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Orders are accepted only upon and subject to the seller conditions of sale as printed hereunder unless expressly accepted in writing any qualification of these conditions by the buyer in any written or printed document or otherwise shall be inapplicable. Unless previously withdrawn sellers quotation expires four weeks after the date thereof. No binding contract shall be created by acceptance on the part of the buyer of a quotation or offer made by the seller until notice of the acceptance of the order shall have been given by the seller.
Any date named by the seller for despatch is given and intended as an estimate only and is not the essence of the contract. The buyer shall never-the-less be bound to accept the goods ordered when available. The seller shall not be liable in any way in respect of the late despatch or delivery however caused nor shall such failure to despatch be deemed to be a breach of contract. Where specifications, special instructions and materials are to be supplied by the buyer, then the buyer shall supply the same in reasonable time to enable the seller to despatch within the period named.
Orders are accepted only on conditions that goods will be invoiced at the price ruling at the time of despatch. The seller reserves the right to alter the prices without notice to cover variations in the cost of shipping and handling currency fluctuations or through the buyers change of specification or for any other reason. If variation in price occurs during the currency of an order the price of the undespatched order or portion of the order outstanding at the date of such variation in price may be adjusted accordingly. All prices quoted are exclusive of VAT.
For holders of approved credit accounts only payments should be made in full within 30 days of the date of invoice. Otherwise money with order or money on receipt of goods or proforma invoice. The seller reserves the right to charge interest at 2% per month on all overdue accounts.
The cost of shipping and duties to the UK is included in the sterling quoted price. The cost of delivery from sellers dock to buyers dock shall be bourne by the buyer.
The seller guarantees new goods for a period of 12 months against defects
in materials and workmanship and which are notified to the seller within 12
months of despatch provided that;-
i) the buyer shall have installed and used the goods properly
ii) the goods are returned complete if the seller so requests
iii) the sellers liability is to repair or replace the faulty parts only.
Provided that the faulty parts are returned to the seller in good condition.
b). The seller guarantees any Second-User, Refurbished, 'Open Box'
or Ex-Demonsration Products or any Spare Parts for a period of 7 days (PandP)
verbal notification is required immediatly and return of the failing items
within the following 7 days along with a written report of the failure which
shall then be re-tested. If the product or part is then determined to be
functional and within specification so described it will be returned at buyers cost.
All claims for damage to or loss in transit of goods must be submitted to the seller and carrier within three (3) days of collection or delivery. In the case of non-delivery of a whole consignment claims must be submitted in writing to both the carrier and the seller within seven (7) days of receipt by the buyer (or buyers agent) of notification of despatch of the goods. In the absence claims within the terms mentioned above goods shall be deemed to have been delivered in accordance with the contract.
Unless specified and agreed to otherwise all testing and inspection specified by the buyer or implied as customary to the sellers practise shall be at the sellers works and will be final.
Should default be made by the buyer in paying any sum due under the any contract as and when it becomes due or should the buyer be in breach in any respect of the contract entered into the seller shall have the right with or without the notice of discretion of the seller either to suspend all further deliveries until the default be made good or to determine any contract then subsisting so far as any further goods remain to be delivered without prejudice to any claim or right the seller might otherwise make or exercise.
The buyer may suspend or cancel an order only with the written consent and agreement to terms which will indemnify us against any expenses which such action may incur. It should be clearly understood that where an order is placed on a third party supplier the cancellation charge accrued may be 100% of the original cost.
Subject to agreement with the seller incorrectly ordered will be accepted for return within 30 days of their receipt provided they are unused and in their original wrapping a handling charge of 20% will be levied and a replacement order must be made coincident with the return for credit.
The risk of all goods shall pass to the buyer on collection or delivery.
Until full payment has been received by the seller for all goods supplied
or services rendered the following shall apply:
a) Absolute property in the goods shall remain with the seller
b) Should the goods be converted or assembled into a new product the conversion
or assembly shall be deemed to have been affected on behalf of the seller
who shall have beneficial ownership of the new product without accepting any
liability or risk in respect of such goods.
c) Subject to (d) & (e) below the buyer shall be free to sell the goods
referred to in (b) above in the ordinary course of business on the basis that
the proceeds shall belong to the seller until the seller receives full settlement.
d) The seller may at anytime revoke the powers of sale by notice provided
hat such notice has reasonable grounds.
e) The buyers power of sale shall automatically cease in the events of an
occurrence covered in clause 9 of the terms & conditions.
f) Upon determination of the buyers power of sale under (d) or (e) above the
buyer shall place the goods and new products at the disposal of the seller
who shall be entitled to enter upon any upon any premises of the buyer for
the purposes of removing such goods and new products at the disposal of the
seller from the premises.
g) The buyer agrees to store and record such goods in such a way that they
may remain undamaged and readily identifiable as the property of the seller.
The Buyer shall indemnify the seller in respect of damage or injury occurring to any personal property and against any action and expenses in that connection for which the seller may become liable in respect of the goods sold if the damage or injury is caused by negligence of the buyer or his servants or agents.
This contract shall be construed in all respects as an English contract and in conformity with English law.
Any order is accepted only on condition that we shall be in no way responsible for "force majeure" including loss, damage, delays or otherwise attributable to strikes, lock out, civil commotion, transport delays, war peril of the sea or river or air, government decrees or action by any government department, accidents of any kind, cessation of labour or any like cause or contingency over which we have no control. These Terms and Conditions of sale are to be referred to as dated August 1989 and supersede any o of the Terms and Conditions on issue.
