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1. |
Definitions |
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The following words and expressions shall have
the following meaning: |
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Buyer |
the person who buys or agrees to
buy the goods from
the
Seller |
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Conditions |
the terms and conditions of sale
as set out in
this document and any special
terms and conditions agreed in
writing
by the
Seller. |
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Goods |
the articles which the Buyer
agrees to buy from the Seller. |
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Price |
the price for the Goods,
excluding VAT and any carriage,
packaging and insurance costs. |
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Seller |
Dot-Com Computers
Choice Ltd, Unit 32 Dinan Way Trading Estate,
Exmouth. EX8 4RS
Trading as: Alpha
Dot Com |
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2. |
Conditions |
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2.1 |
These Condition shall form the
basis of the contract between the
Seller
and the Buyer in relation to the sale of Goods,
to the exclusion of
all
other terms and conditions including the Buyer's
standard conditions of purchase or any other
conditions which the Buyer may purport to apply
under any purchase
order or confirmation of order or
any other document. |
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2.2 |
All
orders for Goods shall be deemed to be an offer
by the Buyer to purchase
Goods from the Seller pursuant to
these Conditions. |
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2.3 |
Acceptance of delivery of the
Goods shall be deemed to be
conclusive
evidence of the Buyer's acceptance of
these Conditions. |
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2.4 |
These Conditions may not be
varied except by the written agreement of [a
Director of] the Seller. |
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2.5 |
These Conditions represent the
whole of the agreement between the
Seller
and the Buyer. They supersede any other
conditions previously issued. |
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3. |
Price |
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The Price shall be (the price of
the written quotation or [the price quoted on
the Seller's
confirmation of order]. The Price is exclusive
of VAT, which shall be due at the rate in force
on the date
of the
Seller's
invoice |
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4. |
Payment and
Interest |
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4.1 |
Payment of the Price and VAT
shall be due on delivery of the goods or the
date of the
Seller's invoice. |
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4.2 |
Interest on overdue invoices
shall accrue from the date when payment becomes
due calculated on a
daily
basis until
the date of payment at the rate
of [8%]
per annum above the Bank of
England base rate from
time
to time
in force.
Such
interest shall accrue after as well as before any
judgment. |
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4.3 |
The Buyer shall pay
all
accounts in full and not exercise any
rights of
set-off right or counter-claim against invoices
submitted by the Seller. |
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5. |
Goods |
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The quantity and description of
the Goods shall be as set out in
the
Seller's
confirmation of order. |
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6. |
Warranties |
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The Seller warrants that
the Goods will at the time of delivery
correspond to te description given by the Seller
in the confirmation of order. [Except where the
Buyer is dealing as a consumer (as defined in
section 12 of the Unfair Contract Terms Act
1977), all other warranties, conditions or terms
relating to fitness for purpose, quality or
condition of Goods are excluded]. |
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7. |
Delivery of the
Goods |
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7.1 |
Delivery of the Goods shall be made to the
Buyer's address. The Buyer
shall
make all
arrangements necessary to take delivery of the
Goods on the
day notified
by the Seller for delivery. |
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7.2 |
The Seller undertakes to use all reasonable
endeavours to dispatch
the
Goods on an
agreed delivery date, but does not guarantee to
do so.
time
of
delivery
shall
not be of the essence of the contract. |
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7.3 |
The Seller shall not be
liable
to the Buyer for any loss or damage whether
arising directly or indirectly from the late delivery or short delivery of
the
Goods. If
short delivery does take place, the Buyer
undertakes not to reject
the
Goods but to
accept the Goods delivered as part performance
of the
contract. |
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7.4 |
If the Buyer fails to take
delivery of the Goods on the agreed delivery
date or. if
no specific delivery date has
been agreed, when the Goods are ready for
dispatch, the Seller shall be entitled to store
and insure the Goods and to
charge the Buyer the reasonable
costs of so doing |
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8. |
Acceptance of
Goods |
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8.1 |
The Buyer shall be deemed to have
accepted the Goods [24hours) after
delivery to the Buyer. |
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8.2 |
The Buyer shall carry out a
thorough inspection of the Goods
within
[24 hours]
of
delivery and shall give written notification to
the
Seller
within
5
working
days of delivery of the Goods of any
defects that a reasonable
examination
would have revealed. |
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8.3 |
Where the Buyer has accepted, or
has been deemed to have accepted,
the
Goods the Buyer shall not be entitled to reject
Goods that are not in
accordance with the contract. |
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9. |
Title and Risk |
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9.1 |
Risk
shall pass on delivery of the
Goods to the Buyer's address |
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9.2 |
Notwithstanding the earlier
passing of risk,
title
in the Goods shall
remain
with
the
Seller and shall not pass to the Buyer
until
the amount due under
the
invoice for them (including
interest and
costs) has been paid in
full. |
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9.3 |
Until
title
passes the Buyer shall hold the Goods as bailee
for the
Seller and shall store or mark them so
that they can at
all times be identified as the
property of the Seller. |
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9.4 |
The Seller may at any time before
title
passes and without any
liability
to the
Buyer: |
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9.4.1 |
repossess and dismantle
and use or sell
all or any of the Goods and by doing so terminate the Buyer's right
to use. sell or otherwise deal in
them; and |
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9.4.2 |
for that purpose (or
determining what if any Goods are
held
by
the Buyer and inspecting them)
enter any premises of or occupied by the
Buyer. |
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9.5 |
The Seller may maintain an action
for the price of any Goods notwithstanding
that
title
in them has not passed to the
Buyer. |
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10. |
Carriage of
Goods |
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Carriage may be
chargeable on all sales. This will be at the
rate currently used by the seller at the time of
delivery. |
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