Section A

Conditions of Sale
1.0 Definitions

In these Terms and Conditions the following words shall have attributed to them the meanings specified

1.1 ‘SatandCable’ shall mean Sat and Cable Ltd

1.2 ‘Customer’ shall mean the person, company or any other body that purchases or agrees to purchase Goods whether a Consumer Trade Customer or Credit Customer.

1.3 ‘Consumer’ shall have the same meaning as attributed by The Consumer Protection (Distance Selling) Regulations 2000 or any statutory modification thereof.

1.4 ‘Trade Customer’ shall mean a Customer who buys Goods for the purpose of a business and not as a Consumer.

1.5 ‘Credit Customer’ shall mean a Trade Customer to whom SatandCable allows credit in respect of Goods purchased or agreed to be purchased.

1.6 ‘Goods’ shall mean all goods and services which the Customer agrees to buy from SatandCable including replacements for defective Goods, hardware documentation and software products licensed for use by the Customer.

1.7 ‘Contract’ shall mean the Contract between SatandCable and the Customer for the sale of Goods by SatandCable to the Customer.

1.8 ‘Catalogue’ shall mean any published promotional material produced by SatandCable

1.9 ‘Working Days’ shall mean Monday to Friday inclusive but exclusive of Bank Holidays.

1.10 ‘Customer’s Registered Address’ shall mean the address of the Customer that is already registered with SatandCable or the
address registered with the issuing company of any debit or credit card which is used as a means of payment for Goods.

Satandcable Ltd Registration Number : 6336853

Satandcable Ltd VAT number : GB 924 0471 45

2 General

2.1 All orders for Goods are accepted by SatandCable are subject to these terms and conditions of sale which supersede any other terms and conditions previously published. These constitute the entire understanding between SatandCable and the Customer for the sale of Goods. Sat and Cable accepts responsibility under these terms and conditions for its commitments to the consumer, SatandCable also accepts responsibility by its duly authorised agents.

2.2 All descriptions and illustrations contained in the Catalogue or any price list or otherwise communicated to the Customer are correct at the time of publication. Any substitute products that are supplied, and found not to be suitable will be collected at Sat and Cables expense. Contact us to arrange for the goods to be returned.

2.21 Goods will be supplied based on any information provided by the customer.

2.3 Any Catalogue published by Sat and Cable is an invitation to treat and not an offer to supply.

2.4 Subject to condition 2.5 any advice or recommendation given by Sat and Cable or its employees or agents to the Customer dealing as a Trade Customer as to the storage, application or use of the Goods is followed or acted upon entirely at the Trade Customers own risk (except in the case of manifest error, gross negligence or contractual misrepresentation by SatandCable).

2.5 Condition 2.4 shall not apply to any Customer purchasing Goods as a Consumer.

3 Prices

3.1 All prices for the Goods are in pounds Sterling and subject to Value Added Tax (“VAT”) at the relevant rate ruling on the

date of despatch and do not include the cost of carriage, packaging or other charges which becomes payable under any contract with SatandCable. Prior to the conclusion of the contract SatandCable will inform the customer the total amount to be debited.

3.2 Whilst every endeavour will be made to maintain the prices in the catalogue Sat and Cable reserves the right to alter prices at any time. Prior to the conclusion of the contract SatandCable will inform the customer the total amount to be debited.

3.3 Any change in price will be communicated to the customer at the time of ordering. Prior to the conclusion of the contract SatandCable will inform the customer the total amount to be debited.

4 Orders

4.1 Where possible orders should be made using Sat and Cable order codes and a Customer number.

4.2 Written confirmation is not required for a trade customer telephone order, but if the Trade Customer sends written confirmation such confirmation must be marked ‘Confirmation Only’ so as to avoid liability for a duplicated delivery. Any resulting duplication of delivery shall be the responsibility of the Trade Customer.

