1. ACCEPTANCE OF ORDER
(a) Orders are subject to the conditions of sale here specified and any conditions on the Buyers documents which are at variance thereto shall only apply if the Company agrees in writing.
(b) Any and all queries regarding the price charged for the goods, delivery, payment terms, or any dispute for any reasons must be notified to the Company in writing within a period of 3 days from the date of delivery of the goods or the invoice date.
2. CANCELLATION OF ORDER
After acceptance by the Company of the Buyers Order and prior to delivery of the goods the Buyer shall be entitled to cancel his order upon payment of a cancellation fee at the relevant percentage shown below of the retail price of the goods and such sum shall be the limit of the Buyers liability.
(a) Where order cancelled 7 days or more before delivery date 10%.
(b) Where order cancelled within 7 days of delivery 15%.
The company will not accept cancellation of any order for a non-standard product (in other words a product either indicated as such, special order, or a product not included in the Company’s printed recommended retail price list for the time being in force).
30 days from date of invoice, unless by Special Arrangement. Any discounts offered are allowable only when payment is received within the said terms. The Company reserves the right to charge interest at a rate of 2% monthly together with any costs of collection from time to time on overdue accounts.
Delivery will be made within the quoted time wherever possible, but the Company shall not be responsible for failure to fulfil any terms of this Agreement if fulfilment has been delayed, hindered or prevented by any circumstances whatsoever, which are not within their immediate control and cannot be prevented by reasonable diligence on the part of the Company.
Any claim for short delivery or damage must be made to the Company in writing within 24 hours of the date of invoice and in the case on non-delivery in writing within 7 days of the date of invoice. Failure to make such a claim within the time specified will preclude the customer from making any claim or set off against the Company in respect of the above and the invoice shall be and remain due and payable. In case any claim shall lie against the Company for non-delivery, short delivery or damage of goods howsoever caused, the Company shall not be liable for more than the invoice value of the items in question or for any indirect or consequential loss or damage.
5. OWNERSHIP PASSING OF PROPERTY
(a) The goods shall remain the sole and absolute property of the Company as legal owner until such time as the Buyer shall have paid to the Company the agreed price together with the full price of any other goods the subject of any other contract with the Company.
(b) The Buyer acknowledges that the Buyer is in possession of goods solely as bailee for the Company until such time as the full price thereof is paid to the Company together with the full price of any other goods which are the subject of any other contract with the Company.
(c) Until such a time as the Buyer becomes the owner of the goods, the Buyer will store them on his premises separately from the Buyer’s own goods or those of any other person and in a manner which makes them readily identifiable as the goods of the Company.
(d) The Company reserves the right to sue for the full list price of the goods together with the full list price of any other goods which are the subject of any other contract with the Company, notwithstanding that property in the goods or any other goods as aforesaid shall not have passed to the Buyer by reason of any of the foregoing provisions of this clause.
(e) Notwithstanding that the property in the goods shall remain with the Company until payment, the risk of any loss or damage to or deterioration of the goods from whatever cause shall be borne by the Buyer from the time of receipt of the goods by the Buyer.
6. CONDITIONS AND WARRANTIES
(a) Any Statements, Representation, Conditions and Warranties made to the Buyer before acceptance of an Order by the Company, other than those in writing, are excluded or extinguished and do not form part of and are not collateral to the Contract.
(b) No Condition, Warranty or Representation as to the description, conditions, quality or fitness for purpose, whether collateral to the Contract or otherwise, is given or deemed to have been given or implied, and any statutory or other Conditions, Warranty or Representation (other than as provided by Section 12 of the Sale of Goods Act 1979) whether express or implied and whether collateral to the Contract or otherwise, is hereby excluded and extinguished. In any case where these terns conflict with other provisions of the Sale of Goods Act 1979 or any subsequent modification or re-enactment thereof, these terms shall prevail.
The Company may without notice alter the specification of any article and provided such altered specification substantially corresponds with the description of any articles sold be description, and provided that the quality of fitness of any article whose specification is so altered is similar to that of the article originally specified, no liability shall attach to the Company in respect of such alteration nor shall the customer have any right to reject any goods whose specification is so altered.
(c) All Vistaplan products are supplied with a full 12 month warranty.
7. LIABILITY AND LIMIT THEREOF
(a) The Company shall not be responsible for damage, injury or loss of any kind whatsoever to any property or persons or products howsoever caused save for the death or personal injury resulting from its own negligence arising from the use of the goods by the Buyer or by any other person notwithstanding that the goods are being used in conformity with the Company’s recommendations and the Company’s liability shall be limited save in any case of death or personal injury resulting from its negligence to replacement of the defective goods as herein referred to.
(b) The Buyer shall indemnify the Company in respect of all damage and injury occurring to any person or property and against all actions, suits, charges, claims, demands, proceeding or expenses in connection therewith for which the Company may become liable in respect of goods sold to the Buyer in the event that the damage or injury shall have been occasioned by the Buyer, his servants or agents.
(c) The Company shall not in any circumstances be liable for indirect or consequential loss arising from or attributable to it’s acts, defaults or failure to carry out the contracts.
This contract is governed by and shall be construed according to English Law.
References in this document to “he” should be taken as referring equally to males and females.