APPLICATION OF CONDITIONS
Notwithstanding anything that may be contained in any purchase order or other document of the Buyer, goods are supplied subject to these conditions alone. No variations of them will apply unless expressly agreed by both parties in writing and signed on their behalf.
Only orders issued on the Buyers printed company letterhead or order form and signed on behalf of the company will be valid. Alterations to orders must be confirmed by an official amendment and signed by an authorised and recognised signatory on behalf of the Buyer.
Unless specifically agreed in writing by the Seller the date of any delivery notified by the Seller to the Buyer is an estimate only and the Seller shall not be liable for the consequences of any delay in fulfilling the Buyer's order. Goods are delivered by carriers over whom the Seller has no control and therefore the Seller shall not be liable for the consequences of any delay in transit. In the event of goods ordered and subsequently returned for any reason the Seller reserves the right to affect a handling charge. Delivery charges are as follows:
UK: All orders under £500.00 will incur a £10.00 shipping charge. Orders over £500.00 are delivered free of charge excluding floor standing and wall mounting cabinets, large pallet shipments, timed deliveries, special orders and international transactions (confirmed at time of quotation and order) for which a nominal fee is charged.
Irish Office: Orders above €350.00 excluding VAT in County Dublin for standard delivery is carriage paid, excluding cabinets and pallet shipments. All other counties are charged per weight and distance. All cabinets and large pallet shipments, timed deliveries or special orders are poa.
The Buyer will inspect the goods upon arrival and if they do not correspond in nature or quantities to the goods ordered, will give the Seller written notification of any discrepancy within 48 hours of the date of delivery; failing which the Buyer shall be deemed to have accepted the goods. Any shortages should be reported within 48 hours in order for the seller to investigate goods that fail to arrive. The recipient for the Buyer must state on delivery paperwork against the discrepancy product line(s) as short/part delivered in order for any shortage claim to be valid.
LOSS OR DAMAGE IN TRANSIT
The Seller will replace goods which fail to arrive or which arrive in a damaged condition. However, in order to comply with the terms of the Seller's own insurance policy, notification of loss or damage to the goods in transit must be made to the Seller in writing, within 14 days of the date of delivery, failing which no claim in respect of such loss or damage will be entertained by the Seller.
DEFECTIVE GOODS AND CONSEQUENTIAL LOSS
The Seller guarantees that the goods are free from defects and are of merchantable quality but it is for the Buyer to satisfy himself that the goods are fit and suitable for the purpose for which he requires them. It is expressly agreed and understood by the Buyer that the Seller's liability in respect of defective or otherwise unmerchantable goods shall under no circumstances whatsoever extend beyond the price paid for such goods, nature, howsoever caused, arising out of any defect in the goods, or from their failure to correspond to any description or representation, or from their unsuitability for any purpose.
If the Buyer alleges that goods supplied are defective the Buyer will return them, carriage paid, to the Seller's premises. If, after examination by the Seller, it is established that the goods are defective then the Seller will refund to the Buyer the cost of the carriage, and replace the goods or at the Seller's absolute discretion refund their purchase price.
Prior Authorisation is required before returning any goods. Please phone to obtain a returns (ccf) number.
All goods returned for credit must have the appropiate invoice number supplied.
Non faulty goods accepted for credit may be subject to 15% re-stocking charge, cartons and/or products not in new resaleable condition will be refused.
Any products specially ordered, cut to length cables and boxes of cable will be refused.
The Seller reserves the right to vary any price advertised in the Seller's Catalogues or elsewhere as occasion demands, and the goods are supplied at the price prevailing as at the date of acceptance by the Seller of any order placed by the Buyer. Any prices offered by the Seller are an invitation to treat and not contractually binding. All prices are exclusive of VAT, except where expressly stated otherwise. All invoice queries must be notified within 5days of receipt of invoice.
Payment for the goods is due without any deduction either with the order if the Buyer does not have a credit account, or within 30 days of the invoice date if the Buyer does have a credit account. If payment of the price or any part of it is not made by the due date the Seller shall be entitled to charge interest on overdue accounts at the rate of 2.5% per month and any further deliveries will be suspended until the account is paid in full together with any interest. In the event of non-payment of an outstanding debt we reserve the right to claim for the whole of the balance owing. NB: Payments must be made direct to our bank; cheque payments are not accepted.
Goods described in the Seller's catalogues or elsewhere are subject to a continuing process of technical change and development and the Seller therefore reserves the right to alter specifications without notice at any time before delivery. All descriptions, illustrations, specifications and dimensions are approximate and are only intended to present a general guideline as to the goods therein. It is therefore agreed by the Buyer that goods supplied may not comply in all respects with the description in the Seller's catalogue or elsewhere. If a sample of the goods has been exhibited to and inspected by the Buyer the contract shall not constitute a sale by sample.
RESERVATION OF TITLE
Although goods supplied by the Seller to the Buyer shall be at the Buyer's risk immediately on delivery to the Buyer (and the Buyer should be insured accordingly), the legal ownership in the goods shall not pass from the Seller to the Buyer until they have been paid for in full. Until property in the goods passes from the Seller to the Buyer as aforesaid the Buyer shall hold the goods as bailee of the Seller. Where goods are supplied under a Contract Order with delivery in instalments over an extended period, then the Order is to be regarded as a whole so that property in none of the goods passes until all the goods, the subject of the Contract Order, have been paid for in full.
This contract is divisible. Each delivery made hereunder:
1. Shall be deemed to arise from a separate contract, and
2. Shall be invoiced separately and any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein without reference to and notwithstanding any defect or default in the delivery of any other instalment.
The Buyer shall not remove, alter, deface or tamper with any of the marks, names or numbers affixed to or marked on the goods, or allow anyone else to do so.
APPLICABLE LAW - The contract is subject to English law.
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