a. Any order resulting from a quotation or the submission of
a current price list will be subject to these conditions.
Any variation of these conditions in any document of the
buyer is inapplicable unless accepted in writing by the seller.
- A quotation not accepted in writing by the buyer within 28 days of the
date thereof shall be deemed to have been withdrawn unless otherwise stated.
If the seller shall inform the buyer that the goods in question are not
available within 10 days of receipt of the order all obligations of the buyer
and seller shall thereby cease.
2.Prices
Quoted prices are subject to revision between date of
acceptance of order and completion of order in the event of the sellers costs
being increased except through any happening or event within the sellers direct
control.
3.Delivery
- all dates quoted for delivery are approximate and the seller shall be
under no liability for failure to deliver on the quoted date.
- The seller shall be under no legal liability for failure to deliver or
complete an order if such failure is caused by a strike, lockout, breakdown,
government
decrees, fire, unavailability of materials, act of God, or
by any other contingency beyond the control of the seller.
- If the buyer requests and is granted a delay in delivery, all goods the
subject of the order shall be paid for by the buyer forthwith who shall also
pay to the seller their storage charges in respect of the goods sold but not
delivered.
4.payment
- Payment for goods shall be made in full within the terms agreed.
- In the case of orders involving more than one delivery, payment shall be
made within the specified period after receipt of goods forming each delivery.
- If any payment is not made on the due date , without prejudice to any
other remedy ( including a right to damage) or to condition 5 hereof:
1) interest may be charged at the rate of 1½% per month from
the date of the invoice on the balance outstanding, part of a month being
treated as a whole month;
11)The seller reserves the right to cancel deliveries
under the same order.
5.Ownership and risk
- The risk of the goods passes to the buyer upon delivery ex-works and the
buyer shall insure the goods from such time against fire, water damage, theft
and other usual risks at the full invoice price thereof to the buyer but legal
and beneficial ownership shall remain with the seller until full payment has
been received (each order being deemed to be a complete and separate
contract), or until prior re-resale in which case the seller’s beneficial
entitlement shall attach to the proceeds of resale on to the claim for such
proceeds or until prior destruction or loss through an insured risk in which
case the seller’s beneficial entitlement shall attach to the first proceeds of
the insurance policy to the extent of the full invoice price of the goods. The
buyer shall join with the seller in any claim against an ultimate buyer. On a
re-sale the buyer shall not give any warranties in respect of the goods other
than those which the seller shall have given to the buyer. Pending payment in
full the seller may (1) without prejudice to the fact that the risk passes to
the buyer on delivery ex-works, or to the buyer’s obligation to insure, insure
the goods against fire, water damage, theft and other usual risks and invoice
the cost thereof to the buyer and (11) enter any premises of the buyer with or
without notice and recover possessions of the goods and re-resell the same at
any price.
- The seller shall be entitled to sue for the price of the goods supplied
upon delivery of such goods in addition to all other remedies open to the
seller under the contract not withstanding that the property in such goods has
not passed to the buyer.
6). Defects and claims
- Any shortage or excess of the goods of any delivery of goods of the
incorrect description must be notified to the seller within 3 days of delivery
and if not so notified any shortage, excess, or incorrect goods shall be
deemed to have been accepted by the buyer and paid accordingly. No complaint
will be entertained unless the seller shall first have had a reasonable
opportunity of examining the goods in question.
- If the buyer shall have notified the seller as aforesaid the seller shall
be afforded a reasonable opportunity to replace incorrect goods or to make up
any shortage (replacement to be within such period of the notification as
equals the delivery period estimates for the original goods.) If the seller
shall not replace incorrect goods or make up any shortage the buyer shall be
given full credit for the cost as quoted of the goods not delivered but shall
have no other remedy. In such event the buyer shall be obliged to accept
delivery of the remainder of the goods.
- Goods supplied by the seller and which are defective by reason solely of
defective materials or workmanship shall, if the defect is notified to the
seller as soon as practicable upon detection, and in any event within one
month from delivery, be repaired or replaced at he seller’s option, provided
that, if required by the seller, the goods are returned within 14 days of
discovery of the defect. If the seller does not repair or replace the
defective goods the buyer shall be given full credit for the cost of the same
as quoted but shall have no other remedy and shall be obliged to accept
delivery of the remainder of the goods.
- In assessing whether there is any defect shortage or excess of the goods
the following shall apply;
- No responsibility is accepted for minor deviations in colour of finish.
Minor defects in quality and dimensions shall at the sellers option either
be repaired within 4 weeks of their being notified therefore or shall be the
subject of a price adjustment and shall not entitle the buyer to reject the
goods or cancel the remainder of the contract order
- Unless otherwise particularly stated, all tolerances will be those
permitted by various trade associations dealing with the particular
materials sold or those permitted or accepted as custom or practice.
- Quotations in respect of items which are specially manufactured to the
buyer’s own specification as regards size and quality are subject to written
conformation by the seller of receipt of order. Such orders will be deemed
to been executed if any amount within 10% of the ordered quantity shall have
been delivered.
7.Safe as aforesaid all express and implied conditions,
representations and warranties as to quality or fitness for purpose of the goods
are hereby expressly excluded and the seller accepts no liability under any
other claim for expenditure or repair or for consequential or other loss of any
kind.
- Whilst every endeavour will be made to supply material in accordance with
the quality of samples submitted or that quoted for or previously supplied the
seller does not guarantee this.
Copyright and patent infringements
9 The buyer agrees not to attempt to have manufactures in any
way shape or form, or to have manufactured, any products that the copyright,
registered design or patent rest with A. J. Services (importers) ltd or any of
its directors. The buyer shall full indemnify the seller for any goods that are
ordered for importation from overseas on the buyers behalf, or for any order
placed with the seller that breaches copyright or patents currently in effect
with any third party , and will pay all and any claims against the seller that
holders of copyrights or patents may from time to time claim.
General
The seller shall have the option to determine the sale
agreement forthwith on the buyer becoming insolvent or ceasing or threatening to
cease its business or suffering an execution to be levied on any of its goods or
a receiver to be appointed over any of its assets or on the buyer passing a
resolution to wind itself up. Such option may be exercised in writing or orally
but shall if exercised be effective at he moment of the event giving rise to the
entitlement to exercise it.
10 The seller shall have the sole right to appropriate
payment by the buyer under any agreement or any other agreement between either
to all or some of the goods or services and or to all or some of any goods or
services the subject of another or other agreement's) between the seller and the
buyer.
11 In these conditions "The seller" means PC security and
Fabrications Ltd, trading as Security basics or its successors in title.
12 These conditions and the contract shall be the subject to
and construed in accordance with English law.
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