Green Monkey Help - Terms & Conditions of Sale
All Green Monkey quotations are made, and all orders are accepted, subject to the following terms and conditions. A customer desiring any reasonable amendment of those terms should communicate with the Company before forwarding an acceptance. No amendment of these terms shall be valid unless made in writing and signed by the Company.
'The Company' means Green Monkey AV Limited, 'the Customer' means the person, firm, company or corporation who orders, purchases and/or contracts to order or purchase goods of the Company. “Consumer” means that you order from us other than for the purpose of business use.
Catalogues, brochures and price lists and all other advertising matter are only an indication of the type of goods offered by the Company they shall not constitute a sale by description. All prices therein are intended to be correct at the date of publication but are subject to increase, alteration or withdrawal without notice. ALL OUR PRICES EXCLUDE VAT. VAT is effective at current rates and subject to change by the government. The company reserves the right to pass on to the customer any VAT increase.
Description of Goods
All specifications, drawings, illustrations, particulars of weight and dimensions issued by the Company are approximate only and do not form part of any terms, conditions or warranties of any contract entered into by the Company.
The Company may vary such specifications, drawings, illustrations, particulars of weight and dimensions at any time and for whatever reason, without having to give a reason or explanation and will not accept any subsequent liability as a result.
Free Gifts and Promotions
These are subject to availability and management reserves the right to withdraw the offer at any time without prior notification.
All quotations made are applicable only to the quantities specified and are valid for 30 days from the date of quotation.
The Company reserves the right to increase its price to take account of variations in labour, material or other costs between the date of quotation and the last date of delivery of the goods.
Verbal orders must be confirmed in writing within 24 hours.
If the Customer cancels any order before its completion he shall immediately thereupon become liable to pay to the Company a sum equal to the cost of the labour, materials and overheads expended in the execution of the said order up to and including the date of the receipt of such cancellation plus the amount of the profit which the Company would have made but for such cancellation.
All orders placed either online or via phone, email or fax will be subject to a final acceptance by the company.
Where credit terms have not been agreed, payment should be made in full with order or, where appropriate, immediately prior to dispatch of the goods.
Unless otherwise agreed in writing credit terms are strictly net 30 days from date of invoice.
All payments should be made in the currency stated on the invoice in accordance with our agreed terms.
If in default, The Company reserves the right to charge interest on unpaid invoices at the base rate of the Bank of England plus 2½% accruing on a daily basis starting day 31 from date of invoice until full settlement.
Overdue accounts will be passed onto our third party debt collection agency after two written requests for payment.
Where payment is not normally to be made until after delivery and the latter is delayed by the Customer's inability or unwillingness to accept such delivery at the time the goods are ready for dispatch, the Company reserves the right to demand immediate payment in full after giving notice of its readiness to deliver the goods and to charge the Customer any storage expenses it may have to incur, all such storage being entirely at the Customer's risk.
The Company reserves the right to withhold dispatch of orders if the account is in arrears.
Delivery and Passing of Risk
Any dates and times quoted for delivery are to be treated as an estimate and the Company shall not be liable whatsoever for failure to deliver by such date or time.
The risk in the goods shall pass to the Customer on delivery to the Customer's premises or to any person or party authorised by the Customer to receive goods.
The company will take all reasonable steps to deliver the goods within the stated period but shall not incur any liability whatsoever due to any consequences of failed or delayed delivery or carrier damage. Green Monkey does not guarantee to get delivery on site to meet installers and will accept no liabilities arising from delayed delivery or product damage consequently delaying installation.
We shall not be responsible for loss arising from causes beyond our control. These include Acts of God, war, civil disturbance, riot, industrial action or dispute, natural calamity, controls, restrictions or prohibitions of Government or other competent authority, fire, flood, sabotage or non-availability of materials.
Goods will be dispatched by the most convenient means unless otherwise agreed in writing. All deliveries are ground floor only as couriers are not insured to deliver above ground floor level.
Free Delivery applies only to mainland UK, EXCLUDING THE FOLLOWING AREAS; Highlands, Channel Islands, Republic of Ireland and the following mainland UK post code pre-fixes: AB, IV, KW, PA, PH, BT, HS, KA, ZE, IM. For carriage prices in any of these areas please call for a quote.
Express delivery service is available at an additional charge provided that the item ordered is in stock and the order is received by 15:00 hours the day before. Express delivery will be treated as a separate contract and is non refundable should the right to cancel be exercised.
Please note; In the event that payment has not been made in accordance with the agreed payment terms or if orders exceed our recommended credit limits then delivery may be delayed.
Damage caused in transit
The Customer should notify, in writing, the Company and the Carrier within 24 hours of delivery, any damage or loss of goods in transit. Non delivery should be notified in writing within 7 days of the date of invoice. No claims will be entertained outside of these times.
