1. GENERAL
All goods are supplied by us subject to these
conditions, which supersede any earlier set of conditions
appearing in our catalogues or elsewhere and which shall override
any terms and conditions stipulated, incorporated or referred to
by the Buyer whether in the order or in any negotiations.
2. PRICES
Any quotation is offered subject to prior sale
and shall be calculated against full quantities and / or as a
package. Subject to this all orders are accepted for execution at
prices current at the date of despatch. Prices are quoted ex-works
and are subject to change or withdrawal without notice. Packing,
delivery and insurance are charged extra. No discounts shall apply
unless previously agreed by us in writing.
3. RETURN
POLICY
(a)
If the product does not perform in your application please
contact our Technical Support
If we are unable to fix the problem within fifteen working days
you may return it for a full refund. The product must be returned
in an “as new condition”. You should obtain Proof of Delivery.
A full refund does not include any duties or taxes that may have
been paid. Nor does it include any currency exchange variations
that may occur. Goods have to be returned at your expense. We
reserve the right to charge businesses a restocking fee.
(b
)Private
buyers (consumers) in the EU are protected by the Distance
Selling Regulations. The Regulations provide a cooling
off period and an unconditional right to cancel of seven working
days from the day after the date of delivery of the goods. A full
refund will be given.
4. PAYMENT
Terms of payment are strictly cash, credit or
debit card with order unless a credit account has been established
with us. Where a credit account has been established with us,
payment must be made for each instalment of goods delivered in
accordance with the payment terms stated on the respective invoice
(whether goods delivered are the whole or only part of the goods
ordered). We reserve the right at our complete discretion to
refuse to establish a credit account for any Buyer, to refuse
credit to any Buyer notwithstanding that a credit account may
already have been established and to withdraw established credit
account facilities. Without prejudice to our other rights,
interest, at two percent per calendar month (running from day to
day) shall be payable on any payment which is more than 30 days
overdue until actual payment. Notwithstanding any statement to the
contrary by the Buyer, we shall be entitled in our absolute
discretion to appropriate any payment received by us from the
Buyer to or towards any indebtedness of the buyer with us, whether
under this or any other contract.
5. RE-SCHEDULING OF ORDERS
Where an order includes a delivery date or
dates, these may be re-scheduled only with our specific written
agreement, and in any even we will require not less than three
months' prior written notice of any required re-scheduling. Any
stockholding costs incurred as a result of any re-scheduling will
be payable to us by the Buyer.
6. CANCELLATION
In the event of the cancellation of any order we
reserve the right without prejudice to charge up to 100% of the
order value of the items cancelled.
7. DELIVERY
Any time or date quoted by us for delivery is
given and intended as an estimate only. Whilst every endeavour
will be made to meet an estimated time for delivery, we shall not
be liable to make good any damage or loss whether arising directly
or indirectly out of delay in delivery. We reserve the right to
deliver by instalments against any order. Non-delivery must be
reported immediately in writing to us within 10 days of the date
of despatch. Where we tender delivery in accordance with the
contract and the Buyer either refuses to accept delivery at that
time or subsequently returns the goods without good cause, he
shall be deemed to be in breach of the contract and we shall be
entitled to treat the order or any relevant part of it as
cancelled by the Buyer (without prejudice to any other rights we
may have). All product collected by the customers designated
carrier shall be deemed to have been delivered to the customer and
to be the liability of the customer at the point of collection.
8. TRANSIT
We will replace, free of charge, goods damaged
or lost in transit provided the Buyer gives us written
notification of such damage or loss within 3 days after delivery.
9. INSPECTION
When the Buyer examines the goods before
delivery is effected, he shall have no further right to inspect on
arrival other than to notify us of any loss or damage in transit.
When the goods are delivered to the Buyer without any previous
examination by him, he shall inspect them immediately on arrival
and shall within 3 days of such inspection give written notice to
us of any matter of thing by reason of which he may allege that
the goods are not in accordance with the contract. If the Buyer
shall fail to give such notice the goods shall be deemed to be in
all respects in accordance with the contract and the Buyer shall
be bound to accept and pay for them accordingly.
10. OWNERSHIP
Until the Buyer makes payment in full for the
goods he shall at all times keep them in his possession and
control and shall not remove them without our consent and will not
sell or otherwise dispose of or deal with the goods. Legal and
equitable ownership of the goods shall remain with us,
notwithstanding delivery thereof to the Buyer, until such time as
the full price thereof (and any other monies payable hereunder)
has been paid by the Buyer to us. Until such time, the Buyer shall
have possession of the goods as Bailee. We will permit the Buyer
to sell the goods on in the ordinary course of his business
(either separately or as part of constructed products), but in
that event the proceeds of sale thereof will be held by the Buyer
as our Trustee to the extent of the Buyer's indebtedness to us.
