The "Customer" means the immediate purchaser of the goods from the Company.
The "Goods" means the Goods and Services, which the Company is to supply in accordance with these terms.
The "Company" means Comtec Services Ltd.
1. Unless otherwise agreed in writing all Orders are subject to the following conditions.
2. Orders are not subject to cancellation by the customer. Cancellation must be agreed by the company and may be subject to a restocking charge levied at the Company's discretion.
3. All goods are supplied at the price and VAT rate current at the date of delivery. Quotations are valid for ten days only after which time they may be altered by the Company without giving notice to the customer.
4. Carriage is charged on all orders under a specified order value. The Customer should contact the Company to be advised of the current prevailing rates.
5. Where credit facilities are granted by the Company payment is due to the company by 30 days following invoice date. Time of payment is of the essence. If payment is not made within 30 days of the date of the invoice, the Company may at its sole discretion extend the payment period to such date, as it considers appropriate. Statutory Interest on overdue accounts will be payable under the Late Payment of Commercial Debts (Interest) Act 1998 from the date the invoice becomes payable.
6. If payment is not made on the due date the company reserves the right to suspend further deliveries to the customer.
7. Dates for delivery quoted by the company are approximate only and the company shall not be liable for any delay in delivery howsoever caused. Delivery time shall not be of the essence and the company shall not be liable for any consequential loss due to delayed delivery however caused.
8. (i) The risk in the goods shall pass to the buyer upon delivery but property in all goods shall remain with the company until payment of all sums due to the company is made.
(ii) The buyer must maintain an accurate and current note in its' accounting records that the goods are the property of the company and shall hold such goods in a fiduciary capacity and as the company's bailee. The customer is responsible for insuring the goods.
(iii) If the customer fails to pay any amount due to the company or is subject of a Bankruptcy Petition or goes into liquidation, makes an arrangement or composition with creditors or has an Administrative Receiver appointed or if execution is threatened or effected then the company, its' servants or agents are hereby authorised to enter upon any premises where its' goods may be for the purpose of recovering all goods supplied by the company.
9) All warranties, conditions or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law.
10) Claims for breakages and short delivery must be notified by telephone within 24 hours and confirmed in writing within three days of delivery; Claims for non-delivery must be made in writing within three days of the date of invoice.
11(i) Subject to the conditions set out herein the Company warrants that the goods will correspond with their specification at the time of delivery and will be free from defects in material or workmanship for a period of twelve months from the date of delivery. The Company's liability for breach of warranty shall be limited solely to replacing or repairing without charge the defective goods.
(ii) The above warranty is given by the company subject to the following conditions:-
a) the customer shall have notified the Company of the defect (s) in writing within seven days of the relevant defect becoming apparent.
b) if requested by the Company, the customer shall have returned such defective goods suitably packaged and at the customers risk describing the circumstances in which such goods became defective.
c) such defect shall have been proved by the customer to be attributable to the Company and to have arisen solely from faulty design materials or workmanship.
d) the Company shall be under no liability in respect of any defect in the Goods arising from any drawing design or specification supplied by the customer.
e) the Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company's instructions (whether oral or in writing), misuse or alteration or repair of the goods without the Company’s approval.
f) the above warranty does not extend to parts, materials, or equipment not manufactured by the Company, in respect of which the Customer shall be entitled only to the benefit of any such warrantee or guarantee as is given by the manufacturer to the Company.
g) if requested by the Company the customer shall provide the Company with proof of purchase of the defective goods.
h) where it is required that the defective goods need to be returned to the manufacturer replacement or repair shall be made when the manufacturer returns the goods to the Customer
12) Any advice or recommendation given by the Company or its employees or agents as to the storage, application or use of the goods which is not confirmed in writing by the Company is followed on or acted upon entirely at the customers own risk, and accordingly the Company shall not be liable for any such advice or recommendation which clerical or other error or omission in any sales literature, quotation, price list. Acceptance of order, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
14) The customer shall indemnify the Company against all damages penalties costs and expenses to which the Company may become liable as a result of work done in accordance with the customer’s specification which infringes any letters patent, copyright or registered design.
15) Upon the happening of any of the events referred to in Clause 7(iii) or if the company reasonably believes that any such event is about to occur or if payment is not made by the due date then, without prejudice to its' other remedies the company shall be entitled to withhold deliveries to the customer and demand immediate payment of all sums then due to the company.
16) These conditions shall form the basis of the contract between the Company and the Customer and shall prevail over any conditions or terms of trading of the Customer.
17) These Conditions shall be construed in accordance with the laws of England and any disputes resolved in the Courts in England.