The ‘Buyer’ means the person who buys or agrees to buy Goods from the Seller.
The ‘Seller’ means East Midlands Music Ltd, (EMM) or parent company Brass-Fix UK that handles all payments until further notice
‘Conditions’ means any Conditions of Sale expressed in this document and any special conditions which have been agreed in writing by the Seller.
These are the only conditions which apply to all sales of Goods by the Seller to the Buyer, unless agreed in writing by the Seller.
Acceptance of delivery of Goods will be understood as the Buyers acceptance of these Conditions without effecting any Statutory Rights.
The Price shall be as currently listed by the Seller (or as stated in a written quotation).
The Seller reserves the right to revise prices prior to despatch of Goods.
All Prices, charges for packing, postage and carriage are subject to VAT regulations.
Payment must be made in full before any Goods can be despatched.
All charges will be made in Pounds Sterling and any final currency conversion will be carried out by the processing bank.
4 SPECIAL ORDER ITEMS
Estimated delivery dates are shown on each special order item.
EMM will try to ensure this delivery date is upheld but supply times can vary due to situations out of our control and we cannot accept responsibility or offer any refunds in such scenarios.
5 POSTAGE/SHIPPING CHARGES
Shipping is free of charge to the UK and sent by Royal Mail 48 Service. Shipping outside of the UK are sent on International Priority service with Royal Mail. Shipping is set to £4.95 on each international order.
All new instruments are fully checked in our workshop before sale and come with 1 year’s manufacturer’s warranty.
If goods are found to be damaged or defective, we will at our option repair or replace the goods or refund the price paid.
The Seller may deliver by installments or select an alternative carrier without notice to the Buyer.
The Seller shall not be liable for any losses or expenses incurred from any failure to meet estimated delivery dates.
8 OWNERSHIP AND RISK
The risk in Goods passes to the Buyer on delivery of the Goods or on payment by the Buyer but kept at the Seller’s premises at the Buyer’s request.
The Seller remains the owner of the Goods until the Seller has been paid in full for such Goods.
The Buyer must inspect the Goods immediately upon receipt and notify the Seller within five days if the Goods are damaged or do not comply with the Contract. If the Buyer fails to do this he is deemed to have accepted the Goods.
Any Goods which are received defective or damaged must be kept together with the original packing at the Buyer’s risk until the Seller can inspect or collect the Goods or notify the Buyer to return the goods.
9 CANCELLATION AND RETURNS
No Contract shall be cancelled nor Goods returned without prior written approval of the Seller and on terms to be determined by the Seller.
Goods must be returned within 30 calendar days of a return being authorised. If outside of this date a restocking fee may be charged
The Seller reserves the right to make a handling and restocking charge on Goods which are returned if they were ordered in error or are no longer required.
10 FORCE MAJEURE
The Seller will not be under any liability in the event that the Seller is prevented or delayed from supplying any Goods by cause beyond the Seller’s control.
In the event of a dispute between the Buyer and the Seller, the Buyer agrees to submit the dispute to Arbitration as a legally binding alternative to Court action. These Conditions shall be construed in accordance with English Law.
EMM Company Registration No. 10350230 Brass-Fix UK VAT Registration No. 941 982 201