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1.
GENERAL
Quotations are made and all orders accepted subject to the following
conditions, notwithstanding anything which may be stated to the
contrary on the Buyer’s order form or in correspondence.
No terms and/or conditions which the Buyer may seek to impose
shall apply or have effect.
2. ORDERS
The Company reserves the right at any time to refuse orders and
cancel any incomplete orders or to suspend delivery, due to circumstances
outside its direct control. No contract shall arise between the
Company and the Buyers unless and until the Buyer has accepted
these Terms and Conditions either expressly in writing or verbally
or by implication. The Company may cancel this Agreement by giving
written notice in the event that:-
(i) any invoices for the sale of the Company goods are overdue
for payment.
(ii) the manufacture of the goods increases the price to the company.
(iii) for reasons beyond the control of the Company, it is unable
to effect delivery following termination of the manufacturers
goods; or
(i) it is unable to effect delivery due to insufficient supply
of goods from the manufacturer.
On giving such notice, the Company shall propmtly repay to the
Buyer any sums paid in respect of the price.
The Company shall not be liable for any loss or damage whatsoever
arising from such cancellation.
A charge of up to 40% of the order price will be made should the
Customer cancel the order without the written agreement of the
Company.
3. PRICES
The prices shown in our catalogues or price lists are those ruling
at the time of printing and are therefore subject to alteration
without notice. Goods will be invoiced at prices ruling at the
time of delivery. Quotations are made at current prices on an
ex-works, ex-VAT basis and are exclusive of the costs of packaging,
carriage, insurance and unloading. Quotations are for acceptance
within 7 days from the date of quotation and unless accepted within
that period will be deemed to have been withdrawn.
4. DELIVERY
The delivery period will commence on the receipt by the Company
of a written or verbal order, accompanied by sufficient information
to enable the Company to proceed with the order. The time for
delivery is an estimate only and the Company shall use its reasonable
endeavours to supply goods before the expected delivery date.
The place for delivery of the goods will be notified to the Company
by the Buyer. However the Company shall have no liability in the
respect of failure to deliver or perform or delay in delivery
of performing the obligations under this Agreement arising from
any cause whatsoever, the time for delivery shall not be of the
essence.
The Buyer shall inspect the goods on delivery and shall within
7 days of delivery notify the Company of any alleged defect in
the goods. The Buyer shall notify the Company of any non delivery
within 7 working days from the date on which the goods were expected
to be delivered. The Buyer shall give the Company an opportunity
to inspect the goods within a reasonable time following delivery
and before any use is made of them. If the Buyer shall fail to
comply with these provisions the goods shall be conclusively presumed
to be in accordance with the contract and free from any defect
or damage and the Buyer shall be deemed to have accepted the goods.
The Buyer shall notify the Company of any shortage of quantity
or damage to the goods or any alleged failure to comply with its
description within 2 working days of receipt. Goods which have
been damaged in transit must be returned by the Buyer within the
original packaging kept intact for the Company's insurance purposes.
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5.
DEFECTIVE GOODS
(i) The liability of the Company is strictly limited to the replacement,
repair or credit to the invoiced value of the defective items at
the discretion of the Company. The Company's maximum liability under
or arising from this Agreement shall be limited to a sum equivalent
to the invoice price of the goods. The Company shall not be liable
for any claim, whether arising in contract, tort or otherwise for
the consequential, economic, special or other indirect loss. The
Buyer accepts that the limitations and exclusions set out herein
are reasonable having regard to all circumstances including, without
limitation, the price of the goods.
(ii) Except otherwise provided in this Agreement, all warranties,
representations, terms and conditions, whether express or implied,
written or oral, are hereby expressly excluded to the fullest extent
permitted by law.
6.RETURN OF GOODS
No goods delivered to the buyer which are in accordance with the
contract will be accepted for return without the prior written approval
of the Company on terms to be determined at the absolute discretion
of the Company. If the Company agrees to accept any such goods for
return, the Buyer shall be liable to pay a handling charge of 15%
of the invoice price. Such goods must be returned by the Buyer carriage-paid
to the Company in their original packaging.
7. GUARANTEE
The goods are guaranteed for 3 months from the date of purchase
against faulty materials or workmanship. During this period they
will be repaired or have parts replaced free of charge provided
that:-
(i) the product is returned to the Company with evidence of the
purchase date
(ii) the product was purchased bu the Buyer
(iii) the product has not been misused or handled carelessly
(iv) repairs have not been attempted other that by the Company's
authorised service staff
(v) the product is certified by the Company as being defective and
(vi) a valid returns number is received from the Company
This guarantee does not confer any rights other than those expressly
set out above and does not cover any claims for consequential loss
or damage. This guarantee is offered as an extra benefit and does
not effect your statutory rights.
8. PAYMENT–CREDIT TERMS
The credit terms are 30 days net from the date of invoice unless
otherwise stated, and may be withdrawn at the discretion of the
Company. Time for payment shall be deemed to be of the essence of
the contract and payment shall be made in accordance withe credit
terms in full without any right of set off, deductions or withholding
whatsoever. The Company reserves the right to charge interest on
any outstanding balances at the current base rate of Barclays Bank
plc plus 3% until full payment has been received.
9. TITLE
Legan and beneficial title in the goods shall remain in the Company
and the Buyer shall hold the goods in fiduciary capacity as bailee
of the Company until such time as payment in full has been received
by the Company for the goods and all sums due to the Company by
the Buyer under all Agreements between them. Risk in the goods shall
pass to the Buyer on delivery to the Buyer. The Company shall be
entitled to recover from the Buyer any goods for which payment has
not been received when due, and enter upon the premises of the Buyer
where the goods are situated or are reasonably thought to be situated
to repossess such goods. Where the Buyer has purported to re-sell
the goods before the property in them has passed to him, the proceeds
of such purported re-sale shall be held in trust for the Company
in the name of the Company in a bank account separate from all other
monies of the Buyer.
10. RETURNED AND DISHONOURED CHEQUES
The company reserves the right to charge £20.00 for all unpaid
items either returned or represented at the Company's bank. Any
oustanding account balance will become immediately due for payment. |