Pending any such sale, the Buyer will be obliged to keep the goods
separate from his own goods until the property therein passes to
the Buyer or until the same are sold on to a third party.
11. PASSING OF RISK
Notwithstanding that ownership of the same may
remain with us, as from the time of the delivery of the goods to
the Buyer.
12. MARKS AND NUMBERS
The Buyer shall not remove or otherwise
interfere with the marks or numbers on any goods supplied by us.
13. DEFAULT
If the Buyer makes default in any payment on the
due date or is otherwise in breach of any of these terms, or if
(being an individual) he commits an act of bankruptcy or has a
receiving order made against him or (being a Company) enters into
liquidation (whether compulsory or voluntary) or has a receiver or
manager appointed of the whole or any part of its business or
undertaking or if distress or execution is levied or threatened
upon any of the Buyer's property, then in any such case (and
without prejudice to any other rights we may have):-
(i) we shall be entitled to repossess and
re-sell goods delivered to the Buyer and not paid for in full and
for that purpose to enter upon the property in which they are
situated.
(ii) we shall be entitled to suspend all further
deliveries to the Buyer until the default is made good or to
refuse to deliver any further goods to the Buyer and to re-sell
any further goods ordered by the Buyer whether they are the
balance of any order or the whole part of a further order.
(iii) the Buyer shall in any event be liable to
make good to us our loss or profit on all such goods and all costs
and expenses of repossession, storage, insurance and sale and to
pay to us interest as provided above until actual payment.
14. DEFECTIVE GOODS
(a) If any goods are or become faulty or
defective by reason only of defective materials or faulty
workmanship we will (at our Option) either refund the price of the
goods or replace or repair such goods provided (1) the Buyer has
notified us in writing with full particularity and where possible
independent test evidence within 30 days of delivery and (2) the
Buyer has returned the faulty or defective goods to us within 90
days of delivery. (b) The liability above is to the full extent
the law allows in place of any other conditions or warranties
whether express or implied as to the quality and fitness for
purpose of the goods and
(c) Save as provided above and in Clause 18 we
shall have no liability to the Buyer or any third party in respect
of faulty or defective goods. (d) All products are subject to
their manufacturers warranty save where you have been notified to
the contrary and should be subject to a batch check before use or
installation onto equipment.
15. USE OF GOODS
The Buyer acknowledges that we act solely as a
distributor of electronic products and that the Buyer is
exclusively responsible for detailing the specification of all
goods ordered from us, for ascertaining the use to which they will
be put, and for determining their ability to function for that
purpose. Accordingly (and without limiting the generality of the
previous condition) we have no liability arising out of any advice
given by us to the Buyer relating to its requirements in respect
of any goods.
16. COMPUTER SOFTWARE
Where any goods supplied by us embody, include
or contain computer program(s) and/or related documentation the
copyright in which is owned by a third party, all rights and
liabilities associated with the use and/or reproduction thereof
will be subject to the terms of the applicable end user licence,
to the exclusion of all liabilities and obligations on our part.
17. INTELLECTUAL PROPERTY
The Buyer will indemnify us against all
liabilities for infringement of third party intellectual property
rights arising from our compliance with the Buyer's specific
requirements regarding design or specification for the goods or
arising from the use of the goods in combination with other
products.
18. LIEN
In the event of the Buyer's insolvency we shall
be entitled (in addition to any lien arising by law) to a general
lien on all the Buyer's goods in our possession (although the same
or some of them have been paid for) for any money due in respect
of such goods or in respect of any general or particular balance
or other money due from the Buyer to us, whether under the same or
any other order.
19. LIABILITY
(a) Subject to Paragraph d of this Condition, we
shall not be liable to the Buyer for any indirect or consequential
loss or damage of any kind whatsoever however arising.
(b) In any event subject to Paragraph d of this
Condition our total liability shall not exceed the contract price
as stated in our invoice.
(c) Irrespective of any claim against us all
sums due to us from the Buyer will remain due and owing and the
Buyer shall have no right of set off against sums due to us.
(d) Paragraphs a to c inclusive of this
Condition shall not apply to loss or damage arising out of or in
connection with death or personal injury or loss or damage for
which liability cannot be limited or excluded by law; or
(e) This Condition shall survive the Contract.
20. FORCE MAJEURE
We shall be relieved of all liability for
obligations incurred to the Buyer whenever, and to the extent of
which the fulfilment of such obligation is prevented, frustrated
or impeded in consequence of any statute, rules, regulations,
orders or requisitions issued by any government department,
council other duly constituted authority or by reason of any
strikes, combination of workmen, lockouts, breakdown of plant,
accident, civil commotion, war, force majeure or any other cause
beyond our control.
21. LAW
These conditions and the contract and all
matters pertaining thereto shall be governed by English law, and
the English courts shall have jurisdiction in relation thereto.