Thursday 11 March 2010 - 0:38 (UK)
TERMS & CONDITIONS
(You can download a copy of these terms & conditions by clicking here)
DEFINITIONS
(a) The "company" means Indy Ware Ltd.
(b) These Conditions shall apply to and be incorporated into every agreement between Indy Ware Ltd and any person, firm or company ("the customer") under which the company supplies goods or services at the request of the customer.
(c) These conditions shall supersede all earlier conditions of the company.
(d) These conditions shall take precedence over any conditions of the customer and shall not be varied without the written consent of a Director of the company.
(e) References to "goods" include the supply of any services to be supplied by the Company to the Customer.
(f) "Agreement" means the agreement between the Company and the Customer for the sale of goods and/or the supply of services.
DELIVERY
(a) Please allow 3 - 5 days for the delivery of goods after an order is placed.
(b) Delivery of the goods to the customer's address or any other place stipulated by him shall constitute delivery and the risk therein shall pass upon such delivery to the customer.
(c) The company shall be entitled to make partial deliveries by instalments and these conditions shall apply to each partial delivery.
(d) Any delivery dates quoted either verbally or otherwise are estimates only.
PRICE
(a) Unless otherwise stated any prices quoted by the company are:
(i) exclusive of value added tax and any other taxes
(ii) exclusive of carriage, packing and insurance. (Back orders will incur additional carriage charges).
(iii) exclusive of any release certificates and the company shall charge extra in respect of the above items.
(b) Prices quoted are those current at the time of quotation and the price payable by the Customer shall be that which is current at the time of delivery to the Customer.
(c) Where agreed call off's are not adhered to by the Buyer, the company reserves the right to amend the price structure in accordance with the quantities delivered.
PAYMENT
(a) The price is payable on demand but in any case must not be paid later than 30 days from date of invoice.
(b) The company reserve the right to suspend deliveries where payment is not received in accordance with paragraph (a) of this clause or in accordance with any alternative items of payment agreed in writing.
(c) Where payment is not made in accordance with the terms of paragraph (a) hereof the customer shall pay interest on any unpaid amounts calculated at 3% above Barclays Bank Plc's base rate for the time being in force calculated on a daily basis.
(d) No cash or other discount is allowed unless agreed in writing.
(e) If the company is able to deliver some items comprising the goods the subject of an agreement but unable to deliver all such items due to cause beyond its control the customer shall pay for such items as are delivered.
TITLE OF GOODS
(a) Even though the goods may have been delivered and the customer may be responsible for any loss or destruction of or damage to the goods and not withstanding any other provision of these Conditions, the legal and beneficial ownership of the goods will remain with the company until the company has received payment in full of :-
(i) all sums payable to the Company in relation to the agreement, and
(ii) all other sums due from the customer to the Company when, the sums referred to in (i) are paid, in respect of the supply of any other goods or services.
(b) Until the customer becomes the owner of the goods in accordance with (a) the customer shall :-
(i) hold the goods as fiduciary agent and bailee for the company who may, at any time and without prior notice, require the customer to deliver up the goods to the company (whether or not they form part of or are affixed to any other item) and, if it fails to do so immediately enter the premises where the goods may be situated with its representatives and appropriate transport and repossess the goods;
(ii) not, except in accordance with condition (c), sell, part with possession of, use or do anything else inconsistent with the company's ownership of any the goods and will ensure that they are not affixed to any land or building, are kept separate from any other item, properly stored and protected and clearly identified as the Company's property, and are insured to their full replacement value against all normal comprehensive risks.
(c) Until ownership of the goods passes to the customer provided that it complies with the agreement the customer may sell the goods in the ordinary course of its full market value.
(d) After the company has repossessed any goods it may sell them and the proceeds of sale will belong to the company absolutely and the customer will have no right or interest in those proceeds. If the net proceeds received by the company are less than the amount payable to it in relation to the agreement it may recover the balance from the customer.
(e) The customer will become responsible for any loss or destruction of or damage to any goods on their delivery
(f) All insurance proceeds receivable by the customer in respect of the goods shall be held in trust by the customer for the company in a separate account and first be applied in or towards discharging any sums payable under the agreement.
(g) Even if ownership of the goods has not passed to the customer the company may recover all sums payable to it in relation to the agreement.
DRAWINGS AND ILLUSTRATIONS
All drawings, descriptive weights, dimensions and the descriptions and illustrations contained in the sales literature and price lists are approximate only and do not form part of this Agreement. In addition, drawings, technical documents issued either before or after the conclusion of this Agreement for the use or information of the Customer and such other information as maybe supplied to the Customer including specifications shall not be copied, reproduced or communicated by any third party without the Company's prior written consent.
LOSS OR DAMAGE IN TRANSIT
(a) The company will not be responsible for damage to any of the goods or loss of the goods or part thereof in transit or for any discrepancy between the goods delivered and the contracted goods to the company unless the customer gives written notice of a claim to the company and to the carrier (as appropriate).
(i) in the case of damage or discrepancy within 3 working days after having received the goods and
(ii) in the case of loss or shortage within 3 working days of the date of delivery of the other goods under the relevant consignment.
(b) The customer will be asked to sign a copy of the company's carrier's delivery manifest as acknowledgement of receipt of goods. The customer should inspect the goods carefully as an unqualified signature shall be deemed to signify the customer's acceptance that the goods are in good condition.
WARRANTY
(a) (a) If within 12 calendar months of their being delivered any defect in the goods is discovered which is directly due to faulty materials or workmanship, the company will at its option remedy the defect or damage by replacement or repair or give a credit note to the customer to be utilised firstly against existing indebtedness and then future purchases within two months of the credit note date.
(b) The warranty will be subject to the following conditions:-
(i) it will not apply to defects or damage resulting from any alteration or modification to the goods without the company's prior written consent, incorrect storage, normal wear and tear, overloading, misuse, abnormal conditions of use, incorrect installation by anyone other than the company, maintenance or repair not carried out by the company, use which is not in accordance with the company's or the manufacturer's instructions, any act or omission of the customer or any third party or any fault in any other goods or equipment.
(ii) The customer must complete and submit the company's Returns Request form in relation to any such defect or damage. If it appears to the company from the information submitted on the Returns form that such defect or damage is covered by the warranty then, subject to verification by the Company after inspection of the returned goods, a credit note or replacement part will be issued.
(iii) defective or damaged goods must be returned to the company, carriage paid, at its address stated overleaf, together with their original packaging and all related manuals and accessories. Please ensure that the goods/parcels in question are both packaged in the appropriate fashion and clearly labelled. Failure to do so may result in additional charges for missing items.
(iv) if the customer makes any claim in relation to any goods falling outside the terms of the warranty, the company may charge the customer. The customer must collect any returned goods within 5 days of notification that they are not covered by the warranty or on written instructions from the customer, Indy Ware Ltd will dispose of the goods.
(v) the warranty will apply to goods replaced or repaired under the warranty for the balance of the original warranty period.
(vi) Unless the company otherwise decides, a credit note for use in accordance with this warranty clause will only be given if the customer notifies the company of the alleged defect, damage or discrepancy within 3 working days of the customer's receipt of the goods.
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