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Definitions 7.9 A.U.T. Direct Ltd is not always obliged to give refunds, and do so at our own discretion. 7.10 If a returned item requires testing, adequate time must be given to carry this out. 7.11 Due to the amount of varied components available today AUT Direct Ltd cannot guarantee compatibility between all items sold. Therefore items returned due to incompatibility may incur a handling charge. Scope of Contract Under no circumstances shall the Company have any liability of whatever kind for: 8.1 Any defects resulting from wear and tear, accident, improper use by the Customer or use by the Customer except in accordance with the instructions or advice of the Company or the manufacturer of any Goods or Services or neglect or from any instructions or materials provided by the Customer 8.2 Any Goods or Services which have been adjusted, modified or repaired except by the Company 8.3 The suitability of any Goods or Services for any particular purpose or use under specific conditions whether or not the purpose or conditions were known or communicated to the Company 8.4 Any descriptions, illustrations, specifications, figures as to performance, drawings and particulars of weights and dimensions submitted by the Company contained in the Company's catalogues, price lists, websites or elsewhere since they are merely intended to represent a general idea of the Goods or Services and not to form part of the contract or to be treated as representations 8.5 Any technical information, recommendations, statements or advice furnished by the Company its servants or agents not given in writing in response to a specific written request from the Customer before the Contract is made. 8.6 Any variations in the quantities or dimension of any Goods or Services or changes of their specifications or substitution of any materials or components: If the variation or substitution does not materially effect the characteristics of the Goods or services, and the substituted materials or components are of a quality equal or superior to those originally specified. Products 9.1 Specifications of products are subject to change without notice. Software 10.1 No opened software will be replaced or refunded. 10.2 All OEM software sold separately is sold on the basis that it is to be used with a new machine. If this is not the case OEM software must be bought in conjunction with a piece of Computer Hardware. General 11.1 Goods are not sold on trial basis. 11.2 We do not warrant the suitability of goods for a particular purpose, and specifications must be checked with the manufacturer before ordering. 11.3 Goods offered subject to being unsold. In the event of nonavailability of goods, we reserve the right to rescind contract. Customer Rights 12.1 The customer has the right to cancel an order within 7 days from which it was received providing it is un-opened and un-used. Force Majeure 13.1 The Company shall not be liable for any act or omission arising which shall render performance of the contract impossible or shall in any way have the affect of frustrating the common cause where such where such act of omission is beyond the control of either the company of the customer was not reasonably foreseeable by them. Such acts of omissions shall have the affect of automatically terminating the contract Law and Jurisdiction 14.1 These Terms and Conditions shall in all respects be construed and interpreted in accordance with the Law of Contract in England and Wales notwithstanding the effect of the law of the European Union. Where the Company and the Customer have contracted to perform in England and Wales or Scotland the competent Court of Jurisdiction shall be the High Court of England and Wales. Where the Customer is resident In the European Union or EFTA, the Company may at its absolute discretion nominate the Court of the Customer's member state to be the Court of competent jurisdiction under the Brussels Convention. Where the Customer is resident elsewhere the Company shall possess the absolute discretion as to the competent court or jurisdiction.
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