Terms & Conditions

Conditions of Sale

Definitions in these Terms and Conditions the following words shall have attributed to them the meanings specified. Hadwell & Jones shall mean the trading names River Recordings Ltd , whose principal place of business and registered office is at 6 Belvedere Business Park, Crabtree Manorway South, Belvedere, Kent DA17 6AH. ‘Customer’ shall mean the person, company or any other body that purchases or agrees to purchase Goods whether a Consumer Trade Customer or ‘Goods’ shall mean all goods and services which the Customer agrees to buy from Hadwell & Jones including replacements for defective Goods, hardware documentation and software products licensed for use by the Customer. ‘Contract’ shall mean the Contract between Hadwell & Jones and the Customer for the sale of Goods by Hadwell & Jones to the Customer. ‘Catalogue’ shall mean any published promotional material produced by Hadwell & Jones. ‘Working Days’ shall mean Monday to Friday inclusive but exclusive of Bank Holidays. ‘Customer’s Registered Address’ shall mean the address of the Customer that is already registered with Hadwell & Jones or the address registered with the issuing company of any debit or credit card which is used as a means of payment for Goods.

River Recordings Limited
Unit 6
Belvedere Business Park
Crabtree Manorway South
Belvedere
Kent DA17 6AH
Company No. GB702 1477 70
Incorporated 12th May 1995

General

All orders for Goods are accepted by Hadwell & Jones subject to these terms and conditions of sale, which supersede any other terms, and conditions previously published. These constitute the entire understanding between Hadwell & Jones and the Customer for the sale of Goods. Hadwell & Jones accepts responsibility under these terms and conditions for its commitments to the consumer; Hadwell & Jones also accepts responsibility by its duly authorised agents. All descriptions and illustrations contained in the Catalogue or any price list or otherwise communicated to the Customer are correct at the time of publication, errors and omissions excepted. Any substitute products that are supplied, and found not to be suitable will be collected at Hadwell & Joness expense. Contact Customer Service to arrange for the goods to be returned. Goods will be supplied based on any information provided by the customer. Any Catalogue published by Hadwell & Jones is an invitation to treat and not an offer to supply. Subject to conditions any advice or recommendation given by Hadwell & Jones or its employees or agents to the Customer dealing as a Trade Customer as to the storage, application or use of the Goods is followed or acted upon entirely at the Trade Customers own risk (except in the case of manifest error, gross negligence or contractual misrepresentation by Hadwell & Jones). These Conditions shall not apply to any ‘Customer’ purchasing ‘Goods’ as a ‘Consumer’.

Prices

All prices for the Goods are in pounds Sterling and subject to Value Added Tax (“VAT”) at the relevant rate ruling on the date of despatch and do not include the cost of carriage, packaging or other charges which becomes payable under any contract with Hadwell & Jones. Prior to the conclusion of the contract Hadwell & Jones will inform the customer the total amount to be debited. Whilst every endeavour will be made to maintain the prices in the catalogue Hadwell & Jones reserves the right to alter prices at any time. Prior to the conclusion of the contract Hadwell & Jones will inform the customer the total amount to be debited. Any change in price will be communicated to the customer at the time of ordering. Prior to the conclusion of the contract Hadwell & Jones will inform the customer the total amount to be debited.

Orders

Where possible orders should be made using Hadwell & Jones order codes and a Customer number. Written confirmation is not required for a trade customer telephone order, but if the Trade Customer sends written confirmation such confirmation must be marked ‘Confirmation Only’ so as to avoid liability for a duplicated delivery. Any resulting duplication of delivery shall be the responsibility of the Trade Customer. Hadwell & Jones reserves the right to deliver part orders, or hold orders until all items are available, as required. Credit cards are charged for all orders at the point of order confirmation request. Payment received does not constitute a contract of sale but a confirmation of an order request. Only one mail order handling charge will be levied (if applicable) in respect of the total order. If any goods are not in stock the customer will be informed and will be offered the option to continue to await delivery or offered a refund or an alternative product. In the event of unwanted Goods please refer to ‘Warranty and Returns’. In the event of the Customer cancelling part of an order Hadwell & Jones reserves the right to charge the Customer for any difference in the selling price applicable to the quantity despatched up to the time of cancellation and the total price of the original order. Hadwell & Jones reserves the right to decline to trade with any person or organisation. In addition, and notwithstanding any other provisions of these conditions of sale, Hadwell & Jones may decline to accept any order, by giving notice of non-acceptance to the Customer by email, facsimile or telephone within 24 hours (excluding weekends and public holidays) of receipt by Hadwell & Jones of an order. In the event that Hadwell & Jones declines to accept an order in respect of which payment has been received, the full amount of such payment will be refunded. All returned goods will need an authorised returns number before you send anything back to us. Goods delivered without authorised returns numbers clearly marked on the outside of the package will be refused.

