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DISCOTRONICS - Terms & Conditions of Supply

Discotronics Conditions of Supply
1. Definitions
"Catalogue" means the catalogue (in whatever form, whether paper or electronic) in which these Conditions are set out.
"Company" means Discotronics (Registered in London number 2119502. Registered office: 17, Chipstead Lane, Tadworth, Surrey. KT20 6RD), trading as Discotronics.
"Conditions" means these terms and conditions.
"Contract" means any contract between Discotronics and the Customer for the supply by Discotronics of Supplies.
"Customer" means the person(s) or company whose order for the Supplies is accepted by Discotronics.
"Goods" means any goods supplied or to be supplied by Discotronics to the Customer.
"Services" means any services supplied or to be supplied by Discotronics to the Customer.
"Supplies" means any goods or services supplied or to be supplied by Discotronics to the Customer.
"in writing" includes electronic communications.

2. Conditions
All orders are accepted by Discotronics subject to and in accordance with these Conditions. These Conditions override and exclude any terms or conditions in or referred to in any negotiations or course of dealing between Discotronics and the Customer or set out in the Customer's standard terms and conditions. If there is any conflict between

·   the other provisions of this Catalogue and these Conditions; or
·   the provisions of the order and these Conditions
these Conditions will prevail unless Discotronics agrees otherwise in writing. Together with any terms accepted by Discotronics in connection with an order, these Conditions constitute the entire agreement between Discotronics and the Customer in relation to the Supplies ordered. No variation to these Conditions is permitted unless expressly authorised in writing by The Proprietor of Discotronics.

3. Prices
Prices for Supplies are in £ sterling and are exclusive of VAT. Supplies to UK address's will be subject to VAT, which will be added at the time of despatch, notwithstanding that Goods supplied may subsequently be exported. Discotronics reserves the right to change its prices without notice at any time. Prices charged will be those prevailing when an order is accepted. Where Supplies are to be made in instalments (‘Scheduled Delivery’) the price payable for them will be that applicable at the time of acceptance for the total quantity ordered but, where Scheduled Delivery may continue for a period of 30 days or more, Discotronics reserves the right to charge the Customer further amounts if the price of the Supplies increases before the end of that period. Whilst every effort is made to ensure that all prices posted are correct in the event that incorrect prices are advertised Discotronics reserves the right to cancel any orders placed for goods incorrectly priced and return all monies paid to the purchaser.

4. Payment
Payment is due at the time of ordering. Payment may be made by PayPal, Visa or Mastercard using the secure payment facilities provided at checkout.

5. Orders
Discotronics reserves the right to decline to trade with any company or person.
Discotronics will not normally trade with persons whose address is not confirmed with PayPal where the payment for goods has been paid by PayPal..
Once accepted, no order may be cancelled without the prior written agreement of Discotronics.
Orders for Goods are accepted by Discotronics by despatching the Goods. Delivery charges will be advised to customers during the checkout procedure.

6. Delivery
All prices quoted exclude delivery. Delivery will be made to the address specified by the Customer, at the Customer’s cost, charges referred to in Condition 5, a delivery charge will therefore be added to the Order at the time of despatch. Deliveries will only be made to UK addresses. Delivery surcharges may apply to non-mainland addresses.
Discotronics may use any method of delivery available to it.
Discotronics will use reasonable endeavours to meet delivery and/or performance estimates but, except as set out in 7 below, in no circumstances shall it be liable to compensate the Customer for non-delivery, non-performance or late delivery or performance. Time for delivery and/or performance will not be of the essence.

7. Inspection, defects and non delivery
The Customer must inspect the Supplies as soon as is reasonably practicable after delivery or, in the case of Services, performance and, except as set out in 14 below, Discotronics shall not be liable for any defect in the Supplies unless written notice is given to Discotronics within 10 days of such date. Discotronics does not write software comprised in the Goods and it is the Customer's responsibility to check for the presence of computer viruses before the Goods are used.
The quantity of any consignment of Goods, as recorded by Discotronics upon despatch from Discotronics's place of business, shall be conclusive evidence of the quantity received by the Customer on delivery, unless the Customer can provide conclusive evidence to the contrary. Discotronics will not be liable for any non-delivery of Goods or non-performance of Services unless written notice is given to Discotronics within 5 days of the date when Goods should have been delivered or the Services performed in the ordinary course of events. Any liability of Discotronics for non-delivery or non performance or for Goods notified as defective on delivery or Services notified as defective following performance in accordance with this Condition 7 will be limited to replacing the Goods or re-performing the Services within a reasonable time or to refunding the price then paid in respect of such Supplies.

