Terms & Conditions Of Sale
1. Interpretation
In these Terms and Conditions (Terms), the following words and phrases shall
have the following meanings:
"the Buyer" means the person, firm or company who purchases the Goods
from the Company:
"the Company" means AJAR-tec Ltd;
"Contract" means the contract between the Company and the Buyer which
shall be deemed to incorporate these Terms;
"Goods" means any goods or services agreed in the Contract to be supplied
by the Company to the Buyer;
"Place of Delivery" means the place to which the Goods are to be delivered.
In these Terms, reference to any statute or statutory provision shall be
construed as a reference to such statute or statutory provision as amended,
modified, re-enacted or replaced from time-to-time.
2. The Contract
The Contract shall be on these Terms to the exclusion of all other terms and
conditions, including any such terms and conditions that are purported to be
included or applied by the Buyer.
3. Delivery
Delivery of Goods and services will be agreed between the Buyer and the Company.
Subject to the other provisions of these Terms, the Company shall not be
liable for any loss, whether direct or consequential, economic or loss of profits
or otherwise, arising directly or indirectly out of any delay in the delivery of the
Goods nor will any delay entitle the Buyer to terminate or rescind the Contract
unless the delay exceeds 60 days.
4. Risk in and Ownership of the Goods
Risk in the Goods shall pass to the Buyer on delivery
Goods shall remain the property of the Company after delivery until all payment has been received or the account has been settled.
Until ownership of the Goods has passed to the Buyer, the Buyer shall:
Hold the Goods on a fiduciary basis as the Company's bailee;
Store the Goods separately from all other goods of the Buyer or any third party
in such a way that they remain identifiable as the Company’s property;
Not destroy or deface any identifying mark on the Goods or their packaging;
Maintain the Goods in satisfactory condition insured with the Company's
interest noted on the policy and hold any proceeds of such insurance on trust
for the Company and not mix them with any other money.
5. Price
The price for the Goods shall, unless otherwise agreed, be the price set out
on the date of delivery in the Company’s price list. The price for the Goods
shall be exclusive of all costs of carriage and insurance and applicable VAT
which the Buyer shall pay in addition.
6. Payment
All payments should be received within 30 days of receipt of invoice.– this needs to be changed to reflect our payment terms 30 days.
7. Warranties
The Company warrants that the Goods are of satisfactory quality.
If the Buyer wishes to make a claim under this warranty, the Buyer shall give
written notice to the Company within 30 days of the discovery of the defect
and give the Company a reasonable opportunity to inspect the Goods in
question.
The Company shall not be liable for any breach of warranty if the Buyer makes any further use of the Goods after giving such notice or alters or repairs the Goods without the agreement of the Company.
The Company's liability under the warranty shall be limited to repairing or
replacing the Goods in question or refunding the price of such Goods.
8. Limitation of Liability
The Company’s liability in contract, tort or otherwise arising out of the subject
matter of the Contract shall not exceed the value of the good supplied and the
Company shall under no circumstances be liable to the Buyer for any
consequential, indirect or economic loss or damages.
9. Force Majeure
If either party is subject to an event of Force Majeure, that is circumstances
outside its reasonable control, including but not limited to war, fire, industrial
disputes or civil commotion, it shall notify the other and the first party's
obligations under these Terms shall be suspended until it notifies the other
party of the end of such event of Force Majeure.
10. General
If any part of these Terms is found to be void or unenforceable by any Court of
competent jurisdiction, such part shall be severed from these Terms which will
otherwise remain in full force and effect.
These Terms shall be governed by and interpreted according to English Law
and the parties submit to the exclusive jurisdiction of the English Courts.
AJAR-tec Ltd
www.ajartec.com
Tel: 0800 612 2680
DISCLAIMER
The information provided in this publication is provided for your information purposes. AJAR-tec limited reserves the right to revise and update this publication and to make changes in it’s content without obligation of AJAR-tec Limited to notify any person or persons of such revision. Any rights not expressly stated in these Terms are reserved. Certain provisions of these terms may be superseded by expressly designated legal notices or terms in other AJAR-tec Limited publications.
INTELLECTUAL PROPERTY
The AJAR-tec limited company name, logo, corporate symbols and trade marks are the sole property of AJAR-tec Limited and no permission is given in the respect of their use.
COPYRIGHT
Copyright © 2009 AJAR-tec limited
All rights reserved.
Unless otherwise indicated, AJAR-tec limited is the owner of the Copyright and all other intellectual property rights in our publications, this excludes content provided by our chosen partners.
No part of this publication may be reproduced, stored in a retrieval system or transmitted via any recording or otherwise without prior written permission of AJAR-tec Limited.
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