6 Delivery
6.1 Whilst every reasonable effort shall be made to keep to any estimated delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
6.2 Notification of delivery may be made by telephone call/message, email, fax or by post on the due date.
6.3 A carrier’s first attempt to deliver shall be considered as the delivery date and unless otherwise agreed in writing by the Seller all deliveries can take place up until 6 pm.
6.4 Unless otherwise agreed the Seller may deliver by instalments and in such case each instalment shall be treated as a separate contract and any delay, default or non-delivery in respect of any instalment by the Seller shall not entitle the Buyer to cancel the remainder of the contract.
6.5 Failure by the Buyer to pay for any instalments or delivery when due shall entitle the Seller to withhold any further deliveries and the Buyer shall be liable for any costs incurred by the Seller relating to such Goods.
6.6 Delivery of the Goods shall be made to the Buyer’s address and the Buyer shall make arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.7 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control) then, without prejudice to any other right or remedy available to the Seller, the Seller may:
6.7.1 store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
6.7.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the contract or charge the Buyer for any shortfall below the price of the contract.
6.8 The method of despatch for all sales shall be at the Seller’s discretion.
6.9 The Seller’s delivery charges and the timing of all deliveries shall be as published from time to time. Any promotional offers in respect of delivery charges shall only apply to UK mainland and Northern Ireland.
6.10 A delivery insurance charge, as published from time to time, shall be added to orders at the Seller’s discretion and is non-refundable.
7 Ownership and Risk
7.1 The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller’s premises at the Buyer’s request.
7.2 The Seller remains the owner of the Goods affected by the contract until the Seller has been paid in full in cash or cleared funds for such Goods and all other Goods agreed to be sold by the Seller to the Buyer for which payment is due.
7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property.
7.4 If any payment due under these Conditions is overdue in whole or in part, the Seller may without prejudice to any of its other rights recover and/or re-sell the Goods or any of them and may enter on the Buyer’s premises by its servants or agents to recover the Goods and the Buyer shall be liable for all the Seller’s costs of so doing.
7.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) immediately become due and payable.
7.6 In case of software supply such as EasyDisplay POS Software, the buyer is licenced to use the software only but is not allowed to develop, customise interface sell or resell software as part of solution without further agreement. Buyer is also not allowed to decompile software or copy its structure, design or its coding or will not release the software contents to third parties.
8 Warranties and Liabilities
8.1 Subject to the conditions set out below the Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
8.2 The above warranty is given by the Seller subject to the following conditions:
8.2.1 the Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer;
8.2.2 the Seller shall not be under liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller’s written approval;
8.2.3 the Seller shall be under no liability under the above warranty (or any other warranty, conditions or guarantee) if the total price for the Goods has not been paid by the due date for payment;
8.2.4 Where the Goods are covered by manufacturer’s warranties, details of which will be supplied to the Buyer on delivery of the Goods the Buyer shall only be entitled to the benefit of such warranties or guarantees as are given by the manufacturer to the Seller.
8.3 Buyers of for example HP (Hewlett Packard) products are supplied with HP Warranty (“the standard Warranty”) by the Seller, details of which are included with delivery of the system or unit. Where there are any conflicting terms with these Conditions, the HP warranty shall prevail.
8.4 Subject as expressly provided in these conditions and except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, section 12) all warranties, conditions, or other terms implied by statute, common law or otherwise are excluded to the fullest extent permitted by the law.
8.5 Where Goods are sold to a consumer (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these Conditions.
8.6 Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be held responsible for any incompatibility issues or held liable to the Buyer by reason of any representation (unless fraudulent) or any implied warranty, condition, or other term or any duty at common law or under the express terms of the contract, for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer including, without limitation, losses or damages of the types listed below:-
8.6.1 loss of profit; and/or
8.6.2 loss of anticipated savings.
8.6.3 loss of business and/or goods; and/or
8.6.4 loss of revenue; and/or
8.6.5 loss of contract; and/or
8.6.6 loss of goodwill; and/or
8.6.7 loss of use; and/or
8.6.8 loss and/or corruption of data and/or other information; and/or
8.6.9 downtime; and/or
8.6.10 any damage relating to the procurement by you of any substitute hardware or software.
8.7 The entire liability of the Seller under or in connection with the contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
8.8 Bureau Work: Where there is delivery of service, installation, production or print of drawing or design work or any other cad or graphic bureau service work involved, every effort is made to avoid technical errors before delivery. The client or buyer must ensure and check all the delivered work, or service, computer files before processing job further into line.
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