Terms and Conditions of Sale
- The Seller - Amission Ltd
- The Buyer - Any purchaser of the goods and/or the services of the buyer.
- The Goods - The hardware and software products sold by the Seller including packaging, manuals and any other ancillary components or documents.
- The Service - The maintenance, installations and professional advice sold by the Seller.
- Effect of Conditions
- These terms and conditions alone are the terms and conditions of the contract of sale between the parties and supersede all prior dealings, negotiations or agreements, whether written or oral, express or implied.
- These terms and conditions apply to all contracts of sale by the Seller, unless varied in writing by the Seller. The Seller shall notify the Buyer of any changes. The placing of an order for goods and/or services quoted herein and/or acceptance of such goods and/or services shall be deemed to be acceptance of these conditions.
- Orders should be made either on the seller’s official Order Form, which should be faxed or sent by post, or through e-mail.
- The Buyer shall not have the right to cancel an order, for either goods or services, unless the seller gives written consent to do so.
- Upon any cancellation, the buyer must pay to the seller any such sum as is reasonable in respect of work done and material ordered or supplied.
- Property and Title in Goods
- Property and title in the goods shall not pass to the buyer until the total value of the invoice has been paid and settled in full and unconditionally. Until the property in the goods passes, the buyer shall hold the goods as the seller’s bailee and keep them safe and store them separately so that the goods can be recognised as the seller’s property. The buyer shall forewith, upon request, deliver the goods back to the seller, or allow the seller unrestricted access to any premises, in which the goods are being held, for any purpose (including the removal of the goods.)
- The buyer shall be entitled, notwithstanding that property has not passed in accordance with part (a) above, to resell the goods or any of them in the ordinary course of his business. The proceeds of any such resale shall, however, be held by the buyer as trustee for the seller until all indebtedness owed by the former to the latter has been settled in full and unconditionally.
- The provisions of part (b) above do not apply to the services provided by the seller.
- Risk of GoodsThe goods shall be at the buyer’s risk:
- when there has been part, or full, payment of the invoice value of the goods themselves and/or;
- when the seller delivers the goods to the buyer and/or;
- when the seller delivers the goods to an independent courier and/or;
- when the buyer or the buyer’s agent(s) collect(s) the goods.
- All prices for the goods and/or services are in pounds Sterling and are subject to Value Added Tax (VAT) at the relevant rate ruling on the date of invoice and do not include the cost of Carriage, package, invoice or other charge which becomes payable under this contract.
- Whilst every endeavour shall be made to maintain the prices outlined the seller reserves the right to alter prices at any time without prior notice.
- On contracts of sale of goods, thirty per cent of payment is due when an order is placed, thirty per cent is due from the commencement of work and the rest when specified on the invoice.
- For all other contracts of sale payment is due when stated on the invoice.
- The seller reserves the right to charge interest at a rate of 5% above Barclay Bank plc’s base rate and maintain the right to do so at such a rate after as well as before any judgement on:
- all overdue payments and on;
- the price of any goods of which the buyer shall have failed to take delivery until the date they are actually delivered to the buyer or are otherwise disposed of.
- If the buyer wrongfully neglects or refuses to pay for the goods and/or services after the due date, then the seller:
- reserves the right to maintain an action against him for the price of the goods and/or services and/or;
- to withhold goods/and services for their price.
- If the buyer wrongfully neglects or wrongfully refuses to accept and pay for the goods and/or services, then the seller may maintain an action against him for damages for non –acceptance.
- Acceptance of Goods
- The buyer shall be deemed to have accepted the goods:
- when he has intimated to the seller that he has accepted them or;
- when three days have elapsed from the day of delivery.
- After acceptance the buyer shall not be entitled to reject goods that are not in accordance with the contract.
- Return of Goods that are in accordance of the contract.
The Buyer shall not have the right to return the goods unless the seller accepts (at his own discretion) to accept the goods.
The buyer may not withhold payment of any invoice or other amount due to the seller by reason of any right of set-off or counterclaim which he may have or assert to have or for any other reason whatsoever.
- Limitation of Liability
- The seller shall not be responsible for any damage or loss to the information on a Buyer’s system.
- The seller shall not be liable, under any circumstances, for loss of profit, use or goodwill or for delay in delivery or for any direct or indirect or consequential loss of any kind whatsoever, whether caused by negligence or otherwise howsoever, and all conditions and warranties whether expressed or implied are hereby excluded, except only those which by statute may not be excluded.
- Frustration of the Contract
The Seller shall not be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the goods and/or Services, provided that the delay or failure was due to any cause beyond the Seller’s control. The following shall form an inclusive but not an exclusive list as to those situations where the contract shall be deemed to be frustrated: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, terrorism, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
The heading of these conditions are for convenience only and shall have no effect on the interpretation thereof.
This contract is subject to, and in accordance with, the Sale of Goods Act 1979 and English Law generally.