We cannot cancel your purchase when:

you return your product to our warehouse without a valid RMA authorisation number clearly displayed on the outer packaging.
if we have undertaken a duplication or printing order.
the seal has been broken on any packaging.
the goods were a special order or a custom built item to your specification. ‘Special order’ goods are ordered on request by Hadwell & Jones especially for a specific order and our goods not normally held in stock.

Credit Account Orders

Telephone orders to be charged to a Credit Account held by a Trade Customer with Hadwell & Jones will only be accepted with an official purchase order number and receipt of a faxed copy of the purchase order. Trade Customers wishing to purchase Goods on account at a Hadwell & Jones store will be required to provide a written purchase order containing the Hadwell & Jones trade account number. Such reserved products must be collected within 5 working days from notification of goods arriving in Store, failing which Hadwell & Jones will charge the Customer a restocking fee. Credit account customers are charged a minimum of ?12 (excluding VAT) delivery charge per order. Please note that this applies to England, Wales and Southern Scotland customers only.

Postage & Packing Charges

Orders over £99 (excluding VAT) are delivered FREE-OF-CHARGE. Credit account customers are charges a minimum of £12 (excluding VAT) delivery charge per order. Please note that this applies to England, Wales and Southern Scotland customers only. If your country is not listed in the delivery menu in the check out section then please call 020 8311 7077 for a quotation.

Payments

Payment shall be made by the Customer for all monies owed to Hadwell & Jones in respect of orders placed for Goods. Payment shall be made at the time that the order is placed. Payment may be made by, and is acceptable by, cash, cheque or major credit and debit cards: (Switch, MasterCard, Visa and American Express). Cheques and Postal Orders must be made payable to “Hadwell & Jones” and crossed “payee only”. Credit terms are available to Trade Customers on request and subject to status, satisfactory references and acceptable trading history with Hadwell & Jones. Payment is due by the end of the agreed credit term from the invoice date without any deductions. If the Credit Customer fails to make any payment on the due date, then, without prejudice to any other right or remedy available to Hadwell & Jones,

Hadwell & Jones shall be entitled to:

Cancel the order and suspend further deliveries of Goods
Appropriate any payments made by the Customer to such of the Goods (or Goods supplied under any other order) as Hadwell & Jones may think fit.
Charge an administration fee for any legal or other collection processes required to recover all monies due.
Charge interest on the unpaid amount from the due date in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

Ownership and Risk

The risk of damage to or loss of Goods ordered from Hadwell & Jones will pass to the Customer when the goods are delivered. The following conditions shall not apply to any Consumer. Until property in the Goods passes to the Customer, the Customer shall hold the Goods and each of them on a fiduciary basis as bailee for Hadwell & Jones. The Customer shall store the Goods (at no cost to Hadwell & Jones) separately from all other Goods in its possession and marked in such a way that they are clearly identified as Hadwell & Jones property. Notwithstanding that the Goods (or any part of them) remain the property of Hadwell & Jones the Customer may sell or use the Goods in the ordinary course of the Customer’s business at full market value for the account of Hadwell & Jones. Any such sale or dealing shall be a sale or use of Hadwell & Jones property by the Customer on the Customer’s own behalf and the Customer shall deal as principal when making such sales or dealings. Until property of the Goods passes from Hadwell & Jones the entire proceeds of sale or otherwise of the Goods shall be held in trust for Hadwell & Jones and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as Hadwell & Jones money. Hadwell & Jones shall be entitled to recover the price of the Goods (including VAT and all other monies due to Hadwell & Jones from the Customer) notwithstanding that property in any of the Goods has not passed from Hadwell & Jones.
Until such time as the property in the Goods passes from Hadwell & Jones, the Customer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to Hadwell & Jones. If the Customer fails to return Goods, Hadwell & Jones may apply to enter any premises owned occupied or controlled by the Customer where the Goods are situated and repossess the Goods. On the making of such request to deliver up the rights of the Customer contained in the preceding Condition shall cease. The Customer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods that are the property of Hadwell & Jones. Without prejudice to the other rights of Hadwell & Jones, if the Customer does so all sums whatever owing by the Customer shall forthwith become due and payable. The Trade Customer shall insure and keep insured the Goods to the full value against ‘all risks’ to the reasonable satisfaction of Hadwell & Jones until the date that property in the Goods passes from Hadwell & Jones and shall, whenever requested by Hadwell & Jones, produce a copy of the policy of insurance and evidence of payment of premium. Without prejudice to the other rights of Hadwell & Jones, if the Customer fails to pay any sums whatever owing by the Customer on the due date, all sums due to Hadwell & Jones shall forthwith become due and payable.

