In these conditions, unless the context requires otherwise:-
1.1 "Buyer" means the person who buys / agrees
to buy the goods from the seller.
1.2 "Conditions" means the terms and conditions
of sale set out in this document. No variation of these
terms and conditions of sale or any terms supplied with
any order form or other document provided by the Buyer will
be binding unless agreed in writing by both parties.
1.3 "Delivery Date" means the date specified by
the Seller when the goods are to be delivered if appropriate.
1.4 "Goods" means the articles which the Buyer
agrees to buy from the Seller.
1.5 "Price" means the price for the goods excluding
carriage, packing, insurance and VAT; and
1.6 "Seller" means Eurolamp Limited
2.1 These conditions shall apply to all contracts for the
sale of goods by the Seller to the Buyer to the exclusion
of all other terms and conditions including any terms and
conditions which the Buyer may purport to apply under any
purchase order, confirmation of order or similar document
save for any variations agreed in writing by the parties
2.2 All orders for goods shall be deemed to be an offer
by the Buyer to purchase goods pursuant to these conditions.
2.3 Acceptance of delivery of the goods shall be deemed
conclusive evidence of the Buyer's acceptance of these conditions.
3.1 The price shall be either
the Seller's quoted price or, if applicable, the price subject
to any special discount if that has been offered. The price
is exclusive of VAT which shall be due at the rate in force
on the date of the Seller's invoice.
3.2 Payment of the price and VAT shall be due within 30
days of the date of the invoice.
3.3 Provided no other payments are due from the Buyer to
the Seller, the Buyer shall be entitled to a prompt payment
discount in accordance with the terms of the Seller's invoice.
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3.4 Interest on overdue
invoices shall accrue from the date when payment becomes
due from day to day until the date of payment at the rate
of 2% above Barclays Bank plc's base rate from time to time
in force and shall accrue at such a rate after as well as
before any Judgment.
3.5 The Seller will accept payment by cheque, bankers draft,
bank transfer or cash.
4.1 The quantity and description of the goods shall be as
set out in the Seller's quotation.
5.1 The Seller warrants that the goods supplied will at
the time of delivery correspond to the description given
by the Seller. Except where the Buyer is dealing as a consumer
(as defined in the Unfair Contract Terms Act 1977 Section
12 and/or the Unfair Terms in Consumer Contracts Regulations
1999 Regulation 3.1) all other warranties or terms relating
to fitness for purpose, quality or condition of the goods,
whether express or implied by statute or common law or otherwise
are excluded to the fullest extent by law. The Buyer acknowledges
that the Buyer has not relied upon the Seller's skill and
judgment in deciding whether the goods are reasonably fit
for any purpose for which the Buyer intends to use them.
6.1 The goods shall remain the property of the Seller until
payment has been received in full.
6.2 Until ownership of the goods has passed to the Buyer
the Buyer shall, at all times after receipt, identify the
goods as the Seller's property including keeping the goods
properly stored and protected and insured for the full purchase
price against all risks and for the benefit of the Seller
and without prejudice to Clause 6.4 below in the event of
non-payment give the Seller a licence to enter the Buyer's
property to recover the goods.
6.3 Where after non-payment of the goods the Seller requests
the return of the goods from the Buyer, the Buyer shall
immediately return such goods to the Seller at the Buyer's
expense.
6.4 If the Seller deem it necessary to instruct a professional
collection agency or solicitors to recover an overdue debt
and/or the goods, the full costs of recovering the outstanding
monies, including all accrued interest and associated professional
fees will be borne by the Buyer.
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7.1 Where the contract includes
delivery, the risk of loss or damage will pass to the Buyer
at the time of delivery.
7.2 Where the goods are to be collected, then risk of loss
or damage to the goods shall pass to the Buyer upon collection
by the Buyer or the Buyer's authorised agents.
7.3 Where goods are to be delivered, delivery of the goods
shall be made to the Buyer's address on the delivery date.
The goods may be delivered in advance of the delivery date
upon the giving of reasonable notice to the Buyer. The Buyer
shall make all arrangements to take delivery of the goods
whenever they are tendered for delivery.
8.1 The Buyer shall be deemed to have accepted the goods 24
hours after delivery to the Buyer.
8.2 After acceptance, the Buyer shall not be entitled to reject
goods which are not in accordance with the contract.
The Buyer may not assign any of its rights or obligations
under this Agreement without the Seller's specific written
consent.
10 The Seller shall not be liable in respect of any breach
of this Agreement due to any cause beyond its control including
act of God, war, civil disturbance, malicious damage, strike,
lock out industrial action, fire, flood, drought, extreme
weather conditions compliance with any law or governmental
order, rule, regulation, direction or other circumstances
beyond the reasonable control of the Seller.
11.1 Where the Buyer rejects any
goods, then the Buyer shall have no further rights whatever
in respect of the supply to the Buyer of such goods or the
failure by the Seller to supply goods which conform to the
contract of sale.
11.2 Where the Buyer rejects any goods, then the Buyer shall
have no further rights whatever in respect of the supply to
the Buyer of such goods or the failure by the Seller to supply
goods which conform to the contract of sale.
11.3 Where the Buyer accepts or has been deemed to have accepted
any goods, then the Seller shall have no liability whatever
to the Buyer in respect of those goods.
The Contract is subject to the law of England and Wales. |
