Terms & Conditions
TERMS AND CONDITIONS:
UNDER CONTROL INSTRUMENTS LTD
The Company sells and the Buyer buys the Goods on the following terms and Conditions of sale:
1.1 All orders are deemed to have been made by the Customers and accepted by the company upon and subject to these terms and Conditions and provision referring or purporting to refer to the Goods and which shall not be capable of being varied, supplemented, qualified, or interrupted by reference to any prior course of dealings between the Company and the Customer. All other terms and conditions, warranties, guarantees and reservations (express or implied, statutory, or otherwise) and hereby expressly excluded.
1.2 No obligation shall be binding on the Company until the customer issues written confirmation of an order accepting these Terms and Conditions of sale.
1.3 Where delivery is by instalments, each instalment shall be deemed to be sold as part of an entire contract and not under a separate contract for each instalment.
1.4 Description of Goods: Any description in any catalogue or other advertisement supplied by the Company is accurate to the best of the Company’s knowledge and brief, but the Company makes no representation as to the accuracy of the description of goods manufactured by others and reserves the right to amend the description at any time.
1.5 Technical Data: Technical Data issued by manufacturers is given by the Company to the Customer in good faith on the basis of information supplied by manufacturers and the Company cannot accept liability for inaccuracies or as to the suitability of a particular item for the purpose required.
2.1 The customer shall pay the price stated above together with the cost of carriage together with VAT, at the rate currently in force in the UK.
2.2 Unless otherwise stated above carriage shall be charged as follows:
Goods up to 0.5 kilos Five Pounds (£5.00)
Goods over 0.5 kilos but less than 10 Kilos Eleven Pounds (11.00)
Goods over 10 kilos as determined by the Company.
3.1 The Company shall consign the Goods by post or carrier as soon as possible after receipt of order.
3.2 If the customer does not receive the goods within the expected timescale, the customer shall notify the Company and the Company shall replace the Goods with identical or as nearly identical as possible at no additional charge to the customer. If the customer subsequently receives the Goods originally dispatched the Customer shall immediately advise the Company and preserve the Goods for the Company and deal with them as reasonably requested by the Company. The Company shall not be responsible for the consequences of NON-Delivery or late delivery by the post or carrier.
3.3 The customer shall inspect the Goods on receipt. If no complaint is received by the Company within 3 days of delivery it shall be presumed that the goods arrived in good condition.
3.4 If a defect is obvious on inspection the Customer shall notify the Company immediately. the Customer shall preserve the goods and the packaging and agree on a course of action with the Company. The Company shall at its discretion replace or arrange repair of damaged Goods at its own cost. The Company shall not be responsible for the consequences of damage to the Goods or any delay in repair.
3.5 Upon delivery the Goods shall be at the customer’s risk.
3.6 Notwithstanding 4.1 above both the legal and equitable title in and to the Goods will remain with the Company until the Company has received payment of the full purchase price and carriage together with any VAT and interest payable. Where payment is to be made by instalments the property in none of the Goods supplied under the contract shall pass to the Customer until all money due to the Company under the contract has been received by the company. Until payment in full has been made the customer shall hold the goods in a fiduciary capacity for the Company and the Company shall be entitled to require the customer to deliver the Goods in whole or in part to the Company on demand. If the Customer fails to deliver the Goods, the Company shall be entitled to enter the customer’s premises for the purpose of collecting the goods in whole or part and shall have the right to remove or disconnect them from any equipment into which they may have been incorporated at the cost of the Customer and without responsibility for the consequences of such removal or disconnection.
3.7 The Customer may not sell, part with possession of, change the character of, convert or otherwise dispose of any of the Goods sold hereunder until title therein has passed to the customer in accordance with 4.2 above.
4.1 The company reserves the right to require payment in advance. Subject thereto the customer shall make payment in full and without any deduction or withholding whatsoever on any account within thirty (30) days of the date of invoice.
4.2 If the payment is not received in full 30 days after the due date, then the account will be passed to our collection agency being THOMAS HIGGINS LIMITED, after which a charge of 15% PLUS VAT on top of the initial invoices due., will be added to the debt. You agree as part of this contract to pay this sum which represents our reasonable costs in collecting the unpaid amounts.
4.3 Payments of all amounts due from the Customer to the Company shall be made to the company at the address stated above unless otherwise notified to the customer by the company.
4.4 Payment shall be made to the company on pounds sterling.
- Consequential Loss:
5.1 The company hereby expressly excludes to the extent permitted by law or statute any liability arising in contact or tort or otherwise for:
5.2 Consequential loss or damage caused by or arising out of the use or installation of the goods or in respect of the goods: and
5.3 Loss or damage due to fairs wear and tear, the operation storage or handling of the goods other than strictly in accordance with manufacturers instruction.
5.4 Loss injury or damage including consequential loss arising from fire accident, industrial dispute, a foreign government impounding the goods, civil disturbance or any other act or accidental default with the manufacture dispatch or delivery of the goods.
- No Waiver:
The Company’s failure to insist upon strict performance of any provision of these terms and conditions shall not be deemed to be a waiver of its rights and remedies or a waiver by it of any subsequent default by the customer in the performance or compliances with any of the terms and Conditions.
Unless otherwise agreed in writing the Customer may not assign either the benefit or the burden of any contract with the Company.
The invalidity of any individual provision of these conditions shall not affect the validity of the remaining provisions.
- Relationship Of The parties:
Both the Company and the Customer are independent contractors under these conditions and the parties acknowledge that neither of them is an agent or partner of the other for any purpose and that each of them is entirely without authority to act on behalf of the other in any manner. The Company shall not be responsible to third parties for any claim arising out of the activities of the customer and the customer shall indemnify and hold harmless the company for any amount which the company may be required to pay as a result of any claim.
|The heading of paragraphs in these conditions are for reference purposes only and shall not affect in any way the meaning or interpretation of these conditions.
- Governing Law:
These Terms and Conditions of sale shall in all respects to governed by and constructed in accordance with English Law.
- The signatory hereby warrants that he/she has the power to sign this contract on behalf of the customer.