TERMS AND CONDITIONS ON THE NET

(Sale of Goods General)

The following terms and conditions for the sale of goods ('the Conditions') will govern all contracts for sale that we, Sonance, enter into with you, the Customer, to the exclusion of all other terms and conditions. Please read these Conditions carefully.

A. These Conditions do not affect your statutory rights.

B. We will happily treat each order for goods as an offer by you to purchase the goods subject to these Conditions. You are deemed to accept the Conditions when you place an order for goods with us. The email response sent to you to acknowledge receipt of your order does not constitute acceptance of it. Your offer is accepted and our contract begins with you, our valued customer, when the goods are dispatched.

C. Your order for goods is subject to availability. If we do not supply goods to you for any reason we will inform you of the situation and will not charge you for those goods, we will obviously refund any money already paid by you for the goods. However, we will not be responsible for compensating you for any other losses, which you may suffer if we do not supply goods.

D. Many of the goods we sell are of a technical nature and unfortunately it is not practical to publish detailed specifications of all the goods and keep specifications 100% up to date. All drawings, descriptive matter, specifications and advertising on our website are for the sole purpose of giving approximate descriptions of the goods. However, if your goods do not conform to the specification displayed on the website relating to such goods at the date of purchase, we will arrange for collection of the goods from you and you will be entitled to receive a refund.

BUSINESS TERMS & CONDITIONS OF SALE

1.         Application of Terms and Conditions

Orders are only accepted subject to the conditions of sale as herein printed by Sonance Ltd (herein referred to as the "Seller"). Any variation of these conditions in any document of the Buyer is inapplicable unless accepted in writing by the Seller.

2.         Orders, Prices, Taxes and Other Duties, and Copyright

(a) Orders are subject to prices ruling on the date of the order is dispatched, and are subject to amendments on or after acceptance of an order without notice unless otherwise agreed in writing by the Seller.
(b) All taxes and other duties upon the production and/or delivery of the goods shall be added to the price and shall be paid by the Buyer unless stated otherwise.
(c) All descriptions, illustrations, drawings, catalogues and other particulars supplied by the Seller are copyright and may not be copied or used for any purpose other than that for which they are supplied without the express written authority of the Seller.

3.         Conditions and Warranties

(a) All goods are sold subject to a one year warranty term unless agreed otherwise in writing.
(b) No Conditions of Warranty is expressed or to be implied as to the life or ware of the goods supplied, or that they will be suitable for any particular purpose or for use under any specific conditions, notwithstanding that such purpose or condition may be known or made known to the Seller.
(c) Any express or implied statement, condition or warranty statutory or otherwise, not stated herein is hereby excluded and deemed to be inconsistent herewith. No responsibility is accepted by the Seller for any damage or loss arising directly or indirectly out of goods supplied or for any damage or loss arising by reason of any failure of the goods to comply with the specifications. Furthermore the Seller shall be under no liability in Contract or Tort for any damage arising directly or indirectly out of the supply from us of the goods or of the packages by which the goods are delivered.

4.         Defective Goods

(a) The Seller reserves the right at its sole discretion to decide whether any goods are defective.
(b) Defective goods will be replaced or rectified by the Seller as originally ordered, or if rectified or replacement is not practicable, the Seller will credit the value of the goods at the invoice price provided.
(c) Claims under Sub-Clause (b) above must be made in writing to the Seller within 21 days of the date of delivery.
(d) The Seller shall not be liable for any loss, damage, or expense whatsoever and howsoever arising from any defect save as detailed in Sub-Clause (b) hereof.
(e) Defects discovered in any delivery shall not entitle the Buyer to rescind the remainder of the Contract.
(f) All transport charges arising hereunder are the responsibility of the Buyer.

5.         Damage, Loss in Transit

The Seller does not accept any responsibility for shortages or for goods lost or damaged in transit, unless such shortages, or loss or damage on the delivery note is specified as examined, or, if the goods have been signed for as not examined, such shortages, loss or damage are notified within 48 hours and reported by separate notice in writing to the carriers and the Seller within 10 days or receipt of the goods by the Buyer or the Consignee.

