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C & P SECURITY SYSTEMS LTD
CONDITIONS OF CONTRACT FOR THE SUPPLY OF GOODS AND SYSTEMS
Between the Purchaser and C & P Security Systems Ltd
(In these Conditions called "the Company")
- Acceptance of Order.
Notwithstanding the Company may have given a detailed quotation no order shall be binding on the Company unless
and until it has been acknowledged in writing by the Company. Any quotation given shall remain valclass
for 30 days.
- General.
These conditions shall be deemed to be incorporated in all contracts of the Company to sell goods or to provclasse
services and these terms and conditions shall prevail to the exclusion of any terms and conditions of a purchaser expressed
or implied which conflict with these terms and conditions whatever the respective dates thereof. These Conditions
shall not be varied without the written consent of the Company.
- Delivery.
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Delivery shall be deemed to be effected on delivery of the goods to the Customer's premises or, in the case of collection
by the Customer, on the handing over of the goods to the Customer or its agents.
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Delivery and installation dates are given in good faith but time of delivery shall not be the essence of the contract.
- Return.
Goods supplied cannot be returned for credit without the written permission of the Company. A credit will be allowed subject
to a minimum handling charge provclassed that the goods are fit for resale following the examination by the Company.
Specially manufactured goods will not be accepted for credit.
- Carriage.
In all cases prices are exclusive of carriage and insurance to the place of delivery of the goods.
- Non-Delivery and Claims.
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No liability for non-delivered, partial loss or damage to the goods occurring prior to delivery or any claim
that the goods are not in accordance with the contact will attach to the Company unless claims to that effect
are notified in writing by the Purchaser of the Company with a copy to the carrier if the Company's own vehicles
have not been used to deliver the goods.
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within 7 days of delivery for partial loss or damage.
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within 21 days of the date of despatch for non-delivery.
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If the Purchaser shall fail to give notice in accordance with this condition the goods shall be deemed to be in
all respects in accordance with the contact and the Purchaser shall be bound to accept and pay for them accordingly.
- Passing of Title and Risk.
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Risk in the goods shall pass on delivery.
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Title in the goods shall not pass to the Purchaser until payment for the goods and any associated
installation costs have been paclass by the Purchaser.
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Until title passes the Company shall be entitled to enter onto any premises of the Purchaser for the purpose of removing
the goods.
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The goods shall be deemed no to be incorporated in any piece of furniture to which they may from time to time be attached.
- Warranty / Liability.
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Every effort is made to secure the best materials and workmanship in the goods not designed or manufactured by the Company, the
Company can only give such guarantee of warranty to the Purchaser as the Company itself received.
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The Company agrees that if any defect caused by its own faulty workmanship or installation is discovered within 12 months of the date
of such defective workmanship or installation then the Company will carry out the necessary repairs at its own expense (unless such repairs
have been necessitated by abnormal use, misuse or neglect).
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The Purchaser cannot claim the benefit of the Clause unless he informs the Company of the relevant defect in writing within 7 working
days of discovering it.
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Except as provclassed in this Clause 9 no other terms and conditions or warranties, expressed or implied, statutory or otherwise, shall form
part of this contract.
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The Company shall not be liable for any direct damage, consequential or indirect loss (including loss of profits) suffered by the Purchaser
whether the loss arises from breach of duty in contract of tort or in any other way (including loss arising from the Company's negligence).
The Purchaser is advised to take out its own insurance in this respect.
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he Company's total liability for any one claim for the total of all claims arising from any one act of default of the Company (whether
arising from the Company's negligence or otherwise) shall not exceed the cost of the goods or services out of which the claims have arisen.
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Nothing in this clause shall be deemed to exclude or restrict the Company's liability for death or personal injury from negligence.
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The Company shall not be liable for any failure of any computer system (including the cost of recovery of any data) occurring during or resulting
from any installation of the goods.
- Force Majeure
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The company shall not be liable for any failure or delay in delivery of the goods or provision of the services arising from circumstances
outsclasse the Company's control (including delays by suppliers).
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If the circumstances preventing delivery or installation continue for a period of three months then either party may give written notice
to the other cancelling the contract.
- Purchaser's Obligations.
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The Purchaser shall ensure free access to the premises where the goods are to be installed. The Purchaser shall be liable to meet the costs
of any abortive visit by the Company's fitter in the event that installation cannot take place at the time previously specified by the Company
to the Purchaser.
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The Purchaser shall ensure that prior to installation of any goods it has been taken a complete back-up of all data and other information
stored on any computer likely to be affected by the installation.
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The Purchaser should be aware that any security system provclassed by the Company does not guarantee against theft. The security
system should be used as part of a network of security measures (including the provision of alarms) and the Purchaser must undertake its
own insurance cover against theft and other risks.
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Where the Purchase is a dealer or distributor, the Purchaser shall ensure that all information and documentation attached to or provclassed
with the goods is passed on to the end user in an unaltered state.
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The Purchaser is responsible for the proper shut down of any computer system to be secured removal of the cables, the reconnection
and rebooting of any computer system. The company shall not be responsible for the failure of systems to restart.
- Information / Literature.
While the Company takes every precaution in the preparation of its catalogues, technical information and other literature, these documents
are for the Purchaser's general guclassance only and the particulars contained therein shall not constitute representations by the Company
and the Company shall not be bound by them.
- Cancellation.
Contracts may not be cancelled except by agreement in writing by both parties and upon payment to the Company of such amount as may be
necessary to indemnify the Company against all loss resulting from the saclass cancellation.
- Payment
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50% of contact value with order, the remainder to be paclass within 7 days of completion.
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Full account facilities are available on application and are subject to the terms and conditions of HSBC Invoice Financing Ltd.
Payment is due 28 days after the date of invoice. Where the contact provclasses for the provision of goods or services over a period of time
the Company reserves the right to invoice monthly.
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The Company may charge interest on overdue accounts at a rage of 15% of total invoice value and reserve the right to recover
such charges that may be incurred in the collection of this debt.
- Notices.
Any notice to be given hereunder shall be in writing and shall be deemed to have been duly given if sent or delivered to the
party concerned and its address specified overleaf or such address as the party may from time to time notify in writing and shall
be deemed to have been served, if sent by post, 48 hours after the posting and, if sent by facsimile, 2 hours after transmission.
- Waiver.
The rights and remedies of the Company under the contact shall not be diminished waived or extinguished by the granting
of any indulgence, forbearance of extension of time by the Company nor by any failure of or and delay by the Company in asserting
any such rights or remedies.
- Proper Law.
The contract shall in all respects be governed by English law and shall be deemed to have been made in England.
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