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TERMS
AND CONDITIONS
1. Interpretation In These Terms And Conditions:
a) The 'seller' means Innvision UK Limited trading as PC Components Group.
b) The 'buyer' means any person or company who buys or has agreed to buy goods from the seller.
c) The 'goods' means goods provided by the seller in accordance with the seller's standard Terms &
Conditions of sale.
2. Alteration Of Terms & Conditions
Any variation of these terms & conditions must be confirmed
in writing by the seller and will not
otherwise be
valid.
Any waiver by the seller of these terms & conditions of
sale on any occasion
shall merely act as a
waiver on that
one occasion and shall not affect the seller's right to
enforce
any of these terms & conditions
on any further
occasion. No terms & conditions stipulated by the
buyer
shall have effect unless agreed in
writing from the seller.
3. Prices, Price Lists And Quotations
The price shall be that on the seller's current price
list, or as otherwise agreed by the seller and
the buyer
should confirm prices (including any promotional prices
and special offers) at the time
of ordering. All
special
offers are strictly subject to availability. The seller
reserves the right to
revise prices prior to
despatch
of goods to reflect any indirect or direct increase in
costs to the
seller but if the price has been
paid in
full prior to despatch no price revision may take place
without
the prior written agreement of the
buyer. All
prices are exclusive of VAT and charges for packing,
postage
and carriage (plus VAT) shall be
paid in addition.
4. Delivery
All despatch dates are estimated and are not guaranteed
and do not form a term of this contract.
Whilst
every
endeavour will be made to comply with these dates, the
seller shall have no liability
whatsoever for
delay in
despatch, delivery, or for any loss occasioned thereby.
Late delivery does
not entitle the buyer to
cancel the
order. Any discrepancy in delivery must be notified in
writing to
the seller within 3 days.
5. Payment
Credit accounts are available for corporate customers
against approved references. In the case
of sales to
buyers
who do not qualify for credit accounts, payment must be
made in full before
despatch of any goods.
Payment may
be made by Visa or Mastercard. In the case of sales made
to customers with credit accounts,
payment is due in full
on the terms of credit agreed which
shall not be more
than 30 days from the date of the
invoice unless otherwise
agreed in writing
by the seller notwithstanding that delivery
may not have taken
place and the property in the
goods
has not passed to the buyer. Time for the payment shall
be of the
essence and any failure
to pay shall entitle
the seller at his option to treat the contract as repudiated
by the
buyer, to
delay delivery until paid or appropriate
any payment made by the buyer to such of the goods as
the
seller may think fit notwithstanding any purported
appropriation by the buyer (without
prejudice to any other
remedy that the seller may have). Receipts for payment
shall be issued
only upon request.
6. Interest On Overdue Invoices
Interest on overdue invoices shall accrue on any unpaid
amounts from the date when payment
becomes due
at 3% per
annum above the HSBC Bank plc base rate from time to time
until the
date of payment (a part of
the month being treated
as a full month for the purpose of calculating
interest),
to accrue both before and
after any judgement.
All invoices shall be paid in full, free from any deduction
for any set-off, counterclaim or otherwise
howsoever.
7. Damage Or Loss In Transit
The risk in the goods shall pass to the buyer when the
goods are despatched from the sellers
premises and
no
responsibility will be accepted by the seller for damage
or loss in transit.
Damage should be notified in
writing
to the carrier and the seller within 3 days of receipt
and
the goods held for inspection to enable a
claim to
be made upon the carrier. If the goods are
not received
within 4 days of despatch, the carrier and
the seller
must be notified immediately.
8. Ownership
At the sellers discretion, ownership of the goods may
not pass from the seller to the buyer
until the buyer
has made payment in full thereof. If payment is not made
in accordance with
these terms & conditions of
sale, the
seller shall have the right (without prejudice to the
obligation of the buyer to purchase the goods
and to any
other remedy that may be available
to the seller) to repossess
the goods not paid for.
9. Warranties And Liabilities
Subject to the conditions set out below the seller warrants
that the goods will at the time
of delivery
correspond
to the description given by the seller. The above warranty
is given
by the seller subject to the
following conditions:
i) The seller shall not be under any liability in respect
of any defect arising from fair wear
and tear, wilful
damage, negligence, abnormal working conditions, failure
to follow
Manufacturer's instructions, misuse or
alteration
or repair of the goods without the sellers
written approval.
ii) The seller shall be under no liability under the above
warranty (or any other warranty,
conditions or
guarantee)
if the total price for the goods has not been paid by
the due date
for payment.
iii) Where the goods are covered by manufacturer's warranties,
details of which will be
supplied to the buyer
on delivery
of the goods, the buyer shall only be entitled to the
benefit
of such warranties or guarantees as
are given
by the manufacturer to the seller.
