1 Definition
In these Conditions, the following words shall have the following meanings:
1.1 “Seller” means Broadcasters Warehouse whose registered office is at 35, Brompton Square, Knightsbridge, London, SW3 2AE UK.
1.2 “Buyer” means the person, firm or company placing an order with the Seller.
1.3 “Goods” mean those goods which are the subject of the Buyer’s order and which are to be supplied to the Buyer by the Seller under these Conditions.
1.4 “Contract” means the contract for the supply of Goods formed by the Seller’s acceptance of the Buyer’s order.
1.5 “VAT” means value-added tax.
1.6 “Website” means the Seller’s website at www.broadcasterswarehouse.com or such other URL as the Seller may from time to time determine and from which Goods may be ordered.

2 Formation of Contract
2.1 All Goods sold by the Seller are sold subject to these Conditions which shall govern the Contract to the exclusion of any other terms and shall be the sole terms and conditions of any sale by the Seller to the Buyer. No employee or agent of the Seller has the Seller’s authority to vary, amend or waive any of these Conditions on behalf of the Seller and no amendment or addition to any of them shall be deemed to have been accepted unless accepted in writing by the Seller.
2.2 The Seller’s employees or agents are not authorised to make any representation with regard to the subject matter of the Contract. In entering into the Contract the Buyer acknowledges that if it relies on any representation, advice or recommendation given by the Seller, its employees or agents to the Buyer as to the use of the Goods it does so entirely at the Buyer’s own risk.
2.3 All orders are accepted on the basis that they are from a bona fide trading entity or professional end-user. The Buyer acknowledges that the Seller’s products are unsuitable for domestic or retail applications and the Buyer accordingly undertakes to the Seller that it is a bona fide trading entity or professional end-user. The Buyer further acknowledges that the laws governing the Contract shall be those relating to business to business (rather than business to consumer) transactions unless judged otherwise by a court of competent jurisdiction.
3 Placing and Acceptance of Orders
3.1 Acceptance by the Seller of the Buyer’s order is in all cases subject to the availability of Goods for delivery, the correct price payable for the Goods being stated on the Buyer’s order and also to the meeting of certain other criteria, dependent upon the proposed payment method:
(a) for a new credit account order, acceptance is upon opening of the account which will be subject to the satisfactory checking of information provided by the Buyer as well as credit checks with a reputable credit reference agency in accordance with clause 3.6
(b) for an existing credit account order, acceptance is upon confirmation by the Seller;
(c) for a credit card order, acceptance is upon authorisation of the credit card for payment, by the issuer of the credit card; and
(d) for an order submitted via the Website, acceptance is upon the satisfying of (a), (b), or (c) above (as the case may be) plus the sending by the Seller of an order acceptance e-mail referred to in clause 3.2.
3.2 In the event that the Buyer submits an order for Goods via the Website, the Seller will confirm receipt of the Buyer’s order by sending an order acknowledgement e-mail to the Buyer as soon as possible after submission of the order. Receipt of this order acknowledgement e-mail signifies that the Seller has received the Buyer’s order but does not signify that the Seller has accepted the Buyer’s order. Acceptance of the Buyer’s order will be deemed when the Seller sends an order acceptance e-mail to the Buyer and the Buyer should not assume that the order has been accepted until such order acceptance e-mail has been received by the Buyer. There is no Contract in respect of the Goods until the Seller has sent an order acceptance e-mail that accepts the Buyer’s order.
3.3 All Contracts accepted by the Seller following the submission of an order via the Website shall be in the English language unless agreed otherwise between the parties.
3.4 Acceptance by the Seller of each of the Buyer’s orders brings into existence a separate legally binding contract between the Seller and the Buyer.
3.5 In the absence of any documentary evidence, acceptance is deemed to have been given by the Seller on delivery of the Goods to the Buyer’s address shown in the order.
3.6 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order and specification submitted by the Buyer and for checking and ensuring the accuracy of any order acknowledgement issued by the Seller. In submitting an order to the Seller, the Buyer agrees to the Seller’s checking of the information contained in the Buyer’s order as well as for credit checking with a reputable credit reference agency.
3.7 All specifications of the Goods are given by the Seller in the belief that they are as accurate as reasonably possible but are not to be treated as binding or as forming part of or incorporated by reference into the Contract.
3.8 Orders sent in confirmation of telephoned instructions should be clearly marked ‘CONFIRMATION’ otherwise the Seller will accept no responsibility for duplication of despatch.
4 Price of the Goods
4.1 The price payable for the Goods shall be as stated in the Seller’s price list current at the date of acceptance of the order, as set out on the Website (in the case of orders submitted via the Website only) or as set out in a quotation issued by the Seller to the Buyer relating to the Goods. All prices quoted are valid for 30 (thirty) days only or until earlier acceptance by the Buyer, after which they may be altered by the Seller without giving notice to the Buyer.
4.2 The Seller reserves the right by giving notice in writing to the Buyer at any time before delivery to increase the price for the Goods to reflect any increase in cost to the Seller which is beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuations, currency regulation, alteration of duties, a significant increase in the cost of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specification which is requested by the Buyer, or which is due to any failure by the Buyer to give the Seller adequate information or instructions.
4.3 The price of the Goods is exclusive of the cost of delivery, packaging, insurance, VAT, customs duties and all other taxes, duties and expenses in respect of the Goods, all of which shall be added to the price for the Buyer’s account unless otherwise stipulated in writing by the Seller.
4.4 The Seller shall be entitled to invoice the Buyer for an administration service charge where the value of the goods ordered falls below the minimum order value ruling at the date of order. This charge will be the difference between the value of the goods and the minimum order value ruling at the date of order.
4.5 The Seller shall be entitled to invoice the Buyer for the price of the Goods at any time following delivery of the Goods unless the Buyer wrongfully fails to take delivery of the Goods in which event the Seller shall be entitled to invoice the Buyer for the full amount at any time after the Seller has notified the Buyer that the Goods are ready for collection or (as the case may be) the Seller has tendered delivery of the Goods.
4.6 If delivery is made in instalments, each instalment may be separately invoiced, and if so, each such invoice shall be paid for when due, without regard to other instalments.
4.7 Information including prices payable for Goods on the Website is an “invitation to treat” and not a contractual offer from the Seller which the Buyer may accept. The Seller reserves the right to correct any errors in that information without any liability to the Buyer. In no circumstances will the Seller be contractually bound to supply the Buyer with Goods on the basis of any incorrect information, even if that information is repeated in the Buyer’s order.