Terms and Conditions
PLEASE TAKE TIME TO READ THESE TERMS AND CONDITIONS
1) Minimum Order
There is a minimum order condition of £100, but customers should note the added delivery charges which will be incurred for deliveries with an invoice value between £100.00 and £200.00 to a single destination in the United Kingdom. See paragraph 4 below.
2) Your AwanHeart Ltd Order
Upon receipt of your initial order or enquiry you will be allocated a customer account number. Please have this ready when placing any future order. Be sure to include your account number on your cheque when remitting payment.
3) Payment Terms
3.1 - All new customer accounts will be operated on a payment with order basis until terms of credit are approved and established.
3.2 - Credit applications are available on request. Processing time is approximately 7 days.
3.3 - Any credit customer who fails to meet the net 30 day payment date afforded to credit customers will return to payment with order status.
3.4 - If for any reason payment is not received by the due date, a monthly service charge of 1.5% of the invoice value will be charged to the customer's account and will be due and payable immediately.
4.1 - Orders with an invoice value of £200 and above to be delivered to a single destination within the United Kingdom will not incur shipping or delivery charges.
4.2 - Orders with an invoice value between £100 and £199.99 will incur a delivery charge of £25.00 for every shipment made.
4.3 - Delivery charges to other destinations will be supplied on request.
4.4 - Deliveries to mainland United Kingdom destinations will (if processed before 12 noon on any working day) be delivered the next working day, and deliveries to any non-mainland United Kingdom destinations, eg: Scottish Highlands, Channel Islands, will be made within 3-5 working days.
4.5 - Every effort to deliver products ordered within the above estimated timescales will be made, however delays are occasionally inevitable due to unforeseen circumstances and factors and AwanHeart Ltd shall be under no liability for any delay or failure to deliver within the estimated timescales.
4.6 - For any queries relating to international orders, please get in touch via the contact page of our website: www.awanheart.com/contact
5.1 - Subject to the other provisions of these Conditions AwanHeart Ltd warrants that on delivery the goods:-
5.1.1 - Will be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and
5.1.2 - (If applicable) will correspond with their specification.
5.2 - AwanHeart Ltd shall not be liable for a breach of either of the warranties in Condition 5.1 unless:-
5.2.1 - The customer gives written notice of the defect to AwanHeart Ltd, and, if the defect is as a result of damage in transit, to the carrier, within 7 days of delivery or, in case of a defect not apparent on reasonable inspection, within 14 days of the customer's becoming aware of the defect; and
5.2.2 - AwanHeart Ltd is given a reasonable opportunity after receiving the notice of examining such goods and the customer (if asked to do so by AwanHeart Ltd) returns such goods to AwanHeart Ltd's place of business at AwanHeart Ltd's cost for the examination to take place there.
5.3 - AwanHeart Ltd shall not be liable for a breach of either of the warranties in Condition 5.1 if:-
5.3.1 - The customer makes any further use of such goods after giving notice in accordance with Condition 5.2; or
5.3.2 - The defect arises by reason of fair wear and tear, wilful damage, failure of the customer to take reasonable precautions as to the storage use or maintenance of the goods; or
5.3.3 - The customer alters or repairs the goods; or
5.3.4 - The customer has not paid for the goods in accordance with these terms and conditions.
5.4 - Subject to Conditions 5.2 and 5.3, if any of the goods do not conform with either of the warranties in Condition 5.1 AwanHeart Ltd shall at its option repair or replace such goods (or the defective part) or refund the price of such goods at the pro rata contract rate provided that, if AwanHeart Ltd so requests, the customer shall, at AwanHeart Ltd's expense, return the goods (or the part of such goods which is defective) to AwanHeart Ltd. If AwanHeart Ltd complies with Condition 5.4 it shall have no further liability for a breach of either of the warranties in Condition 5.1 in respect of such goods.
6) Limitation of liability
6.1 - Subject to Conditions 4.5 and 5, the following provisions set out the entire financial liability of AwanHeart Ltd (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the customer in respect of:-
6.1.1 - Any breach of these Conditions;
6.1.2 - Any use made or resale by the customer of any of the goods; and
6.1.3 - Any representation, statement or tortuous act or omission including negligence arising under or in connection with the contract.
6.2 - 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) are, to the fullest extent permitted by law, excluded from the contract.
6.3 - Nothing in these Conditions excludes or limits the liability of AwanHeart Ltd:-
6.3.1 - For death or personal injury caused by AwanHeart Ltd's negligence; or
6.3.2 - Under section 2(3) of the Consumer Protection Act 1987 (if the same is applicable to the transaction); or
6.3.3 - For any matter which it would be illegal for AwanHeart Ltd to exclude or attempt to exclude its liability; or
6.3.4 - For fraud or fraudulent misrepresentation.
6.4 - Subject to Conditions 6.2 and 6.3:-
6.4.1 - AwanHeart Ltd's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the price payable under the contract; and
6.4.2 - AwanHeart Ltd shall not be liable to the customer for loss of profit, loss of business or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the contract.
7) Force Majeure
7.1 - AwanHeart Ltd reserves the right to defer the date of delivery or to cancel the contract or reduce the volume of the goods ordered by the customer (without liability to the customer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of AwanHeart Ltd including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to AwanHeart Ltd's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 90 days, the customer shall be entitled to give notice in writing to AwanHeart Ltd to terminate the contract.
7.2 - If the customer shall terminate the contract pursuant to Condition 7.1 AwanHeart Ltd shall be entitled to be paid for any part of the goods which have been delivered pursuant to the contract.
8) Special notes about AwanHeart Ltd's products
8.1 - The customer shall not remove from any goods supplied under this contract any country of origin sticker attached to any of the goods.
8.2 - All prices, policies and terms, are subject to change without notice.
8.3 - All prices are wholesale and exclusive of Value Added Tax and any other applicable sales tax.
9) Mistakes can happen
AwanHeart Ltd make every attempt to avoid errors in pricing and product information. If a mistake occurs, AwanHeart Ltd reserve the right to correct it, and apologises for the inconvenience.
Questions - If you have any questions or queries please contact us via our website: www.awanheart.com/contact
AwanHeart Ltd (Reg. No.10615544), Oakwood Court, City Road, Bradford, United Kingdom, BD8 8JY
VAT No: 366 80 99 57