TERMS AND CONDITIONS OF SALE OF STONELEIGH CONSULTANCY
LIMITED (“THE COMPANY”)
Quotations are made and all orders are accepted subject to the following conditions, notwithstanding anything which may be stated to the contrary on the Buyer’s order form or in correspondence. No terms and/or conditions which the Buyer may seek to impose shall apply or have effect.
The Company reserves the right at any time to refuse orders and cancel any incomplete orders or to suspend delivery due to circumstances outside its direct control. No contract shall arise between the Company and the Buyer unless the Buyer has accepted these Terms and Conditions either expressly in writing or verbally or by implication. The Company may cancel this Agreement by giving written notice in the event that:
(I) any invoices for the sale of the Company goods are overdue for payment beyond the payment period in clause 8.
(ii) the manufacturer of the goods increases the price to the Company prior to the receipt of order.
(iii) for reasons beyond the control of the Company, it is unable to effect delivery following the termination of the manufacturers goods or it is unable to effect delivery due to insufficient supply of goods from the manufacturer.
On giving such notice the Company shall promptly repay to the Buyer any sums paid in respect of the price. The Company shall not be liable for any loss or damage from such cancellation.
A charge of up to 40% of the order price (based on the manufacturer’s restocking charges) will be made should the Customer cancel the order without the agreement of the Company.
- PRICES, PRICE LISTS AND QUOTATIONS
The prices shown on our price lists are those ruling at the time of printing and are therefore subject to alteration up or down without notice. Goods will be invoiced at the prices ruling at the time of delivery. Quotations are made at current prices on an ex-works, ex-VAT basis and are exclusive of the costs of packing, carriage, insurance and unloading. Quotations are for acceptance within 30 days from the date of quotation and unless accepted within that period will be deemed to have been withdrawn.
The delivery period will commence on the receipt by the Company of a written or verbal order, accompanied by sufficient information to enable the Company to proceed with the order. The time for delivery is an estimate only and the Company shall use its reasonable endeavors to supply the goods before the expected delivery date. The place for delivery of the goods will be notified by the Buyer. However, save for negligence, the Company shall have no liability in respect of failure to deliver or perform or delay in delivery or performing the obligations under this Agreement arising from any cause whatsoever, the time for delivery shall not be of the essence.
The Buyer shall inspect the goods for damage on delivery and shall notify the company immediately, any alleged defect in the goods the Buyer shall notify the Company within 7 working days. The Buyer shall notify the Company of any non-delivery within 7 working days from the day on which the goods were expected to be delivered. The Buyer shall give the Company an opportunity to inspect the goods within a reasonable time following delivery and before any use is made of them. If the Buyer shall fail to comply with these provisions the goods shall be conclusively presumed to be in accordance with the contract and free from damage or defect and the Buyer shall be deemed to have accepted the goods.
The Buyer shall notify the Company of any shortage of quantity or damage to the goods or any alleged failure to comply with its description within 1 working day of receipt.
Goods which have been damaged in transit must be returned to the Buyer with the original packaging kept intact for the Company’s insurance purposes.
- DEFECTIVE GOODS
(i) The liability of the company is strictly limited to the replacement, repair or credit to the invoice value of the defective items at the discretion of the Company. The Company’s maximum liability under or arising from this Agreement shall be limited to a sum equivalent to the invoice price of the goods, the Company will not be liable for any claim, whether arising in the contract, or otherwise for the consequential, economic, special or other indirect loss. The Buyer accepts that the limitations and exclusions set out herein are reasonable having regard to all the circumstances including, without limitation, the price of the goods.
- RETURN OF GOODS
No goods delivered to the Buyer which are in accordance with the contract will be accepted for return without the prior written approval of the Company on terms to be determined at the absolute discretion of the Company. If the Company agrees to accept any such goods for return. The Buyer shall be liable to pay the handling charge as levied by the manufacturer or distributor. Such goods must be returned by the Buyer carriage paid to the Company in their original undamaged packaging.
The goods are guaranteed for 12 months from the date of purchase against faulty materials or workmanship. During the period they will be repaired or have parts replaced free of charge provided that:
(i) the product is returned to the Company with evidence of the purchase date.
(ii) the product was purchased by the Buyer.
(iii) the product has not been misused or handled carelessly
(iv) repairs have not been attempted other than by the Company’s authorised service staff
(v) the product is certified by the Company as being defective
(vi) a valid returns number is received from the Company
Such goods must be returned by the Buyer carriage paid to the Company in appropriate packaging, the return carriage will be paid by the Company provided the goods have faulty materials or workmanship. The Buyer will be responsible for all carriage charges and all charges of testing of goods returned under guarantee where no fault is found.
This guarantee does not confer any rights other than those expressly set out above and does not cover any claims for any consequential loss or damage. This guarantee is offered as an extra benefit and does not affect your statutory rights. Structured cabling systems and some network equipment may carry an extended warranty and application assurance direct from the manufacturer.
- PAYMENT-CREDIT TERMS
The credit terms are 30 days net from the date of invoice. Time for payment shall be deemed to be the essence of the contract and payment shall be made in accordance with the credit terms in full without any right to set off, deduction or withholding whatsoever.
The Company reserves the right to charge interest on any outstanding balances at the current base rate of The AIB Bank plc plus 3% until full payment has been received.
Legal and beneficial title in the goods shall remain in the Company and the Buyer shall hold the goods in a fiduciary capacity as bailee of the Company until such time as payment in full has been received by the Company for the goods and all sums due to the Company by the Buyer under all Agreements between them. Risk in the goods shall pass to the Buyer on delivery to the Buyer. The Company shall be entitled to recover from the Buyer any goods for which payment has not been received when due, and enter upon the premises of the Buyer where the goods are situated or are reasonably thought to be situated to repossess such goods. Where the Buyer has purported to re-sell the goods before the property in them has passed to him, the proceeds of such purported re-sale shall be held in trust for the Company in the name of the Company in a bank account separate from all monies of the Buyer.
- FACTORING, INVOICE DISCOUNTING AND BANK FUNDING
Where the Buyer uses banking facilities, or factoring on invoice discounting companies, which involves the selling of debtors or using debtors as security, the Buyer must notify the factoring or invoice discounting company of the Company’s interest in the purported resale of the goods, specifically that the title in the goods has not been passed until the Company’s invoice has been paid in full.
- Governing Law and Jurisdiction
- The validity, construction and performance of the Agreement, and all contractual and non-contractual matters arising out of it, shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to
- which the Parties submit.