R.A. HARVEY RIDGE LIMITED
(Standard Conditions of Trading)
(1) In the following paragraphs the Company shall mean R.A. Harvey Ridge Ltd -Purbeck Aerials and the Customer shall mean any person company or organisation that places an order on the Company for the supply of materials and/or services. All orders received by the Company for the supply of materials and/or services will be subject to the following conditions that will form the basis of the Contract between the Company and the Customer. These conditions (together with any order form and/or acceptance of order form) constitute the entire agreement between the parties and the Customer warrants that it has not entered into the Contract as a result of any representation promise warranty or agreement other than as contained in these conditions.
(2) Except where standard bulk-rate prices have been negotiated between the Company and the Customer, the Company will assess each job and estimate for the work considered to provide the best quality reception of signals in the prevailing reception conditions. A further assessment will be made on completion of the work and further recommendation made where appropriate.
(3) Equitable and beneficial ownership of the goods supplied shall remain with the Company until full payment has been received.
(4) By accepting the supply of goods or services the Customer gives the right of access to the Company to enter upon the property for the sole purposes of carrying out the work ordered. The Customer further gives irrevocable right of access to the Company to remove such goods should the Company in accordance with the stated trading terms not receive payment. Where the Customer does not own the property, it is the responsibility of the Customer to obtain such permission from the owner and the Customer warrants that such permission has been obtained. Furthermore, it is the responsibility of the Customer to obtain planning permission, should this be required and the Company accepts no responsibility for the cost of removal/re-siting of any antenna if this permission has not been obtained.
(5) The Company undertakes to make good any damage caused directly to the property by the execution of the work under this Order, provided the Company is notified of such damage within 10 days and given reasonable opportunity, and access, to inspect the damage prior to repairs being carried out should the Company wish to inspect. The Company shall not be liable for such damage unless this condition is strictly observed. This agreement does not affect your statutory rights as a consumer.
(6) The Company undertakes to maintain insurance cover against public liability cover for an amount not less than £2 million in any one claim.
(7) The Company reserves the right to decline to carry out work that, in its sole judgment, is considered to be unsafe.
(8) The Company cannot guarantee the quality of reception, as this is dependent on factors outside its control. However, every effort will be made by the Company to ensure that the reception obtained is as good as the prevailing local factors allow. The Customer is reminded that the continuous growth of trees and shrubs may have a detrimental shadowing effect on reception particularly where they obscure the line of sight with the transmitter or satellite, a similar effect can occur with new buildings erected in the line of sight and the Company cannot guarantee against the resultant loss of signal caused by such instances. The Company cannot guarantee against vandalism, gales or lightning. Call backs, which can be rectified by the pressing of Customer accessible controls, are not covered by guarantee and any requests for service will be chargeable. Your statutory rights regarding services provided and faulty materials are not affected.
(9) The Company draws to the attention of the Customer the following recommendations of the BBC regarding the installation of UHF aerials in lofts. The television and radio transmitter networks have been carefully planned to make best use of the frequencies available. The plan assumes that a good aerial mounted OUTSIDE would be used for television or VHF radio in the home. Loft mounted aerials may sometimes be suitable for VHF stereo radio, but indoor aerials are never recommended for television. In all cases, the fitting of an aerial in a loft will adversely affect the quality of reception obtained. Although the Company will make every effort to obtain satisfactory reception, it cannot guarantee the results from aerials so sited.
(10) In general the Company will direct aerials towards the transmitter designated by the BBC and Ofcom to serve the area in which the property is situated. Where the Customer specifically requests reception from an out of area transmitter the Company will make every effort to obtain satisfactory reception but reserves the right to make a service charge if reception proves unacceptable.
(11) Where an MATV, SMATV, or satellite IF system has been installed, the Company shall provide the Customer with a commissioning report to record the type of system, a description of materials used and the signal levels achieved at the head end and at the various points throughout the system.
(12) Systems shall comply with all relevant Health and Safety Standards including BS EN 50083-1 and the CAI Codes of Practice. Where these Standards are not included in the specification, the Company shall advise the Customer on such applicable Standards.
(13) Digital terrestrial signals:
(a) Until the digital network is fully operational across the UK no guarantees of digital reception, by aerials installed before that time, can be given.
(b) Where digital signals prove to be below the threshold recommended in the CAI Codes of Practice, but the Customer is satisfied with the reception quality of sound and picture, then the Company cannot be held responsible for the maintenance of that quality under the normal guarantee terms. Should deterioration of reception occur for any reason other than mechanical or electrical breakdown of the aerial equipment, then the Company reserves the right to impose service charges if the Customer requests further efforts.
(c) The Company reserves the right to charge for work, which may result from unacceptable reception on aerials described as compatible for digital reception, but proving unacceptable once broadcasts start at full power in the area in which it was installed.
(14) Point 13(b) also applies to five (Channel 5) analogue signals.
