1. Save any for variation permitted by this clause all the terms of the contract between “the Customer” and “the Company” ‘’The Contract’’ for the supply of goods ‘’the Goods’’ arising from the document shall govern “the Contract” to the exclusion of any other terms and conditions and no variation to the terms and conditions in this document shall be binding unless agreed in writing between “the Company” and “the Customer”.
2. Anydates quoted for delivery of “ the Goods” are approximate only and “the Company” shall not be liable for any delay in delivery of “the Goods” howsoever caused. Time for delivery shall not be of the essence. “The Goods” may be delivered by “the Company” in advance of the quoted date upon giving reasonable notice to “the Customer”.
3. In the event of payment from “the Customer” being dishonoured or cancelled, “the Company” reserve the right to make an appropriate charge. Payment is not deemed to be received until the funds have been cleared. “The Goo ds” cannot be dispatched until payment has cleared. Time of payment shall be of the essence of “the Contract.”
4. Without prejudice to any other rights of “the Company” if “the Customer” fails to pay an invoice by the date herein “the Customer” shall pay interest on any overdue amount from the date specified of which payment was due to that on which it is made (whether before or after judgment) on a daily basis at the rate of 4% p.a. over the prevailing base rate of the Barclays Bank, and shall reimburse to “the Company” all cost and expenses (including legal costs) incurred in the collection of any overdue amount and “the Company” shall be entitled to cease or suspend work on all or any other contracts which it has with “the Customer”.
5. “The Company” shall have no liability to “the Customer” (other than liability for death or personal injury resulting from “the Company’s” negligence) in respect of any defect (whether latent or patent) in respect of all or any of “the Goods” nor for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of “the Contract” or any negligence of statutory or other duty on the part of “the Company” or in any other way out of or in connection with the performance or purported performance of or failure to perform “the Contract” except in accordance with this term.
6. Under no circumstances shall “the Company” be liable for any claim made by “the Customer” for consequential or economic loss or damage.
7. Until such time as “the Customer” shall have paid to “the Company” all Monies due:- “The Customer” acknowledges that he is in possession of the goods solely as bailee for “ the Company” and if so required shall store the goods separately from his own goods and in such a fashion as to be readily identifiable by “the Company”.
8. Upon delivery of “the Goods” the risk shall pass but the title shall remain with “the Company” until such time as “the Customer” shall have paid to “the Company” all Monies due under the invoice for these good s, or any other invoice from “the Company”.
9. If “the Customer” shall commit any breach of the contract or become insolvent or unable to pay its debts or commit any act of bankruptcy or (being a Limited company) go into liquidation other than a voluntary liquidation for the purpose of amalgamation or reconstruction only or have a receiver appointed over its undertaking or assets or a substantial part thereof or have an execution levied upon its goods or assets “the Company” may, without prejudice to any other right or remedy which “the Company” may lawfully enforce or exercise, without notice, suspend or determine “the Contract” and stop any of the goods in transit and whereupon “the Customer” shall place “the goods” and new products at the disposal of “the Company” and permit “the Company” or its agents to enter upon any property for the purpose of removing such goods and new products such permission to include severance where necessary from reality.
10. In the unlikely event of goods being damaged in transit “the Customer” must mark the carriers delivery advice as “damaged”. Any such damage or defects shall be reported to “the Company” within 7 days in writing. Return of such goods will only be accepted with an goods return number. Should re turned goods not be defective a 20% charge will be made for re stocking. Hardware, software and CD ROMS are non returnable.
11. “The Company” reserves the right to make any changes in the specification of the goods which are required to conform with any applicable safety or other statutory requirements or where the goods are to be supplied to “the Company’s” specification which do not materially affect their quality or performance.
12. English Law shall govern the Contract and parties hereto consent to the non-exclusive jurisdiction of the English Courts in all matters regarding “the Contract”.
13. All invoices are NETT and payable not later than 30 days from the date of invoice.
14. W e w ill make a search with a credit reference agency, which will keep a record of that search and will not share that information with other businesses. We may also make enquiries about the principal directors with a credit reference agency. Customer information will be stored by “The Company” and credit information may be shared for monitoring and administration purposes with trade associations, buying groups and credit reference agencies.
15. It is the responsibility of ‘’the Customer’’ to carry out a proper inspection of installed signage annually to ensure the continued maintenance of the sign for health and safety purposes.
16. The following expressions have t he following meanings: “The Company”: Limited “The Customer”: the party who contracts with ‘’the Company’’ for the sale of the goods by ‘’the Company’’. “The Contract” The offer by “the Company” to supply “the Goods” to “the Customer” subject to the above conditions “The Goods” Materials ,equipment or services supplied by “the Company” to “the Customer”, subject to “the Contract”