TERMS AND CONDITIONS OF SALE
In these Terms and Conditions of Sale the following words shall have the following meanings;
“The Company” shall mean My KNX Store.
“The Buyer” shall mean the person, firm, company, partnership or other such entity offering to purchase Goods from the company.
“The Goods” shall mean the articles or services constituting the subject matter of the contract between the Company and the Buyer.
“The Carrier” shall mean the person, firm, company, partnership or other such entity, which shall be responsible for the removing the Goods from the Company’s premises and delivering the Goods to the Buyers premises or otherwise stated on the Buyers purchase order.
These Terms and Conditions apply to the sale of Goods by the Company and no variation, modification or substitution for these terms and Conditions (even though included in or referred to in the document placing the order) shall be binding on the Company unless specifically accepted by the Company in writing.
Unless previously withdrawn, the Company’s quotation is open for acceptance within the period stated therein or, when no period is so stated, within 30 days after its date, and is subject to written confirmation by the Company at the time of acceptance. All Goods are offered subject to their being available upon receipt of order.
Unless otherwise agreed in writing from the Company, all Goods are sold subject to the price and any relevant discounts, ruling at the date of dispatch. The Company shall be entitled to recover from the Buyer by way of addition to prices, such amounts which the Company may become liable to pay in respect of Value Added Tax in relation to the Goods.
4a) All prices and discounts are calculated and quoted by the Company to the Buyer upon a “whole order” or “majority of the order” basis. If, when the Buyer places an order with the Company, only certain items or reduced quantities are specified, from the quotation, the Company reserves the right to review the prices and discounts at which such orders are accepted.
Unless otherwise agreed in writing by the Company to the Buyer, payment of all invoices are due before the goods are despatched.
5a) If a credit account is opened The Company will be entitled to charge interest to the Buyer on all overdue amounts at the rate of 2% over the National Westminster Bank plc base rate current at the time, and without notice will suspend any further deliveries until all arrears (including interest accrued) is paid in full.
Although delivery dates are quoted in good faith no liability shall attach to the Company for delays in delivery, or for non-delivery caused by circumstance outside the Company’s control.
6a) No claims by the Buyer for non delivery, particularly as a result of non delivery by another supplier to the Company, discrepancy, delay in delivery, or for loss of goods or damage of the same will be considered by the Company, unless either.
i) both the Carrier and the Company are advised of all damages within three working days of receipt of the Goods by the Buyer.
ii) non delivery or delay is reported in writing by the Buyer to the Carrier and the Company within three days after the invoice date. Time is of the essence of this clause.
If the Goods are accepted from the Carrier unchecked, delivery notes and or delivery sheets signed “not examined” will not relieve the Buyer from his obligation to inform in writing, any shortages. The Company’s liability in respect to any claim accepted under this Clause is limited to making up the shortage or replacing any goods proved to have been damaged or lost in transit to the point of delivery. The Company accept no liability for any loss or damage suffered by the Buyer whether direct or consequential and whatsoever arising.
7) PASSING OF PROPERTY
Notwithstanding delivery, the Goods supplied by the Company will remain the Company’s absolute property until such times the Buyer pays in full for them, and all other goods previously supplied by the Company. The Buyer will store the Goods in such a manner that they are readily identifiable as the property of the Company. The Buyer may, as trustees for the Company, sell the Goods to a third party in the normal course of business. Upon any sale by the Buyer of the Goods (either alone or with other items) all rights which the Buyer have against the third party shall automatically vest in the Company. The Company shall be entitled, immediately after giving notice of intention to repossess, enter upon any premises with such transport as may be necessary and repossess any Goods to which the Company has title under this clause.
It is the responsibility of the Buyer to determine that the Goods are sufficient and suitable for the purpose to which they are to be put. The Company cannot accept responsibility either in respect of the installation of any Goods or as to the ultimate performance of any product in which the Goods may be installed. The Company will in no way be liable for any direct or consequential damage, loss or expense arising from any defect or inefficiency caused by the manner in which the Goods are used.
10) LIABILITY FOR DEFECTS
All Goods supplied by the Company are manufactured by others. The Company will pass on to the Buyer the benefit of any warranty given by the manufacturer of the Goods. The Company’s liability under this Clause shall be in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose of the Goods. The Company shall not be under any liability whatsoever, whether in contract, tort, or otherwise, in respect of any defects in the Goods delivered, or for any injury, damage or loss resulting from such defects or from anything done or omitted in connection with the Goods or from any work done in connection therewith.
11) PATENT INDEMNITY
The Buyer 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 Buyers specifications or designs which involve the infringement of any copyright, letters patent rights or registered design or similar rights.
12) RETURN OF GOODS
Under no circumstances will Goods supplied against a Buyer from an order be returned without the prior written consent of the Company, together with the receipt of the delivery note and invoice pertaining to the Goods. All Goods returned must be securely packed and unless carriage paid by the Company, consigned carriage paid. If the Goods are to be collected by the Company, we reserve the right to impose a handling charge. The issue of a collection note by the Company, will not bind the Company to issue any credit in respect of the returned Goods. We also reserve the right to issue a 10% handling charge for admin purposes.
13) FORCE MAJEURE
The Company shall be relieved of all obligations under the Contract to the extent to which fulfilment is prevented, frustrated, or implied as a consequence of any circumstances outside the control of the Company, but not limited to, failure of suppliers, industrial action, war, statutes, rules, regulations, orders or requisitions issued by any Government Department or other duly constituted authority or non availability of raw materials, fuel or energy.
14) APPLICABLE LAW
The Contract is subject to English Law.