(15) The Company shall not be held responsible for loss of reception due to the future encryption or broadcast modulation change of any signal received, regardless of transmission platform.
(16) Except for approved trade accounts, terms are strictly COD. At its sole discretion, the Company may invoice the Customer for the work carried out. All such invoices are strictly net and unless otherwise agreed by the Company are due for payment within 7 days from the date of invoice. The price payable will be the Company’s price as stated on their price list at the date of placement of the order or such variation to that price as otherwise agreed by the Company with the Customer and stated on the order form and/or acceptance of order form.
(17) All sums unpaid after the date on which payment became due in accordance with clause above (“Payment Date”) shall bear interest from the Payment Date to the date of actual payment at a rate of 3% above the base rate at the time prevailing of Santander plc.
(18) Contracts goods shall be at the Customer’s risk for insurance when delivered to the Customer’s vehicle (if collected) or to their premises or wherever directed by the Customer (if delivered).
(19) If the Customer has an authorised 30 day credit account shall commit a breach of any of these conditions or if any distress or execution is levied on any of the property or assets of the Customer or if the Customer shall suspend payments of its debts or shall make an offer or any arrangement or composition with creditors if an interim receiver of the Customer’s property shall be appointed or the Customer commits an act of bankruptcy, or if an bankruptcy petition or order is presented or made against the Customer or any resolution or petition to wind up the Customer’s business or any administration order in relation to the Customer is passed presented, or a receiver, administrative receiver or manager of its assets shall be appointed then without prejudice to any other rights including rights to damages which the Company may have:-
(a) any sums due in respect of goods which have been delivered to the Customer shall become payable forthwith; and
(b) The Customer’s rights to possession of and to sell the contract goods shall cease and the Company shall be entitled, upon reasonable notice, to recover and repossess all goods which are the property of the Company; and
(c) the Company shall be at liberty at any time thereafter to cancel, by notice in writing to the Customer, all orders and contracts or any part thereof remaining unfulfilled between the parties.
(20) The Customer is deemed to have and acknowledges that it has, exercised its own skill and judgment in selecting the goods ordered in entering into this Contract and has not relied upon the skill judgment or advice of the Company, except where stated.
(21) Acceptance of any goods returned due to the error of the Customer, whether in the terms of its order or otherwise, is entirely at the discretion of the Company.
(22) No representation is made or warranty given by the Company that any goods supplied to the Customer do not infringe any patents, trademarks, registered designs or other similar intellectual property rights and the Customer should satisfy itself of this.
(23) The time quoted for delivery/performance is estimated and not a guarantee. This does not affect your rights, under the Supply of Goods and Services Act 1982, to expect work to be completed within a reasonable time. The Company shall not be liable for any failure to deliver the goods or supply the services arising from circumstances outside the Company’s control and non exhaustive illustrations include acts of God, war, riot, explosion, abnormal weather conditions, fire, flood, government action, strikes, lock out, delay by suppliers, accidents and shortage of materials, labour or manufacturing facilities. If the Company is prevented from delivering or providing services in the above circumstances then it shall notify the Customer of this act in writing within 14 days of the date on which it becomes apparent that the Company is unable to deliver the goods or supply the services as a result. If the circumstances preventing delivery or fulfilment of the services are still continuing 28 days from and including the date when the Company sent such notice then either party may give written notice to the other cancelling the Contract and such written notice must be received while the circumstances are still continuing.
If the Contract is cancelled in this way the Company shall refund any payment which the Customer has already made on account of the price of the Contract (subject to deduction of any amount which the Company is entitled to claim from the Customer) but the Company accepts no liability to compensate the Customer for any further loss of damage caused by the failure to deliver or supply services and/or goods.
(24) The Contract (Rights of Third Parties) Act 1999 shall not apply to this Contract so that only the parties to this Contract shall be entitled to enforce the provisions of this Contract, save for any assignee of the Company.
(25) Any dispute under or arising out of any order accepted by the Company which cannot be satisfactorily resolved between the Company and the Customer shall be referred to an independent arbitrator to be appointed by the Chairman of the Confederation of Aerial Industries Limited.
(26) The terms of any order to which these conditions relate shall in all respects be construed and operate in conformity with the laws of England and the English Courts shall have exclusive jurisdiction to determine all questions or matters relating hereto or arising there from.
(27) This agreement is personal to the customer and shall not be assigned by the customer without the prior written approval of the company, nor shall the customer, without prior written approval, make this contract or the goods the subject of this contract, subject to a security interest or otherwise transfer any of the rights granted herein. The company may, however, assign the benefit of this contract.
(28) The Company will not be liable under this contract for any loss or damage caused by them, their employees or agents in circumstances where;
• there is no breach of a legal duty of care owed by the company or by any of the companies employees or agents; or
• such loss or damage is not a reasonably foreseeable result of any such breach;
• (the) loss or damage result(s) from breach by you of any term of this contract.
• Orders placed through this website are bound by these Terms and Conditions.