1.1 Buyer means the person who buys or agrees to buy the goods from the Seller
1.2 Conditions means the terms and conditions of sale set out in this document and any Special Terms and Conditions agreed in writing by the Seller
1.3 Delivery Date means the date specified by the Seller when the goods are to be delivered
1.4 Goods means the articles and-or services which the Buyer agreed to buy from the Seller
1.5 Price means the price for the goods excluding carriage, packing and insurance
1.6 Seller means Electronic Repair Centre Ltd
2. CONDITIONS APPLICABLE
2.1 These Conditions shall apply to all contracts for the sale of goods by the seller to the Buyer to the exclusion of all of the terms and conditions including any terms or conditions which the Buyer may purport to apply under any Purchase Order, Confirmation of Order or similar document.
2.2 All orders for goods shall be deemed to be an offer by the Buyer to purchase goods pursuant to these Conditions
2.3 Acceptance of delivery of the goods shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.
2.4 Any variation of these Conditions, including any Special Terms and Conditions agreed between the parties, shall be inapplicable unless agreed in writing by the Seller
3. DELIVERY
3.1 The Seller will endeavour to meet any agreed delivery dates but shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the goods or services or any of them
3.2 Notwithstanding that the Seller may have delayed or failed to deliver the goods/services or any of them, promptly the Buyer shall be bound to accept delivery and to pay for the goods or services in full provided that the delivery shall be tendered at any time within 14 days of the delivery date
4. PAYMENT
4.1 The price shall be the Sellers quoted price or the price displayed on the sellers website or printed documents. Final payments will be made/taken in UK pounds at the prevailing rate at time of purchase. Payment made from outside the UK must also be made in UK pounds sterling and in he case of a payment by cheque, drawn on a UK bank. We will not accept or be responsible for any bank charges.
4.2 Payment of the price shall be due immediately unless it has otherwise been agreed between the parties that the Buyer shall be an account holder. In the event that the Buyer is an account holder then payment of the price shall be due within 30 days from the delivery of the goods or services. Time for payment shall be of the essence.
4.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 2% above Barclays Bank PLCs base rate from time to time in force and shall accrue at such a rate after as well as before any Judgement.
4.4 Items laid aside upon payment of a deposit by the Buyer will if not collected and the balance of the price paid within 6 months be placed into stock and any deposits so paid will be forfeited to the Seller to cover storage and administrative costs.
5. PROPERTY
5.1 The goods shall be at the Buyers risk as from delivery.
5.2 In spite of delivery having been made property in the goods shall not pass from the Seller until-
5.2.1 the Buyer shall have paid the price in full and
5.2.2 no other sums whatsoever shall be due from the Buyer to the Seller.
5.3 Until property in the goods passes to the Buyer in accordance with clause 5.2 the Buyer shall hold the goods and each of them on a fiduciary basis as bailee for the Seller. The Buyer shall store the goods at no cost to the Seller separately from all other goods in its possession and marked in such a way that they are clearly identified as the Sellers property.
5.4 Notwithstanding that the goods - or any of them, remain the property of the Seller the Buyer may sell or use the goods in the ordinary course of the Buyers business at full market value for the account of the Seller. Any such sale or dealing shall be a sale of use of the Sellers property by the Buyer on the Buyers own behalf and the Buyer shall deal as principal when making such sales or dealings. Until property and goods passes from the Seller the entire proceeds of sale or otherwise of the goods shall be held in trust for the Seller and shall not be mixed with any other money or paid into any overdrawn bank account and shall be at all materials times identified as the Sellers money.
5.5 The Seller shall be entitled to recover the price notwithstanding that the property in any of the goods has not passed to the Seller.
5.6 Until such time as property in the goods passes from the Seller the Buyer shall upon request deliver up such of the goods as are not ceased to be in existence or resold to the Seller. If the Buyer fails to do so the Seller may enter upon any premises owned, occupied or controlled by the Buyer where the goods are situated and repossess the goods. On the making of such request the rights of the Buyer under clause 5.4 shall cease.
5.7 The Buyer shall not pledge nor in any way charge by way of security for any indebtedness any of the goods which are the property of the Seller. Without prejudice to the other rights of the Seller if the Buyer does so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.
5.8 The Buyer shall insure and keep insured the goods to the full price against all risks to the reasonable satisfaction of the Seller to the date that the property and the goods passes from the Seller and shall whenever requested by the Seller produce a copy of the policy of insurance. Without prejudice to the other rights of the Seller if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.
6. No liability will be accepted by the Seller for any shortage or damage to the goods unless both the Seller and its carriers if any are notified within 3 days of delivery that the said goods are damaged or incomplete. It is the responsibility of the Buyer to record on the carrier delivery note any noticeable packing damage.
7. The Seller gives no warranty that the goods or services ordered or supplied are sufficient or suitable for the purpose for which they have been acquired and the responsibility for ensuring that goods or services ordered or supplied are sufficiently suitable for the needs of the Buyer is the sole responsibility of the Buyer.
8. In the event of any goods being incorrectly ordered by the Buyer and supplied by the Seller no such goods may be returned to the Seller without prior written authorisation from the Seller.
9.1 Where the Buyer rejects any goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such goods or the failure by the Seller to supply goods which conform to the contract of sale.
9.2 Where the Buyer accepts or has been deemed to have accepted any goods then the Seller shall have no liability whatever to the Buyer in respect of those goods.
10. PROPER LAW OF CONTRACT
This Contract is subject to the law of England and Wales.