Delivery

Orders over £99 (excluding VAT) are delivered FREE-OF-CHARGE for non credit account customers. Credit account customers are charged a minimum of £12 (excluding VAT) delivery charge per order. Please note that this applies to England, Wales and Southern Scotland customers only. If your country is not listed in the delivery menu in the check out section then please call 020 8311 7077 for a quotation. Same day despatch is normally achieved provided the order has been received by Hadwell & Jones before 3.00 pm during Working Days and if the items ordered are in stock at time of order. This provision does not apply to Goods requiring special modification (e.g. calibration, kits etc.) and orders which are too large to be despatched by Hadwell & Jones contracted carrier.

Courier Delivery

All items over will be despatched where reasonably practicable the same working day as the order is received by Hadwell & Jones by courier and normally delivered within three (3) working days.

Guaranteed Next Day Delivery

All confirmed ordered will be despatched where reasonably practicable the same working day as the order is received by Hadwell & Jones by courier and normally delivered within three working days.

Export

Carriage will be charged on orders involving Export at the appropriate rate prevailing at the date of despatch. Prior to the conclusion of the contract Hadwell & Jones will inform the customer the total amount to be debited. The Customer is responsible at their own expense to obtain any import or export license or any other documentation deemed necessary by any compliant authority.

Transit Delays and Non-Delivery

Order Cancellations

In the event of cancellation of part of an order by the Trade Customer Hadwell & Jones reserves the right to invoice for any difference in selling price applicable to the quantity despatched up to the time of cancellation plus a restocking charge. Orders where goods have been specifically ordered for Trade Customer requirements (schedule and non-stock items) cannot be cancelled.

General Descriptive Matter

All descriptions and illustrations contained in the Catalogue or any price list or otherwise communicated to the Customer are correct at the time of publication (errors and omissions excepted). If the description of any Goods which are not directly manufactured by Hadwell & Jones contained in any correspondence, invoice or the current Catalogue varies from that of the manufacturer’s description, then the manufacturer’s description will be deemed to be the correct description and shall take precedence over the description assigned by Hadwell & Jones. The updated and complete manufacturer’s description is available from Hadwell & Jones on request before any order is placed. In the event of any material change to any description of goods since the date of publication of the last catalogue by Hadwell & Jones, Hadwell & Jones will advise the Customer of the revised description prior to any order being accepted by Hadwell & Jones. Hadwell & Jones reserves the right without prior notice to discontinue any Goods or to make design changes as part of a continuous programme of improvement or to assist availability.

Product Performance

The responsibility for ensuring that Goods are sufficient and suitable for the Customer’s requirements rests with the Customer.

Quality Assurance

Hadwell & Jones is committed to providing our customers with the highest quality products at competitive rates. At Hadwell & Jones the customer is always our priority. All our orders and enquiries are handled personally by our fully trained staff, and if you are ever in doubt about the progress of your order please contact our customer services team for more information. While we are constantly striving to offer the products and services that we feel you, the customer needs, if there is anything you require that you don’t see offered let us know and if we can, we will supply it. Competitive pricing is important to us, however if you do see products offered cheaper elsewhere we would at least price match, and where possible we will beat the advertised price.

Copyrights, Patents, Intellectual Property & Information

Goods referred to in any Hadwell & Jones Catalogue, correspondence or invoice may be subject to a patent, trademark, registered design, copyright, topography right or other right of a third party. Hadwell & Jones owns full copyright in respect of any Catalogue whether published in paper or electronic form. The reproduction, storage in a retrieval system, or transmission, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, in part or in whole, is prohibited without the prior written consent of Hadwell & Jones. Notwithstanding any other term of these conditions of sale, title in any software program that forms part of the Goods purchased is retained by Hadwell & Jones and will not pass to the Customer. Such software programs may only be used by the Customer and a revocable non-exclusive licence is hereby granted for the sole use of the Customer (so far as Hadwell & Jones are able to grant such licence) and any software must not be copied or altered or otherwise modified in any way. Where any designs or specifications have been supplied by the Customer for manufacture of Goods by Hadwell & Jones the Customer warrants that the use of such designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party and the Customer shall indemnify Hadwell & Jones against all costs claims and demands of whatsoever nature arising out of the use of such designs or specifications.

