CONDITION OF SALE |
BETWEEN ALL SYSTEMS SHOP EQUIPMENT ('THE COMPANY') AND THE CUSTOMER ('THE PURCHASER |
1. CONTRACT: A contract shall be made between the Company and the Purchaser upon, receipt by the Company of an order |
placed (Whether orally or in writing) by the purchaser and thereupon the parties shall be bound. No modificaiton of these |
conditions shall be binding upon the Company unless otherwise stipulated herein or agreed to in writing by someone duly |
authorised on behalf of the compnay. No terms, conditions or warranties put forward by the Purchase's order or howsoever |
otherwise. |
2. PRICE VARIATION: All prices quoted shall be subject to market fluctuation and/or chanages in basic national wage rates |
and cost of materials and components. Whilst every effort will be made to maintain prices quoted the Company reserves the |
right to execute orders at published list prices ruling at time of delivery. |
3. PAYMENT: The Company may invoice for the goods when they are collected or delivered at the premises specified by the |
purchaser. Invoices shall become due for payment on receipt of invoice; without reduction or deferment on account of disputes |
or cross claims. If they are not so paid the Company may charge interest at the rate of 3% (per cent) above the current bank |
base rate per Annum. |
4. TRANSFER OF PROPERTY AND RISK: |
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a) Ownership of the goods shall remain with the Company until the goods which are the subject of this contract have been |
paid for in full in accordance with the terms of this Contract. If payment is overdue whether in whole or part the Company |
may, without prejudice to any other right or remedy, recover the goods and resell the same and enter the Purchasers |
premises to retake possession of them for that purpose. |
b) The risk in the goods shall pass to the purchaser on delivery. |
c) Satisfactory performance shall be deemed to have been accepted unless and to the extent that in the case of dis-satisfaction |
the company is notified within 3 days from dispatch and in the case of damage, the goods are signed for as damaged and |
the company is notified within 3 days after delivery. |
5. DELIVERY: The Company will arrange at the expense of the purchaser for delivery of the goods by its own transport or by an |
independent carrier to such destination in the United Kingdom as has been notified to the company by the purchaser, and |
shall invoice the purchaser in respect of the cost of such carriage. The provisions of clause 3 in respect of the time of payment |
and the charging of interest shall also be apply to such invoice. The Company reserves the right to delivery any goods in |
instalments. |
6. DELIVERY DATES: The Company will endeavour to meet delivery dates, but shall be under no liability of any kind if it fails to |
meet such dates whatever the cause of failure and whether such cause is under the company's control or not. |
7. CONSEQUENTIAL LOSS: The Company shall not in any Circumstances be liable to the purchaser in respect of any |
consquential loss (including loss of profit) howsoever arising which the purchaser may suffer by reason of any default by the |
company except where such consequential or indirect loss or damage is caused by the wilful act or default of the company |
it's servants or agents. |
8. SUSPENSION: If the purchaser defaults over payment of any sum under this agreement as and when it becomes due or if |
the purchaser is in breach in any respect of any other provisionss herein contains the Company shall in addition to any and all |
other rights have the right with or without notice to suspend all further services and deliveries until the breach is made good. |
9. FORCE MAJEURE: If manufacture delivery of the goods or performance of services is delayed or hindered in any way by |
a) any Act of God or Government |
b) war (whether declared or not) invasion or other warlike action. |
c) any strike, lock-out other industrial action. |
d) riot or any other civil disturbances or |
e) and other event beyond the Company's control then in any of those circumstances the company may upon reasonable |
notice terminate or amend this contract in such manner as it shall think. |
10. PROPER LAW: The proper law of the contract shall be ENGLISH. The purchaser submits to the jurisdiction of the English |
Courts of Law. |
11. VALUE ADDED TAX: All prices quoted are subject to the addition of Value Added Tax at the appropriate rate ruling at the tax |
point for these supplies. |