1. Definitions
‘HOME CCTV DIRECT LTD’ means Home CCTV Direct Ltd Limited , incorporated in England (Company No. 6674992)
‘the Buyer’ means the person who buys or agrees to buy the goods from HOME CCTV DIRECT LTD;
‘these Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by HOME CCTV DIRECT LTD.
‘the Goods’ means the articles which the Buyer agrees to buy from HOME CCTV DIRECT LTD
‘the Price’ means the agreed price for the Goods excluding carriage, packing, insurance and VAT.

2. Conditions Applicable
  1. These Conditions shall apply to all contracts for the sale of Goods by HOME CCTV DIRECT LTD to the Buyer to the exclusion of all other conditions including any conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.
  2. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
  3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
  4. Any variation to these Conditions (including any special Conditions agreed between the parties) shall be inapplicable unless agreed in writing by the HOME CCTV DIRECT LTD.

3.  Price
  1. The Price is exclusive of VAT which shall be due at the rate ruling on the date of the HOME CCTV  DIRECT LTD’s invoice.
  2. Unless otherwise agreed payment of the Price and VAT shall be due upon order without any right of set-off, deduction, retention or withholding whatsoever.
  3. Time for payment shall be of the essence.
  4. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 4% above the base rate of Barclay Bank PLC from time to time in force and shall accrue at such a rate after as well as before any judgment.
  5. The Buyer shall fully and effectively indemnify HOME CCTV DIRECT LTD against the total expense to HOME CCTV DIRECT LTD arising out of the Buyer’s breach or breaches of these Conditions.  Such expense shall include, without limitation, all expenses incurred by HOME CCTV DIRECT LTD in recovering overdue payments, all court fees, all amounts payable to HOME CCTV DIRECT LTD’s professional advisers (payable on an indemnity basis) in pursuing claims against the Buyer for breach of these Conditions and for enforcing any judgment(s) and/or orders and all amounts payable to HOME CCTV DIRECT LTD’s debt recovery agents.

4.  Description
  1. The Goods shall be supplied in accordance with the description contained in HOME CCTV DIRECT LTD’s specification.
  2. HOME CCTV DIRECT LTD may from time to time make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods.

5.  Delivery
  1. Delivery of the Goods to the Buyer shall be deemed to take place at HOME CCTV DIRECT LTD’s address.  The risk in the Goods shall pass to the Buyer upon such delivery taking place.
  2. HOME CCTV DIRECT LTD shall arrange for carriage of the Goods to the Buyer’s address.  The costs of carriage and any insurance which the Buyer reasonably directs HOME CCTV DIRECT LTD to incur shall be reimbursed by the Buyer without any set-off or other withholding whatever and shall be due on the date for payment of the Price.  The carrier shall be deemed to be the Buyer’s agent.
  3. HOME CCTV DIRECT LTD may deliver the Goods by separate installments in accordance with the agreed delivery schedule.  Each separate installment shall be invoiced and paid for in accordance with the provisions in this contract of sale.
  4. The failure of HOME CCTV DIRECT LTD to deliver any one or more of the said installments of the Goods on the due dates shall not entitle either party to treat this contract as repudiated.
  5. HOME CCTV DIRECT LTD shall not be liable for any loss or damage whatever due to failure by HOME CCTV DIRECT LTD to deliver the Goods (or any of them) promptly or at all.
  6. Notwithstanding that HOME CCTV DIRECT LTD may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within 3 months of the delivery date.
  7. Neither party shall be liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.

6.  Retention of Title
  1. 6.1 In spite of delivery having been made property in the Goods shall not pass from HOME CCTV DIRECT LTD until:
    1. 6.1.1 the Buyer shall have paid the Price plus VAT and interest under the terms of this contract in full; and
    2. 6.1.2 all other sums to be paid under all other contracts whatsoever between HOME CCTV DIRECT LTD and the Buyer  shall have been paid by the Buyer to HOME CCTV DIRECT LTD. (whether such sums shall have become due for payment or not)
  2. 6.2 Until property in the Goods passes to the Buyer in accordance with Condition 6.1 the Buyer shall hold the Goods and each of them on a fiduciary basis as bailee for HOME CCTV DIRECT LTD.  The Buyer shall store the Goods (at no cost to HOME CCTV DIRECT LTD) separately from all other goods in its possession and marked in such a way that they are clearly identified as HOME CCTV DIRECT LTD’s property.
   3. 6.3 Notwithstanding that the Goods (or any of them) remain the property of HOME CCTV DIRECT LTD the Buyer may sell or use the goods in the ordinary course of the Buyer’s business at full market value.
   4. 6.4 HOME CCTV DIRECT LTD shall be entitled to recover the Price (plus VAT) notwithstanding that property in any of the Goods has not passed from HOME CCTV DIRECT LTD.
   5. 6.5 Until such time as property in the Goods passes from HOME CCTV DIRECT LTD the Buyer shall upon request deliver up to HOME CCTV DIRECT LTD such of the Goods as have not ceased to be in existence or have not been resold.  If the Buyer fails to do so HOME CCTV DIRECT LTD may enter upon any premises owned occupied or controlled by the Buyer where the Goods are situated and repossess the Goods.  On the making of such request the rights of the Buyer under Condition 6.3 shall cease.
   6. 6.6 The Buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of HOME CCTV DIRECT LTD.  Without prejudice to the other rights of HOME CCTV DIRECT LTD, if the Buyer does so all sums whatever owing by the Buyer to HOME CCTV DIRECT LTD shall forthwith become due and payable.

