Edit Heaven

Terms and Conditions for Sale of Equipment or Software

 

These terms and conditions supersede all previous terms and conditions of Edit Heaven and are for business customers only.

No variation of these Terms & Conditions shall be accepted unless specifically agreed to in writing by the Company.

Definitions

1. Edit Heaven is a trading name of Heaven Consulting Limited, a company registered in England number 5083873, whose registered office is 99 Cambridge Road, New Malden KT3 3QP (“the Company”).

2. The specific goods or services to be provided by the Company in respect of any particular sales transactions are those as set out in the customer’s order.

3. These conditions shall be construed in accordance with English Law.

Ownership and risk

4. Goods purchased remain the property of the Company until the Company has received cleared funds in full payment for the goods delivered to the customer.

5. If payment for the goods is overdue in whole or in part the Company, its employees or its agents may recover or resell the goods and may immediately and without notice enter upon any land, buildings or vehicles of the customer, its employees or agents for that purpose.

6. Immediately upon delivery the risk in the goods shall pass to the customer who is responsible for protecting the goods against loss or damage. Until the goods are paid for the customer shall insure the goods against all usual risks (including, but not limited to, theft and accidental damage).

Delivery

7. The Company shall use its reasonable endeavours to manufacture the customer’s products within 28 days of the date of issue of the customer’s order. Estimated product build times which are given at the time of placing an order are estimates only and do not equate to delivery times. If the customer has ordered several products at one time, the Company may deliver such products on different days.

8. Whilst the Company will make every effort to supply the customer with the products listed on the order, there may be occasions where the Company is unable to supply these products because, for example, such products are no longer being manufactured or the Company is unable to source relevant components. In such circumstances the Company will contact the customer to inform the customer and may suggest alternative products which the customer might wish to purchase. If the customer does not accept its suggestions then the Company will cancel the customer’s order in relation to those products the Company cannot supply and repay the customer any money which the customer may have paid to the Company in respect of those products. Repayment of such monies will be the extent of the liability of the Company to the customer if the Company is unable to deliver to the customer the products the customer has ordered.

9. A charge is made for all deliveries. The amount of the charge is dependent on the specific goods purchased. The Company will notify the delivery charge to the customer before the customer confirms the order.

10. If on delivery there is any shortage in the goods ordered this must be notified to the Company in writing within three days of receipt of the invoice.

11. In the event of an error in price or non-delivery this must be notified to the Company in writing within ten days of receipt of the invoice.

12. In the event of goods arriving damaged or incomplete it is necessary for them to be signed for as such and the carrier concerned to be immediately informed and any claim arising must be made to the Company in writing within three days of delivery.

Software

13. All software is licensed to the customer on the terms and conditions of the applicable licence agreements. These licence agreements are shipped with the software.

14. The customer shall be responsible for ensuring that any software or product bundle ordered is suitable for the customer’s requirements and is compatible with the customer’s existing systems and practices.

15. The Company warrants that software will provide the facilities and functions and perform substantially as described in the documentation supplied with it. The Company does not warrant that the operation of the software will be uninterrupted or free from error.

Avid Product Telephone Support

16. The Company will at no additional cost provide telephone support service for Avid Xpress Studio, Avid Xpress Pro, Avid Xpress DV and Avid DNA Mojo which the customer purchases.. The service is available for 30 days from the date of purchase (the date of the customer’s invoice). Thereafter, telephone support will be chargeable subject to purchase of a Maintenance Agreement, a quotation for which will be provided on request to support@editheaven.co.uk.

17. The telephone support service shall consist of telephone advice and guidance in relation only to set-up and installation problems and associated usability issues.

18. The telephone support service is available between 09:45 and 17:45 on working days. The telephone support service is accessible via the Edit Heaven Support line; 07956 630000. The customer will bear the cost of telephone calls the customer makes to the Company.

19. In providing telephone support, the Company will attempt to resolve the customer’s query when the customer first calls the Company. The Company cannot guarantee resolution of the customer’s queries. On occasions the Company may need to return the customer’s call in order to suggest a resolution.

