tm

Postal address 642 Sutton Road, Southend-on-Sea, Essex, England, SS2 5PU
Telephone +44 01702 343717 (WITHIN/OUTSIDE OFFICE HOURS)
FAX +44 01702 332933 (WITHIN/OUTSIDE OFFICE HOURS)
Electronic mail Webmaster: discountcdrom@mcmail.com

Heat & Eat (Southend) Limited T/A, Incorporated in England & Wales in 1988
Registration No.2273600 * VAT Registration No. GB 507 3012 90 Date of this Price List: September 26 1998

Tel 01702 460560 Fax 01702 460101
ANSWERPHONE SERVICE OUTSIDE OF OFFICE HOURS.

TERMS & CONDITIONS

1. No question of damage or short delivery will be entertained unless made at the time of delivery. Nor does Discount CD-Rom operate a "sale or return" policy. A restocking fee of £10 will be charged for orders refused or returned without a valid reason.

2. Discount CD-Rom, henceforth the Company, will endeavour to maintain all prices, but it reserves the right to alter prices depending on our supplier's price, and exchange rates.

3. The products supplied to the customer shall be of merchantable quality and conform to the description. However the customer may return defective products to the Company if such returns are made within seven days of delivery and prior notification has been given in writing. Reimbursement of any payment shall only be made when and after the product has been examined/tested, and found to be defective otherwise the goods shall be returned to the customer. Any request to return products that are outside of the criteria above shall be handled at the Company's discretion.

4. Reservation of Title: The ownership of the goods shall not pass to the customer until full transfer of payment of purchase price, but the risk shall pass on delivery. The benefit or proceeds of any dealings with the goods, by the customer in contravention of the reservation of property rights shall be held in trust for us. This is deemed agreed upon placing an order and is an irrevocable condition of placing an order with the Company.

5. Until title has passed to the customer:

i. The customer shall hold the products as a fiduciary bailee for the Company and shall be required to store it separately and keep it identifiable as the property of the Company who shall have the right to have access to the products for the purpose of repossession thereof.

ii. The Company shall have the right to trace the proceeds of any resale of such products made by the customer.

iii. Risk in the products shall pass to the buyer when the products are delivered.

6. While the products remain in the possession of the customer but the property of Discount CD-Rom the customer shall insure the products for the benefit of the Company against damage and loss by fire, theft and other risks usually insured against.

7. The Company reserves the right to charge a fee for re-presented cheques and other bank charges incurred as a result of incomplete payments. And further more may terminate supplies or require prepayment.

8. The Company shall not be liable or deemed to be in breach of contract by reason of any delay or any failure in performing any of the Company's obligations in relation to the products if the delay or failure is due to any cause outside of the Company's reasonable control.

9. All products are sold by the description contained within, or set out on the packaging of the products, and/or supplied by the their manufacturer and/or importer. No warranty is given as to whether the goods are new, we buy from brokers, agents and liquidators and rely on their assurances. The suitability or validity of a product used outside of the manufacturers terms of license are at the entire risk of the customer. Any further representations, advice or recommendations of the Company's staff as to the choice, suitability or description of the products are given without authorisation of the Company and are not to be relied upon by the customer unless previously confirmed in writing by the Company.

10. The Company reserves the right to refuse to make or complete any delivery if the customer has gone into liquidation or administration or has had a receiver appointed over all or any part of its assets or undertaking or has suffered a judgement to be executed against it. Or the bailiffs have placed a distrain for non-payment of rent or has ceased trading or if the Company has reasonable grounds to believe it will not be paid for the products ordered.

11. Save as provided above, the Company shall have no liability for any consequential loss arising out of delay, non-delivery or delivery not as ordered or for any defect in the products.

12. These Terms & Conditions shall supersede any and all previous terms & conditions and rescind any and all customer's terms & conditions and any conditions on purchase order unless agreed in writing beforehand. These Terms & Conditions shall be governed by and construed in accordance with English Law and any dispute in relation hereto shall be subject to the non-exclusive jurisdiction of the English Courts.