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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 £20.00. 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. |