1. Excel Office Equipment Ltd will be referred to in these Terms and Conditions as the Seller and the purchaser or proposed purchase of goods shall be referred to as the Buyer.
2. These terms and conditions shall take precedence over any terms to the contrary in the Buyer?s standard terms and conditions of purchase and cannot be varied unless expressly agreed in writing by a director of Excel Office Equipment.
3. All prices unless otherwise stated prices are for the goods sold ?ex VAT?.All freight from these works to the customer?s specified place of delivery will be charged in addition to the quoted or list price (where stated).
4. Any queries regarding goods supplied, quality or installation or other work undertaken must be raised in writing within 7 days.
4.1 All queries regarding to quantities, prices must be raised in writing within 7 days after receipt of the invoice.
4.2 All queries relating to short shipment on good supplied must raised in writing within 2 days. No queries will be entertained after the above.
5. Each transaction conducted between the Buyer and the Seller shall be treated separately in that no query relating to one transaction shall cause to delay or reduce payment on another separate transaction.
6. Until cleared funds have been received by the Seller in full payment: Ownership of the goods shall remain with the Seller but risk in the goods shall be the responsibility of the Buyer.
7. The Buyer shall store the goods so that they may be readily identified as the property of the Seller and shall ensure that the goods are kept and maintained in the condition in which they were delivered.
7.1 The Seller reserves the right to dispose of the goods, and where payment is overdue, the Seller, or any third party appointed by the Seller, shall be permitted to enter the Buyer?s premises at any reasonable time to recover the goods for purpose.
8. The Seller reserves the right to: 8.1 charge interest on late payments at the rate of 2% per month or part thereof from thirty days after the invoice date (inless agreed otherwise). 8.2 Claim from the Buyer any costs that may be incurred in collecting full payment including, without limitation, debt recovery agents? charges and lawyers fees. 8.3 impose a charge of ?35.00 towards bank and administration charges for each cheque returned unpaid, whether or not the cheque is honoured on re-presentation.
9. Goods cannot be returned for credit where such goods have been correctly supplied to order.
10. In no circumstances shall the Seller be liable for consequential loss or damage howsoever arising as a direct or indirect result of any failure or defect, or alleged failure or defect, in goods supplied or installation of any goods supplied.
11. The Seller shall not be bound in detail to exact colours, dimensions and illustrations in any brochure or catalogue.
12. Delivery dates are approximate and are in no way the essence of the contract. Every endeavor will be made however, to meet the Customer?s delivery requirements, which are given in good faith. The Supplier cannot however accept liability for failure to do so. In the event of war, riot, explosion, fire, flood, strike, lockout, shortage of material or labour, or any cause beyond the Suppliers control, delivery will be delayed until the events described are terminated and the situation has returned to normal.
13. The customer shall indemnify the Supplier in respect of all damage, injury or loss to any person or property and against all actions, suits, claims, demands, charges or expenses in connection therewith arising from the condition or use of the Goods in the event (and to the extent that the damage, injury or loss shall have been occasioned partly or wholly by the carelessness of the Buyer or his servants, invitees or agents or by any breach by the Buyer of it?s obligation?s to the Seller hereunder.
14. All contracts, whether written or verbal, between the Seller and the Buyer shall be governed by the laws of England and Wales.
Excel Office Equipment Ltd, Jan 2015