Guarantee for Edit Heaven branded products

20. All hardware is guaranteed against defects in materials and workmanship for one year from date of purchase (the date of the customer’s invoice). Where hardware is repaired or replaced under this guarantee such repaired or replaced hardware is covered for the remainder of the one year period. Where hardware is defective, the Company will provide all parts and labour necessary to repair the hardware to proper operating order on the terms set out in this guarantee.

21. We will provide Back-to-Base remedial maintenance and repair, including all parts and labour, necessary to restore failed hardware to proper working condition. The Company may, at its option, replace hardware or parts of hardware and the Company may use refurbished parts or modules in performing this service. Replacement parts become the customer’s property and replaced parts become the property of the Company. The Company is not able to provide the customer with replacement hardware while the customer’s hardware is being repaired. The Company will use reasonable endeavours to repair the customer’s hardware within 14 days of the customer’s reporting a fault but repair may take longer due to circumstances beyond the control of the Company.

Guarantee for Non Edit Heaven branded products

22. For non-Edit Heaven branded products, the Company passes on the relevant manufacturer’s warranty to the customer. The Company will use reasonable endeavours to arrange repair within the terms of the relevant manufacturer's warranty by reference to the manufacturer.

23. For non Edit Heaven-branded products, all warranty claims, where relevant, should first be made either to the Company by phone (in which case the Company will use reasonable endeavours to resolve these on the customer’s behalf by reference to the manufacturer) or to the manufacturer directly in accordance with the terms of any warranty included with the products purchased.

24. This guarantee only covers the customer’s hardware; it does not cover the software, services or any other products. The customer should refer to the relevant software licences for warranties which apply to the customer’s software.

General

25. Before subjecting the customer’s hardware to guarantee service, the customer is responsible for making a separate backup copy of system software, application software and all data and for disabling any passwords. The customer is responsible for reinstalling all such software, data and passwords. The Company accepts no liability for loss of data caused by guarantee service. Whenever calling the Company in relation to their guarantee entitlement the customer should do so between 09.45 and 17.45 on any working day. The customer will bear the cost of telephone calls they make to the Company.

Exclusions

26. The guarantee for hardware does not cover: damage caused by accident, misuse or neglect; damage caused by exposure of hardware to an improper environment (including, without limitation, excessive temperature or humidity, unusual physical or electrical stress, failure or fluctuation of electrical power, lightning, static electricity or fire); damage caused by service or modification or alteration of hardware by anyone other than an Edit Heaven Authorised Representative; data loss or recovery; any modifications to hardware required by any legislation coming into force after the date of purchase (the date of the customer’s invoice); or any hardware of which the serial number has been removed or tampered with. If in the process of repair the Company discovers that the customer’s hardware is not eligible for guarantee service, the customer may, at the discretion of the Company, be liable to pay the Company the costs of collection and return.

27. The Company does not accept liability for claims concerning the goods as to their quality, fitness for purpose or otherwise, except for death or personal injury caused by its negligence or fraud. Nor does the Company accept any liability for indirect or consequential losses or loss of profits.

Payment

28. The current prices for the sale of goods or services quoted in writing supersede all previous published or quoted prices. Any published prices are subject to alteration by the Company at any time and without prior notice.

29. Unless otherwise stated, any price or rate quoted or published by the Company is exclusive of Value Added Tax which shall be payable to the Company in addition to the price or rate.

30. We may demand a deposit with order, the size of which may vary according to the customer’s credit status and the nature of the goods being purchased.

31. The customer may be offered a credit account at our sole discretion, upon provision of satisfactory credit references.

32. Credit payment terms are strictly 14 calendar days from the date of invoice. We reserve the right to charge interest at 4% above the current base rate of Lloyds TSB Bank plc on all overdue amounts.

33. Payment by credit card or Switch is accepted. Payment by credit card attracts a surcharge of 2% on the total amount payable. There is no surcharge for payment by Switch.

 

Sale Terms and Conditions | ©2006 Edit Heaven