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Terms

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         Terms and Conditions
Terms and Conditions of Sale

1. Interpretation
  1. 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.
  2. 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.
  3. The headings in these Conditions are for   convenience only and shall not affect their   interpretation.

2. Basis of sale
  1. 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.
  2. No variation to these Conditions shall be   binding unless agreed in writing between the   authorised representatives of the Buyer and Seller.
  3. 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.
  4. 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
  1. 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.
  2. 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.
  3. 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).
  4. 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.
  5. 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.
  6. 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
  1. 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.
  2. 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.
  3. 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.
  4. The price is exclusive of any applicable value   added tax, which the Buyer shall be additionally   liable to pay the Seller.

5. Payment
  1. 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.
  2. 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.
  3. 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.
  4. The fact that a dispute (of whatever nature) has   arisen between the Buyer and Seller shall not   entitle the Buyer to defer payment.
  5. 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.

6. Delivery
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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   may:
    1. Store the Goods until actual delivery and   charge the Buyer for the reasonable costs   (including insurance) of storage; or,
    2. 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.
  6. 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.
  7. 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.

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Robert   208-371-7757     bob@goseemy.com
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