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              Farnborough Communications
              This does not affect your statutory rights as a consumer
              What they cover
              This document sets out the Farnborough Communications Web Sale Conditions (referred to as the sale conditions).
              We may change these sale conditions at any time, and any changes will take effect on the date they are posted on our web site.  Those changes will not affect any orders you submitted before the change.
              Exclusion of your terms of purchase
              These sale conditions apply to the exclusion of your terms and conditions of purchase.

              In these sale conditions: the contract is the contract which incorporates these sale conditions; the contract documents are these sale conditions, the web pages through which you ordered the goods, the descriptions and specifications of  the goods on our web site, and our e-mails to you acknowledging and/or accepting your order; the delivery charges means the delivery charges for your order stated in the ordering web pages and any order confirmation e-mail we send to you; the delivery address means the delivery address you provided to us in your account or as stated in the ordering web pages; the goods mean the goods you are purchasing under the contract; the price means the price of the goods as stated in the ordering web pages and any order confirmation e-mail we send to you; the ordering web pages comprise your shopping trolley and the checkout and other ordering pages generated by our web site and sent to your browser's specific to your orders; you and your means the person purchasing the goods from us; we, us, our mean Farnborough Communications; the web site means our web site through which you ordered the goods; and working or business day means Monday to Friday, except bank or other public holidays.

              Your order
              Your order to us is your offer to purchase the goods on these sale conditions, subject to our acceptance.  You are entitled to withdraw your offer at any time up to moment that we accept it.
              Acceptance of your order
              Your order is accepted, and the contract is made, when we send you an e-mail acknowledging or otherwise confirming receipt of your order, or if we do not send such an e-mail, when we despatch the goods or the first instalment of the goods to you.
              Declining your order
              If we decline your order for any reason we will normally e-mail or telephone you to inform you, and give you our reasons.  We will not normally accept any order until we have received pre-payment in full of the price, delivery charges, VAT and other amounts payable in respect of the order, unless you have a credit account with us and have not yet reached any credit limit.  Other reasons may include that the price, offer, or product has changed or because any of the goods you have ordered are not available.

              SALE AND PURCHASE
              On acceptance of your order, we agree to sell to you and you agree to purchase from us the goods specified in the contract documents.

              The goods will be the make and model of goods specified in the ordering web pages, will correspond to the essential characteristics, description and specification set out in our web site at the time of order.  We will not be responsible for variations between the description of the goods on our web site and the manufacturer's specifications, and the latter shall prevail.  We will also not be responsible for minor variations in specification, colour or other design features, and no such minor variation shall entitle you to rescind the contract, reject the goods or be the subject of any claim against us.

              CHARGES AND VAT
              You agree to pay the price, delivery charges and any protection plus or other charges stated in the ordering web pages, in accordance with the terms of the contract. The price, delivery charges and all other amounts payable under the contract are exclusive of value added tax which we may charge in addition at the rate applicable from time to time and which shall be payable at the same time as the amount on which it is charged.

              PAYMENT TERMS
              Payment With Order
              Unless credit terms have been agreed, payment of the price, delivery charges, and all other fees and amounts must be made with your order.
              Credit Account
              If you have a credit account with us, then the price, delivery charges, and any other fees and amounts must be paid in cash or cleared funds within 30 days (or such other period we may have agreed in writing with you) of your order.
              Payment Methods
              We accept payment by MasterCard, Visa, Solo, Switch and American Express, and such other cards as may be stated on our web site from time to time.  Payment is deducted when we process your order, if payment is due with order. If credit terms have been agreed, then we also accept payment by cash, cheque, and bank transfer.  If you send payment by post, then you take the risk of the post.  If your payment cannot be authorised or cleared for any reason we will tell you.
              No Set-off
              You must make all payments in full without set-off, deduction, counter-claim, or withholding.
              If you fail to pay any amount on time, then we shall have the rights set out in the Late Payment of Commercial Debts (Interest) Act 1998 (as amended or replaced).  If that act does not apply, then we may charge you, and you shall pay on demand, daily interest on the overdue amount such interest to run from the date when you should have paid it until the date you actually pay it (both before and after we obtain any court judgement) at the per-annum rate of 8% over the Bank of England base rate from time to time.