All deliveries must be checked at point of receipt and either signed for as damaged or refused if damaged. No replacements or refunds will be provided for items signed and accepted as either unchecked or okay.
Cancellation of orders & Returning Unwanted Items
If you deal with us as a consumer and have ordered goods through the internet, email or by telephone, you are advised of your right to cancel the order within 14 days in accordance with the Consumer Protection Distance Selling Regulations 2000 (DSRs).
If the DSRs apply, and you have exercised your right to cancel the order we must be notified in writing within 14 days of receipt of goods. Unfortunately we cannot accept return requests made outside of this period.
Upon cancellation you must return the goods to us at your expense. We cannot use our courier to collect goods. You must arrange for the goods to be returned to us, and ensure that you have adequate insurance.
Unwanted goods must be returned to the address supplied by us within 14 days of their receipt.
All returns must be properly packaged. In the event that goods are returned damaged because of inadequate package we reserve the right to charge you for the damage caused.
If you fail to return the goods we may charge you the reasonable cost of collecting the goods from you.
A returns number must be included with the returned items and no returns will be accepted without this number. This will be issued by email, once your return request has been accepted. Items returned to us without a returns note or damaged will be refused. To notify us of a request to return please email [email protected]
The following exceptions may not be cancelled under any circumstance as components and goods are ordered/made specifically as a result of your request:
• Clevertouch and LCD/Plasma TV's and screens
• Bespoke or printed goods
• 'Specials' which have been custom made or sourced specifically to your request
• Whiteboard wall covering products cannot be returned and cancelled unless you are returning a full roll.
• Mighty Brighty products be returned and cancelled if you have opened the product.
• Ideapaint cannot be returned and cancelled if you have opened the product.
Cancellation of Installations
Installation bookings can be cancelled at no cost up until three days prior to the booking. After this period, if installation is cancelled you will be charged at full cost.
Defects & Product Warranties
The Company shall not be under any liability to the Customer or to any third party in respect of defects in goods delivered whether patent or latent or for any injury, damage or loss resulting directly or indirectly from such defects howsoever caused. This provision does not affect any warranties or conditions implied by statute nor does it otherwise affect your statutory rights.
Without prejudice to the foregoing the Company reserves the right at its sole discretion to make replacement of goods or parts in respect of any complaint in writing relating to alleged defects received by the Company within one month of the date of delivery. The date of delivery for the purpose of this clause shall be the date of delivery to a carrier by the Company.
All products other than consumables are guaranteed against faulty workmanship for a minimum of 12 months from the date of purchase, longer where stated on the website and in the Audio Visual catalogue. The product warranty offered, unless otherwise stated, is return to base manufacturer's warranty. If goods do not conform to the stated warranty The Company will, at its option:
• Take such steps as The Company deems necessary to bring goods into a state where they are free from such defects.
• Replace goods not found to conform to the warranty.
• Take back the goods found not to conform to the warranty and refund the appropriate part of the purchase price
• Products, up to 28 days from date of invoice, which are reported as faulty, will be replaced, and The Company will arrange collection.
• Products over 28 days from date of invoice may be returned to base by the customer, for inspection/repair, prior to a replacement product being dispatched.
• Returns will be examined by an engineer and providing the fault is deemed to be a manufacturing fault not user misuse, the fault reported will be repaired under warranty and sent back to you at our cost.
• Should the fault found be due to user misuse the repair may be chargeable.
• Please also note products must have sufficient packaging and be extremely well protected when being transported back to us as we will not cover any damaged due to inadequate packaging.
Before using any of our products, the customer shall determine the suitability of the product for its intended use, and the customer assumes all risks and liability whatsoever in connection herewith.
Green Monkey AV Ltd shall not be liable either in tort or in contract for any penalty, loss, injury, damage or expense - direct, incidental or consequential, arising out of the use of, or the inability to use, any delay, or failure in delivery, or performance from any cause at all, nor shall any such delay or failure entitle the Customer to refuse to accept any delivery or performance of or repudiate the Contract.
Ownership of Goods/Retention of Title
Goods shall remain the property of the Company until payment in full has been received.
Until title to the goods passes to the Customer he shall hold the goods for the Company and shall store the goods in such a manner as they are readily identifiable as the property of the Company.
Should payment of the amount owing under Contract not be made when due, Green Monkey AV Ltd reserves the right to remove and repossess the goods (and for that purpose shall be entitled to enter upon premises occupied by the buyer) in addition to exercising such other rights or remedies as may be conferred by law.
Law and Jurisdiction
The Laws of England shall govern the validity, construction and performance of the Contract and these Conditions and each of the parties hereby agree to submit to the jurisdiction of the English Courts.
These conditions shall supersede all earlier conditions of the Company and shall take precedence over any conditions of the Customer and shall not be varied without the written consent of a Director of the Company.