|
|
|
Terms & Conditions:
I DEFINITIONS
The company means Athema Services Ltd. "The Customer" means any party to
whom the company may agree to sell Goods in accordance with The Company's
standard terms and conditions of sale. ‘The Goods" means the articles or
things any of them or any parts of them to be provided by The Company in
accordance with The Company's standard conditions of sale.
2 GENERAL
All orders are accepted and Goods supplied subject to the following terms
and conditions, warranties and representations, express or implied and
statutory or otherwise, except as to tile, are hereby excluded no addition
thereto or variation therefrom shall apply unless agreed in writing by the
Parties.
3 ORDERS
The Company reserves the right (without prejudice to any other remedy) to
cancel any incomplete order or to suspend delivery in the event of any of
The Customer's commitments with The Company not being met. If an order is
cancelled by The Company in the aforementioned circumstances, or is
cancelled by a customer then The Customer shall indemnify The Company
against all loss costs (Including costs of all labour and materials used and
overheads incurred), damages, charges and expenses arising out of the order
and the cancellation thereof. (The Company giving credit for the value of
any such materials sold or utilized for other purposes) All orders are
subject to availability of The Goods.
4 PRICES
a) Catalogues price lists and outer advertising literature or material as
used by The Company are intended only as an indication of price and range of
goods offered and no price descriptions or other particulars contained
therein shall be binding on The Company.
b) All quoted or listed prices are exclusive at Valve Added Tax or any other
taxes and are based on the cost of The Company supplying The Goods to The
Customer and if before delivery of Goods there occurs any increase in any
wary of such costs in respect of Goods which have not yet been delivered the
price shall be subject to amendment without notice at The Companies
discretion.
The majority of prices quoted will be those
as stated. However, we reserve the right to notify you of any price changes
imposed by individual Manufacturer's market trends or any pricing input
errors. Whilst we endeavour to check that prices shown are as accurate as
possible, with the number of Products we manage, human error is sometimes
unavoidable, and so the price of an item may vary from that shown. Should
the price of any item vary, you will be contacted prior to the
implementation of any such Order and given the opportunity to cancel your
Order. Payment via a Credit or Debit Card is automatically deferred, and
will therefore NOT be processed. If unsure, we do recommend that you contact
us to check the latest prices, as these can fall as well as rise. We are
always seeking to lower prices to our Customers and to improve our Service,
therefore we welcome having direct contact with you and an opportunity to
serve your best interests.
Errors and Omissions Excepted, Price is subject to VAT & Delivery
charges.
5 MANUFACTURERS' SPECIFICATION The Company will not be liable in any respect
for any loss or damage caused by or resulting from any variation for
whatsoever reason in the Manufacturer's specifications or technical data and
will not be responsible for any loss or damage resulting from curtailment or
cessation of supply following such variation. The Company will endeavor to
advise The Customer of any such impeding variation as soon as it receives
notice thereof from the Manufacturer
6 CARRIAGE AND DELIVERY
Except as in accordance with The Company's catalogue, prices do not include
delivery charges to The Customer, and The Company reserves the right to levy
a charge for delivery to any other destination advised by The Customer. Any
times quoted for delivery are to be treated as estimates only. Whilst every
endeavor will he made to meet these estimates for dispatch The Company shall
not be liable in any manner whatsoever for failure to dispatch within the
time quoted.
7 PASSING OF RISK AND TITLE
e) Risk in The Goods shall pass to The Customer on delivery
b) Property in The Goods shall remain in The Company until payment in full
thereof has been made by The Customer.
c) If payment in full is not made in accordance with The Company's standard
conditions of sale, The Company may require The Customer to return The Goods
forthwith and if the requirements is not immediately complied with The
Company shall be entitled at any time and without notice to retake
possession of the whole or any part of the Goods (and for that purpose to
enter the premises occupied by The Customer and sever The Goods from
anything they are attached to without being responsible for any damages
thereby caused) without prejudice to any other remedy that may be available
to The Company
8 DEFECTS AND USE
Save as herein expressly provided and save to the extent that the exclusion
or restriction of liability may be prohibited by statute. The Company shall
not be liable for any loss of whatsoever nature or to whomsoever or
whatsoever caused rising out of the use of The Goods. The Customer shall
indemnify The Company against all claims made against The Company by any
third party in respect thereof, union otherwise agreed.
a) Where The Goods are rejected by The Customer for whatsoever reason, The
Company will only accept the return of such Goods provided that it receives
written notice thereof within three days of receipt of The Goods and
provided that The Goods are returned to the company within three days. Any
refunds will be made at The Company's discretion less the amount Incurred by
The Customer for the delivery/carriage charges both to The Customer from The
Company end to The Company from The Customer All goods returned must include
all original pecking end manuals and must he returned in the same condition
that it was dispatched to The Customer Any damage or loss to either The
Goods packaging or manuals will effect the amount of refund to be made
9 PRODUCT WARRANTIES
In the case of defects or faulty workmanship in products or any parts
thereof supplied but not manufactured by The Company. The Customer shall not
be entitled to receive any greeter benefit here under than shall be received
by the company under any guarantee or warranty given to The Company by the
manufacturers or suppliers thereof. Under warranty The Company will, as Its
option, either repair or give replacement of equivalent quality or issue
credit to The Customer for any Goods found to be defective because of faulty
maintenance by The Company or poor workmanship provided that
a) The Company is notified in writing within 7 days of The Customer first
covering any such defects;
b) The Goods have been used in an appropriate manner and/or prescribed in
the operating instructions (If any):
c) The defective Goods are returned to The Company at The Customer's
expense.
d) Examination by The Company of such Goods discloses to satisfaction that
such defect exist and have not been caused by misuse, neglect accident,
improper storage installation or handling or by repair or alteration not
effected by the company
e) The Goods not having been modified or repaired otherwise than by The
Company or otherwise interfered with and;
f) The Customer shell pay to The Company the cost (as certified by The
Company) Of any examination.