Except in respect of death or personal injury caused by
the sellers negligence, the seller
shall not be held
responsible
for any incompatibility issues or held liable to the buyer
by
reason of any representation (unless
fraudulent) or
any implied warranty, condition, or other
term or any
duty at common law or under the express
terms of the contract,
for any indirect,
special or consequential loss or damage,
costs, expenses or other
claims for compensation
whatsoever
(whether caused by negligence of the seller, its employees
or agents or
otherwise)
which arise out of or in connection
with the supply of the goods or their use or resale by
the buyer
including without limitation, losses or damages
of the types listed below:
i) Loss of profit
ii) Loss of anticipated savings
iii) Loss of business and/or goods
iv) Loss of revenue
v) Loss of contract
vi) Loss of goodwill
vii) Loss of use
viii) Loss and/or corruption of data and /or other information
ix) Downtime
x) Any damage relating to the procurement by you of any
substitute hardware or software the
entire liability
of
the seller under or in connection with the contract shall
not exceed the price
of the goods, except as
expressly
provided in these conditions.
10. Returns/Cancellations/Replacements
No contract shall be cancelled once accepted by the seller,
nor shall any goods which are
delivered in
accordance
with the contract be returned without prior written approval
of the
seller and on terms to be
determined at the absolute
discretion of the seller.Unless the
seller at its discretion
decides otherwise, if
the seller agrees to accept the
return of any
such goods then:
i) A goods return number must be obtained from the seller
and be clearly shown on the
returned package(s)
and must
be returned in the manufacturer's packaging (which shall
not
be defaced) complete with
accessories, manuals and
documentation. Except in the case of
faulty goods, returned
items not complying
with these requirements will be rejected.
ii) The buyer will be liable for the cost of remedying
any damage to the goods returned where
such damage
has,
in the opinion of the seller, been caused by the goods
being inadequately
packaged by the buyer, or
through the
buyer's fault.
iii) Where the seller accepts the return of goods, the
seller reserves the right to make a
handling and
restocking
charge of 25% on goods which are returned if they were
ordered in
error, or are no longer required
by the buyer.Any
claim by the buyer which is based on any
defect in the
quality or condition of the goods or
their failure to
correspond with the specification
shall (whether or not
delivery is refused by the buyer) be
notified to the seller
within 5 days from
the date of delivery or (where the
defect or failure was not apparent
on reasonable inspection)
within a reasonable time after discovery of the defect
or failure. If delivery is not
refused and the
buyer does
not notify the seller accordingly, the buyer shall not
be entitled to reject the
goods
and the seller shall have
no liability for such defect or failure and the buyer
shall be bound to pay
the
price as if the goods had been
delivered in accordance with the terms of the contract. Where
any valid claim
in respect of any of the goods which is
based on any defect in the quality or
conditions of the
goods or their
failure to meet specification is notified
to the seller in accordance
with these conditions, the
seller shall be
entitled to replace the goods free of
charge or at the
seller's sole discretion, refund to the
buyer the price of
the goods (or a proportionate part
of the
price), but the seller shall have no further liability
to the buyer. The
seller shall not give any
credit for
returned goods where the seller deems the goods not to
be faulty unless
otherwise
agreed in writing by the seller. Any
goods in respect of which any claim of defect or damage
is
made by the buyer shall be preserved by the buyer intact
together with the original packaging
at the buyer's
risk
and shall at the request of the seller be:
i) Retained
by the buyer for a reasonable period to enable the seller
or its agents to inspect
the goods.
ii) Or be collected from the buyer by the seller if the
goods are defective.
11. Termination Of Liability
The seller shall not be liable to the buyer or
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
respect of the goods, if the delay
or
failure was due to any cause beyond the seller's reasonable
control. Without prejudice to the generality
of
the foregoing,
the following shall be regarded as
causes beyond the seller's
reasonable control:
i) Act of God, explosion, flood, tempest,
fire or accident;
ii) War, threat of war, sabotage, insurrection, civil
disturbance or requisition;
iii) Acts, restrictions, regulations, bye-laws, prohibitions
or measures of any kind on the part
of any
governmental,
parliamentary or local authority;
iv) Import or export regulations or embargoes;
v) Strikes, lock-outs or other industrial actions or trade
disputes (whether involving employees
of the seller
or
of a third party)
vi) Difficulty in obtaining materials, labour or machinery;
and
vii) Power failure or breakdown in machinery.
12. Jurisdiction
The contract shall be governed by the laws of
England and the buyer agrees to submit to the
non-exclusive
jurisdiction of the English Courts. |