1. Interpretation In these Terms and Conditions ( Terms ), the following words and phrases shall have the following meanings: “the Buyer” means the person, firm or company who purchases Goods from the Company: “the Company” means Futurehome; “Contract” means the contract between the Company and the Buyer which shall be deemed to incorporate these Terms; “Goods” means any goods agreed in the Contract to be supplied by the Company to the Buyer; “Place of Delivery” means the place to which the Goods are to be delivered. In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
2. The Contract The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer. No terms and conditions contained in the confirmation of order, purchase order or other document of the Buyer will form part of the Contract.
3. Delivery Any dates specified by the Company for delivery of the Goods are intended to be an estimate only. If no date is specified for delivery of the Goods, delivery shall be within a reasonable time. Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 60 days. In the instance where delivery is not possible because: 1- there is no one available at the delivery address to receive & sign for the goods; 2- the delivery has been attempted twice & arrangements have not been made to collect the goods from the delivery depot within two working days of the second delivery attempt; the Company reserves the right to charge for the return carriage of the goods & any further re-delivery charges.
4. Risk in and Ownership of the Goods Risk in the Goods shall pass to the Buyer on delivery Ownership in the Goods shall not pass to the Buyer until the Company has received in full in cleared funds all sums due to the Company in respect of the Goods and all other sums which are or may become due to the Company from the Buyer on any account. Until ownership of the Goods has passed to the Buyer, the Buyer shall: hold the Goods on a fiduciary basis as the Company’s bailee; store the Goods separately from all other goods of the Buyer or any third party in such a way that they remain identifiable as the Company’s property; not destroy or deface any identifying mark on the Goods or their packaging; maintain the Goods in satisfactory condition insured with the Company’s interest noted on the policy and hold any proceeds of such insurance on trust for the Company and not mix them with any other money.
5. Price The price for the Goods shall, unless otherwise agreed, be the price set out on in the Company’s price list and on the company's web site. The price for the Goods shall be displayed on the price list and web site inclusive of vat but exclusive of all costs of carriage and insurance which the Buyer shall pay in addition.
6. Payment Subject to paragraph 5, payment of the price of the Goods shall be due before the goods are shipped. Payment shall not be deemed to have taken place until the receipt by the Company of cleared funds.
7. Warranties The Company warrants that the Goods are of satisfactory quality. If the Buyer wishes to make a claim under this warranty, the Buyer shall give written notice to the Company within 30 days of the discovery of the defect and give the Company a reasonable opportunity to inspect the Goods in question. The Company shall not be liable for any breach of warranty if the Buyer makes any further use of the Goods after giving such notice or alters or repairs the Goods without the agreement of the Company. The Company’s liability under the warranty shall be limited to repairing or replacing the Goods in question or refunding the price of such Goods.
8. Manufacturer's Guarantee All products supplied are covered by the terms and conditions of the Manufacturer's Guarantee for the period specified by the relevant manufacturer. This guarantee specifically excludes faults caused by accident, neglect, and misuse. In addition routine maintenance (cleaning of dirty audio/video heads etc.), consumables (styli, plug fuses, cables, batteries, etc.), cosmetic damage and tuning of channels is not covered. THE FULL COST OF THE SERVICE CALL WILL BE CHARGED TO YOUR CREDIT CARD ACCOUNT IF OUR ENGINEERS FIND NO MECHANICAL OR ELECTRICAL FAULT WITH YOUR PRODUCT. This does not affect any statutory rights that you may have.
9. Limitation of Liability The Company’s liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed the original price of the goods and the Company shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages.
10. Force Majeure If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
11. General
If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect. These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.