- GENERAL
- PRICES AND PAYMENT
- DELIVERY
- VARIATION OF PRICE
- LOSS OR DAMAGE IN TRANSIT
- ORDER CANCELLATION
- ALTERATIONS TO SPECIFICATION
- DRAWINGS
- GOODS ON SALE OR RETURN
- RETENTION OF TITLE
- BANKRUPTCY/LIQUIDATION
- GUARANTEE
- CLAIMS
- FORCE MAJEURE
- LIEN
- WAIVER
- APPLICABLE LAW
- RENTALS
1. GENERAL ^
Contracts and orders are accepted only subject to the Company's Conditions of Sale as set out herein and any Special Conditions of Sale (if any) endorsed by prior agreement and the Purchaser shall be bound by such Conditions. No modification of these Conditions or of the particulars contained in the Company's acceptance of an order from the Purchaser will be recognised by the Company unless such modification is expressly accepted by the Company in writing. Unless so accepted any qualification thereof or difference contained in the Purchaser's own order forms shall be inapplicable. All orders, whether based on quotation or otherwise, shall be subject to the Company's written acceptance.
2. PRICES AND PAYMENT^
2.1
Delivery, packing, inspection and testing charges, if applicable, will be stated separately. Unless otherwise specified goods and/or services are supplied for payment of net cash on or before 30 days following that in which the goods were despatched or services were performed. VAT not included in the quotation or invoice will be added where and at the rate applicable as well as any other government imposed taxes in force at the date of invoice.
2.2
Should the Company at any time reasonably consider in the light of evidence the Company may have as to the Purchaser's financial position or otherwise that the Purchaser is or may be unable to pay for goods to be dispatched and/or the services to be rendered in accordance with the contract, or indicating an inability to pay or an intention not to pay the Company shall not be bound to dispatch or prepare such goods for dispatch and/or render the services unless the Purchaser, if required by notice in writing, shall have previously either paid cash against the Company's invoice or provided sufficient security in a form acceptable to the Company. If the purchaser fails to comply with the request of the notice within the period stated therein, the Company may terminate the contract forthwith without prejudice to any rights the Company may have under the contract prior to such termination.
3. DELIVERY^
3.1
No liability will be accepted by the Company for any delay in the despatch or delivery of the goods and/or performance of the services (whatever the cause of the delay) or for any damage or losses caused thereby.
3.2
Once the goods have been delivered to the Purchaser's premises or the delivery address stipulated in the Order the goods shall be at the sole risk of the Purchaser. If the Purchaser collects the goods from the Company's premises the risk for the goods shall pass to the Purchaser on collection.
4. VARIATION OF PRICE ^
4.1
Prices will be based in accordance with a written quotation deemed valid by the Company for a period not exceeding 30 Days. The quotation will be based on prices deemed to be correct on the date of said quotation.
4.2
The quoted price is also subject to adjustment if any changes are made by the Purchaser in the specification of the goods and delivery requirements.
5. LOSS OR DAMAGE IN TRANSIT ^
Where transport of the goods has been arranged by the Company and the equipment is damaged in transit or having been placed in transit has not been delivered to the Purchaser then:
(a)
In the case of damage to the equipment the Purchaser shall give notice to the Company within 10 days from receipt of the relevant invoice.
(b)
Goods subject to any claim under this clause must be stored free of charge for inspection by the Company
(c)
The Company shall be under no liability whatsoever if the Purchaser fails to give such notice or non-delivery and any damage to the equipment shall be deemed to have occurred after delivery of the goods to the Purchaser.
6. ORDER CANCELLATION ^
Cancellation of an order can only be accepted after prior negotiation and agreement. On no account can cancellation be accepted for items ordered specially by the Company on the Purchaser's behalf. In the event of cancellation of an order the Company reserve the right without prejudice to charge up to 100% for stock held by the Company pending shipment, up to 100% for items the Company cannot cancel delivery from our supplier. In particular (but without limitation), in the event of cancellation by the Buyer of part only of an order, the Company shall be entitled to recalculate the price for the uncancelled part of the order taking into account any loss born by the Company as a result of said cancellation.