6.         Delivery Commitments

(a) Delivery commitments are entered into in good faith but are not guaranteed, and the Seller shall not be liable for any loss or damage occasioned by failure to deliver on the specified date howsoever caused. Nor shall failure be deemed to be breach of the Contract, or any of its conditions, or part thereof.
(b) Refusal of the Buyer to accept part of whole delivery at the time specified in the Contract shall part permit the Seller to treat the Contract as repudiated by the Buyer and to decline to make further deliveries without prejudice to the Seller's right to recover damages for breach of Contract.
(c) Where Contracts provide for a single delivery, goods shall be delivered and accepted as soon as ready.
(d) Where Contracts provide for deferred delivery, such delivery shall be accepted as specified in the Contract, (or as soon thereafter as ready). In the event of failure to accept any delivery, the balance remaining undelivered shall be invoiced (payment for such balance immediately thereon becoming due) and storage costs charged to the Buyer', and the goods being held will be at the Buyer's risk.

7.         Force Majeure

The Seller will endeavour to give delivery at the rate of within the time specified in the Contract, notwithstanding anything to the contrary expressed or implied in this Contract. The Seller shall not be liable for any loss or damage which may be sustained by the Buyer through failure on the part of the Seller to deliver at the rate of within the time specified in this Contract, for any loss or damage incurred by reason of act of God, war, riots, fires, strikes, lockouts, cessation of labour, trade disputes, breakdowns, accidents of any kind or any other cause whatsoever beyond the control of the Seller whether similar to these aforesaid or not. The Seller shall be entitled to recover all monies owing to them in respect of deliveries made or services performed prior to such failure. The time of any such suspension will be added to the time of original Contract (including without prejudice to the generality of the foregoing, any inability to obtain the necessary import or export licences or consents of any governmental or other authority).

8.         Cancellation of Orders

Cancellation of an order, in whole or part, cannot be accepted without the Seller's consent in writing which shall only be given on a full indemnity given by the Buyer to the Seller.

9.         Terms of Payment

(a) Where credit is given payment is to be made within 30 days of invoice date.
(b) Where cash discounts are granted V.A.T. is calculated on the discounted price.
(c) All express deliveries are charged extra on all orders regardless of invoice value.
(d) Interest at 2.5% per month (or part of a month) will be payable by the Buyer to the Seller on any overdue payments.
(e) The rendering of payment by the Buyer, at the stipulated time, shall not be affected by the existence of any defect, whether or not such defect is the subject of a claim under Clause 4(b) hereof.
(f) If the Buyer shall fail to make any payment when it becomes due or shall enter into composition or arrangements with its creditors, or if being an incorporated company shall have a Receiver appointed or shall pass a resolution for winding up or a Court shall make an Order to that effect, or if not being an incorporated company it shall have a Receiving Order made against it or if there shall be any breach by the Buyer of any of the Terms and Conditions hereof, the Seller may, without prejudice to its other rights and remedies, defer or cancel any further deliveries.

10.      Title

(a) The Ownership of the goods ordered herein will only be transferred to the Buyer on payment by the Buyer.
(b) Should the Buyer remain in default of any payment for which the Buyer is liable to the Seller, the Seller reserves the right to decline to make any further deliveries irrespective of which Contract with the Buyer they spring from, and to rescind the Contract in question without judicial interposition, all this without prejudicing the Seller's right to full compensation and without prejudicing the Seller's property.
(c) The Buyer shall store all goods delivered by the Seller but for which payment has not been made, in such a way as to be clearly separate and identifiable from the Buyer's other goods and products and the Buyer hereby grants to the Seller, its servants or agents the right to enter on to the Buyer's premises for the purposes of recovering such goods at any time until payment.
(d) Notwithstanding the above, if the Buyer shall sell any goods delivered in such a manner as to pass to a third party a valid title to the goods, the Buyer shall hold the proceeds of such sale on trust for the Seller; providing that nothing herein shall constitute the Buyer the agent of the Seller for the purposes of any such sub-sale and also providing that the Buyer shall not be entitled to sell such goods after the appointment of a Receiver to its property, or it has been placed in liquidation, or, not being a company, has committed an act of bankruptcy.
(e) The Buyer shall assume the risk of loss or damage to the goods from the date of delivery and must accordingly rely on its own insurance from that date.
(f) Any goods supplied to the Buyer which are subject to restrictions or provisions imposed by manufacturers' licence conditions are supplied to the Buyer by the Seller subject to any such licence restrictions or provisions.

