Terms and Conditions
1. Conditions All goods are sold subject to the following conditions, which shall apply to the exclusion of any conditions of order or purchase of the customer or any other standards, specifications or particulars of or adopted by the customer. No amendment, alteration or attempt to override these conditions shall be binding on Desktop Power (“the Company”) unless confirmed in writing by a director of the company. Please note, most items sold via the webshop are taylor made to individual requirements and that the images represent variations from the specific manufacturer.
2. Price The price for goods sold shall be the ruling price (less any agreed discount) in force on the date the goods are ordered by the customer. All orders received by the Company are acknowledged by email and the price of the goods will be that quoted on this acknowledgment. All prices are exclusive of VAT.
3. Delivery Delivery dates are approximate only and delivery will be arranged as soon as practicable. Orders will remain valid and binding notwithstanding delay in delivery. The Company will not be liable for any delay in delivery, failure to deliver, consequential or other loss due to any cause beyond the company’s reasonable control. All deliveries must be inspected on arrival and signed for as proof of "Received in good condition". If for some reason the goods cannot be inspected thoroughly then the carriers documentation MUST also state "Goods Un-checked"
4. Payment Subject to credit being approved and unless otherwise expressly agreed accounts are due for payment no later than 30 days from invoice. Where deliveries are spread over a period each consignment will be invoiced as dispatched and each month’s invoices will be treated as a separate account and payable accordingly. Failure to pay for any goods or for any delivery or instalment shall entitle the company to suspend further deliveries on the same order and on any other order from the customer without prejudice to any other rights the company may have. The company reserves the right to charge interest on overdue accounts at the rate of 4% per month.
5. Risk and Title The risk in all goods shall pass to the customer (i) When goods are delivered and signed for at the customer’s specified delivery address (ii) If the goods are appropriated to the customer but kept at the company’s premises at the request of the customer Notwithstanding the foregoing, legal and equitable ownership of goods shall remain with the company until payment of all sums due to the company from the customer on any account whatsoever have been received in full. (i) At any time prior to full payment (whether or not payment is then overdue) the company may (without prejudice to any of its other rights) retake possession of the goods or any part thereof and may enter on the customer’s premises by its employees or agents for the purpose. (ii) Pending full payment for the goods the customer shall be a bailee of the goods on behalf of the company and shall store the goods in such a way that they are separately identifiable. Nevertheless prior to the time of full payment the customer is entitled to use or to sell the goods to third parties in the normal course of its business. (iii) The customer’s right to use the goods or to resell them prior to full payment may be terminated forthwith by written notice given by the Company to the customer and shall automatically terminate with or without such notice on the appointment of any receiver or liquidator of the customer. (iv) Each sub-clause above shall be construed and receive effect as a separated clause and accordingly in the event of any of them being for any reason whatsoever unenforceable according to its terms, the other shall remain in full force and effect.
6. Carriage Carriage is paid on deliveries with a nett invoice value under £100 to destinations in mainland Great Britain. Delivery will be by transport of the company’s choice. If the customer requests special delivery arrangement they will be charged for. Claims for any damage, shortage, total or partial loss in transit shall be notified in writing, by letter or Email to the Company within 7 days of delivery.
All deliveries must be inspected on arrival and signed for as proof of "Received in good condition". If for some reason the goods cannot be inspected thoroughly then the carriers documentation MUST also state "Goods Un-checked"
7. Orders Orders must be received in writing via Email: verbal orders will not be actioned unless confirmed in writing. All orders are acknowledged by Email to confirm both pricing and delivery times.
8. Special Orders/Cancellation Cancellation of special order items will not be allowed under any circumstances once the order for a bespoke product has been recieved an accepted by a drawing / quottation by the company, if the customer does not accept delivery the company will charge the customer as if the goods had been delivered. No order for stock items will be deemed to be cancelled unless written notification has been received by the company prior to despatch of the goods, and in these circumstances a handling charge may be levied.
9. Specification The Company reserves the right to alter the specification of any stock items.
10. Warranty The company warrant that goods sold will at the Company’s choice either be repaired or replaced if they are found within a period of 12 months from delivery (“the warranty period”) to be defective or not in accordance with the contract or any express description or representation given or made on the company’s behalf.
Any claim the customer may have under the warranty or any claim under any condition or warranty implied by law or any other claim in respect of the goods or workmanship in relation thereto (whether or not involving negligence on the part of the company) shall be limited to repair or replacement as aforesaid and any condition or warranty implied by law shall cease to apply after the expiry of the warranty period and in all other cases be limited to the enforcement of the above mentioned liabilities. The Company shall not in any circumstances be liable for any damages, compensation, costs, expenses, losses or other liabilities whether direct or consequential and any other remedy that would otherwise be available in law hereby excluded except to the extent that such exclusion is prohibited by law.
Any warranty applicable to the Company’s goods shall be void should any unit be tampered with in any way whatsoever.
11. Applicable Law Any contract incorporating these conditions shall in all respects governed by and construed in accordance with English Law and the customer herby submits to the exclusive jurisdiction of the English Courts.