7. ALTERATIONS TO SPECIFICATION ^
If in the event of alteration or change of specification the Company shall agree with the purchaser due compliance, in that, any alterations are compliant to their needs and specifications.
8. DRAWINGS ^
Drawings, specification and other information supplied
(a)
are confidential and remain the property of the Company
(b)
must not be disclosed to any other party
(c)
must be returned to the Company if the quotation is not accepted
(d)
are approximate only and shall not, unless otherwise stated, be deemed to form part of the contract
9. GOODS ON SALE OR RETURN ^
9.1
Goods stated as being "Sale or Return" are supplied entirely at the Purchaser's own risk and shall remain so until returned to the Company in satisfactory condition to the Company's address. The Company reserves the right to charge for any work that may be necessary to restore the goods to their former condition.
9.2
Unless otherwise agreed in writing goods supplied on a Sale or Return basis shall be returned to the Company within 1 month from the date of delivery. If goods are not returned within this period they will be invoiced and become due for payment in accordance with these conditions.
9.3
The Company will hold a quantity of five Paceblade Slimbooks specifically for the customer to replace product agreed by both parties to be faulty. The Company reserves the right to rotate stock of said Slimbooks.
10. RETENTION OF TITLE ^
10.1
Property in the goods shall remain vested in the Company until payment therefore shall have been made by the Purchaser in full. The Purchaser shall be in possession of the goods solely as bailee for the Company until the full price is paid. The Purchaser shall store the goods separately from his own goods and/or those of any other person and at all times the goods shall be stored in such a manner that they are readily identifiable as our goods until the full price is paid.
10.2
The Purchaser's rights to possession shall cease forthwith if the Purchaser
(a)
not being a company commits an act of bankruptcy; or
(b)
being a company does anything or omits to do anything which would entitle any person to present a winding-up petition or a receiver is appointed to take possession of any of the Purchaser's assets or a petition is presented to wind up the Buyer.
10.3
Whenever and as soon as the Purchaser does or omits to do anything whereby his right to possession ceases under the provisions of condition 9.2
(a)
the Purchaser shall immediately notify the Company that his right to possession has ceased and of the circumstances in which this has occurred, and
(b)
the Purchaser shall on oral or written request furnish the Company, the Company's representatives or agents with sufficient information so as to enable the Company to retake possession of the goods and such information shall include full details of the place where the goods are kept, and
(c)
the Company shall have an irrevocable licence without prior notice to enter upon the Purchaser's premises by itself its representatives or agents during normal business hours in order to retake possession of the goods.
10.4
The Purchaser may sell the goods to a third party prior to the date on which full payment of the price is received by or made to the Company if and only if;
(a)
none of the circumstances specified in condition 9.2 have occurred or are reasonably expected to occur; and
(b)
the proceeds of sale if less than the full price of the goods or such part of the proceeds of sale as equals the full price of the goods when received by the Purchaser and/or his agents are placed forthwith in an interest bearing deposit account and the funds therein or the appropriate part thereof are held on trust for the Company and are payable to the Company; and
(c)
notice is given as soon as reasonably practicable to the Company once the proceeds of sale have been received by the Purchaser.
10.5
If the Purchaser shall sell the goods without complying with the provisions of condition 9.4 the Purchaser shall be in breach of bailment and liable to account to the Company for the proceeds of the sale.
10.6
In exercising the right of sale under condition 9.4 the Purchaser shall as regards the third party act solely on his own behalf and shall not have or hold himself out in any way whatsoever as having the right to make representations to or contracts with the third party on behalf of the Company.
10.7
The Purchaser shall inform the Company immediately of any seizure, whether threatened or actual, of the goods.
10.8
The Purchaser shall from the time when under clause 3 hereof they become sole risk of the Purchaser fully insure the goods against all risks with a reputable insurance company at its own expense. The insurance shall cover the Company's interest in the goods, and the Purchaser shall hold in a separate bank account all monies paid under such insurance in trust for the Company and shall pay the same to the Company on demand. If the Purchaser shall not effect such insurance the Company shall be entitled to insure our goods and demand reimbursement for the cost of the same from the Purchaser.
