These Conditions shall apply to and form part of all quotations, offers and contracts for the sale of goods by Daltec Associates Ltd [the company]. In these Conditions the 'Buyer' means the person, firm or company who has ordered or agreed to purchase goods from the Company. Any order submitted to the Company for any goods is an offer to purchase those goods on these Conditions. All terms and conditions of the Buyer are herby excluded.
Any order submitted to the Company for any goods is an offer to purchase those goods on these Conditions. All terms and conditions of the Buyer are herby excluded.
Unless expressly stated, no quotation by the Company for the sale of goods is a legally binding offer.
Unless expressly stated, an offer by the Company to sell any goods is open for acceptance until the date which is 30 days from and including the date of that offer, and the Company shall be entitled to withdraw an offer at any time.
The Price of any goods shall be the price quoted by the Company or the Company's advertised list price for those goods at the time any offer or order is accepted.
The Company may vary the price of the goods by a reasonable amount attributable to any increase in the cost of materials, labour, transport, duties, taxes, exchange rates or any other cost occurring before the date of delivery.
All Prices are exclusive of value added tax and any other taxes and duties.
Unless otherwise stated, all prices include carriage, packing, and other delivery cost where delivery is to be made to a United Kingdom mainland address.
The Company will use it's reasonable endeavours to deliver goods by the agreed delivery dates or if no dates are stated, within a reasonable time.
The Company shall not be liable for the late delivery or non delivery of any goods owing to any event or circumstance beyond it's reasonable control, and delivery of any goods shall be suspended for so long as such event or circumstance lasts.
The Company shall be entitled to withhold delivery of any goods where any amounts payable by the Buyer to the Company are overdue on any account whatsoever.
Risk of loss or damage to goods shall pass to the Buyer when the goods have been delivered to the Buyer or any agent, representative or carrier of the Buyer.
The Buyer shall inspect all goods immediately on receipt, and the Company shall not be liable for defects or shortages discoverable on reasonable inspection unless the Company within 48 hours on receipt of the delivery.
Where the Buyer notifies the Company of any defects or Shortages, the Company's only liability shall be [at the option to the Company] to repair or replace defective goods, make good any shortages, or credit the Buyer with the invoice value of the goods in question.
The Buyer shall pay an invoice from the Company within 30 days NETT. If the Buyer fails to pay any amount when due, the Company may charge daily interest on the amount at the rate of 4% per annum above the base lending rate for the time being of the Bank of Scotland from and including the date when payment should have been made to and including the date when payment is received.
Title to any goods shall remain with the Company until the Company has received payment in full in cash or cleared funds for those goods.
Until title to any goods has passed to the Buyer, the Buyer may use or sell goods in the ordinary course of it's business, but the Buyer's power of sale shall cease immediately when payment for those goods becomes overdue, or upon notice from the Company terminating the power of sale.
Where the Buyer's power of sale ceases, the Buyer shall deliver tot the Company on demand any goods in which the Company retains title and the Buyer authorises to Company to enter upon any premises to remove those goods.
If the Buyer finds a material defect in the goods either within 3 months after the end of the month in which those goods were delivered, or by the expiry date of the goods if sooner, then the Company will at the Company's sole option, rectify any defects, or supply replacements for those goods, or credit or refund to the Buyer the invoice value of those goods PROVIDED THAT:-
(a) the Buyer informs the company of the defect within 14 days after the date on which the Buyer becomes aware of the defect or ought reasonably to have become aware of the defect;
(b) the defect existed in the goods at the time of delivery of the goods or arose from faulty materials or workmanship, and the defect was not reasonably discoverable upon inspection at the time of receipt, and thee defect did not result from any modification or alteration made to the goods by the Buyer, or from normal deterioration, or from improper or faulty handing, storage or sue of the goods by the Buyer.
The Company's express liability under these Conditions shall be the Company's only liability for breach of any contract for the sale of goods or services. Unless otherwise agreed by the Company, the Company does not warrant or agree that the goods will be fit for any special or unusual purposes or materials [whether or not the Buyer notified the Company of the same, or the Company was expressly, implied or constructively aware of the same].
Notwithstanding any other provision of these Conditions, the total liability of the Company in respect of breach of any contract of the sale of goods or any representation given in connection with such a contract, whether in contract, tort [including negligence] statue or otherwise shall be limited to the purchase price for the goods.
Notwithstanding any other provision of these Conditions, the Company shall not be liable to the buyer in respect of breach of any contract for the sale of gods or any representation given in connection with such a contract, whether in contract, tort [including negligence] stature or otherwise howsoever, for any of the following losses suffered, incurred or payable by the Buyer: any consequential, indirect or special losses, any loss of use, loss of profit, loss of revenue, or loss of contract, and any liability of the Buyer to any third party.All patent, copyrights, design rights and trade marks, rights to apply for any of the foregoing, and all other intellectual property rights, whether registered or unregistered, in any part of the world, in or developed by the Company in relation to the goods are and shall remain the property of the Company.
All notices shall be properly given only if in writing and sent by hand, courier, first class post or facsimile to any address of the recipient stated in any quotation, order or acknowledgement of order, or to such address as the Buyer and Company may from time to time notify to each other it's address for service of notices. Notices shall be deemed to be received if sent by hand or courier, on delivery, if sent by post, on the second day following the day of posting, and if sent by facsimile, on completion of uninterrupted transmission.
These Conditions and any contract to which these Conditions apply shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English Courts.
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