Data Protection

By placing an order with Hadwell & Jones the Customer agrees to data relating to the transaction being retained and processed by Hadwell & Jones in accordance with the Data Protection Act 1998 or any statutory modification thereof. The data so retained will be used by Hadwell & Jones for the purpose of accounting and marketing and will not be disclosed to any third party without the previous consent in writing of the Customer. Hadwell & Jones may send to the Customer details of other Goods and services offered by Hadwell & Jones that Hadwell & Jones might consider to be of interest to the Customer. If the Customer does not wish to receive details of these offers then they should contact Hadwell & Jones either in writing to, 6 Belvedere Business Park, Crabtree Manorway South, Belvedere, Kent DA17 6AH, by facsimile on 020 8311 7017, by telephone on 020 8311 7077 requesting that data is removed from the marketing database. Hadwell & Jones subscribes to the data protection principles as laid down by the Information Commissioner and all data is held securely. The Customer may, by writing to the Customer Service Department of Hadwell & Jones, request that all data relating to him, her or it should be deleted from its records. Customers may also, in accordance with the provisions of the Data Protection Act 1998, obtain copies of such data that is held in respect of them by Hadwell & Jones. For Trade Customers Hadwell & Jones will also retain and process information in its capacity of a credit reference agency. Telephone calls and e-mails to Hadwell & Jones may be recorded or monitored for the purposes of security training and quality assurance.

Limitation of Liability

The Customer will be responsible for ensuring the fitness for purpose of the Goods for the Customer’s application unless the purpose is previously notified to Hadwell & Jones. To the extent permitted by law, Hadwell & Jones accepts no liability whatsoever or howsoever arising in respect of loss, damage or expense arising from errors in information or advice provided whether or not due to Hadwell & Jones’s negligence or that of its employees, agents or sub-contractors save for any loss or damage arising from death or personal injury. To the extent permitted by law, Hadwell & Jones shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of any Contract with the Customer, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Hadwell & Jones, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer. The entire liability of Hadwell & Jones under or in connection with the Contract with the Customer shall not exceed the price of the Goods except as expressly provided in these terms and conditions.

Force Majeure

Hadwell & Jones shall not be liable to the Customer or deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform, any obligations of Hadwell & Jones in relation to the Goods, provided that the delay or failure was due to any cause beyond reasonable control of Hadwell & Jones. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond reasonable control of Hadwell & Jones: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Hadwell & Jones or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.

Law

All contracts between Hadwell & Jones and the Customer shall be governed by and interpreted in accordance with English Law and both Hadwell & Jones and the Customer submits to the exclusive jurisdiction of any competent Court in the United Kingdom.

Consumer Protection

Nothing contained herein shall affect a Consumer’s rights under the Unfair Contract Terms Act 1977 or any regulations made under it including the Unfair Terms in Consumer Contracts Regulations 1994.

Insolvency

If the Customer fails to make payment for the Goods in accordance with these Terms and Conditions or permits any other breach of any contract for sale or if any distress or execution shall be levied upon any of the Customers goods or if the Customer offers to make any arrangement with its creditors or if any petition in bankruptcy is presented against the Customer or the Customer is unable to pay its debts as they fall due or if any petition in bankruptcy is presented against the Customer or if being a limited company any resolution or petition to wind up the Customer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a Receiver, Administrative Receiver or Manager shall be appointed over the whole or any part of the Customer’s business or assets or if any petition for the appointment of any administrator is presented against the Customer or if the Customer shall suffer any actions or proceedings under foreign law all sums outstanding in respect of the Goods shall become payable immediately. Hadwell & Jones may in its absolute discretion and without prejudice to any other rights which it may have suspend all future deliveries of Goods to the Trade Customer and/or terminate any contract without liability upon its part; and/or exercise any of its rights pursuant to this Terms and Conditions.

Headings

All headings in these Terms and Conditions are for ease of reference only and shall not affect the construction of any contract between Hadwell & Jones and a Customer.

Severance

Any provision of any contract with Hadwell & Jones which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of any Contract.

Waiver

No waiver or forbearance by Hadwell & Jones (whether expressed or implied) in enforcing any of its rights under any contract shall prejudice its right to do so in the future.

Rights of Third Parties

For the purposes of the Contracts (Rights of Third Parties) Act 1999 it is agreed by Hadwell & Jones and the Customer that nothing in any contract shall confer on any third party any right to enforce or any benefit of any term of any contract that may be concluded by them.