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Terms
& Conditions Of Sale
1. DEFINITIONS
In these conditions 'the Company'
means Global Computer Spares Ltd., 'the Buyer' means any company, firm
or individual or agent thereof to whom the company's quotation or acknowledgement
is addressed. 'The goods' means the products (including any parts or accessories),
materials and/or services to be supplied by the company.
2. QUOTATIONS
Quotations are given without commitment
and no contract between the company and the buyer shall arise unless and
until the company has acknowledged in writing the buyer's order, whether
placed on the company's quotation or otherwise.
3. REPRESENTATIONS
The buyer shall not be entitled
to rely, or to seek to rely upon any oral statement, warranty or representation
made by an employee or agent of the company other than a statement warranty
or representation in written form on behalf of the company.
4. PRICES
Prices contained in a quotation
or similar are those ruling at the date thereof and are for guidance only.
The contract price shall be the price current and agreed at the time of
order placed by the buyer with the company. Unless otherwise stated prices
do not include VAT which will be chargeable at the rate ruling at the
date of despatch and/or performance of services.
5. DESPATCH AND DELIVERY
The buyer to acknowledge receipt
of delivered goods or services by signing delivery documents and to state
whether the goods are damaged or received in good condition. If the buyer
cannot inspect the goods on arrival this is to be stated on the documentation
that the goods are signed for in good faith unchecked.
Unless otherwise stated prices do
not include delivery of any goods supplied.
Any damages, faults or shortages
to be notified to the company in writing within 24 hours of receipt which
will be from signature of delivery documentation.
6. PAYMENT
Unless expressly agreed in writing,
payment shall be made without any deduction or deferment on account of
any disputes or cross claims whatsoever within 30 days following the date
of the invoice for the goods. Time for payment shall be of the essence
and in the event of delay or default in any payment for more than 7 days
the company shall be entitled to suspend deliveries and/or treat the contract
as repudiated and/or resell any of the goods in its possession and be
indemnified by the buyer for any loss thereby incurred.
7. PROPERTY IN GOODS
Until full payment has been made
of the price of the goods and of any other sums whatsoever which are or
may become outstanding from the buyer to the company, the property in
the goods shall not pass to the buyer and the buyer shall keep the goods
as bailee for the company (returning the same to the company upon request).
The buyer shall be at liberty to sell the goods in the ordinary course
of the business in the name of the buyer and as principal and not as agent
for the company notwithstanding the fact that title to the goods has not
then passed to the buyer but the benefit of such contract of sale and
the proceeds of any such sale shall belong to the company absolutely.
The buyer shall keep and safely store goods separately and in such manner
as they can be readily identified as the property of the company.
8. QUALITY, CONDITION AND DESCRIPTION OF GOODS AND SERVICES
The company warrants that products,
parts or materials manufactured by it will be of good materials and workmanship
and that reasonable care will be employed in assembling or incorporating
items not manufactured by it and in performing services so that upon the
buyer giving written notice to the company that goods have not been supplied
or services performed as aforesaid if the same be established and provided
the buyer has not tampered with the goods the company will at its own
expense or its option replace or repair such defective goods or remedy
such defaults in service.
The same term shall apply mutatis
mutandis, in respect of such replacement or repaired goods or remedial
services.
The above warranty shall apply in
respect of matters whereof the buyer gives written notice within 30 days
of delivery or performance or of replacement or repaired goods or remedial
services respectively after which any claim in respect thereof shall be
absolutely barred. Where extended warranty periods apply the written notice
period shall be extended accordingly.
Such replacement or repaired goods
or remedial services will be the absolute limit of the company's liability
and the company will not be liable in any circumstances whatsoever for
any consequential loss or damage of any kind suffered by the buyer or
any third party howsoever caused unless the same shall relate to personal
injury or death and only if the same shall arise out of the company's
negligence. Save as aforesaid the company shall be under no liability
whatsoever in regard to goods or services or replacement or warranty which
might otherwise be implied or incorporated by the contract by reason of
statute or common law thereby excluded.
9. NOTICES
Unless otherwise provided in writing
any written communication or notice under the contract shall be made or
given by sending the same by ordinary, prepaid first class letter post
in case of the company to its current address in the case of the buyer
to his last known address and if so sent shall be deemed to be made or
given two days after the date when posted.
10. LAW AND INTERPRETATION
The contract shall be governed by
English law and the buyer shall submit to the non-exclusive jurisdiction
of the English courts. If any of these conditions or any part thereof
is rendered void or unenforceable by any legislation to which it is subject
or by any rule of law it shall be void or unenforceable to that extent
and no further. This does not affect your statutory rights.
11. REGISTERED OFFICE DETAILS
Global Computer Spares Ltd.
36 Cambridge Road
Hastings
East Sussex
TN34 1DU
Registration No. 5143188
VAT No. 822094056
Registered In England & Wales
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