11.      Divisibility  

The seller reserves the right to make deliveries/and or services by instalments and to render a separate invoice in respect of each such instalment. When the company exercises this right then any delay in the provision of such deliveries/and or services, or failure to deliver any further instalment or instalments, shall not entitle the Buyer to reject the Contract or the delivery/service of any other instalment or to withhold payment in respect of any instalment previously delivered/serviced.

12.      Returns / RMA Procedures

Prior authorisation is required before any goods may be returned regardless of warranty status. A Returns number must be obtained and displayed on any packaging. Goods returned without such a Returns number will be refused and returned. Any non-warranty return may attract a service charge levied by the seller.

13.      Law Applicable

Every Contract shall be governed in all respects by the Laws of England

12/10/04  V1.2

We advise you, our valued customer, to print and keep safe a copy of these Terms and Conditions.

WEBSITE TERMS AND CONDITIONS OF USE

1. Website Operator

1.1 This website is operated by Sonance Ltd (registered number 04473642)

2. Licence

2.1 We grant you, the user, a non-exclusive licence to use this website upon the following terms and conditions.

2.2 We may terminate this licence at any time without notice.

3. Materials in Site

3.1 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. It is protected by intellectual property laws including, but not limited to, copyright.

3.2 All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.

3.3 You may view, use, download and store the material on this website for personal and research use only. Commercial use of the material on this website is not permitted. The re-distribution, re-publication, or otherwise making available of the material on this website to third parties without our prior written consent is prohibited.

3.4 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

4. Accuracy of Information

4.1 The information in this website is given in good faith. It is subject to change without notice. We are not responsible for any inaccuracies and (except as set out in clause 6.3) make no representation and give no warranty as to its accuracy. Please see our Terms and Conditions of Sale regarding the basis on which we will provide goods and services to you. In particular please also see section 12 of the Terms and Conditions of Sale regarding changes to the price of products.

4.2 The information in this website should not be relied on and does not constitute any form of advice or recommendation. By using this website you confirm that you have not relied on any such information. Any arrangements made between you and any third party named or referred to on the website are entirely at your sole risk and responsibility.

4.3 Nothing on this website is intended to be nor should be construed as an offer to enter into a contractual relationship.

5. Linking

5.1 This website contains links to other websites. We accept no responsibility or liability for the content of other websites which are not under our strict control. Any link is not intended to be, nor should be construed as, an endorsement of any kind by us of that other website.

5.2 You may not create a link to this website from another website or document without our prior written consent.

6. Liability

6.1 We do not guarantee that use of this website will be compatible with all hardware and software which may be used by visitors to the site.

6.2 Except as set out in clause 6.3, we will be under no liability to you whatsoever whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with the use of this website or the use, accessing, downloading or reliance on any information or other materials contained in this website, including, without limitation, as a result of any computer virus or any errors in the content of this website or any communication from us regarding the same.

6.3 These terms and conditions do not exclude our liability (if any) to you for personal injury or death resulting from our negligence, for fraud or for any matter which it would be illegal for us to exclude or to attempt to exclude our liability.

7. Privacy

7.1 Our privacy policy can be seen on this site. It forms part of these terms and conditions.

8. Complete Agreement

8.1 These terms and conditions (including the privacy statement referred to in clause 7) contain all the terms which you have agreed with us in relation to the use of the website.

9. Jurisdiction and acceptance of these terms and conditions

9.1 This website is controlled and operated by us from our offices in England. The formation, existence, construction, performance, validity in all aspects whatsoever of these terms and conditions or of any term of these terms and conditions or any dispute in relation to the materials contained in this website shall be governed by English law and where a dispute arises in Wales, the applicable law will be English law as applied in Wales. The English and Welsh courts shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the website.

9.2 Your continued use of this website indicates your acceptance of these terms and conditions.