   7. 6.7 The Buyer shall insure and keep insured the Goods to the full Price against ‘all risks’ to the reasonable satisfaction of HOME CCTV DIRECT LTD until the date that property in the Goods passes from HOME CCTV DIRECT LTD, and shall whenever requested by HOME CCTV DIRECT LTD produce a copy of the policy of insurance.  Without prejudice to the other rights of HOME CCTV DIRECT LTD, if the Buyer fails to do so all sums whatever owing by the Buyer to HOME CCTV DIRECT LTD shall forthwith become due and payable.

7.  Claims
  1. The Buyer shall inspect the Goods on delivery and shall within 2 days of delivery notify HOME CCTV DIRECT LTD of any alleged defect, shortage in quantity, damage or failure to comply with description or sample.  The Buyer shall afford HOME CCTV DIRECT LTD an opportunity to inspect the Goods within a reasonable time following delivery and before any use is made of them.  If the Buyer shall fail to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the contract and free from any defect or damage which would be apparent on a reasonable examination of the Goods and the Buyer shall be deemed to have accepted the Goods.
  2. The Buyer shall notify HOME CCTV DIRECT LTD of any non-delivery of a whole consignment of Goods within 2 days of the date of dispatch (as stated in the invoice).  Notwithstanding the receipt by HOME CCTV DIRECT LTD of any such notice a clear signature on a carrier’s delivery advice sheet shall be deemed to signify receipt of the quantity of Goods indicated on the invoice.
  3. If the Goods are not in accordance with the contract for any reason the Buyer’s sole remedy shall be limited to HOME CCTV DIRECT LTD making good any shortage by replacing such Goods or, if HOME CCTV DIRECT LTD shall elect, by refunding a proportionate part of the price.

8.  Loss
8.1  In the event of any breach of this contract by HOME CCTV DIRECT LTD the remedies of the Buyer shall be limited to damages.  Under no circumstances shall the liability of HOME CCTV DIRECT LTD exceed the Price of the Goods.

9.  Cause of Action
9.1  All warranties and conditions whether implied by statute or otherwise are excluded from this contract Provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the negligence of HOME CCTV DIRECT LTD or affect the statutory rights of a buyer dealing as consumer.
 