4.3 If the Customer is buying as a Consumer unwanted Goods may be returned within 14 working days of delivery for an

alternative product, credit note or full refund. To return an order, the Customer must contact SatandCable within 14 days of the date that the order was delivered. This can be done by contacting us here or in writing to the registered address 'Satandcable Ltd ,Suite 219, Queens Dock,, 67-83 Norfolk Street Liverpool L1 0BG'. In all cases the invoice number relevant to the goods being returned must be quoted. SatandCable will refund in full to the Customer the invoice value of the Goods. The Goods must be returned by first class post with proof of posting. The Customer must ensure the goods arrive in perfect condition in there original packaging. Otherwise a full may be refused or the Customer will be charged for the damages incurred.

4.5 SatandCable reserves the right to decline to trade with any person or organisation. In addition, and notwithstanding any other provisions of these conditions of sale, SatandCable may decline to accept any order, by giving notice of non-acceptance to the Customer by email, facsimile or telephone within 24 hours (excluding weekends and public holidays) of receipt by SatandCable of an order. In the event that SatandCable declines to accept an order in respect of which payment has been received, the full amount of such

payment will be refunded.

5 Posting and Packing Charge

Delivery charges will be displayed on our website or next to an item all orders are inclusive of VAT (otherwise contact must be made with Sat and Cable so most up to date delivery charge can be determined). Order discounts will be offered in certain situations and should be clearly shown on our website. Sat and Cable reserves the right to change these prices at any time (prior to when a Customer transaction has been complete). The current charge can be ascertained by contacting Sat and Cable. Prior to the conclusion of the contract SatandCable will inform the customer the total amount to be debited.

6 Payments

6.1 Payment shall be made by the Customer for all monies owed to SatandCable in respect of orders placed for Goods.

6.2 Payment shall be made at the time that the order is placed. Payment may be made by, and is acceptable by, cash, cheque or major Paypal. Cheques and Postal Orders must be made payable to “SatandCable Ltd” and crossed “payee only”.

7 Ownership and Risk

7.1 The risk of damage to or loss of Goods ordered from SatandCable will pass to the Customer when the goods are delivered.

7.2 Conditions 8.3, 8.4, 8.5 and 8.6 shall not apply to any Consumer.

7.3 Until property in the Goods passes to the Customer, the Customer shall hold the Goods and each of them on a fiduciary basis as bailee for SatandCable. The Customer shall store the Goods (at no cost to SatandCable) separately from all other Goods in its possession and marked in such a way that they are clearly identified as SatandCable property. Notwithstanding that the Goods (or any part of them) remain the property of SatandCable the Customer may sell or use the Goods in the ordinary course of the Customer’s business at full market value for the account of SatandCable. Any such sale or dealing shall be a sale or use of SatandCable property by the Customer on the Customer’s own behalf and the Customer shall deal as principal when making such sales or dealings. Until property of the Goods passes from SatandCable the entire proceeds of sale or otherwise of the Goods shall be held in trust for SatandCable and shall not be

mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as SatandCable money. SatandCable shall be entitled to recover the price of the Goods (including VAT and all other monies due to SatandCable from the Customer) notwithstanding that property in any of the Goods has not passed from SatandCable.com

7.4 Until such time as the property in the Goods passes from SatandCable, the Customer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to SatandCable. If the Customer fails to return Goods, SatandCable may apply to enter any premises owned occupied or controlled by the Customer where the Goods are situated and repossess the Goods. On the making of such request to deliver up the rights of the Customer contained in the preceding Condition shall cease.

7.5 The Customer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods that are the property of SatandCable. Without prejudice to the other rights of SatandCable, if the Customer does so all sums whatever owing by the Customer shall forthwith become due and payable.

7.6 The Trade Customer shall insure and keep insured the Goods to the full value against ‘all risks’ to the reasonable satisfaction of SatandCable until the date that property in the Goods passes from SatandCable and shall, whenever requested by SatandCable, produce a copy of the policy of insurance and evidence of payment of premium. Without prejudice to the other rights of SatandCable, if the Customer fails to pay any sums whatever owing by the Customer on the due date, all sums due to SatandCable shall forthwith become due and payable.

