In these terms and conditions (the "conditions") the "Company" shall mean CASIO ELECTRONICS CO. LIMITED, the "Buyer" shall mean any person, company or other organisation who is placing an order with the Company and the "Products" shall mean any item and/or service which is to be sold and/or supplied by the Company to the Buyer and for the avoidance of doubt shall include software applications sold by the Company.
These conditions contained herein shall constitute the entire agreement between the Company and the Buyer. Any provisions of the Buyers order, which is inconsistent with these conditions, shall have no effect unless confirmed in writing by the Company.
For the avoidance of doubt, the Buyer acknowledges that having entered into this contract to which these conditions apply; it is not and will not hold itself out as a distributor or an agent of the Company.
All orders made to the Company shall be made pursuant to this contract and pursuant to these conditions.
Any cancellation of orders by the Buyer must be sent in writing and agreed by the Company in writing prior to the Company dispatching the Products. The dispatch of the Products will be made as soon as reasonably practicable when the Products become available.
All Products are subject to availability. The Company pending availability of such Products will hold an order for Products, which are not available at the time, but has been accepted by the Company. Substitutes or replacements will be offered or advised accordingly.
The Company operates a policy of continual improvement of the Products, which may result in a change to the model of a Product. Any changes made will be notified to the Buyer prior to delivery so far as the Company is able to do so.
Unless fixed prices have been expressly agreed and confirmed in writing by the Company, the price payable by the Buyer shall be the Company's price prevailing at the date of purchase.
Any expedited delivery or other special packaging requirements shall be charged extra.
All prices are inclusive of VAT, where applicable.
If the Company incurs any costs (including, but not limited to storage costs) as a result of the Buyers negligence and/or default, the Buyer will be responsible for any cost incurred by the Company.
Dates or periods for delivery are approximate only and time shall not be of the essence in relation to them. If delivery is refused by the Buyer, the Company may charge any costs incurred by the Company as a result of such refusal (including costs incurred in storing the Products and due to any attempted delivery).
The Company may deliver the Products in instalments and shall not be liable for any delay in delivery or failure to make delivery of the Products due to any circumstances beyond its control and/or as a result of the Buyer failing to grant access to the Buyers premises on the confirmed delivery date.
Delivery shall be deemed to take place:
In the case of Products to be collected from the Company's premises, at the time of having completed the loading of the Products onto the vehicle collecting them; or
When the Products are to be delivered by the Company's transport (including any independent carrier engaged by the Company), at the moment the Products are lifted from the delivery vehicle at the confirmed point of delivery; or
When a software application is first made available for use by the Buyer.
Goods will be dispatched via the Royal Mail or a suitable carrier chosen by Casio Electronics.
Shortages or damage in transit on non delivery
The Buyer must examine the Products immediately on delivery. The Company reserves the right to reject any claims in respect of shortages or damage in transit or non-delivery of the Products unless the same are submitted in writing to and accepted by the Company within 14 days after delivery of the Products, or in the case of non-delivery 14 days after the Invoice Date.
Title and risk
Property in the Products shall not pass to the Buyer until the Buyer has paid all monies owed by it to the Company under this contract and all other accounts due from the Buyer to the Company.
Description and fitness for purpose
Every effort is made to ensure that the Products are described reasonably accurately and are reasonably fit for the purpose and application stated in the Company catalogues or other documents but the Company accepts no responsibility for any loss or damage arising from variations in the description in its catalogues or other documents.
Access to buyer's technology systems
In the case of the provision of software applications, the Buyer shall provide such remote access to the Buyer's technology systems as may be reasonably required to allow the Company (or any third party owner of the software application) to provide both updates and fault diagnostics.
Limitation of liability
The liability of the Company in respect of any claim (other than in respect of death or personal injury resulting from the negligence of the Company and/or its agents) shall not in any event exceed the order price of the Products. The prices for the Products have been quoted on the basis of this limitation. The Company is prepared to accept reasonably greater levels of liability by agreement with the Buyer but any increase shall be limited to the retail price of the Products multiplied by (3).
The Company will not in any event be liable for any indirect or consequential loss or damage suffered or incurred by the Buyer (including without limitation loss of production, loss of profit or liability to third parties) arising out of any claim (other than in respect of death or personal injury resulting from the negligence of the Company and/or its agents but including the deletion of data as a result of malfunction or loss of availability any Product with data storage functions or services).
In the event of any cause beyond the control of the Company (including war, rebellion, revolution, strikes, lockouts, breakdown of plant or government/or other regulations, rules, laws or decrees and loss of supply of data storage and processing capability from a third party supplier to the Company whether due to insolvency, cessation of business or any other reason) preventing or hindering it from carrying out its obligations under this contract, it will not accept any liability for any loss or damage resulting thereof and shall be entitled by notice in writing to the Buyer either to cancel this contract or any order made by the Buyer pursuant to this contract or to extend the time or times of delivery.
The Company warrants that any Product bearing the "CASIO" trade mark, (but excluding the batteries where relevant) shall be of satisfactory quality and of reasonable fitness for its intended purpose for the period of one year from the date of delivery and shall, during this period, be repaired or replaced (with the same or similar model), at our option, free of charge, if there is any breach of warranty under this sub clause. This warranty does not cover defects arising from accidental damage, misuse or wear and tear. This warranty applies to all Products bearing the "CASIO" trademark purchased and use in the EC.
Where the Company warrants the life of a battery, the life of the battery shall be calculated from the date the battery was fitted in the Product and not at the date of delivery of the Product.
In relation to software applications owned by a third party, the buyer acknowledges that the company has no rights in relation to the underlying intellectual property rights in such software application. In the event of a claim that such software application infringes the rights of another party, the Company may be required to terminate the Buyer's ongoing access to such application.
Repairs or replacement of product
Any defective Products, which can be repaired or replaced under a breach of warranty, should be returned to the Company. The Buyer claiming under a breach of warranty must, on returning the Products, supply copies of each of the contract and purchase order (where applicable) and a brief description of the nature of the fault. In the event that a Product is returned for repairs for the same fault a second time, the Buyer must notify in writing the CASIO repair reference quoted in the paperwork provided in the previous paperwork.
The Company shall not be liable for any claim for repair or adjustment of a Product if the fault is caused by improper repair or adjustment made by anyone other than an employee of the Company.
The Buyer shall be responsible to ensure that any Product returned for repair or adjustment is insured. The Company shall not be liable for any Product that is lost in transit to the Company.
The Company may at its discretion provide an estimate of repair costs where such estimates are required for insurance purposes provided the Buyer notifies the Company in writing of this request.
If the Company is no longer permitted by law to provide ongoing access to a software application to the Buyer, the Company shall use its reasonable endeavours either to provide, or to procure from the underlying owner of the intellectual property rights in such application, an alternative application meeting the same or materially similar functional specification. If such an alternative cannot be sourced, then the Company shall be entitled to withdraw such access on giving not less than three months' prior written notice.
The Buyer shall not make any representations or do any act, which may be taken to indicate that it has or that it will receive any right, title or interest in the ownership or the use of any of the intellectual property rights owned by the Company (or in the case of a software application not owned by the Company, that third party), including in particular, the "CASIO" trademark.
The Buyer shall not alter remove or tamper with any of the Company's trademark, which are affixed in any way to the Products or packaging.
This contract shall be governed by and construed in accordance with English Law.
Please note that with the exception of faulty merchandise, we cannot accept the return of items, which have been opened or used. This does not affect your statutory rights.