              Delivery Address
              Delivery will be to the delivery address selected or provided by you in the ordering web pages.  If no address was selected, then delivery will to the address at which your payment card is registered, or to any other address you have provided.  Please note that we only deliver to premises located in the United Kingdom (including Northern Ireland).  If we deliver elsewhere then we may charge you our delivery costs.
              Delivery Days
              We only deliver on working days, being Monday to Friday, excluding public and bank holidays, within the working hours specified on our web site (or if not specified, between 8am and 6pm).  Any statements as to delivery within a number of days should be read as working days, and if a bank or other public holiday falls within any delivery period then you should allow an extra two working days for delivery.  If you order after 2pm, please calculate your delivery time as if your order had been placed the following working day.
              Delivery Timescales
              We will use reasonable efforts to deliver the goods by the delivery dates or within the delivery timescales stated in the ordering web pages, or our standard delivery timescales stated on our web site, if a specific timescale has not been stated in the ordering web pages.  However, delays are occasionally inevitable due to unforeseen factors beyond our control and therefore delivery times are not guaranteed.  If we do not make a delivery date and we fail to deliver within a further 30 days, then you may cancel the contract and obtain a refund of any amounts you have paid under the contract. This shall be our sole liability and your sole remedy for late or non-delivery.
              We may make delivery of the goods by instalments.
              Failure to Receive the Goods
              If delivery is attempted within our stated delivery hours and you are not present to collect the goods or you unreasonably refuse to take delivery of the goods, then we may charge you our reasonable costs of returning the goods to the depot, our reasonable costs of storage, and our reasonable charge for re-delivering the goods at another time.  We will give you the option of collecting the goods from our depot or requesting further delivery attempts (at reasonable charge). We will store the goods for a maximum of 2 months, after which we may sell the goods and account to you for the proceeds less our reasonable storage costs.
              Delivery Note
              All deliveries must be signed for before our carrier will release them to you.  Signing for delivery is for simple proof of receipt purposes and will not affect any of your other rights.  Please make sure you keep the packing list enclosed with your goods, as this will be important if you are returning the goods later on.
              Unless an installation services applies to the goods, you will be responsible for unpacking and installation of any goods.
              Inspection on delivery
              When you receive the goods you should immediately inspect them for damage and faults, and you should inform us by end of the following working day if you do not consider that you have received the goods you ordered, and within 7 working days of receipt of the goods if you consider that the goods are faulty or damaged, otherwise the goods will be considered to have been correctly delivered, free from damage or faults and in good working order. This will be without prejudice to any damage or fault you could not have discovered on reasonable inspection of the goods.
              Risk in the goods shall pass to you on delivery.
              Retention of Title
              Title to the goods passes to you on delivery, unless the price or any other amount payable by you is outstanding at delivery, in which case title is retained by us until you have paid in full the price and all other amounts payable under the contract.  You agree that we may still sue for the price, notwithstanding that title has not passed.  You also agree that your right to possession and use of the goods shall cease if any amount payable by you under the contract becomes overdue, or you enter into liquidation or administration, and that we shall be entitled to enter any premises where the goods are kept for the purposes of repossessing them.

              Your right to cancel
              You have the right to cancel the contract in writing within 7 days of receipt. Your refund will be made within 30 days of receipt of your written cancellation. The goods should be returned to us at your expense, we reserve the right to make a deduction from any refund to allow for the cost of collecting the goods. 
              How do I cancel/return the goods?
              We must be notified of any fault within 7 days of receipt of the goods. If the customer rejects the faulty goods within 7 days then a full refund will be given, providing the goods are returned complete, in all original packaging and in a re-sellable condition.
              After 7 days of receiving the goods they may be returned to us if found to be faulty. We will repair or replace any faulty goods at our discretion. If the fault is not found to be warranty then the customer must pay for all handling/postage charges and any other charges for repair that may be needed.
              Contact us by telephoning us on 01252 403655, with your order reference number to hand.
              writing to us at 97 Osborne Road, Farnborough, Hampshire, GU14 6AP, quoting your order reference number.
              Don't worry if you don't have your order reference number to hand; this won't affect your rights, but it will save time if you can quote it.
              Manufacturer's Warranty
              We hereby assign to you the benefit of all warranties and guarantees provided to us by any manufacturer or supplier of the goods.  You are responsible for dealing directly with the manufacturer concerning claims under that warranty.
              Our Warranty
              We warrant that the goods on delivery will be of the description set out in the contract, will be new, will be in working order and will be free from material damage.  Our sole liability and your sole remedy for breach of this warranty shall be one of the following (at our sole option):-
              we will endeavour to repair the goods;
              we will replace the goods with goods which do conform to the contract; or
              we will take the goods back and refund you all amounts paid by you under the contract.
              We shall have no liability for any claims with respect to the goods not conforming to the contract, which are made later than 3 months after the date of delivery of the goods.  If we elect to repair or replace the goods, then the balance of that 3 month period will apply to any repaired or replacement goods, plus the time taken by us to repair or replace.  If we elect to repair or replace the goods and this proves not possible, or disproportionate, or we fail to do so in a reasonable time, then we may and will take the goods back and refund you all amounts paid by you under the contract.
              Exclusion of Implied Terms
              All warranties, terms or conditions implied by statute, common law, custom or otherwise as to the description, quality, fitness for purpose, or compliance with description or sample of the goods are hereby excluded to the fullest extent permitted by law.