10 RETURN OF EQUIPMENT
The Goods will not be accepted by The Company until a Return number is
obtained. All Goods must be returned in their original undamaged packaging
with the returns number clearly displayed on the outside of the box. The
Goods returned must be In good condition and together with all parts and
instruction manuals belonging to The Goods which are being returned.
11 CONTINGENCIES
The Company shall not be responsible for non-performance in whole or in part
of its obligations nor under any liability to The Customer in respect
therefore wherein such non-performance is due to acts of God, war,
insurrection. Government regulations, embargoes, strikes, labour disputes,
illness, Flood, fire, tempest or any other causes beyond the control Of The
Company
12 CONSEQUENTIAL LOSS AND DAMAGE
Save as herein expressly provided The Company shall not be liable for any
loss or damage of whatsoever nature or to whomsoever caused arising out of
the use Goods supplied by it. The customer shell indemnify The Company
against all claims made against The Company by any third party in respect
thereof.
13 PAYMENT
a) Provided that The Customer has been granted credit facilities by The
Company settlement terms are Net 30 days from the date of the invoice. In
the absence of credit facilities having been granted by The Company payment
shall be in advance.
b) The Company reserves the right to suspend deliveries where payment is not
received in accordance with paragraph (a) of this clause or in accordance
with any alternative terms of payment agreed in writing.
c) Where payment is not made in accordance with the terms at sub-clause (a)
above hereof The Customer shall pay Interest on any unpaid amounts
calculated at 3% above Barclays Bank Plc's base rate for the time being in
force calculated on a daily basis.
14 CUSTOMER DEFAULT AND CANCELLATIONS AND RE-SCHEDULING OF DELIVERIES
a) If the circumstances or status of The Customer changes, for whatsoever
reason (e g. bankruptcy or receivership, change of name, litigation by The
Company or other parties etc) The Company reserves the right without
prejudice to cancel or suspend trading with The Customer Including orders in
progress and to demand immediate payment in full of all outstanding
invoices.
b) Requests by a customer for cancellation or amendment of any order or for
the rescheduling of deliveries will only be considered by The Company if
made In writing and shall be subject to written acceptance of The Company or
if cancelled or rescheduled at the request of The Customer, then The
Customer shall indemnify The Company against all loss costs (including the
coat of labour and materials used and overheads incurred), damages, charges
and expenses arising out of the order and the cancellation, amendment or
re-scheduling thereof to he calculated at 5% of the value of the order with
e minimum of 30 euro.
15 FORCE MAJEURE
The Company shall not he liable for the cancellation by it of any order or
any unfulfilled part thereof or for effecting partial discovery if
performance by The Company is prevented or delayed whether directly or
indirectly by any cause whatsoever beyond the reasonable control of The
Company whether such cause existed or was foreseeable at the date of
acceptance of The Customer's order by The Company or not and without
prejudice to the generality of the foregoing any cause shell be deemed to
prevent, hinder or delay The Company if The Company is thereby prevented
hindered or delayed from fulfilling other commitments whether to The
Customer or to third parties.
16 NON-STANDARD GOODS
Unless otherwise agreed The Goods are supplied in accordance with the
Manufacturer's standard specification, The Company reserves the right to
increase its quoted or list price or to change accordingly in respect of any
orders accepted for products of non-standard specification and in no
circumstances will if consider cancellation of such orders or the return of
The Goods.
17 SEVERABILITY
If and to the extent that any provision or any part of the provision of The
Company's standard conditions of sale is illegal, void or unenforceable for
any reason. Then such provincial or part thereof (as the case maybe) shall
he deemed to he severable from the remaining provisions or parts of the
relevant provision (ass the case maybe) all of which remaining provisions
shall remain in the full force and cited
18 WAIVER
The waiver by The Company or any breach of any item hereunder shall not
prevent the subsequent enforcement of that term and shall not be deemed a
waiver of any subsequent breach.
19 INDEMNITY
a) The Company will indemnify The Customer for any direct physical injury or
death ceased by defects in the equipment sold to The Customer or by
negligence of The Company's employees in connection with the performance of
their duties under this agreement.
b) In no event shall The Company be liable for indirect or consequential
expenses incurred or damages including but not limited to damage caused by
loss of data and except as stated in (a) above The Company disclaims all
liability to The Customer for any losses incurred by The Customer as a
result of any negligence of Other tortuous ad by The Company, its employees
or agents. Please note that The Company shall reserve the right to cancel or
refuse orders for The Goods shown on The Company's website(s) with an
incorrect price and/or with any other incorrect information. No contract is
made with The Customer until The Company have dispatched The Goods to The
Customer.
20 LEGAL CONSTRUCTION
These conditions and the contract of which this document relates shall in
all respects be construed and operate in accordance with English and Wales
law.
|
