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SILHOUETTE INTERNATIONAL – TERMS AND CONDITIONS OF SALE
DEFINITIONS:
1 (a) in these Conditions
- the seller means Silhouette International.
- The goods means the goods specified on the invoice.
- The buyer means the name specified on the invoice, (or where such Person acts as agent for another, that person and the Principal jointly and Severally) buying the goods.
- United Kingdom means Great Britain, Northern Ireland, the isle of Man and the Channel Isles
- The Contract means the bargain recorded in the confirmation between the Seller and the buyer which includes these conditions except as Expressly excluded by the seller in writing.
PACKING AND TRANSIT:
- The company reserves the right to select methods of packaging and Shipment, acting as agent for the buyer, The cost of packaging and Transportation will be added to the invoice, as normal or as when the buyer has been separately quoted and agreed upon.
DATE OF DISPATCH:
- The dispatch dates are estimates only and not the essence of the contract Where the contract provides for delivery within a specified time or date, Every endeavour will be made to dispatch within that time or before that date, but the company shall be under no liability for any failure to effect Delivery in the time or by the date specified. In all cases the time for delivery shall be extended by a period equal to any delay caused by the Buyer’s instructions or lack of instructions or by any default or cause beyond the reasonable control of the Company, in the event of continuance of any hindrance of default, the company may terminate the contract as it remains unperformed without incurring any liability as a result of such termination.
LOSS OR DAMAGE IN TRANSIT:
- If the goods be damaged in transit, or having been placed in transit have not been delivered:
- In the cases of damage, written notice must be provided within 3 days of delivery.
- In the case of non delivery, written notice shall be provided within 14 days of the date of invoice or advice dispatch. Each written notice shall be sent by first class letter post to the Company, also to the carrier when the name of the carrier is shown on the invoice or advice note. The liability of the company shall be limited to the repair of The goods or replacement within a reasonable time The Company cannot be held responsible for any damage or loss if, by reason of failure by the Buyer Or his or his representative to give notice of damage or non-delivery as above provided the Company is prevented from recovering compensation from any third party. In respect of goods for export, the company shall not be held responsible for any damage to or loss of goods beyond the point of shipment at UK port. When the bills of lading are arranged by the Company, the goods will be insured in the name of and at the expense of the Buyer.
TERMS OF PAYMENT:
- Payments in respect of Goods and services shall be due 30 days from the date of invoice where the buyer is granted a trading account. Nothing in these conditions shall confer any right upon the buyer to return the goods or to refuse or delay payment. The Company reserves the right at it’s sole discretion to forward a further invoice charging 3% of the original invoice amount per month calculated on a daily basis whilst the buyers debt remains.
THIRD PARTY CLAIMS:
- The company shall be under no liability to the Buyer in respect of injury or Damage caused by goods supplied where such goods have not been used as Recommended by the instruction issued for such goods or by any defects Caused by negligent misuse of handling.
GUARANTEE:
- The equipment is guaranteed for 12 months from the date of delivery on components and workmanship. This guarantee covers the cost of parts and labour involved in repairing or correcting equipment, but not the carriage or transport charges incurred, which shall be borne by the Buyer. If in the opinion of the company damage in any form has resulted from misuse of the equipment in any way whatsoever, then the guarantee shall be null and void, repairing such damage as has occurred being entirely charged to the customer. Modification of, or tampering with the equipment by persons not authorised by the Company maybe regarded by the Company as Invalidity of the guarantee. Furthermore, any defect in the equipment must be notified with 3 days of discovery, failing which this guarantee is null and void.
EXCEPTION TO THE GUARANTEE
- Equipment is guaranteed for the period of 12 months with the exception of, glass tubes glass jars bulbs,electrodes, Perspex plates, needle holders, thermo-probes and pads, Blankets and cable, as these are classed as consumables.
CANCELLATION & CHANGES TO ORDER:
- After, acceptance of an order by the seller. Orders shall not be subject to cancellation. Except with the agreement of the company, and unless the cancellation, alteration or ancillary charges are paid by the buyer. These charges are Calculated as follows:- 15% of the total invoice or quoted price. Goods bought by credit card facilities shall be subject to a further 5% admin charge. Delivery & handling charges will be charged separately at the cost price + 5%. Refunds will not be given. Any residue or net amount due after deductions have been made, will be credited to the buyers account.
RETENTION OF TITLE CLAUSE:
- The risk in all goods passes to the Buyer upon delivery but title in the goods remains vested in Silhouette International, and shall only pass from the Company to the Buyer upon full payment being made of all sums (due on whatsoever account or grounds) to Silhouette International.
- The Buyer agrees that prior to the payment of the whole price of the goods, Silhouette International, or its appointed agents may enter the Buyer's premises to collect such goods should the seller request. Prior to such payment, the buyer shall keep the goods separate and identifiable for the purpose, and return the goods to the Seller should the Seller request
CONTRACT CONDITIONS:
- This contract contains all the terms and conditions of purchase and sale relating to the supply of the products to which it relates. No further conditions will be recognised by or binding on either party hereto apart from the actual quantities, prices delivery dates and relevant discounts. Not withstanding that such conditions may be amended to any documents exchanged between all parties referred to.
GENERAL:
- Goods are sold on the understanding that they will only be used for the intended purpose. No responsibility will be accepted by Silhouette International, for trained or untrained personnel without qualified supervision using or misusing products supplied by us All offers in the catalogue are subject to stock availability and we reserve the right to restrict or refuse any order of application for credit at any time. In exceptional circumstances, if an article is unavailable, we may send a carefully selected substitute, after agreement between both parties.
LAW:
- This contract shall be governed exclusively by the Laws of England The Buyer hereby accepts the jurisdiction of such courts or tribunal whether in England or elsewhere, as the Seller may nominate for the purpose of trying any action arising out of this Contract.
ACCEPTANCE:
- The acceptance of quotation and placement to order and/or payment of Deposit will be treated by the company as an acceptance of these terms.
SALE OF GOODS ACT 1979:
- None of the above effect the Buyer's or the Seller's rights under the Sale of Goods Act 1979.
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