1. Order
1.1. You shall make an order by telephone, facsimile, post or email
1.2. Where an order is made by telephone. We do not require written confirmation of such an order. If you do send written confirmation of an order please ensure that the order is clearly endorsed "confirmation". Failure to so endorse the confirmation may result in the order being duplicated. You will then be responsible for settlement of the duplicated order in full.
1.3. All orders which are accepted by us shall be subject to these Conditions
2. Payments.
2.1. Payment is due at the time of submitting the order. However at our discretion and subject to satisfactory references we shall invoice you for the Goods on or soon after dispatch. In this case payment is due at the end of the month after the month stated on the date of the Invoice (the "Due Date")
2.2. You fail to make any payment on the Due Date we have the right to charge Interest on all outstanding balances calculated on a daily basis at the rate of 2% per annum above the current base-lending rate of Barclays Bank Plc.
2.3. Prices quoted are exclusive of VAT and current at the time of submittal of the quotation or price and are valid for 30 days thereafter. While every endeavour will be made to maintain them at their present low level we reserve the right to effect changes without prior notice.
2.4. If any sum of money is due from you the same may be deducted from any sum then due or which at any time becomes due to you under this or any other agreement between you and us.
3. Ownership of the Goods
3.1. Ownership of the Goods delivered or to be delivered by us will only be transferred to you when you have paid cash or cleared funds in payment of all sums owing to us in respect of the Goods.
3.2. Until payment as aforesaid you must store the Goods in such a way that they are clearly our property
3.3. Until ownership has passed to you we retain full legal and beneficial title to the Goods and reserve the right at any time to require you to deliver up the Goods to us and if you fail to do so forthwith upon our request to enter upon any of your premises or of any third party where the Goods are stored and repossess the Goods
3.4. Nevertheless you shall be entitled to sell the Goods either in their original state or incorporated into other products acting as our agents but in these circumstances the title to the Goods shall remain with us and you shall remain fully accountable for the proceeds of the Sale thereof.
4. Despatch of Goods and Delivery
4.1. We shall despatch Goods by First Class post or Carrier. Goods are normally despatched by return of post Carriage, unless otherwise shown, is charged at £10.00 where order values are less than £250 excluding VAT,.
4.2. Orders above £250 excluding VAT will be carriage paid by ourselves.
4.3. Time for delivery shall not be of the essence of this Agreement. We shall use reasonable endeavours to deliver by the date specified but We shall be under no liability whatsoever for delay in delivery or the consequence thereof however caused and you hereby waive irrevocably all your rights and remedies (if any) in respect of any loss or damage suffered or Incurred directly or indirectly as a result of any late delivery of the Goods.
5. Returns
5.1. If there are shortages or damages to the Goods occurring in transit, you must notify us 7 days from the date of delivery giving full details of any such shortages or damages and you must return the Goods to us together with all packaging if we instruct you to. In all cases where the Goods are returned you must quote the delivery note number.
5.2. Where we accept that there has been a shortage in Goods despatched or the Goods have been damaged in transit. We shall replace such Goods at the previously invoiced price or issue a credit note.
5.3. Order Cancellation
Cancellation of an order can only be accepted after prior negotiation and agreement. On no account can cancellation be accepted for items ordered specially by us on your behalf.
6. Copyrights and Patents
6.1. Products offered for sale may be the subject of patents, copyright, design, trademark or other intellectual property rights. We make no representation or warranty as to whether your use of or dealing with the Goods (or any part or component thereof) either will or will not infringe such rights without limiting the generality of this statement. We do not grant nor purport to grant to you any licence permission or authority in respect of such rights and you acknowledge and agree to satisfy yourself in respect of such matters we accept no liability for Infringement of any such rights.
7. Export
7.1. All orders are Ex Warehouse (UK) - Freight and Insurance are charged extra at cost.,if you request us to arrange transport. Payment Telegraphic Transfer direct to our bank.
8. Miscellaneous
8.1. We reserve the right to discontinue any product, or make design changes to product specifications, without prior notice, as part of Our continuous process of product and service Improvement or to improve product availability.
8.2. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.
8.3. We shall not be liable to you for any delay or failure to perform any of our obligations hereunder which is due to causes or circumstances beyond our reasonable control, including (without limitation) acts of civil or military authority, national emergencies, fire or flood, Acts of God, war or riots, actions or omissions of third parties.
8.4. This Agreement Including the order is the complete and exclusive statement of the contractual relationship between the parties, which supersedes all prior proposals, understandings, agreements or representations between the parties relating to this Agreement except in respect of any fraudulent misrepresentation made by either party.
8.5. We reserve the right to randomly monitor and record incoming calls.
8.6. No delay, neglect or forbearance on the part of either party In enforcing its rights or any of them against the other shall be construed as a waiver or in any way prejudice any of its rights hereunder
8.7. This Agreement shall be governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction in connection with any dispute arising out of or in connection with it. |
