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Price and Payment
- The price (inclusive of VAT) for the goods ('the Price') shall be the quoted price of the Company and full cleared payment of the Price shall be made by the Buyer before the goods are installed.
- A deposit of not less than 10% of the total invoice value will be payable on ordering the goods. This deposit is non-refundable except by arrangement with the seller or if the transaction was carried out on the customer's premises and a cooling off period of seven days will be granted. If it is found that the required access or any other fatal reason restricts the feasibility of installation of the goods, then the deposit will be refunded less any costs such as credit card transactions. The term fatal reason does not include the requirement of the use of mechanical lifting equipment such as cranes, extra power requirements or planning permission.
Goods
- The description and quantity of the Goods to be sold ('the Goods') shall be as set out in the Sales Order quotation provided by the Company to the Buyer ('the Quotation').
Delivery
- The Company shall deliver the Goods to the Buyer's address and on the date as both are shown on the Quotation. Time shall not be of the essence for delivery.
Acceptance
- The Buyer shall be deemed to have accepted the Goods if they have not been rejected on or before the seventh day after delivery. The Buyer shall carry out a thorough inspection of the goods within (e.g. 48) hours of delivery and shall give written verification to the Company within (e.g. five) days of delivery of any defects which reasonable examination would have revealed. The Buyer shall not be entitled to reject the Goods in whole or in part after such date.
- The Buyer must allow the Company reasonable options to make good the reason for rejection.
Title and Risk
- The Goods shall be at the risk of the Buyer following delivery and, notwithstanding delivery, title in the goods shall not pass to the Buyer until the Buyer has made payment of all sums owing to the Company, failing which the Company shall have the right to repossess or otherwise to recover the Goods. Until title passes, the Buyer shall hold the goods as bailee for the Company and shall store or mark them such that at all times they can be identified as the Company's property.
Limitation of Liability
- Save in respect of personal injury or death due to the negligence of the Company, the Company shall not be liable to the Buyer in respect of any loss suffered by the Buyer due to any defect in the Goods.
- Without prejudice to Clause 6.1 the Company shall not be liable to the Buyer or any third party for any loss of profit, consequential or other economic loss suffered by the Buyer arising in any way from this agreement.
Force Majeure
- The Company shall not be liable for any default due to any circumstance beyond the reasonable control of the Company including, but not limited to, Acts of God, war, civil unrest, riot, strike, lock out, acts of civil or military authorities, fire, flood, earthquake or shortage of supply.
General
- If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
- The Company may without the consent of the Buyer sub-licence its rights or obligations or any part of these Conditions.
- The headings in these Conditions are for ease of reference only and shall not affect the interpretation of any of the Conditions.
Third Party Rights
- Notwithstanding any other provision of this Agreement nothing herein shall confer nor is it intended to confer a benefit on any third party of the purposes of the Contract (Rights of Third Parties Act) 1999 or for any other purpose.
Governing Law and Jurisdiction
- The laws of England and Wales shall govern this Agreement.
Rights of Consumer
- Nothing in these Conditions shall affect the statutory rights of a consumer.
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