8. Returns
Except as detailed in Condition 9 below, no order can be cancelled or accepted for credit without the prior written agreement of Discotronics. If cancellation/credit is accepted by Discotronics, the Customer must obtain a returns authorisation number from Discotronics before any Goods may be returned. Discotronics will normally arrange the collection of Goods but may require the Customer to return smaller items which can easily be posted. Goods to be returned must either be freely available for collection by Company from an agreed collection point or received by Discotronics (where Discotronics is responsible for their return) within 7 days of their delivery by Discotronics, in either case, and must be undamaged, in saleable condition and their original packaging. Where the Customer is responsible for returning Goods, they should be returned to "The Returns Department, Discotronics, 17 Chipstead Lane, Tadworth, Surrey, KT20 6RD." quoting the Customer's name, address and any order reference used and the Customer should provide proof of delivery. Goods remain at the risk of the Customer until collected by or returned to Discotronics (whichever is appropriate). All Goods accepted for return, except in accordance with Condition 8, will be subject to a re-stocking fee of 30% of the invoice value of the Goods.
Certain Goods are excluded from this right of return, including software, manuals which have been opened and specially constructed items. Goods returned after 7 days as 'unwanted' or 'incorrectly ordered' may be accepted at the discretion of Discotronics.

9. Distance selling regulations
If the Customer is buying as a 'consumer', as defined in the European Communities (Protection of Consumers in respect of Contracts made by means of Distance Communications) Regulations 2001, the Customer may, provided he or she has taken reasonable care of the Goods and returns the Goods complete, undamaged, in re-saleable condition and in their original packaging, return the Goods and be repaid the price paid in respect of them within 7 working days (excluding Saturday and Sunday and any Irish Bank Holiday) of their delivery. To return Goods on this basis, the Customer must notify Discotronics in writing and return the Goods within the 7 day period to "The Returns Department, Discotronics, 17 Chipstead Lane, Tadworth, Surrey, KT20 6RD." quoting the Customer's name, address and any order reference used. Goods should be returned first class with proof of posting and the Customer is responsible for payment of all postage costs. Following receipt of Goods which comply with this Condition 9, Discotronics will refund to the Customer the price paid in respect of the Goods.
This Condition 9 shall not apply to software that has been unsealed by the Customer.

10. Description
All specifications, drawings, illustrations, descriptions and particulars of weights, dimensions or capacity and other details including, without limitation, statements regarding compliance with legislation or regulation (together "Descriptions") wherever they appear (including, without limitation, in this Catalogue, on despatch notes, invoices or packaging) are intended to give a general idea of the Supplies, but will not form part of the Contract. If the Descriptions of any Goods differ from the manufacturer's description, the latter shall be deemed to be correct. Discotronics takes all reasonable steps to ensure the accuracy of Descriptions, but relies on such information, if any, as may have been provided to it by its suppliers and accepts no liability in contract or tort or under statute, regulation or otherwise for any error in or omission from such Descriptions whether caused by Discotronics's negligence or otherwise. Discotronics may make changes to the Supplies as part of a programme of improvement or to comply with legislation.

11. Risk and ownership
The risk of damage to or loss of Goods will pass to the Customer when the Goods are unloaded from Discotronics's carriers at the Customer's premises. Ownership of the Goods shall not pass to the Customer until Discotronics has received in full (in cash or cleared funds) all sums due in respect of the Goods. Until ownership passes to the Customer, the Customer must hold the Goods on a fiduciary basis as Discotronics's bailee. If payment is not received in full by the due date, or the Customer passes a resolution for winding up or a court shall make an order to that effect, or a receiver is appointed over any assets or the undertaking of the Customer or an execution or distress is levied against the Customer, Discotronics shall be entitled, without previous notice, to retake possession of the Goods and for that purpose to enter upon any premises occupied or owned by the Customer.
This Catalogue remains at all times the sole and exclusive property of Discotronics.

12. Quality Assurance
All Goods detailed in the Catalogue have been processed in strict accordance with standard quality procedures approved to BS EN ISO 9002, unless indicated otherwise on the despatch documentation.

