1. (i) All orders for goods and services are supplied to the following express terms and conditions. The Buyer accepts that these conditions shall govern relations between him and Premier Acoustic Limited (herein after called “the company") to the exclusion of any other terms including, without limitation, conditions and warranties written or orally expressed or implied even if contained in any of the Buyers' documents which purport to provide that the Buyers' own Terms shall prevail. Neither the performance in full or in part of the Buyer's order nor any other conduct whatsoever on the part of the Company shall be construed as the acceptance by the Company of terms or conditions inconsistent with these Terms and Conditions of Sale. No variation or qualification of these Terms and Conditions of Sale or any quotation or contract arising here from shall be valid unless agreed in writing and signed by a Director of the Company.

(ii) If under any applicable rule of law any provision of these Terms and conditions of Sale shall be void or otherwise unenforceable these Terms and  onditions of Sale shall be void or as the case may be unenforceable to that extent but no further.

2. All orders are accepted for delivery at the price quoted, within the stated despatch and delivery period. Unless otherwise specifically stated all quotations in respect of goods not listed in the Company's prevailing Trade Price List are valid for 30 days from the date of the quotation. If delivery is delayed at the customer's request, the Company reserves the right to increase its prices to recover any extra costs incurred. All prices are quoted on an ex-works basis and are subject to carriage charges. Prices do not include VAT which will be charged at the rate ruling at the date of despatch and / or performance of services as the case may be.

3. (i) All periods for despatch and delivery however expressed are approximate only. The Company will use all reasonable endeavours to comply with the stipulated period or, if no such period be stipulated, within a reasonable time. The risk in the products shall pass to the Buyer when the Company delivers the products in accordance with the terms hereof to the Buyer or other persons to whom the Company has been authorised by the Buyer to deliver the goods whether expressly or by implication and the Company shall not be liable for the safety of the products thereafter and accordingly the Buyer should insure the goods thereafter against such risks as may be commercially prudent.

(ii) Reports of goods damaged in transit or quantity discrepancies must be notified to the Company within 3 days of delivery. Reports of non-delivery must be    notified to the Company within 14 days from the date of invoice. The Company will use its best endeavours to replace goods or make up shortages subject to damage in transit, quantity discrepancy or non-delivery being established to its satisfaction.

(iii) The Company shall not be liable for any consequential loss or damage to the Buyer or others arising directly or indirectly out of late despatch or delivery, damage in transit, quantity discrepancy or non-delivery. Nor shall the aforementioned, whether due to the Company's default or not, be deemed to be a breach of contract, nor entitle the Buyer to cancel the contract.

4.(i) All orders are accepted on a pro-forma, cash with order or cash on delivery basis at the option of the Company unless credit facilities have been agreed in writing when payment should be made within 30 days of the invoice date. Failure to settle by the required date may incur collection costs which will be debited to the account. Where payment is not received by the due date:      

• interest shall accrue on the sum outstanding at a rate of 4% above the current London Inter-Bank rate calculated on a day to day basis but without prejudice to the Company's right to receive payment on the due dates.

•the Company or its agent may at any time in normal business hours enter upon any premises owned or occupied by the Purchaser for the purposes of taking possession of the said goods and the purchaser shall afford the Company all reasonable facilities (including the inspection of records, bank statements etc.) for the purpose of tracing the said goods or the proceeds of sale thereof.

(ii) Notwithstanding delivery the title to all goods supplied by the Company shall not pass to the Purchaser until payment of the whole of the purchase price for  the goods and of any other sums whatsoever which are or may become outstanding has been received by the Company.

5.(i) This clause does not apply to any contract for the sale of goods which is a "consumer sale".

(ii) The Company will repair or replace free of charge at its option any items manufactured by the Company which shall be or become defective as a result of faulty workmanship or faulty components within one year from the Company's invoice. Any defects or faults must be notified to the Company in writing within seven days of their discovery. The Company will then advise the Purchaser whether the equipment is to be returned to the Company's premises for the inspection and rectification. Any goods that are returned must be forwarded at the Purchaser's risk, carriage paid. The Company hereby assigns to the Purchaser the benefit of any guarantee granted to the Company in respect of components not manufactured by the Company. Site visits made by the Company's engineers upon request to investigate the operation of its equipment after installation will be chargeable unless they are found to be necessary because of faults in the design or manufacture of the equipment. This guarantee is given in substitution for any other condition or warranty express or implied whether by statute or common law which are hereby expressly excluded from the contract with the exception of the conditions implied by Section 12 Sale of Goods Act, 1893, as amended by the Supply of Goods (Implied Terms) Act, 1973.

(iii) No guarantee will be granted by the Company for faults or defects that it deems to have been caused by:

• fair wear and tear, accidental damage or any other matter beyond its reasonable control occurring after date of delivery

• incorrect or negligent handling, disregard of operation instructions, overload, unsuitable work, faulty erection or any other default by the  Purchaser, his servants or agents

• modifications or repairs which the Purchaser has effected without the Company's written consent

(iv) The Company shall not be liable for any consequential loss or damage suffered by the Purchaser including but without limitations delay, loss of production, loss of profits, loss of or damage to other property or goods, death or injury to any person or any loss or damage capable of being covered by insurance.                                                                   

6. (i) In the case of contracts involving commissioning, it is understood that goods and materials will be unloaded, stacked and stored by the Purchaser at the         Purchaser's risk. Where equipment is stored on site prior to being commissioned by the Company's engineers, it is the Purchaser's responsibility to ensure the good condition of the equipment. Unless otherwise stated in the tender, it is assumed that:

• before the arrival of the Company's commissioning engineers the site is accessible, clear, level and dry and where floor and / or wall fixing is necessary that there are no circumstances to prevent this

• electricity supply is available for light and power tools

• sufficient working space is allocated to ensure maximum efficiency

• the Company's engineers are given every facility to complete their work without undue hindrance

(ii) The Company reserves the right to charge extra should these conditions not be adhered to. Where other contractors are also involved, it is assumed that their program will be such as to permit the Company's work to be carried out with continuity and with the specified number of visits to site. Should the Company be subject to delays or are required to make a-return visit to site, this will involve additional charge.

7. (i) Whilst every effort has been made to ensure the accuracy of technical data shown in the Company's literature, the Company does not however accept any responsibility for any errors or omissions. The Company reserves the right to alter specifications without prior notice.

(ii) Where goods are supplied subject to any test or inspection they must be tested or inspected at the Company's works, the results of the said test or inspection  shall be conclusive evidence that the goods comply with the contract in all respects and that the Company shall be under no further liability whatsoever in respect of the goods or any other defect therein.

8.  The operation of equipment with record players, tape players, CD players and radio in Public is subject to Licence. It is the end user's responsibility to obtain the necessary Licenses prior to broadcast.

9. These Terms and Conditions of Sale shall be governed and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of English Courts.