8 Delivery

8.1 All orders over £50 are delivered carriage free throughout the UK mainland.

8.2 Same day despatch is normally achieved provided the order has been received by SatandCable before 5.00 pm during Working Days. This provision does not apply to Goods requiring special modification and orders which are too large to be despatched by SatandCable contracted carrier. Delivery will normally only be made to the Customer’s registered address unless notified to SatandCable in writing beforehand.

9 First Class Post

Orders under 1kg will be despatched where reasonably practicable by first class post on the same working day as the order is received by SatandCable.

10 Courier Delivery

All items over 1kg will be despatched where reasonably practicable the same working day as the order is received by SatandCable by courier and normally delivered within three working days.

11 Guaranteed Next Day Delivery

Weekdays before 10.30 am and Saturday 12.00 noon SatandCable offers a guaranteed delivery service for vital consignments. All orders for guaranteed deliveries must be received by 5.00 pm on a working day and will be subject to extra charges. Details of the charges are available from SatandCable prior to the placing of any order.

12 Export

12.1 Carriage will be charged on orders involving Export at the appropriate rate prevailing at the date of despatch. Prior to

the conclusion of the contract SatandCable will inform the customer the total amount to be debited.

12.2 The Customer is responsible at their own expense to obtain any import or export license or any other documentation

deemed necessary by any compliant authority.

13 Transit Delays and Non­Delivery

13.1 The Customer must inspect the Goods as soon as reasonably practicable after delivery or upon purchase from a store and shall within 14 days of such delivery or receipt give notice to the Customer Service Department of SatandCable of any apparent physical or delivery damage in the Goods.

13.2 Queries regarding shortages of Goods must be made within 14 days of delivery date and must be accompanied by the

despatch note. Queries regarding Goods invoiced but not delivered must be made to the Customer Service Department of SatandCable within 14 days of invoice date and the invoice number must be quoted.

13.3 SatandCable shall not be liable to compensate the Trade Customer by way of damages or otherwise for nondelivery or late delivery of the Goods or any of them or for any loss consequential or otherwise arising from non-delivery or late delivery.

13.4 Conditions 14.1 to 14.3 inclusive do not affect the statutory rights of a consumer under the Distance Selling

Regulations, Sale of Goods Act 1979 or Sale and Supply of Goods to Consumers Regulations 2002.

14 Order Cancellations

14.1 In the event of cancellation of part of an order by the Trade Customer SatandCable reserves the right to invoice for any

difference in selling price applicable to the quantity despatched up to the time of cancellation plus a restocking charge.

15 Warranty and Returns

15.1 Unwanted goods - For unwanted goods SatandCable offers a 14-day return policy. 14 Day Return Policy - To return a product under this policy the Customer should:

• Return the product to

• Follow the returns instructions on the delivery paperwork or

• Contact SatandCable

• The internal documentation should include proof of purchase, the returned product must be complete, and in ‘as new’ condition with original packaging. Certain product categories by their nature are exempt from the 14-day return policy; these would include for example software, cut cable, built kits and consumables. SatandCable will not accept the return under the 14-day return policy of any Goods that have had a manufacturers or suppliers warranty or registration invoked

i.e (a) Damages caused by undue wear and tear, misuse, neglect, accidents or improper installation. SatandCable will deem such registration by the Customer as acceptance of the Goods.

(b) If the item has been opened, parts removed or the product has been repaired by any unauthorised person

(c) Any warranty seals or codes are removed

(d) Any none FTA software loaded onto any of our satellite or cable receivers voids all waranties

SatandCable must receive all returns within 14 days of the Returns Number being issued and any Goods received after that period will be dealt with on an individual basis. The Customer must take all reasonable care to ensure that all returned items be suitably packaged, and that the Goods are protected when being returned. The Customer must provide to SatandCable proof of despatch to SatandCable. In the event of Goods being returned without a previously allocated Return Number the processing of any claim by the Customer is likely to be delayed. Customers whose transactions are covered by the Distance Selling Regulations the 14-day returns policy will commence after the 14-day cooling off period.

