ESAW Ltd. Terms and Conditions
Please read these Terms and Conditions carefully before opening an account.
Format of the Contract
1.1 These terms of sale apply to all goods supplied by ESAW Ltd.
1.2 No contract exists between you (the Buyer) and ESAW Ltd. for the sale of any goods until ESAW Ltd. has received and accepted your order and ESAW Ltd. has received payment in full (in cleared funds). Once ESAW Ltd. does so, there is a binding legal contract between us.
1.3 Once funds have been received, in full by ESAW Ltd., your order has been accepted and at this point a binding legal contract will be created and any such contract is subject to these Terms and Conditions.
1.4 The Contract is subject to your right of cancellation. (See Section 6 below).
1.5 ESAW Ltd. may change these terms of sale, in relation to future sales, without prior notice to you.
Price and Description of the Goods
2.1 The description of the goods you order will be as shown on the ESAW Ltd. website at the time you place your order. ESAW Ltd. Attempt to be as accurate as possible. However, ESAW Ltd. Does not take warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free.
2.2 All goods are subject to availability. If on receipt of your order the goods you have ordered are not available, ESAW Ltd. will inform you, by email, telephone or fax, as soon as is possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for payment of the goods.
2.3 Every effort will be made to ensure that prices given to you by ESAW Ltd. are correct at the time you place your order. If an error is found, ESAW Ltd. will inform, by email, telephone or fax, as soon as is possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If ESAW Ltd. does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 days period, ESAW Ltd. will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you will be required to pay a delivery charge for the goods.
2.5 ESAW Ltd. Prices are subject to adjustment to take account of any variation in ESAW Ltd. costs including variations in wages, the cost of materials, exchange rate fluctuations, alterations of duties and other costs since the date of ESAW Ltd. quotation or your order. ESAW Ltd. accordingly reserves the right to adjust the invoice price by the amount of any increase or decrease in such costs after the price is quoted and the invoice so adjusted shall be if the price set therein were the original contract price.
2.6 ALL prices are exclusive of value added tax (VAT) and any cheque guarantee or credit charge surcharges and these will be charged by ESAW Ltd. and will be payable by you at the appropriate rate.
3.1 Payment for the goods and the delivery charges can be made by any method shown on the ESAW Ltd. website at the time you place your order. Payment shall be due, in full, before delivery. ESAW Ltd. will be entitled to terminate the contract immediately if full payment is not received.
3.2 There will be no delivery until cleared funds are received.
3.3 A valid VAT invoice for the order shall be produced by ESAW Ltd. to you.
3.4 ESAW Ltd. accepts payment by credit card which requires guarantee by a third party, an additional surcharge shall be payable by you. You are liable for and shall pay any charges involved in the transfer of funds (i.e BACS, T/T etc).
4.1 Orders placed before 3.00 p.m. on a working day will be processed that day provided that no additional security checks are required and the goods are available. (A working day is any day other than weekends, bank or other public holidays.)
4.2 Your ordered goods will be delivered only to the address of the registered cardholder who is making the payment. (This is to protect you, and extensive checks are made to ensure that your card is not being used fraudulently). He/She shall make arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
4.3 If delivery cannot be made to the registered cardholder’s address for reasons under the control of ESAW Ltd., ESAW Ltd. will inform you, by email, telephone or fax, as soon as is possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
4.4 Delivery dates are given in good faith by ESAW Ltd. and indicate estimated delivery dates but shall not amount to any contractual obligation to deliver on the date stated and is subject to payment clearance, locality, human error, courier company error and system failure.
4.5 If eSaw Ltd. fails to meet any estimated delivery date, from unforeseen demand, discontinued products or any other such matter outside our control, ESAW Ltd. will not be liable for any direct or indirect losses, costs, damages or expenses incurred by you or any other person.
4.6 ESAW Ltd. shall endeavour to deliver the goods within 30 days from receiving your order and every reasonable effort shall be made to keep to any estimated delivery date. If ESAW Ltd. are unable to do this we shall contact you within this 30 days period to agree a new delivery date. No liability for direct or consequential loss or damage arising from delay in delivery will be accepted by ESAW Ltd.