13. Performance and fitness for purpose
Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by The Proprietor of Discotronics in writing, Discotronics accepts no liability for any failure of the Supplies to comply with such criteria, whether attributable to Discotronics's negligence or otherwise. The responsibility for ensuring that Supplies are sufficient and suitable for a particular purpose is the Customer's, unless specifically stated in writing by The Proprietor of Discotronics. Any advice or recommendation given by an employee of Discotronics which is not confirmed in writing by The Proprietor of Discotronics is acted on entirely at the Customer's risk and Discotronics shall not be liable for any such advice or recommendation which is not so confirmed. Except as set out in Condition 15, the liability of Discotronics to the Customer, should any warranty, statement, advice or recommendation confirmed in accordance with this Condition 13 prove to be incorrect, inaccurate or misleading, will be limited to the refund of the price paid for the Supplies or, at Discotronics’s option, the supply of replacement Supplies which are sufficient and suitable.

14. Warranty/Guarantee
Discotronics will endeavour to transfer to the Customer the benefit of any warranty or guarantee given by the manufacturer of Goods.
Not all Goods are supplied with a manufacturer’s or Company guarantee and guarantees which may be provided by manufacturers will vary. It is the Customer’s responsibility to check at the time of purchase as to the applicability of Discotronics’s guarantee and/or the terms of any manufacturer’s guarantee. Where Discotronics’s guarantee is provided, Discotronics will, free of charge, repair or, at Discotronics’s option, replace Goods or, in the case of Services, re-perform Services which are proved to the reasonable satisfaction of Discotronics to be damaged or defective due to faulty materials, workmanship or design. This obligation will not apply:

·   if the defect arises because the Customer has altered or repaired such Goods without the written consent of Discotronics;
·   because the Customer did not follow the manufacturers' instructions for storage, usage, installation, use or maintenance of the Goods;
·   if the Customer has failed to notify Discotronics of any defect in accordance with Condition 7 where the defect should have been reasonably apparent on reasonable inspection; or
·   if the Customer fails to notify Discotronics of the defect within 12 months (or such other period as Discotronics shall specify at the time of acceptance of the order for the Supplies) of the date of despatch of the Goods or performance of the Services.
Any replacement Supplies made or Goods repaired under this Condition 14 will be guaranteed on these terms for any unexpired portion of the period of guarantee given on the original Supplies. Any Goods which have been replaced will belong to Discotronics.
The Customer grants to Discotronics and its employees, agents and representatives a right to enter onto its premises to effect any repair or replacement under this Condition 14. The Customer shall ensure that Discotronics’s employees agents and representatives are provided with a safe and secure working environment while at its premises and the Customer shall be responsible for isolating any computers or processors requiring repair or replacement from its network and for making back-up copies of any information on such computers or processors before Discotronics’s arrival on site.
Except as set out in 15 below and 7 above, this Condition is Discotronics's sole obligation and the Customer's sole remedy for defective Supplies and is accepted by the Customer in substitution for all express or implied representations, conditions or warranties, statutory or otherwise, as to the satisfactory quality, fitness for purpose or performance of the Goods (or any materials used in connection therewith) or the standard of workmanship of the Services and all such representations, conditions and warranties are excluded.

15. Liability
Discotronics does not exclude its liability to the Customer:

·   For breach of Discotronics’s obligations under sections 12, 13, 14 or 15 of the Sale of Goods Act 1893, as amended by the Sale of Goods and Supply of Services Act 1980 (the "Act") otherwise than as permitted by Section 55 of the Act or any statutory rights of a Customer who deals as a "consumer" within the meaning of the Act;
·   For personal injury or death arising as a result of Discotronics’s negligence;
·   Under section 10 of the Liability for Defective Products Act 1991;
·   For any matter which in respect of which it would be illegal for Discotronics to exclude or to attempt to exclude its liability; or
·   For fraud, including fraudulent misrepresentation
Except as provided in Conditions 7 (inspection, defects on delivery and non delivery), 13 (performance and fitness for purpose), and 14 (Warranty and Guarantee) and this Condition 15 above, Discotronics will be under no liability to the Customer whatsoever (whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct or indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of use, loss of data, computer downtime, depletion of goodwill, business interruption, increased purchasing or manufacturing costs, loss of opportunity, loss of contracts and like loss) howsoever caused or arising out of or in connection with:
·   Any of the Supplies, or the manufacture, sale, performance or supply or failure or delay in performance or supply of the Supplies by Discotronics or on part of Discotronics’s employees, agents or sub-contractors;
·   Any breach by Discotronics of any of the express or implied terms of the Contract;
·   Any use made or resale or on-supply of any of the Supplies or any product incorporating any of the Goods or developed using the Supplies;
·   Any acts or omissions of Discotronics at the Customer’s premises;
·   Any statement made or not made or advice given or not given by or on behalf of Discotronics; or
·   Otherwise under the Contract
And Discotronics hereby excludes to the fullest extent permissible at law all conditions, warranties and stipulations, express (other than those set out in these Conditions or given in accordance with Condition 13) or implied, statutory, customary or otherwise which but for such exclusion, would or might subsist in favour of the Customer.
Discotronics's total liability in contract, tort, (including negligence), breach of statutory duty, misrepresentation or otherwise shall be limited to repairing or replacing Goods or in the case of Services, re-performing the Services or, at Discotronics's option, refunding monies already paid in respect of the Supplies.
Each of Discotronics’s employees, agents and subcontractors may rely on and enforce the exclusions and restrictions of liability in Conditions 7, 10, 13, 14 and 15 in that person’s own name and for that person’s own benefit.

