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Terms
Telephone Engineer Coventry
- Terms and Conditions
1. These
conditions apply to all offers; quotations and sales by Telephone Engineer Coventry
of any goods to any purchaser or potential
purchaser, (the "Purchaser").
2. A quotation; by Telephone Engineer Coventry
does
not constitute an offer and may be withdrawn or revised at any time
prior to Telephone Engineer Coventry
acceptance of the Purchasers order. Any order placed
by the purchaser with Telephone Engineer Coventry
(whether or not in response to a
quotation) shall constitute or be deemed to have constituted an offer
to Telephone Engineer Coventry
to purchase goods on these
conditions. Telephone Engineer Coventry
have full discretion in
accepting or rejecting any order.
3. The prices payable for
goods; shall be those contained in Telephone Engineer Coventry
price list for such goods in
effect at the time of dispatch, unless otherwise agreed in writing and
countersigned by an authorised representative of Telephone Engineer Coventry.Telephone Engineer Coventry
shall have the right at any time to withdraw any
discount and / or to revise prices to take into account increases in
costs including (without limitation) costs of any goods, materials,
carriage, labour or overheads or the increase or imposition of any tax
duty or other levy and any variation in exchange rates. Unless
otherwise specified prices quoted are quoted exclusive of the costs of
transport, insurance, value added tax, withholdings, customs duties and
all other taxes and charges (all of which shall be payable by the
Purchaser).
4. Terms of Payment; Unless otherwise agreed in
writing the purchase price for each order shall be paid in full upon
delivery. Telephone Engineer Coventry
is entitled to, at its sole option to require
earlier payment of all or part of the purchase price of any order,
including full payment at the time the order is placed. No counter claim
or set-off by the purchaser may be deducted from any payment due on any
account what so ever without the written consent of Telephone Engineer Coventry. If Purchaser fails to make any payment when due,
Telephone Engineer Coventry
is entitled without judicial intervention,
to require immediate payment of all outstanding orders, deem the
related order and all other orders by Purchaser canceled or to delay on
such orders without prejudice to Telephone Engineer Coventry
other
rights or remedies (including the right to recover damages). Any
extension of credit allowed to the purchaser may be changed or
withdrawn at any time, Interest shall be payable on overdue amounts
accruing on a daily basis at the rate of 3% over HSBC PLC base rate
from time to time to run from the due date for payment until receipt by
Telephone Engineer Coventry
of the full amount whether before or after
judgment. The Purchaser shall indemnify Telephone Engineer Coventry
on
demand against any out of pocket expenses incurred in relation to the
recovery of any overdue amounts.
5. Delivery, Risk and Returns;
Delivery dates supplied in any quotation, order acceptance form or
elsewhere are approximate and not of any contractual effect. Telephone Engineer Coventry
shall not be under any liability to the purchaser
in respect of any failure to deliver on any particular date or dates
nor shall delay in delivery be a basis for cancellation of any order by
Purchaser. Unless otherwise agreed in writing, Telephone Engineer Coventry
shall be
entitled to deliver the goods by installments. In such cases each
installment shall constitute a separate contract and any defect in any
one or more installments shall not entitle the Purchase to repudiate
the contract as a whole or to cancel any subsequent installment. Save
as otherwise provided in these conditions, risk of loss, of or damage
to the goods shall pass to the Purchaser on delivery to their premises
as stipulated in their order or when placed in their possession or that
any carrier or transport provided by the Purchaser, whichever shall
occour first. Telephone Engineer Coventry
shall be under no obligation to accept return of
any equipment. If Telephone Engineer Coventry
should offer to accept
return of equipment that is not faulty then it shall do so on the terms
that the customer shall pay a sum in respect of the costs so incurred
equal to 30% of the full invoice value.The Purchaser has the right to
cancel their order up to the day of dispatch if the goods unless it has
been agreed in writing before hand that there is no right to cancel in
the event of non-standard items being procured by Telephone Engineer Coventry
as part or
all of the shipment - in the case of cancellation for non-standard
items Telephone Engineer Coventry
will charge the full cost of the goods and any
additional charges incurred. Faulty Goods - If goods are found to be
faulty within the manufacturers warranty period the purchaser should
contact Telephone Engineer Coventry
to advise of the fault. Telephone Engineer Coventry
will then advise the Purchase the corrrect proceedure for the return of
the faulty item to the manufacturer for repair or replacement under the
manufacturers warranty terms. Faulty goods that are covered under a
seperate maintenance contract will be dealt with under the terms of the
maintenance contract.
