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Sunday, September 05, 2010
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Standard Terms & Conditions |
1) Conditions of Sale
No person other than directors of the Seller's (Talking Business
(Office Supplies) Ltd.) company are authorised to do any of the
following.
a) remove or vary any of these terms or introduce any other term (written or oral) into the contract
b) agree any condition precedent or enter into any collateral contract
2)Quotations
A quotation is for information only and is binding on the Seller only
if and when to the extent that it is incorporated in an order, which
the Seller has, accepted in writing.
3)Terms
a) All prices are subject to market fluctuations and the actual price
to be paid by the Buyer shall be the Seller's prices ruling at the day
of despatch. The Seller shall be entitled to charge to the Buyer the
amount of Value Added Tax for which the Seller shall be liable.
b) Orders are fulfilled on the conditions that
i) title of delivered goods remain with the Seller until full payment is received
ii) the Buyer agrees to store goods safely and in such a way that they are easily identifiable as the property of the Seller
iii) the Buyer agrees to keep the goods supplied separate and hold them as bailee and agent for the Seller
iv) should the goods be used or sold in the normal course of business
the Buyer agrees that until full payment has been made an equivalent
sum of money to the invoiced value of the goods will be kept separate
and identifiable
c) Goods must be paid for during the month following
i) date of despatch or
ii) notification by Seller that goods are ready for delivery, whichever the earlier.
d) If the Buyer fails to make any payments on the due date then,
without prejudice to any other right or remedy available to the Seller,
the Seller shall be entitled to:
i) cancel the contract or suspend any further deliveries to the Buyer; and
ii) charge the Buyer interest on any amount unpaid and overdue at a rate of 2.5% per calendar month.
iii) enter upon any premises where the goods may be found for the
purpose of recovering possession of the goods. The cost of recovering
said goods will be met by the Buyer.
e) Payment may be made by cheque or credit transfer. The Seller
operates a Disclosed Invoice Discounting Agreement with The Royal Bank
of Scotland Commercial Services Ltd. Under the terms of this agreement
cheques should be made out to RBSCS * but sent to Seller i.e. Talking
Business (Office Supplies) Ltd. Credit transfers should be forwarded to
RBSCS, 48 The Centre, High Street, Feltham TW13 4BD - Sort Code
60-08-46 - Account Number 84259086.
* Note: The Royal Bank of Scotland Commercial Services Ltd replaces
Lombard Natwest Discounting Limited following their takeover. Cheques
and Credit Transfers to "LND" are still being accepted until further
notice.
4) Returns & Credits
a) The Seller is under no obligation to accept return of goods supplied
and credit the Buyer accordingly except in the following circumstances:-
i) goods returned as being damaged in transit.
ii) where in the Sellers opinion the goods delivered do not meet the
description of the goods agreed between the Seller and the Buyer when
the order was placed.
Goods not required must be notified in writing within 10 days of
receipt and in original packaging and in re-saleable condition. Goods
must be ready for collection within 10 days of receipt.
b) The Seller reserves the right to make a charge for the return of goods subject to circumstances in a) above.
c) Special orders i.e. products not shown as standard in the Talking
Business Office Products Catalogue cannot be returned or cancelled
under any circumstances.
d) Returns cannot be accepted on food, drinks or chemical cleaning products.
e) No claim for damage to the goods will be considered unless the
Seller is notified immediately by telephone and subsequently in writing
within three days of delivery, after which any claim by the Buyer will
be deemed to have been waived.
f) All goods received and signed for on the delivery note are deemed to
have been examined, checked and acknowledged as being correct in every
detail.
5)Proof of delivery
Proof of delivery can be provided for all deliveries made by Talking
Business (Office Supplies) Ltd, either by own vehicles or by
sub-contracted suppliers or agents providing:-
i) request is made in writing to the Seller.
ii) request is made no later than 60 days from date on Delivery Note or 30 days from date of Invoice, whichever is the latter.
Any Invoice not queried within this time scale will be treated as correct and accepted as due for full payment by the Buyer.
6) Notification of shortages
All shortages, picking errors or damage in transit must be notified in
writing to the Seller within 48 hours of delivery. After this time the
delivery note will be treated as correct and accepted as due for full
payment by the Buyer.
7) Invoice Queries
The content or accuracy of an invoice must be queried within 30 days of
the date of invoice. After this time the invoice will be treated as
correct and accepted.
8) Samples
All samples will be charged at full retail price and credited in full when returned in good order.
9)Cancellation
If the Buyer cancels or attempts to extend or delay the contract or any
part thereof or fails to take delivery of the goods at the time agreed
(if any) or if no time agreed, within a reasonable time, then the Buyer
will be liable in addition to any other right of the Seller to claim
damages to indemnify the Seller against any resulting loss damage or
expense incurred in connection with the supply or non-supply of the
goods or the performance or non-performance of the contract work,
including costs of any material, plant or tools used or intended to be
used thereof and the cost of labour and other overheads including a
percentage in respect of profit.
If the Seller is unable to procure any services or components necessary
to enable it to supply the goods or carry out this contract as a result
of any cause beyond the Seller's reasonable control, the Seller may
cancel this contract by notice in writing so far as it relates to goods
not then supplied or work not then done and no claim shall then be made
by the buyer as the result of such cancellation provided always that
the Buyer shall remain liable to pay for goods delivered or any of the
contract work completed prior to the date of such cancellation.
10) Design and Alterations
Where the goods are manufactured, altered or modified in accordance
with the Buyer's instructions or according to drawings or design or
specification supplied by or on behalf of the Buyer, no warranty is
given by the Seller in respect of the practicability, efficiency,
safety or otherwise of the goods supplied, save as expressly agreed,
and the Buyer will indemnify the Seller against all liability incurred
by the seller as the result of any such goods infringing any rights or
provisions of any statute or regulation for the time being in force.
Any corrections or alterations to any printing proof may be charged as
an extra under this contract, and no responsibility will be accepted
for errors in proofs approved by the buyer after the submission to him
of such proof.
11) Force Majeure
No liability is accepted by the Seller for any direct or indirect loss
arising from non-delivery or delay in delivery of any goods caused by
an Act of God, Riot or Civil Commotion, War, Strike, Lockout, Fire,
Flood, Drought, Act of Government, failure to obtain or shortages of
raw materials or any other cause whatsoever beyond its control.
12) Insurance
All goods left on hire, or approval with the customer/prospective
customer will automatically be deemed to be covered by such company's
insurance policy and or at risk of the intended purchaser as soon as
they are delivered by the seller.
13) Trades Description Act
Products offered for sale may differ from those described or
illustrated in this catalogue due to later production changes in
specifications, components or place of manufacture. The contents of
this catalogue are therefore not to be treated as representative as to
the current availability of products as described, or as products
actually for sale.
14) Company Policy
Talking Business (Office Supplies) Ltd. is a BSI Registered company
with a fully enforced quality control policy. The company aims to
provide a full and comprehensive range of quality office related
products supplied in the least possible time. The company's keyword is
SERVICE and in an attempt to maintain its extremely high levels,
telephone calls may be monitored, and the contents used for training
purposes.
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