16.Intellectual property rights
The Supplies in this Catalogue may be subject to the intellectual and industrial property rights including patents, knowhow, trademarks, copyright, design rights utility rights, database rights and or other rights of third parties. No right or licence is granted to the Customer, except the right to use the Supplies or re-sell the Goods in the Customer’s ordinary course of business. Discotronics shall have no liability whatsoever in the event of any claim of infringement of any such rights howsoever arising.
Discotronics owns full copyright in respect of this Catalogue and its reproduction in whole or part is prohibited without Discotronics's prior written consent.

17.Use of Personal Data
"Personal Data" means, in relation to any Customer, or any representative of a Customer who is (in either case) a living individual, any data from which (whether alone or in combination with other information held by Discotronics) Discotronics can identify that Customer or that representative, regardless of how and when that data is provided. Discotronics may process Personal Data for all purposes contemplate in these Conditions or arising in the context of the relationship between Discotronics and the Customer including:

i.   Deciding whether to enter into any contract or arrangement with that Customer. This may include credit reference searches, against a Customer or its representatives;
ii.   Direct marketing of Discotronics's products and services which Discotronics believes may be of interest to the Customer or its representatives, whether by post, fax, telephone, email, SMS, MMS or otherwise;
iii.   Crime prevention or detection.
The processing of the Personal Data will not involve the disclosure of that personal data to third parties.
If, at any time, the Customer or its representatives does not wish his or her Personal Data to be used for any or all of the above purposes, he or she should contact Discotronics, 17 Chipstead Lane, Tadworth, Surrey. KT20 6RD or notify us by email at at the time of ordering.
Customer or representatives of a Customer who are living individuals have the right under the Data Protection Acts 1988 and 2003 to request a copy of any Personal Data relating to them. Such Customers also have the right to have any inaccuracies in such data corrected.

18. Promotions
In the event that Discotronics sends promotional material to the Customer in relation to goods or services available from Discotronics, these Conditions shall apply to all Supplies purchased from such material.

19. Country of origin
Unless otherwise confirmed by Discotronics in writing, nothing in this Catalogue is to be taken as representation of the source of origin, manufacturer or production of the Goods or any part of them.

20. Age requirements for certain Goods

Where the law requires a minimum age for the purchase of certain Goods, the Customer confirms that he or she is over the required age and that delivery of the Goods will be accepted by a person over the relevant age limit.

21. Force majeure
Discotronics shall not be liable to the Customer in any manner or be deemed to be in breach of these Conditions because of any delay in performing or any failure to perform any of Discotronics's obligations under these Contract if the delay or failure was due to any cause beyond Discotronics's reasonable control (which shall include, but not be limited to government actions, war, fire, explosion, flood, import or export regulations or embargoes, labour disputes or inability to obtain or a delay in obtaining supplies of Goods or labour). Discotronics may, at its option, delay the performance of, or cancel the whole or any part of a Contract.

22. Recording of telephone calls
Discotronics reserves the right to monitor, intercept or record telephone calls and may monitor or intercept all email or other electronic communications made to its premises for training, security and quality purposes. The Customer consents to such monitoring, interception or recording and confirms that he or she has the authority to consent to such matters on behalf of his or her employees, agents or representatives.

23. Legal construction
All Contracts shall be governed by and interpreted in accordance with English law and the Customer submits to the jurisdiction of the English Courts, but Discotronics may enforce such Contract in any court of competent jurisdiction.

24. General
Any provision of these Conditions of Supply which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable (in whole or in part) shall to the extent of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the other provisions of these Conditions of Supply and the remainder of such provision shall not be affected. Failure by Discotronics to enforce or partially enforce any provision of these Conditions of Supply will not be constrained as a waiver of any rights under these Conditions of Supply.
Discotronics shall be entitled, without the consent of or notice to the Customer, to assign the benefit, subject to the burden, of these Conditions and/or any Contract to any company which is the parent company or subsidiary of Discotronics or any subsidiary of such parent company at any time.