11. BANKRUPTCY/LIQUIDATION ^
11.1
If the Purchaser becomes bankrupt or goes into liquidation or makes any composition with his creditors or if a receiver or any of his assets is appointed, the Company shall be at liberty either;-
(a)
to cancel the contract summarily by notice in writing without compensation to the Purchaser or
(b)
to have the option of completing the contract provided agreement is reached between the Company or any receiver or liquidator or other person appointed
11.2
The exercise of any of the rights granted to the Purchaser under condition 10.1 shall not prejudice or affect any right of action of remedy which shall have accrued or shall thereafter accrue to the Company.
12. GUARANTEE ^
12.1
The following Guarantee shall be deemed to be incorporated in these Conditions of Sale:
For a period of twelve months from the date on which a product manufactured and sold by the Company is delivered to the Purchaser, the Company will exchange or repair at the Company's option any part or parts thereof requiring replacement or repair by reason of defective workmanship or material For specifically Paceblade SlimBook a period of twenty-four months from the date on which the product was sold to the purchaser, the company will exchange or repair at the company's option any parts thereof requiring replacement or repair by reason of defective workmanship or material. Paceblade Battery Pack and CD ROM Drive are excluded from the 24-month guarantee, they will be guaranteed for a period on 6 months and 12 months respectively
12.2
Every other form of liability, including consequential loss or damage, howsoever caused, is hereby expressly excluded.
12.3
The Company shall not be responsible for any expense which the Purchaser may incur in removing or having removed or any replacement or having replaced any part or parts sent for inspection or in fitting or having fitted any new parts supplied in lieu thereof.
12.4
The Company shall not be responsible for any defect which in the opinion of the Company was attributable to:
(a)
Wear and tear
(b)
Any form whatsoever of improper use or use which was not in accordance with accepted practice
(c)
Abnormal corrosive or abrasive conditions
(d)
Non-compliance with any instructions issued by the Company concerning the use, fitting and servicing of the goods
(e)
Incorrect fitment
(f)
Faulty or irregular supply of electricity
12.5
Modified goods supplied by the Company in accordance with Clause 6 of these conditions shall not constitute a defect for the purposes of this guarantee.
12.6
This guarantee is given in lieu of and excludes every condition or warrant whether statutory or otherwise
12.7
This guarantee is limited to those parts of the goods that are manufactured by the Company. Any parts which are not manufactured by the Company shall be subject to such warranties and/or guarantees (if any) as are given by the manufacturer of such parts.
13. CLAIMS ^
No claim for exchange or repair can be considered unless the defective product is returned carriage paid to the Company supported by the following particulars:
13.1
The Company's reference on the product from which the part or parts were taken
13.2
The defects, claims and the reasons for them
13.3
Date of purchase and source from which the product was purchased
14. FORCE MAJEURE ^
Should the Company be prevented from delivering at the agreed date by strikes, lock-outs, act of God, war, fire, tempest, flood, accident or damage to goods, or delay in obtaining or inability to obtain through scarcity of materials or for any other cause beyond the Company's control the Company may suspend delivery until a reasonable time after the end of the happening and during such time as is reasonably incidental to the resumption of normal production or sale or cancel or vary the contract without compensation.
15. LIEN ^
In addition to any right of lien to which the Company may by law be entitled the Company shall have a general lien on all goods of the Purchaser in its possession (whether or not payment for such goods or some of them may have been received for) the unpaid price of any other goods sold and delivered to the Purchaser by the Company under the same or other contracts.
16. WAIVER ^
The Company's rights shall not be affected or restricted by any indulgence or forbearance granted to the Purchaser. No waiver by the Company of any breach shall operate as a waiver of any later breach.
17. APPLICABLE LAW ^
The rights and obligations of the parties and all the terms and conditions hereof and any disputes arising out thereof shall be construed in accordance with English Law to the jurisdiction of the courts of which the Purchase shall submit.
18. RENTALS ^
- All rental agreements are subject to status and formal acceptance by a funder.
- All rentals are quoted subject to the prevailing VAT and other government taxes that maybe applied from time to time.
- All rentals are fixed for the period of the contract and will not vary in value, once the agreement is signed.
- Minimum rental terms are 24 months and £2500.00
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