15.2 Where unwanted Goods are returned to SatandCable after the expiry of the 14-day return period but within a reasonable period of time SatandCable reserves the right to levy a handling charge. A charge of 30% of the invoice value of the Goods returned, with a minimum charge of £10 will be levied on Goods which are not defective. The Customer must bear all the costs of returning any unwanted Goods to SatandCable and provide proof of delivery.

15.3 Where unwanted Goods are returned to Satandcable within the 14-day return period and the item is not in ‘as new' condition with original packaging. Satandcable reserves the right reserves the right to levy a handling charge. A charge of 20% of the invoice value of the Goods returned, with a minimum charge of £10 will be levied on Goods wich are not defective.The Customer must bear all the costs of returning any unwanted Goods to SatandCable and provide proof of delivery.

15.4 Faulty goods under Warranty - Any defects in the Goods which under proper use appear within a reasonable period

after delivery and which are due to faulty materials, workmanship or design will be made good by SatandCable either by repair or, at the sole discretion of SatandCable, by replacement or refund. Any claim for Goods or the defective parts should be returned together with proof of purchase and (if relevant), all complete accessories, instruction manuals and software and, wherever possible, in the

original packaging. Any claim for defective Goods or parts must be made in writing (specifying the date of purchase and invoice number) within a reasonable period of time after delivery.

15.4 All warranties and conditions which are capable of being excluded by statute or otherwise are excluded from any contract provided that nothing in the contract shall affect the statutory rights of the Consumer or liability for death or personal injury caused by the negligence of SatandCable.

15.5 Warranty seals applied to any Goods supplied by SatandCable or our suppliers, must not be removed or broken and any product without the warranty seals intact will be deemed to have had any warranty invalidated and the Goods will be deemed to have been accepted by the Customer.

15.7 The warranty period as stated in 16.3 is from the date of purchase If goods are replaced within this warranty period, the warranty will continue from the original date of purchase unless specifically agreed otherwise by SatandCable in writing.

15.8 Conditions 16.1 to 16.7 inclusive do not affect the statutory rights of a Consumer under the Consumer Protection (Distance Selling) Regulations 2000 or any statutory modification thereof.

15.9 ‘B Grade Products’ The B Grade Products are all clearance items; there are various product conditions for example:- New, boxed and end of line

Scratch and dent to product or packaging or both

Refurbished

Used and returned

All of the B Grade products are tested, in full working order and carry a 45 day warranty.

18 General Descriptive Matter

18.1 All descriptions and illustrations contained in the Catalogue or any price list or otherwise communicated to the Customer are correct at the time of publication.

18.2 If the description of any Goods which are not directly manufactured by SatandCable contained in any correspondence, invoice or the current Catalogue varies from that of the manufacturer’s description, then the manufacturer’s description will be deemed to be the correct description and shall take precedence over the description assigned by SatandCable. The updated and complete manufacturer’s description is available from SatandCable on request before any order is placed.

18.3 In the event of any material change to any description of goods since the date of publication of the last catalogue by SatandCable, SatandCable will advise the Customer of the revised description prior to any order being accepted by SatandCable.

18.4 SatandCable reserves the right without prior notice to discontinue any Goods or to make design changes as part of a continuous programme of improvement or to assist availability.

19 Product Performance

The responsibility for ensuring that Goods are sufficient and suitable for the Customer’s requirements rests with the Customer save insofar as Satandcable have specifically advised the Customer that the Goods are sufficient and suitable for the Customer’s purposes.

20 Quality Assurance

All mail order Goods detailed in the Catalogue have been processed in strict accordance with standard quality procedures approved to BS EN ISO 9001; 2000.

21 Country of Origin

Goods listed in any SatandCable Catalogue may originate from a Non-EU source. Any published information by SatandCable as to the country of origin of Goods is an indicator only of the source of supply to SatandCable and does not constitute a warranty or representation.

