Terms of Sale – January 2017

CONTRACT
Mobile UK Limited (‘the Seller’) contracts with the buyer in accordance with the following terms only. These terms are deemed to be accepted by the buyer unless variations are agreed in writing.

QUOTATIONS
All quotations are made subject to the Seller’s approval of credit references.

ACCEPTANCE AND PRICES
The Seller’s quotations and price lists are statements of the basis on which the Seller will be prepared to accept offers to purchase. The Seller shall be deemed to have accepted such an offer, and the buyer shall be deemed to have accepted these terms of sale, upon despatch by the Seller of a written acceptance of offer, or on the Seller despatching any part or all of the goods specified in such offer. Prices will be those ruling at the time of despatch.

SPECIFICATIONS
The Seller reserves the right to modify specifications, designs, materials and finishes of goods at any time without notice.

DELIVERY
The Seller will endeavour to fulfil any stipulated or desired delivery date but shall not be liable for any loss or damage occasioned by failure to do so. The Seller shall not be required to store or hold equipment after manufacture is complete or after the stipulated or desired delivery date, if any, and may charge storage if the buyer does not take delivery. The buyer will also be liable for cost and loss arising out of failure to take delivery. Delivery of goods to the buyer, his servant or agent, shall be deemed to constitute acceptance for all statutory purposes.

DAMAGE AND LOSS IN TRANSIT
Damage to goods or short delivery must be notified by the buyer to the carriers and to the Seller within seven days of delivery. The buyer shall be liable for any loss or damage consequent upon failure to notify as stipulated in this condition.

PROPERTY AND RISK
The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for all goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered. The buyer grants the Seller the irrevocable right and licence to enter the buyer’s premises where the Seller’s goods are in possession for the purpose of repossession and this right and licence shall extend to any authorised employee or agent with or without vehicles.

WARRANTY
The buyer is responsible for ensuring that the capacity and performance of any goods purchased by him from the Seller are sufficient and suitable for the buyer’s purposes. The Seller’s liability for defects is limited to the terms of the Seller’s guarantee. Any statutory or other warranty, express or implied as to the state, quality, merchantability or fitness for purpose, is hereby expressly excluded and the Seller shall in no circumstances be liable for any damage or loss of any kind.

INSTRUCTIONS FOR SAFE USE
Buyers must read and follow the instructions supplied with the goods. If the buyer has any difficulty with the instructions, he must seek advice from the Seller before using the goods.

UK TERMS OF DELIVERY
Delivery to buyers in mainland England, Scotland, and Wales is carriage paid. This is subject to a minimum order value of £300 excluding VAT, unless otherwise agreed. Orders below this value will be subject to a carriage charge of £26. Carriage is charged at cost to Northern Ireland, Scottish Isles, Channel Islands, Isle of Man and Eire. Carriage charges resulting from special instructions (e.g. private carrier) will be charged at cost. Extra carriage charges will be advised at time of order. Any carriage cost will be subject to VAT at the ruling rate.

CANCELLATION
Orders for goods manufactured to buyer’s requirements cannot be cancelled. If the Seller permits cancellation of other orders it may impose cancellation charges.

GUARANTEE
For goods supplied by the Seller: for a period of 1 year from the date of despatch to the buyer the Seller will make good any defect arising from defective design material or workmanship provided that no alteration addition or repair has been carried out without the Seller’s written authorisation. Incounter products have a parts only warranty – for a period of 1 year from the date of despatch to the buyer the Seller warrants that it will supply to the buyer replacements for any defective component returned by the buyer carriage paid to the Seller. Products or components manufactured from glass are excluded from the guarantee.

TERMS OF PAYMENT
Unless otherwise specified in writing, payment is due within 30 days from the end of month of the invoice. The Seller reserves the right to charge the cost of debt recovery and interest on overdue amounts at 8% above National Westminster Bank Plc base lending rate from time to time. The Seller further reserves the right to suspend deliveries until any overdue monies and interest has been paid.