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| TERMS AND CONDITIONS
OF TRADING |
1. GENERAL INTERPRETATION
"The Company " - means 6 Degrees of Freedom
Ltd
"The Conditions" - means the terms and conditions
set out below and which save where agreed between the
parties to the contrary in writing shall apply to all
contracts between the parties for the supply of goods.
"The Contract" - means the contract between
the Company and the Customer into which these conditions
are incorporated.
"The Customer" - means the person, firm or
company with whom the Contract is made
"The Goods" - means the goods described in
the quotation or subsequently supplied to the Customer
by the company.
"The Order" - means the written or oral order
made by the customer
"The Quotation" - means the written or oral
quotation made by the Company to the Customer or to
others on the Customer's behalf (and shall include the
Company's Price List for the time being in force).
2. Quotations and Orders
a) All quotations made by the company shall be deemed
to include these conditions except insofar as they are
inconsistent with any special written terms or conditions
contained in the quotation.
b) Orders may be placed by mail, in person, telephone
or fax.
c) Cancellation or deferment of the Contract by the
customer will be a breach of contract and the Company
shall be entitled to charge the Customer for all costs
incurred by the Company as a result of such cancellation
or deferment.
d) No variation of the Contract shall become binding
unless confirmed and accepted in writing by the Company.
3. Prices and Payment.
a) All prices are those in force at the date of the
invoice.
b) All prices quoted do not include VAT or any other
taxes or duties applicable
c) The Company shall be entitled to vary it's price
list at any time and from time to time without prior
notice to the customer.
d) VAT and any other applicable taxes or duties will
be charged at the rate ruling at the date of invoice.
e) Invoices are payable at net 30 days from the date
of invoice. No discounts other than those shown on the
invoice are given or may be taken.
f) If payment of any invoice is not made by the due
date then interest may be charged from the date of invoice
until the date of payment at 3% above National Westminster
Plc. bank rate.
g) The Customer shall not be entitled to withhold payment
of any amount payable under the Contract to the Company
because of any disputed claim of the Customer in respect
of faulty Goods or any other alleged breach of contract
or otherwise nor shall the Customer be entitled to set
off against any amount payable under the Contract to
the Company any monies which are not then presently
payable by the Company or for which the Company disputes
liability.
h) a 20 % surcharge will be added to accounts passed
out for collection.
i) All invoices are to be paid in UK sterling unless
alternative arrangements have been agreed between the
Customer and the Company.
4 . Delivery
a) The Company will use its reasonable endeavours to
complete delivery on or before any delivery dates requested
by the Customer or estimated by the Company but will
not be liable for any delay in delivery.
b) The company reserves the right to supply part quantities
of any order as and when available and to deliver the
balances at a later date.
c) The Company may withhold delivery of all or any part
of the order without notice if the Customer has failed
to pay promptly for all Goods supplied under a previous
order or may require payment prior to delivery if the
Company shall have any reasonable doubt as to the financial
position of the Customer.
d) The quantity of the Goods delivered under the Contract
shall be recorded by the Company upon despatch from
the Company's warehouse and the Company's record shall
be accepted by the customer as conclusive evidence of
the quantity delivered.
e)It is the Customers responsibility to notify the Company
if the Goods have not been received by the customer
within seven days of the date of the receipt of the
Company's invoice. If no notification is made, the Customer
shall be deemed to have received the goods.
5 Returned and Damaged Goods
a) Following delivery of an order, Goods may not be
returned without authorisation by the Company. In the
event of defective or damaged Goods, the Company must
be informed within three days of receipt of the order,
otherwise a credit may be refused.
b) Goods returned for credit with the Company's authorisation
which are undamaged and which have been properly delivered
in accordance with the Customers order and which will
be subject to a charge of 15% of invoice price to cover
inspection and repackaging.
c) Any Goods returned without authorisation or damaged
or destroyed during return must be paid for in full.
d) No Goods may be returned to our sales representatives
without prior written confirmation.
6. Retention of Title
When delivered Goods shall be held by the Customer as
the Company's bailee until all monies due from the Customer
to the Company in relation to such Goods have been paid
and the Goods delivered but not paid for shall be separately
stored so as to be readily identifiable by the Company.
Until such payment in full is made the Company shall
retain ful legal and equitable title to the Goods and
the Company shall be entitled to enter on any premises
of the Customer for the purpose of removing the Goods.
7. Copyright
a) The copyright in and all other rights in Goods supplied
to the Customer by the Company shall be and remain vested
in the Company or in the copyright owner shown on the
goods. The Customer shall not mount, frame or otherwise
package any of the Goods in any way which might indicate
to a purchaser that the Customer is the owner of any
copyright in the Goods or alter or market the Goods
in any manner which might infringe the copyright or
any other intellectual property rights of the copyright
owner or of any third party.
b) If any claim shall be made against the Customer that
any Goods supplied infringe the copyright in any other
right of any third party the Customer shall promptly
notify the Company thereof and the Company shall be
entitled to conduct all negotiations for the defence
or settlement of any such claim. The Customer shall
afford all reasonable assistance to the Company in contesting
any such claim and shall not make any admissions which
may be prejudicial to the defence thereof.
8. Liability.
Except as may be otherwise required by law the Company
will accept no liability to the Customer or its customers
under any so called "product liability laws"
in force at any time in any part of the world nor shall
the Company be liable to the customer or to any one
else for any incidental or consequential damage or any
loss or business or property.
9 . Law and Jurisdiction
The Contract shall be deemed to be made in England.
All Contracts made between the Company and the Customer
shall be governed by the laws of England and any dispute
arising therein shall be subject to the sole jurisdiction
of the English courts
10.Termination of a Contract
Either party , the Company or the Customer , has the
right to terminate a contract providing one months notice
has been given in writing.
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