22 Copyrights, Patents, Intellectual Property & Information

22.1 Goods referred to in any SatandCable Catalogue, correspondence or invoice may be subject to a patent, trade mark, registered design, copyright, topography right or other right of a third party. SatandCable owns full copyright in respect of any Catalogue whether published in paper or electronic form. The reproduction, storage in a retrieval system, or transmission, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, in part or in whole, is prohibited without the prior written consent of SatandCable. Notwithstanding any other term of these conditions of sale, title in any software program that forms part of the Goods purchased is retained by SatandCable and will not pass to the Customer. Such software programs may only be used by the Customer and a revocable non-exclusive licence is hereby granted for the sole use of the Customer (so far as SatandCable are able to grant such licence) and any software must not be copied or altered or otherwise modified in any way.

22.2 Where any designs or specifications have been supplied by the Customer for manufacture of Goods by SatandCable the Customer warrants that the use of such designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party and the Customer shall indemnify SatandCable against all costs claims and demands of whatsoever nature arising out of the use of such designs or specifications.

23 Data Protection

23.1 By placing an order with SatandCable the Customer agrees to data relating to the transaction being retained and processed by SatandCable in accordance with the Data Protection Act 1998 or any statutory modification thereof. The data so retained will be used by SatandCable for the purpose of accounting and marketing and will not be disclosed to any third party without the previous consent in writing of the Customer.

See Privacy policy

24 Limitation of Liability

24.1 The Customer will be responsible for ensuring the fitness for purpose of the Goods for the Customer’s application unless the purpose is previously notified to SatandCable. 23.2 To the extent permitted by law, SatandCable accepts no liability whatsoever or howsoever arising in respect of loss, damage or expense arising from errors in information or advice provided whether or not due to SatandCables’s negligence or that of its employees, agents or sub-contractors save for any loss or damage arising from death or personal injury.

24.3 To the extent permitted by law, SatandCable shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of any Contract with the Customer, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of SatandCable, 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 Customer.

24.4 The entire liability of SatandCable under or in connection with the Contract with the Customer shall not exceed the price of

the Goods except as expressly provided in these terms and conditions.

25 Force Majeure

SatandCable shall not be liable to the Customer or deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform, any obligations of SatandCablein relation to the Goods, provided that the delay or failure was due to any cause beyond reasonable control of SatandCable. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond reasonable control of SatandCable: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind

on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of SatandCable or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.

26 Law

All contracts between SatandCable and the Customer shall be governed by and interpreted in accordance with English Law and both SatandCable and the Customer submits to the exclusive jurisdiction of any competent Court in the United Kingdom.

27 Consumer Protection

Nothing contained herein shall affect a Consumer’s rights under the Unfair Contract Terms Act 1977 or any regulations made under it including the Unfair Terms in Consumer Contracts Regulations 1994.

28 Insolvency

28.1 If the Customer fails to make payment for the Goods in accordance with these Terms and Conditions or permits any

other breach of any contract for sale or if any distress or execution shall be levied upon any of the Customers goods or if the Customer offers to make any arrangement with its creditors or if any petition in bankruptcy is presented against the Customer or the Customer is unable to pay its debts as they fall due or if any petition in bankruptcy is presented against the Customer or if being a limited company any resolution or petition to wind up the Customer (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 Customer’s business or assets or if any petition for the appointment of any administrator is presented against the Customer or if the Customer shall suffer any actions or proceedings under foreign law all sums outstanding in respect of the Goods shall become payable immediately.

28.2 SatandCable may in its absolute discretion and without prejudice to any other rights which it may have suspend all future deliveries of Goods to the Trade Customer and/or terminate any contract without liability upon its part; and/or exercise any of its rights pursuant to this Terms and Conditions.

29 Headings

All headings in these Terms and Conditions are for ease of reference only and shall not affect the construction of any contract between SatandCable and a Customer.

30 Severance

Any provision of any contract with SatandCable which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of any Contract.

31 Waiver

No waiver or forbearance by SatandCable (whether expressed or implied) in enforcing any of its rights under any contract shall prejudice its right to do so in the future.

32 Rights of Third Parties

For the purposes of the Contracts (Rights of Third Parties) Act 1999 it is agreed by SatandCable and the Customer that nothing in any contract shall confer on any third party any right to enforce or any benefit of any term of any contract that may be concluded by them.