6. Retention of Title Until Payment; Title
of the goods supplied pursuant to any one order shall not pass to the
Purchaser until payment in full of the price due and payable to
Telephone Engineer Coventry
in respect of the same order (including
any interest or other payment due in respect of these goods). If any
sum paid by the Purchaser is less than all the amounts the due to
Telephone Engineer Coventry
, Telephone Engineer Coventry
may (not with standing any
direction to the contrary by the Purchaser) apply that sum to amounts
due in respect of goods which have at that time been re-sold or
otherwise disposed of by the Purchaser, before applying any part of
that sum to goods still in the Purchasers possession. Until payment has
been made in full for any goods the Purchaser shall have possession of
those goods as bailee for Telephone Engineer Coventry
and shall store
the goods in such a way as to enable them to be readily identified as
the property of Telephone Engineer Coventry, and keep proper and
accurate records to enable Telephone Engineer Coventry
to distinguish
goods for which payment has been made in full from those goods for
which payment is outstanding. Telephone Engineer Coventry
reserves the
right to repossess any goods in respect of which payment is overdue and
there after to re-sell the same and for this purpose the Purchaser
hereby grants an irrevocable right and license to Telephone Engineer Coventry
servants and agents to enter upon all or any of its
premises with or without vehicles during normal business hours. The
provisions of this condition shall continue in force not with standing
termination of the contract how so ever caused.
7. Force
Majeure; Telephone Engineer Coventry
shall not be liable to the
Purchaser for any loss or damage which may be suffered by the Purchaser
as a direct or indirect result of the supply of goods by Telephone Engineer Coventry
being prevented hindered delayed or tendered
uneconomic by reason of circumstance or events beyond Telephone Engineer Coventry
reasonable control including but not limited to Act
of God, war, riot, strike, lock-out, trade dispute or labour
disturbance, accident, break down of plant or machinery, fire, flood,
storm, difficulty or increased expense in obtaining work men materials
or transport or other circumstances affecting the supply of goods or of
raw materials there of fromTelephone Engineer Coventry
normal source of
supply or the manufacture of the goods by Telephone Engineer Coventry
normal means or the delivery of goods by Telephone Engineer Coventry
normal means of delivery.
8. Waiver Failure; by Telephone Engineer Coventry
to exercise or enforce any rights here under shall
not be deemed to be a waiver of any such right nor operate so as to bar
the exercise or enforcement thereof at any time or times there after.
9.Severability; to the full extent possible each provision of these
Conditions shall be construed in such fashion as to be effective and
valid under applicable law. If any provision is declared void, illegal
or unenforcable by a court of competent jurisdiction with respect to
particular circumstances such provision shall remain in full force and
effect in all other circumstances. If any provision is declared
entirely void illegal or unenforceable by a court of competent
jurisdiction, all other provisions of these conditions shall remain in
full force and effect.
10. Assignment the Purchaser; may not
without the prior written consent of Telephone Engineer Coventry
assign all or any of its rights under any contract incorporating these
Conditions.
11. Notices & Governing Law; any notice here under
shall be deemed to have been duly given if sent by prepaid first class
post or facsimile to the party concerned at its last known address.
Notices sent by first class post shall be deemed to have been given 24
hours after dispatch and notices sent by facsimile shall be deemed to
have been given on the date of dispatch. All contracts incorporating
these conditions shall be governed by an construed in accordance with
English law and the parties hereby submit to the exclusive jurisdiction
of the English Courts.
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