TERMS and CONDITIONS OF SALE
- All goods sold by Z Spars UK (hereinafter called the " Company ") are sold subject to these conditions.
- All references to the Company apply to its authorised agents.
- Quotations and Prices.
All quotations of price (whether written or oral) are subject to withdrawal or amendment by the Company at any time prior to receipt by the Company of an order and thereafter are subject to correction of errors at any time.
If the Company has not received an order within 30 days of the date of quotation, the quotation shall be deemed to have lapsed.
- Payment
Payment for goods under the contract shall be on or before the date of delivery of the goods.
- Deposit
One third of the value of the goods is required as deposit when the order is placed.
- Delivery
The Company will endeavour to deliver the goods without delay, but this depends upon availability of materials and the customer providing details of his requirements in writing and in good time. the Company will also endeavour to comply with reasonable delivery instructions but any specified time of delivery shall not be the essence of the contract and the Company shall not be liable for late delivery howsoever caused nor shall such failure to deliver be deemed to be a breach of any contract.
- Liability
Subject to the Unfair Contract Terms Act 1977 and the " requirement of reasonableness " therein, in the event of any claim against the Company in respect of any matter whatsoever the liability (if any) of the Company shall be limited to the replacement of goods sold by the Company in respect of when the liability (if any) arises only, and under no circumstances shall the company be liable to the buyer or any other party for any consequential loss or damage whatsoever.
Defects in quality in any delivery should not be a ground for cancellation of the remainder of the order or contract.
Any alteration by the buyer or agent shall vitiate the Company from any liability relating to defects in the goods quality.
- Claims
No claims shall be entertained by the Company unless received by the Company in writing. Claims arising from damage or partial loss in transit must reach the Company within 30 days from the date of delivery. Claims for non-delivery must reach the Company within 10 days of the date of despatch. All other claims must reach the Company within 6 weeks of the date of despatch. goods should be signed for " unexamined ".
- Suspension of Deliveries
Every effort will be made to carry out the Contract but its due performance is subject to cancellation by the Company and to such variations as the Company may find necessary as a result of inability to secure labour, materials, or supplies as a result of any act of God, war, strike, lock-out and other labour disputes, fire, flood, drought, legislations or other cause (whether of the foregoing class or not) beyond the Company's control. The Company shall be under no liability for failures, variations and delays attributable to causes beyond its control.
- Reservation of Title
Title to any goods supplied by the Company shall not pass to the buyer until all payments due in respect of the goods are paid in full.
- Indemnity
The buyer shall indemnify the Company against all damages, penalties, costs and expenses to which the same may become liable as a result of work done in accordance with the buyer's specification which involves an infringement of any letters patent or registered design.
- Arbitration
Any dispute under the Contract shall be referred to an arbitrator or arbitrators appointed by the parties, or in default of agreement, by the President of the Law Society for the time being, and his or their decision shall be binding on both parties and this shall be a submission to arbitration within the Arbitration Act 1950, or any statutory modification thereof for the time being in force.
- Mail Order
All mail order items are subject to a minimum postage, packing and handling charge of £4.50.
- Other Conditions of Sale.
By ordering any goods from the Company the buyer will be deemed to have accepted that these terms and conditions take precedence over any other conditions contained on or in any letter, form, receipt or the like received by the Company in connection with the goods so ordered, and that any such other conditions will not form part of the Contract between the Company and the buyer for the sale of such goods.
- Proper Law.
These conditions and all quotations, offers and acceptances shall be governed by and construed according to English Law.
Last Updated on 5 November 2007