              Meaning of "liability"
              In the contract, references to our "liability" shall be to our liability to you for breach of the contract, our liability to you for negligence, breach of statutory duty, tort, or accidental or negligent misrepresentation, and any other liability we may have to you whatsoever and howsoever arising under, in connection with, or in the course of performing, the contract, or in connection with the goods.
              Liability Not Limited
              We do not limit or exclude our liability to you for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or to refund any payments made by you under the contract.
              Excluded Types of Loss
              Subject to the Clause 13.2, we shall have no liability to you for: loss of revenue, bargain, profit, anticipated savings, contract, business, expectation, use, production, or goodwill; any costs, expenses, liabilities, or commitments waste, suffered, incurred or entered into in reliance on the contract; any costs of purchasing substitutes or replacements for the goods elsewhere; any special, indirect or consequential losses; your liability to any third party; or loss or damage suffered by any third party.
              General Limitation
              With the exception of liability covered by Clauses 11.3,and 11.4 above, our total liability for all events giving rise to liability to you in aggregate shall be limited to an amount equal to the price, delivery charges and other amounts payable by you under the contract.

              FORCE MAJEURE
              We shall not be liable to you for non-performance or late performance of the contract due to any matter beyond our reasonable control, including (without limitation) war, threat of war, terrorism, riot, civil commotion, public demonstration, blockade, or sabotage, the act of any government, government authority or legislature, industrial action (including our own employees), lightning, fire, explosion, storm, flood, earthquake, accumulation of snow or ice, or drought, shortages (including of fuel, utilities, and raw materials), vandalism, theft and other criminal action, interruption or failure of utilities, or anything of a similar nature affecting our carriers, sub-contractors or suppliers.  If any such events mean that we have insufficient stocks or supplies to meet all of our contracts with you and other customers, we may decide in our sole discretion which contract to fulfil.


              we are not able to supply any of the goods for genuine reasons beyond our control, for instance, because we did not have the goods in stock, or sufficient goods in stock to meet all our orders, and we are not able to obtain the goods from our suppliers at all or in time to meet the delivery timescales; or
              our web site and/or ordering web pages contained any error, including in relation to the  description or price of any of the goods; or
              if any of the goods are not in stock or insufficient goods are in stock to meet all our orders and cost of acquiring the goods to supply to you is higher than when your order was submitted or the cost of delivery is higher than when your order was submitted,
              we shall be entitled to cancel the contract as a whole or in respect of those goods, in which case we will offer you a full refund, and we may also at the same time give you an offer to continue with your order subject to variations, or give an alternative offer, in which case we will identifying any changes to the goods, the price and delivery charges, and delivery timescales, and we will state how long that offer will remain open.  These will be your only remedies and claims against us in such circumstances.

              Entire Agreement
              The contract documents constitute the entire agreement between you and us for the sale and purchase of the goods. No other communications or representations between you and us, whether written or oral, shall bind us, and you acknowledge that you have not relied on any representations from us in entering into the contract which do not form part of the contract documents. Any variation or alteration to the sale conditions shall only be binding upon us if made in writing and signed by a director of Farnborough Communications.  No employee, other than a company director, has authority to change the terms of the contract.
              Assignment by customer
              You may not assign, transfer, charge, or declare a trust over the benefit of the contract or any rights under it to anyone else without our prior written consent.
              Assignment by Farnborough Communications
              We shall be entitled to assign the benefit of the contract and any debts under the contract.
              Third Party Rights
              The contract shall not benefit or be enforceable by any third party.
              We may sub-contract our obligations under the contract.
              Invalid Terms
              Each of the terms of the contract is separate and severable, and if any term is held to be void or invalid, it shall be severed, and the remaining terms shall continue in full force.
              We may on occasion, at our sole and absolute discretion, decide not to exercise or wait before exercising our rights. If we do so, we shall still be entitled to insist on the strict terms of the contract later on.
              Law and Jurisdiction
              The contract shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction
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              Farnborough Communications 01252 403655 for Sales, Hire and Radio Repairs. 

              Copyright © 2010 Farnborough Communications - ADDRESS: 97 Osborne Road, Farnborough, Hampshire, GU14 6AP   Two Way Radio & CB Specialists

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