Terms and Conditions
Polar Audio Ltd T/A POLAR
All orders that are accepted are subject to the following express terms and conditions. No alterations shall apply unless specifically agreed in writing between POLAR and the customer.
POLAR’s pricing of products and services are as set out on POLAR’s website which are current at the date of dispatch. All prices exclude VAT, which POLAR will add at the rate applicable at the date of dispatch. POLAR will try to maintain the prices as quoted, however, POLAR reserves the right to change them without prior notice at any time before acceptance.
All orders are accepted for execution at prices current at date of order. Orders sent in confirmation of telephoned instructions should be clearly marked "CONFIRMATION" otherwise POLAR will accept no responsibility for duplication of dispatch. In the event of such duplication, orders will be accepted back for credit, provided all product packing remains unopened and goods are received by POLAR in "as new" condition, but will be subject to a standard returned goods handling charge of 15%. A higher charge may be made if product packaging is opened.
4. Order Amendments
The Customer may not amend orders accepted by POLAR. Any amendments of an order will only be accepted on written agreement with POLAR, the terms of which will indemnify POLAR against any expense incurred by POLAR.
We reserve the right to charge for carriage on any orders (including spare parts / service returns), or for any express deliveries.
Cancellation of an order may be accepted or refused at the discretion of POLAR and any such acceptance shall be subject to payment by the Purchaser of a cancellation charge. All requests regarding cancellation must be in writing.
7. Scheduled Orders
Where orders are placed by the Purchaser and accepted by POLAR, for delivery in more than one consignment in a period not exceeding six months then the best rate available will be applied to all the deliveries. Such discount rates as are applicable shall be notified to the Purchaser at the appropriate time. If the order is at any time reduced or cancelled, and if this reduction or cancellation is such that it brings the Purchaser's order below the discount rate applicable to the larger order, then POLAR reserves the right to issue a supplementary invoice reflecting the reduced rate of discount applicable to the actual quantity taken.
8. Dispatch Dates
Any times quoted for dispatch are to be treated as estimates only. Whilst every endeavor will be made to meet these estimated times of dispatch, POLAR shall not be liable for failure to dispatch within the time quoted.
9. Terms of Payment
Where credit terms are allowed, terms of payment are strictly net and payable by 30 days after date of invoice. If shipments are made in instalments, each instalment shall be separately invoiced and paid for when due, without regard to other shipments. When a Purchaser's account exceeds POLAR's payment terms, POLAR reserves the right to charge interest at 4% over current base rate on any outstanding balance.
10. Retention of Title Clause
The risk in the products shall pass to the purchaser on delivery.
Notwithstanding delivery and the passing of risk, POLAR shall remain the sole legal and beneficial owner of the products which it supplies to the purchaser pursuant to any contract until:
a) the purchaser has paid for those products in full; and also
b) Payment in full to POLAR of all sums, including interest charges, due to POLAR from the purchaser for any reason whatsoever at the time of payment for the products which are the subject of that contract has been affected.
Notwithstanding any purported appropriation to the contrary, POLAR shall be entitled to appropriate any payment or payments for products made by the purchaser to POLAR to such products and accounts as it shall deem fit.
11. Name change
POLAR must be informed within 7 days of any intended change to your company name and I or trading title.
In the case of defect or faulty workmanship in products supplied by POLAR, the Purchaser's remedy against POLAR shall be limited to a period no longer than 12 months from the date of purchase. We reserve the right to repair, replace, or give credit of the value of the purchase price at our option. All items that are the subject of a warranty claim must be returned freight prepaid to our Burgess Hills office, with details of the invoice covering the purchase and a description of the problem. POLAR restricts its warranty liability to the repair of the goods supplied and no responsibility will be accepted for any consequential loss.
13. Damage or Loss in Transition
Any damage to goods in transit should be notified to POLAR in writing within 24 hours of receipt. Packing and contents should be held for inspection. If the Purchaser does not receive the goods within four (4) days of the date of invoice, POLAR must be informed immediately in writing.
14. Acceptance of goods
The Purchaser must inform POLAR in writing within 24 hours of receipt of goods of any discrepancy or damage. POLAR will not be liable for rectifying any such discrepancy or damage if notification is made more than 24 hours after delivery.
15. Return of goods
Goods correctly supplied in accordance with a Purchaser's instructions should not be returned without POLAR's written consent. A returned goods handling charge of 15% will be made. Where goods are alleged to not be in conformance with the published specification, full details must be given in writing. In no circumstances will goods that have been used be considered for credit. Our completed returns form must accompany any goods returned to POLAR otherwise no action will be taken.
16. Specifications of Products
Whilst specifications are believed to be correct at time of going to press, all products and product ranges are subject to the manufacturer's policies of "continuous improvement" and are liable to alteration without notice.
17. Force Majeure
POLAR shall not be liable for any delay in or failure to perform any of its obligations hereunder if the delay or failure is caused by circumstances outside the reasonable control of POLAR.
18. Legal Construction
These conditions and the contract to which this document relates, shall in all respects be constructed and operate in accordance with English Law. These conditions do not reduce or diminish any statutory rights or duties under the Sale of Goods Act (1979) and Supply of Goods and Services Act (1982) or Common law rights of either party. English Law shall govern all contracts concluded with POLAR Ltd.
E & OE - ERRORS AND OMISSIONS EXCEPTED