if the customer is returning goods by their own means, that the customer use adequate packing material and an insured courier service as Aareff will not be held liable for any goods being returned that are lost or damaged in transit. The customer is responsible for the goods until they are signed for by a member of staff at the business premisies of Aareff. If goods are damaged or not saleable as new, Aareff reserves the right to seek recompense.
Any goods returned that are not covered under the manufacturers warranty will be liable to inspection charges, parts, labour and delivery costs, these must be paid for in full before returning the goods to the customer. Goods repaired and not paid for in full within 90 days will be sold to cover any costs incurred by Aareff.
Goods made by Aareff
Orders
Aareff does not manufacture goods to be carried in stock for 'off the shelf' sales. The customers order is custom assembled on a 'built to order' or 'one off' basis. Unless an account or deferred payment facility has been arranged for the Customer, payment must be made in full before any work is commissioned on the Customer's order, on receiving the Customer's order, the:
- credit card is authorised, address checked and charged. Should the card decline the Customer will be informed and work on the Customer's order will not be commissioned until payment is secured. Should the card payment be CHARGED BACK following the date the goods were delivered and signed for, the Customer hereby agrees in advance for the card to recharged for the goods delivered and signed for;
- direct bank transfer or any other type of transaction that requires clearing will need to be cleared in full. Should any of these methods of payment fail to clear and be returned to Aareff unpaid, the Customer will be informed and work on the Customer's order will not be commissioned until payment is secured;
If an account or deferred payment facility has been arranged for the Customer, the:
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credit card is authorised, address checked and charged at the point of delivery to the Customer. Should the card payment decline following the date the goods were delivered and signed for, the Customer will be informed and asked to settle the balance with another card payment or by direct bank transfer. In the event of unpaid accounts being sent for collection, all costs of collection including debt collector's fees, solicitors costs, charges and expenses on a solicitor and own client basis will be added to the account.
Warranty Returns Policy
The parts and any workmanship commissioned by Aareff is guaranteed for a period of 12 months from the date of the sales invoice against defects, providing the goods:
- in the case of kits, are constructed and soldered properly;
- are not subject to use that is beyond normal/reasonable wear and tear;
- are not powered with an unsuitable power supply, power source or battery;
- in the case of transmitters are not operated with an unsuitable antennas or RF loads that cause damage to the output transistors and power regulators;
- are not damaged from excessive over heating due to inadequate ventilation;
Qualifying goods will be repaired or, at our option, replaced providing the goods are returned to us, carriage paid and suitably packaged within a 12 month period, together with the dated proof-of-purchase (sale invoice, money order receipt, order confirmation email or despatch confirmation email.). To prevent import charges being made on returned goods from countries and territories outside the European Union, 4 photocopies of the original Aareff sale invoice should be attached to the outside of the packaging, together with the relevant completed customs documentation stating that the goods originated from the UK and are being returned for repair/replacement. Under no circumstances will any returned goods requiring payment of import charges be accepted by Aareff. If your original sale invoice is missing or lost, contact us with the name and date from when the order was made and a copy will be emailed to you.
This warranty is NOT void for owners who attempt to repair defective goods. Technical consultation is available by calling us on +34 950 634 349 or emailing us at the address on our home page.
Licensing
Some of the commissioned items, particularly transmitters, require an operating licence. It is an offence in the EU and some other countries of the world to radiate electro magnetic waves at certain frequencies without a licence. It is the Customer's responsibility to check the compliance of the final installation and relevant laws, regulations and directives regarding licensing and putting into service any goods commissioned by Aareff. The Customer agrees to defend, indemnify and hold harmless Aareff, it's employees and agents, from and against any claims, actions or demands, including without limitation legal and accounting fees, alleging or resulting from the improper or unlawful use of goods commissioned by Aareff.
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