Conditions Of Sale
INTRODUCTION The Following conditions apply to the sale, loan, hire, servicing or repair of goods supplied, repaired or serviced by Datec Packaging, herein after called ‘the Company’. These conditions supersede any earlier conditions of the Company. No alteration or addition to, nor exclusion of, any part of these conditions shall be applicable unless agreed in writing by a director of the Company.
MEANINGS The word ‘Buyer’ shall include buyer, borrower, hirer, lessee, owner or any other person who is in charge of the goods. The word ‘goods’ shall include equipment including spare parts and other items supplied, repaired, loaned, or hired by the Company.
PRICES AND TERMS OF PAYMENT Charges for goods or services supplied shall be paid in full on or before delivery or completion unless the Buyer has an account with the Company. Where the Buyer has an account, payment shall be made by the last working day of the month following delivery of the goods. If payment is delayed, the Company reserves the right to charge interest on monies outstanding at the rate of 3% above Lloyds TSB PLC base rate per month or part month. The Company may close the Buyer’s account at any time at its discretion.
DELIVERIES Any time named by the Company for delivery is an estimate only, and while every effort will be made to deliver on time, the Company will not be liable for the consequences of any delay. Claims for damage during transit shall be made within 30 days of dispatch of goods.
RETURNS Goods may not be returned to the Company without prior agreement. The Company reserves the right to make a handling and restocking charge of at least 10% on any stock items of goods returned. If special order goods are accepted for return to the original supplier then the company reserves the right to pass on to the Buyer any handling and restocking charge imposed on the Company along with any carriage costs incurred.
GOODS MADE TO BUYER’S PATTERN OR SPECIFICATION (a) If the goods are made to a Buyer’s pattern or specification the Company has the right to supply 10% more or less than the exact quantity ordered. Any excess or shortage will be charged for or deducted pro rata. (b) If the goods are made to the Buyer’s specification the Buyer agrees to indemnify the Company against any loss in respect of proceedings or otherwise resulting from any infringement of any letters patent, copyrights, registered designs, registered trademarks, or any other protection subsisting in favour of any third party in such pattern or specification. (c) Polythene gauges are subject to tolerance of +/- 10%.
RESERVATION OF TITLE (a) Property in the goods shall remain with the Company until it has received payment in full of all the sums which are or may hereinafter be due from the Buyer to the Company in respect of any goods supplied under any contract now or in the future subsisting between them provided that when the goods or any of them are:
!. sold by the Buyer to a third party or,
!! processed or mixed by the Buyer with other goods so that they lose their identity then the property in such goods or part thereof shall thereupon pass to the Buyer and provided further that if the Buyer sells the goods or part of them to a third party the proceeds of such sale shall be held by the Buyer for the Company’s account until the Company has been paid in full.
(b) If payment in respect of the goods is overdue in whole or in part or immediately upon the commencement of any act or proceeding in which the Buyer’s solvency is involved the Company may ( without prejudice to any of its other rights ) recover and/or resell the goods or any of them (provided that property in such goods has not passed to the Buyer under sub-clause (a) (above) and may enter upon the Buyer’s premises by its servants or agents for that purpose.
SPECIFICATION OF GOODS; DEFECTS It is the responsibility of the buyer to examine the goods for defects in materials and/or workmanship which are likely to cause damage or injury. Illustrations, descriptions, weights and measures are to be taken as a guide only, and are not binding in detail. The company reserves the right without notice and without affecting the validity of the contract to make such changes in materials dimensions and designs as are reasonable or desirable.
EXCLUSION OF LIABILITY Whilst every effort is made to supply goods of acceptable quality, the Company expressly excludes any liability in contract, tort or otherwise for any personal injury, loss or damage, financial, consequential or otherwise direct or indirect, of any kind whatsoever or for anything done or omitted in connection with the Company’s products or services.
GUARANTEES Guarantees given shall not be applicable outside mainland UK unless expressly stated otherwise by the Company in writing, any guarantee given will be invalidated if the goods are subject to misuse or accident after the Buyer has taken delivery.
LAW APPLICABLE Any contract or sale made by the Company shall in all respects be construed and operate as an English contract and in conformity to English law.