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Terms and Conditions of Use of our Products
Interpretation
1.1 In these terms:
"Acousti" |
means Acousti Products Limited (registered in England with number 4514007) |
"Acousti Material" |
means any documents, plans, drawings, specifications, details, data or other information provided by ACOUSTI to the Client relating to the Goods |
"User" |
means the person, firm or company either purchasing or using our products |
"Third Party Material" |
means any documents, plans, drawings, specifications, details, picture or any other record of information in any form provided by any other third party including our distributors or resellers |
"Goods" |
means the goods (including any installment of the goods or any parts for them) which ACOUSTI is to supply in accordance with these Terms |
"IPR" |
include but are not limited to copyrights, patents, utility models, trade marks, design rights (whether registered or unregistered), database rights and proprietary information rights |
"Terms" |
means the standard terms of use of our products set out in this document |
"Writing" |
and any similar expression, includes electronic mail, facsimile transmission and comparable means of communication |
1.2 A reference in these Terms to a provision of a statute shall be construed as a reference to that provision as amended, re enacted or extended at the relevant time.
1.3 The headings in these Terms are for convenience only and shall not affect their interpretation.
Basis of Use
2.1 Any typographical, clerical or other error or omission in, any sales literature or any Acousti Material or any Third Party Material shall be subject to correction without any liability on the part of ACOUSTI. Actual products may vary in appearance to those shown on this or a third party's website.
2.2 Unless otherwise agreed in Writing by ACOUSTI all specifications and particulars of the Goods submitted by ACOUSTI are approximate only and statements in relation to the same, samples, drawings, models, illustrations or other descriptive matter, whether contained in ACOUSTI's website, catalogues, price lists or otherwise shall be regarded as descriptions only and not binding as to detail. ACOUSTI reserves the right to amend, improve or otherwise change product specification without notice.
2.3 ACOUSTI reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or E.U. requirements or, where the Goods are to be supplied to ACOUSTI’s specification, which do not materially affect their quality or performance.
Intellectual Property Rights
3.1 The property and other IPR in any Acousti Material or anything produced or used by ACOUSTI shall vest solely with ACOUSTI and may not be reproduced except with the express written consent of ACOUSTI.
Liability
4.1 The User is solely responsible for satisfying himself as to the suitability of the Goods for any particular purpose and the Client relies solely on his own skill and judgment and not ACOUSTI’s skill and judgment in determining such suitability.
4.2 Except in respect of death or personal injury caused by ACOUSTI’s negligence, or liability for defective products under the Consumer Protection Act 1987, ACOUSTI shall not be liable to the User by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation, including data loss whatsoever (whether caused by the negligence of ACOUSTI, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply the Goods) or their use or resale by the User.
4.3 No responsibility or liability can be borne by ACOUSTI for damage or loss incurred either directly or consequentially, including data loss, due to the following;
4.3.1 Incorrect product selection.
4.3.2 Installation of the Goods is at the User's own risk. For the User's own safety and to avoid damage to computer equipment, or any other equipment, we strongly recommend the User read the installation instructions available on this website or supplied with the Goods before installation. If the User has any doubt about their own ability to install the Goods then a qualified engineer should be employed to do the work.
4.3.3 The User incorrectly fitting Goods so that they obstruct airflow, or are placed too close to components and not leaving reasonable and sufficient space for airflow and normal cooling. It is the responsibility of the User to position the Goods appropriately to facilitate the normal functioning of other internal components in equipment.
4.3.4 Application of the Goods to non-suitable surfaces e.g. unclean surfaces on which dust, oil, grease or other debris have gathered.
4.3.5 Application of the Goods directly against integrated circuits (ICs) and/or computer components such as heat sinks, hard disk drives (HDDs) and other optical drives.
4.3.6 Any modifications made to Goods by the User without explicit written approval.
4.4 It is the User's responsibility to monitor equipment (including computer CPU temperatures) after installation of our Goods to ensure the equipment is operating at a safe temperature. In computer equipment it is also the User’s responsibility to monitor the temperatures of HDDs and other 'warm' components, such as graphics cards.
Warranty
5.1 In the event of any claim by a User regarding a product defective by reason of improper workmanship or materials within 12 months from supply by ACOUSTI, the replacement, repair or refund of goods will be made at ACOUSTI’s sole discretion as to the suitability of the claim.
5.2 Any modifications made to Goods by the User will invalidate ACOUSTI's warranty.
Payment and Delivery
6.1 Full payment is required in advance for all purchases unless otherwise agreed. We reserve the right to decline acceptance of an order if we deem there is a good reason for doing so. If we export an order to an address outside the UK, the total order charge made does not include any international customs and/or brokerage fees and the purchaser accepts responsibility to pay such charges including local sales taxes imposed by the country to which the goods are shipped.
6.2 Value-Added Tax (VAT) will be added to orders automatically if applicable and this amount will be calculated and shown on the invoice.
6.3 Invoices will normally be sent electronically and such transmission and receipt will be deemed legally binding as if they had been posted and delivered via the normal postal services.
6.4 Trade Credit may be given (or revoked without notice) at the sole discretion of Acousti Products Ltd. For Trade Credit account customers, payment is due 30 days from the date of the invoice unless otherwise agreed. The purchaser agrees to pay promptly in accordance with these terms. Interest will become due on overdue accounts at NatWest Base rate plus 3% pa accruing on a daily basis.
6.5 Individual product prices do not include delivery and a delivery charge will be automatically added to each order placed.
6.6 Cancellation of confirmed orders will incur a restocking charge plus any additional charges incurred by Acousti Products Ltd. These are at the sole discretion of Acousti Products Ltd but as a guideline the normal minimum cancellation charge is 25% of the value of a confirmed order.
Retention of Title
7.1 Notwithstanding delivery and passing of risk, property in and title to the goods shall remain with the seller Acousti Products Ltd until the seller has received payment of the full price of:
a) all Goods the subject of the Contract and
b) all other goods supplied by the seller to the buyer under any contract whatsoever.
7.2 Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer.
General
8.1 If any provision of any contract held by ACOUSTI and another party or any provision of these Terms is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the contract and/or Terms and the remainder of the provision in question shall not be affected.
8.2 The Contracts (Rights of Third Parties) Act 1999 shall not apply in relation to any contract held by ACOUSTI and another party and/or any provision of these Terms.
8.3 Any contract held by ACOUSTI and another party and any provision of these Terms shall be governed by the laws of England, and the Client agrees to submit to the exclusive jurisdiction of the English courts.
8.4 Copyright © 2002-2006 Acousti Products. All rights reserved. No part of this website may be reproduced without express permission in writing from the copyright holder. AcoustiPack, AcoustiRACK and AcoustiFan are trademarks and are copyright © 2002-2006 Acousti Products. AcoustiCase is a trademark copyright © 2002-2006 Acousti Products and QuietPC.com.
By purchasing or using our products you are accepting the terms and conditions here set out.
