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Terms and Conditions
Terms and Conditions of Sale
- In these conditions: “Seller” means Sekiu Want Ads Says “Buyer” means the person who accepts a quotation of the Seller for the sale of goods or whose order is accepted by the Seller. “Goods” means the goods (including any instalment of the goods or any parts for them) which are supplied to the Buyer by the Seller in accordance with these Conditions. “Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and Seller. “Contract” means the sales contract between the Seller and Buyer for the purchase and sale of the Goods.
- Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
- The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. Basis of sale
- The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Seller which is accepted by the Buyer or any order of the Buyer which is accepted by the Seller. By accepting the Seller’s written quotation or by placing an order for goods the Buyer shall be deemed to have accepted these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions.
- No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and Seller.
- The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim for breach of any such representations which are not so confirmed.
- Any advice or recommendation given by the Seller or its employees, or agents to the Buyer or its employees, or agents as to the storage, application or use of the Goods which is not confirmed by the Seller, is followed or acted upon entirely at the Buyer’s own risk and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
3. Orders and specifications
- No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing by the Seller’s authorised representative.
- The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
- The quantity, quality and description of and any specification for the Goods shall be those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller).
- If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with the specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against, or incurred by, the Seller in connection with, or paid or agreed to be paid by, the Seller in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Seller’s use of the Buyer’s specification.
- The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements or where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.
- No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.
4. Price of the goods
- The price of the Goods shall be the Seller’s quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Seller’s published price list current at the date of acceptance of the order. Where the Goods are supplied for export from the United Kingdom, the Seller’s published export price list shall apply. All prices quoted are valid for 30 days only or until earlier acceptance by the Buyer, after which time they might be altered by the Seller without giving notice to the Buyer.
- The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (including, without limitation, the coming into force or manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
- Except as otherwise stated under the terms of any quotation or in any price list of the Seller and unless otherwise agreed in writing between the Buyer and Seller, all prices are given by the Seller on an ex- works basis and where the Seller agrees to deliver the Goods otherwise than at the Seller’s premises, the Buyer shall be liable to pay the Seller’s charge for transport, packaging and insurance.
- The price is exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay the Seller.
- The Buyer shall pay in the currency specified the full price for the Goods, including (unless otherwise agreed in writing) any transport, packaging and insurance charges, within the period specified in the Contract. The time of payment of the price shall be of the essence of the Contract. Payment shall not be deemed to be made until funds have been cleared and credited to the Seller’s account. The Buyer shall not be entitled to make any deduction from such payment or exercise any right of set-off or contribution howsoever arising.
- If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to charge the Buyer interest (both before and after any judgement) on the amount unpaid at an annual rate of 4% above the prevailing base rate of Barclays Bank Plc, London, which interest shall accrue on a daily basis from the date payment becomes overdue until the Seller has received payment of the overdue amount together with all accrued interest.
- Any and all costs incurred by the Seller in collecting any amounts outstanding, including legal and other professional costs, are for the Buyer’s account.
- The fact that a dispute (of whatever nature) has arisen between the Buyer and Seller shall not entitle the Buyer to defer payment.
- Irrespective of the payment term specified in the Contract, the Seller is entitled at any time to withdraw any credit period granted to the Buyer without notice or to demand (cash against documents at sight), payment in advance or to request the provision of security in such form as the Seller deems fit in respect of the full purchase price.
- Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection or, if some other place for delivery is agreed by the Seller, by the Seller delivering the Goods to that place.
- Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
- Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
- If the Seller fails to deliver the Goods for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault, and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer of similar goods (in the cheapest available market) to replace those not delivered over the price of the Goods.
- If the Buyer fails to take delivery of the Goods
or fails to give the Seller adequate delivery
instructions at the time stated for delivery
(otherwise than by reason of any cause beyond the
Buyer’s reasonable control or by reason of the
Seller’s fault) then, without prejudice to any other
right or remedy available to the Seller, the Seller
- Store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or,
- Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract, or charge the Buyer for any shortfall below the price under the Contract.
- The Seller shall not be liable to the Buyer for non-delivery if the Buyer is in default of any of its obligations under the Contract.
- In the event of normal water and/or road and/or rail traffic being impossible or hindered the Seller may, without prejudice to Clause 9, despatch the Goods by appropriate alternative means, all expenses and/or extra expenses resulting therefrom being for the Buyer’s account. The Seller shall not be liable for any delay in delivery due to such circumstances.
Items List for 30 Days
BuyAtMy.com is not responsible for defective products, Non Paymen,t or any Disputes.
BuyAtMy.com is not responsible for defective products, Non Paymen,t or any Disputes.