4.7 ESAW Ltd. may deliver the goods in advance of the quoted delivery date and notification of delivery may be made by email, telephone, or fax.
4.8 A carrier’s first attempt to deliver shall be considered as the delivery date.
4.9 Upon receipt of your order you will be asked to sign for the goods. If the package does not appear to be in good condition then please refuse delivery. If you are unable to check the contents of the delivery at the delivery point then please sign for the goods as “unchecked”. Failure to do so may affect any warranty claims that you make thereafter.
5.0 Where the Goods are supplied for export from the United Kingdom, you shall be responsible for ensuring the compliance with any legislation or regulations governing the importation of the Goods into the Country of destination, and into any country through which the Goods are transported, and for the payment of any duties on or in respect of importation or transportation of the Goods. You will be responsible for supplying satisfactory proof of export as required by current legislation.
5.1 All times, dates or periods given for delivery or collection of the Goods are given in good faith but without responsibility on ESAW Ltd. Part.
5.2 Where the Goods are handed to a carrier for carriage to you or to United Kingdom port for export any such carrier shall be deemed to be an agent of ESAW Ltd. and not of you for the purposes of sections 44, 45, 46 of the Sale of Goods Act 1979.
Risk and Ownership
5.1 The goods are at your risk from the time of delivery from which time you are responsible for their safekeeping and you should make sure that you are adequately insured against any loss or damage which may affect the goods.
5.2 ESAW Ltd. are the owners of the goods until we have received payment in full.
6.1 You have 7 working days from the day after the date of receipt of the goods to cancel your order by giving notice to ESAW Ltd. by letter, email or fax to us. Notification by telephone is not sufficient.
6.2 If you fail to return the goods to ESAW Ltd. within 7 days of the date of cancellation, ESAW Ltd. shall be entitled to recover the goods and deduct the cost of doing so from any monies owed to you.
6.3 You will be liable for any costs involved in returning the goods to ESAW Ltd. if you cancel your order or return a product.
6.4 ESAW Ltd. will refund any monies paid by you for the product or products purchased (not the delivery charge) as soon as possible but no later than 30 days from the date of notice of cancellation. The refund shall be made by the same method as payment.
6.5 Damage caused to any returned Goods which is due to faulty packaging is the responsibility of the you and ESAW Ltd. will not refund you any money.
7.1 All goods supplied by ESAW Ltd. are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. This warranty is given by ESAW Ltd..
7.2 If the goods supplied to you are damaged on delivery you should notify ESAW Ltd. within 48 hours of receipt of the delivery via email address or fax number shown on the website.
7.3 If the goods supplied develop a fault or defect while under warranty (after the 48 hour period) ESAW Ltd. should be contacted immediately.
7.4 Warranty covers all hardware supplied by ESAW Ltd and labour.
7.5 Accidently damage such as dropping the monitor or dropping something onto the screen of the monitor or any impact to the monitor of any kind that will cause any physical damage or maulfunction to the unit is not covered under the warranty.
- Data Protection
ESAW Ltd. will take all reasonable precautions to keep the details of your order and payment secure but unless ESAW Ltd. is negligent, ESAW Ltd. will not be liable for unauthorised access to information supplied by you.
ESAW Ltd. shall be entitled to delay or cancel the performance of its obligations under the Contract and these conditions if and to the extent that it is prevented from or hindered in or delayed in manufacturing, obtaining, delivering or making available for collection the Goods by normal route or means of delivery through any circumstances beyond its control including (but not limited to) strikes, lock-outs, accidents, war, fire, reduction in or unavailability of power at manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from normal sources of supply.
Product images are for illustrative purposes only and may differ from the actual product.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the Law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the Courts of England and Wales. Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish Courts.
Copyright – Ownership of Site Content
ESAW Ltd. does not transfer title to any site content downloaded or used by any user. Site content, including its selection and arrangement, is owned by ESAW Ltd. and is protected by copyright and other laws.
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