10.  Warranty
Home CCTV Direct Ltd provides 1 Year return to base warranty unless otherwise stated
Subject to the conditions set out below HOME CCTV DIRECT LTD warrants that the Goods will correspond with their specification at the time of delivery and will be free defects in material or workmanship, for a period of 24 months from the date of delivery unless otherwise stated. HOME CCTV DIRECT LTD’s liability for breach of warranty shall be limited solely to replacing or repairing without charge, the defective Goods or part thereof.
The above warranty is given by HOME CCTV DIRECT LTD subject to the following conditions:
  10.1  the Buyer shall have notified HOME CCTV DIRECT LTD of the suspected defective Goods in writing within seven days of the relevant defect becoming apparent;
  10.2  If requested by HOME CCTV DIRECT LTD, the Buyer shall have returned such defective Goods or part thereof suitable packaged and at the Buyer’s expense and risk describing the circumstances in which such Goods or part thereof became defective; such defect shall have been proved by the Buyer to be attributable to HOME CCTV DIRECT LTD and to have arisen solely from faulty design of materials or workman ship;
  10.3  HOME CCTV DIRECT LTD shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer;
  10.4  HOME CCTV DIRECT LTD shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow HOME CCTV DIRECT LTD’s instructions ( whether oral or in writing), misuse or alteration or repair of the Goods without the HOME CCTV DIRECT LTD’s approval.
  10.5  the above warranty does not extend to parts, materials or equipment not supplied by HOME CCTV DIRECT LTD, in respect of which the Buyer shall be entitled only to the benefit of any such warranty or guarantee, as is given by the manufacturer to HOME CCTV DIRECT LTD;
  10.6  the Buyer has performed its obligations hereunder.
  10.7  before returning the Goods to HOME CCTV DIRECT LTD the Buyer shall obtain from HOME CCTV DIRECT LTD’s technical department a return material authorisation ( RMA ) number, which shall be quoted when the Goods are returned. Failure to return the Goods within one month of being advised of a return material authorisation number ( RMA ) shall mean the relevant payment for the Goods is due in full.
  10.8  Goods that are either Dead On Arrival (DOA) or suspected faulty if within 7 days of invoice date (the Return material authorisation ( RMA ) form still needs to be completed) are applicable for collection. It will become the responsibility of the Buyer to return suspected faulty Goods under the 2 year return to base warranty (warranty may vary on some Goods) if reported after 7 days of invoice date. Goods that have been collected and are not found to be defective will be returned to the Buyer and the collection, re-delivery costs and a testing fee will be charged.
  10.9  Advance replacements can only be issued on items that are within the period of 7 days from invoice date. Advance replacements will be credited back to the customer when the return Goods is found to be faulty. If the Goods is not found to be defective then the Goods will be sent back to the Buyer and no credit will be issued. A re-delivery charge will also be charged.
  10.10  when replacement Goods are sent, at HOME CCTV DIRECT LTD’s discretion, as advance warranty replacements, these Goods will be invoiced in full and become payable under the conditions contained herein. On receiving the alleged faulty Goods, returned by the Buyer at his expense and risk, then providing the Goods are packed in the box that the replacement Goods were sent in and are complete with all leads, instructions, protection, packing materials, etc. as new and the returned Goods are shown to be covered by the above guarantee then a credit will be raised equal to that of the advance warranty replacement invoice. If the goods are found not to be covered by the above guarantee then the Goods will be made available for collection or delivery, at the Buyer’s own expense and risk, and the relevant payment for the Goods is due in full.
  10.11  Advance warranty replacement Goods may be new or refurbished at the Seller’s discretion, if the Buyer required the return of his repaired Goods then these will be returned to him as set out in clause 9 above.           
  10.12  The warranty shall apply only to the Buyer.
  10.13  Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract for any consequential loss or damage ( whether for loss of profit or otherwise), costs, expenses, or other claims for consequential compensation whatsoever and whether caused by the negligence of the Seller, its employees or agents or otherwise which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these conditions.
  10.14  Goods that have been ordered incorrectly or are no longer required may be returned subject to a 25% restocking fee (based on the invoice price) and only if within 7 days of the original invoice date. Goods must be returned in the condition that they were sold (including original packaging, documentation and accessories). If any Goods is returned without these then the fee may be increased or the item returned.

11. Governing Law
  11.1  This contract is subject to the law of England and Wales.
11.2  All disputes arising out of this contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.

12.  Assignment
  12.1  HOME CCTV DIRECT LTD may license or sub-contract all or otherwise dispose of any part of its rights or obligations under this contract without the Buyer’s consent.

13.  Insolvency
If the Buyer fails to make payment for the Goods in accordance with this contract of sale or commits any other breach of this contract of sale or if any distress or execution shall be levied upon any of the Buyer’s goods or if the Buyer offers to make any arrangement with its creditors or if any petition in bankruptcy is presented against the Buyer or the Buyer is unable to pay its debts as they fall due or if being a limited company any resolution or petition to wind up the Buyer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a receiver administrative receiver or manager shall be appointed over the whole or any part of the Buyer’s business or assets or if any petition for the appointment of an administrator is presented against the Buyer or if the Buyer shall suffer any analogous proceedings under foreign law all sums outstanding in respect of the Goods shall become payable immediately.  HOME CCTV DIRECT LTD may in its absolute discretion and without prejudice to any other rights which it may have:
  13.1.1  suspend all future deliveries of Goods to the Buyer and/or terminate the contract without liability upon its part; and/or
13.1.2  exercise any of its rights pursuant to Condition 6..

14.  Cancellation
  14.1    HOME CCTV DIRECT LTD may cancel this contract at any time before the Goods are delivered by giving written notice.  On giving such notice HOME CCTV DIRECT LTD shall repay to the Buyer any sums paid in respect of the Price.  HOME CCTV DIRECT LTD shall not be liable for any loss or damage whatever arising from such cancellation.

15.  Intellectual Property
  15.1    Except in the case of components which are incorporated by the Buyer into other products, all goods sold in retail packaging may be resold by the Buyer only in the packaging supplied by HOME CCTV DIRECT LTD and in no case may any trade mark other than those applied by HOME CCTV DIRECT LTD be marked on or applied in relation to the Goods.
15.2    No right or licence is granted under this contact of sale to the Buyer under any patent, trade mark, copyright, registered design or other intellectual property right except the right to use or resell the goods.
15.3    Where any specification and design of the Goods or any of the Goods have been provided by the Buyer the copyright, design right or other intellectual property in them shall remain the property of the Buyer.

16.  Specifications
Due to continuous manufacturing modifications the specifications for all products may change without notice. E&OE.

17.  Third Party Rights
  17.1    Nothing in these Conditions shall confer on any third party any benefit or the right to enforce any provisions of these Conditions.