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GENERAL
United (2008) LLP. (hereinafter referred to as “the
Company”) quote for and accept all orders subject only to
these Terms and Conditions which are, to the extent
permitted by law, to the exclusion of all other guarantees,
conditions and warranties (including any as to quality or
fitness for any particular purpose) whether express or
implied. In the event of customers' orders containing terms
or conditions inconsistent with these Terms and Conditions,
the latter shall prevail. No addition to or variation from
these Terms and Conditions shall have effect unless the same
is expressly accepted by a Director of the Company in
writing. The Company's catalogue, price lists and other
advertising matter shall not form part of any contract
between the Company and its customers. The Company reserves
the right to modify designs and specifications without prior
notification.
ACCEPTANCE OF ORDERS
Delivery by the Company of any goods ordered shall in all
circumstances constitute the Company’s acceptance of that
order.
DELAY
Although all reasonable efforts will be made to fulfil
delivery dates, such dates being indicative only, no
liability arising from delay or non-delivery is accepted by
the Company.
COMPANY’S LIMITATION OF LIABILITY
To the extent permitted by law, the Company's liability to
the customer is limited to the value of the goods giving
rise to any claim and in no circumstances will the Company
be liable for indirect or consequential loss or loss of
profit.
PRICES
Prices rule at date of delivery notwithstanding any
quotations previously made, which are indicative only.
PAYMENT
All accounts are due for payment 30 days from the date on
which the invoice was raised PROVIDED THAT if any invoice
has not been paid by a customer within such 30 days period
then the Company may by written notice to the customer
declare that all invoices due in respect of that customer
are payable forthwith and such 30 day period for payment
shall no longer apply. At the Company's discretion any
allowance / discount offered on an account may be disallowed
if the account is not settled within the said period and
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prejudice to the Company's
rights at law any sums overdue for payment may be subject to
interest at the rate of 5% per annum above the base rate of
National Westminster Bank PLC and the Company shall be
entitled to recover any costs which it incurs in taking
steps to recover any overdue sums.
CLAIMS
Non-delivery should be advised in writing to the Company
within 7 days of despatch date or date of invoice, whichever
is the earlier.
Shortages or damage to goods must be notified in writing
within 3 days of receipt, but in these circumstances goods
must have been signed for as damaged or un-examined.
CANCELLATIONS
Cancellations of items which the customer has been advised
are 'special items' cannot be accepted and in any other
event only with the specific written consent of a Director
of the Company provided always that if goods are despatched
from the Company's premises prior to receipt of written
notice requesting cancellation of order, handling and
transportation costs will be charged
OWNERSHIP
Risk in goods passes on delivery, with the customer holding
such goods as bailee and title remaining with the Company
unless and until all monies due from the customer to the
Company for such goods are paid. The Company reserves the
right to recover and repossess goods and dispose of goods as
it sees fit in the event of payment not being made pursuant
to the terms hereof.
RETURNS
Returns of goods which the customer has been advised are
'special items' cannot be accepted as these are
non-returnable and non-refundable. For all other goods
returns cannot be accepted unless authorised in writing by a
Director of the Company. The Company recommend that
customers arrange for goods being returned to be insured and
carefully packed. When the Company agrees to accept the
return of goods, these must be returned at the customer's
expense, be in perfect condition and may be subject to a
handling charge at the Company’s discretion.
PACKING
Where at the customer's request, special handling, packaging
or transportation of goods is required, this will only be
done at the customer’s expense. |
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BESPOKE
PRODUCTS
Where the customer has requested the Company to stock
bespoke products (being products produced / customised for
that customer) , whether or not paid for in advance, and
such bespoke products then become obsolete (being either
when the customer notifies the Company of such or the
Company notifying the customer of zero usage of such bespoke
product for a period of six months), then the customer shall
undertake to purchase the stock of obsolete product
immediately, if not previously paid for, and shall either
have such stock delivered to the customer’s address, or pay
the Company to arrange for the disposal thereof, or pay the
Company, at the monthly rate notified by the Company, for
the continued storage thereof. The Company also reserves the
right to require the customer to purchase the stock of
bespoke product immediately, if not previously paid for, on
the same terms as set out in the foregoing sentence, if in
the Company’s opinion the customer’s orders of all products
from the Company have materially decreased over a period
determined by the Company.
CONFIDENTIAL INFORMATION
The customer shall treat as strictly confidential and not
divulge to any third party (i) any user names or passwords
used in connection with the Company’s online ordering
system(s), (ii) all information provided by the Company by
way of price lists, transactional volumes and other reports
and (iii) any other information provided by the Company and
marked as being confidential (or word(s) having similar
effect). Furthermore, the customer undertakes to procure
that its authorised users of the Company’s online ordering
system(s) shall not divulge or allow to be divulged any
passwords or other online ordering access information to any
other person whatsoever.
GOVERNING LAW
All orders placed by customers and any other agreements
between the customer and the Company shall be subject to the
laws of England whose courts shall have exclusive
jurisdiction.
THIRD PARTIES
No person other than the Company and the customer has any
rights under these Terms and Conditions (and any agreement
incorporating the same) pursuant to the Contracts (Rights of
Third Parties) Act 1999.
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