LEGAL INFORMATION - TERMS AND CONDITIONS OF TRADING
1. DEFINITIONS
(I) The expression "company" for the purposes of these Conditions
of Sale shall mean PROSPOT LTD or it's subsidiaries.
(ll) The expression "Buyer" for the purposes of these Conditions
of Sale shall mean the party with whom the Company is contracting
for the sale or hire of goods or services.
(lll) The expression "goods" for the purposes of these Conditions of
Sale shall mean the subject matter of the Contract being services, hire,
materials or equipment.
2. GENERAL
(l) These conditions shall be deemed to form part of any order or
contract accepted by the Company.
(ll) No servant or agent of the Company acting on his own shall have
power to alter or in any way vary these conditions.
(lll) Any further conditions wished to be imposed by the Buyer must
be submitted in writing to and agreed by a Director of the
Company in writing before delivery of goods or services takes
place.
3. LEGAL CONSTRUCTION
The contract shall in all respects be constructed in accordance with
English Law and shall operate as an English contract and shall be
subject to the jurisdiction of the English Courts.
4. TITLES
The titles of the Clauses do not form part of the same and shall not
affect their legal construction.
5. FORCE MAJEURE
The Company shall be under no liability if it is unable to carry out any
order for any reason beyond its control including without prejudice to
the generality of foregoing act of God, fire, inclement or exceptional
weather conditions, official or unofficial industrial action, hostilities,
shortage of labour, materials, power or other supplies, government
order or intervention or any other cause whatsoever beyond the
Company's control or of an unexpected or exceptional nature.
6. DELIVERY
(l) Any dates quoted for delivery are estimated only and time shall not
be of the essence of the Contract.
(ll) The Company reserve the right to make part deliveries.
7. LIABILITY
In no circumstances whatever shall the Company be liable for
consequential loss and in any event the liability of the Company shall
be limited to the cost of replacing the goods by the Company.
8. PRICES
(l) Save where expressly stated all prices quoted are exclusive of
value added tax.
(ll) The Company reserves the right at any time to alter any of its prices
without notice. In respect of goods delivered after any such change
of price, the price charged shall be the price ruling at the date of
despatch of the goods by the Company, unless specifically agreed
otherwise in writing.
(lll) Unless otherwise agreed all prices are net and shall not be subject
to any discount.
(lV) All orders are subject to a £15.00 minimum order charge.
9. V A T
The full amount of value added tax shall be paid at the same time as
payment is made for the relative goods.
10. TERMS OF PAYMENT
Strictly Nett 30 Days
11. RISK
The risk in the goods passes to the Buyer upon delivery to the Buyer
or the Buyer's carrier, agent or other bailee for transmission to the
Buyer whichever is the earlier.
12. TITLE TO GOODS
(l) Ownership in any goods supplied by the Company shall not pass
to the Buyer until payment for such goods has been received by
the Company in full. Until the time of actual payment to the
Company of the total amount owing in respect of the goods the
Buyer shall hold goods for the Company as Bailee and shall
store the goods in such a way as to be clearly identifiable as the
property of the Company.
(ll) So long as the property in the goods remains in the Company and
the Buyer is in default in any obligation hereunder the Company shall
have the right, with or without prior notice to the Buyer, to retake
possession of the goods (and for that purpose to go upon any
premises occupied by the Buyer, his carrier, agent of other bailee)
on such retaking of possession in full the Contract shall be
terminated.
13. DAMAGE OR LOSS IN TRANSIT
Claims for any damage or shortage of goods in transit must be made
to the Company in writing within two days of the date of despatch
or in the case of loss within two days after such loss could reasonably
be discovered by the Buyer.
14. RETURN OF GOODS
(l) The Company will not accept the return of any goods supplied in
accordance with any contract except by written agreement and the Company
accepts no liability whatsoever for goods returned in any other
circumstances.
(ll) Goods returned must be accompanied by the correct documentation
of the Company, a copy of which must be obtained by the Buyer as the only
accepted proof of return of goods to the Company.
(lll) The cost of third party carriers for such return of goods shall be incurred
by the Buyer unless previously agreed in writing with the Company. However,
the Company will not unreasonably withhold the provision of its own transport
fleet for such purposes provided that return of goods can be affected during
the course of its planned routes.
15. CONFIGURATION
(l) The Company will configure and install Goods to the specification provided
by the Buyer at the time of order at such rates as it notifies to the buyer from
time to time.
(ll) The Company will use all reasonable care and skill in performing such installation/
configuration and will perform such services within a reasonable time.
(lll) In the event the Buyer changes the specification for such installation/
configuration the Company reserves the right to require payment for
implementing such changes at rates notified to the Company from time to time.
(lV) Should any installation/configuration be in the opinion of the Company to be
outside the scope of suitability for it's intended purpose or to be considered
a potential or actual hazard to safety to the Company reserves the right to cancel
that part of any contract relating to the installation/configuration. The buyer will
remain liable for a fair proportion of the overall payment for the installation/
configuration for all works performed prior to the decision and any materials
purchased to perform or support the installation/configuration.
16. WARRANTY
(l) The Buyer acknowledges that the Company may not be the manufacture
of the Goods.
(ll) The Company will pass on to the Buyer such unexpired warranties it receives
from the manufacturer of the Goods as are capable of transfer and the Companies
liability shall be limited to such guarantee as it may receive from the
manufacturer.
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