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TERMS AND CONDITIONS OF SALE
In these Terms and Conditions 'The Company' means
Hazel Electronics Ltd., 'Goods' means the goods described in the
company’s invoice and 'The Customer' means the person or firm or
company that purchases the Goods.
1.
If on credit terms, payment should be
made on due dates, after 30 days strict from invoice date, without
any delay, deductions, withholding or set off.
2. The
Customer must inspect the Goods as soon as is reasonably practicable
3.
The Company shall not be liable for any
defect in the Goods unless written notice is given to the Company
within 10 days of delivery.
4. The
quantity of Goods, as recorded by the Company on despatch, shall be
conclusive evidence of the quantity received by the Customer, unless
the Customer can provide conclusive evidence to the contrary. The
Company will not be liable for any non-delivery of Goods unless
written notice is given to the Company within 5 days of the date
when Goods should have been delivered. Any liability of the Company
for non-delivery or for Goods notified as defective on delivery will
be limited to replacing the Goods or refunding the price paid taking
note of point (5).
5. No
order can be cancelled or accepted for credit without the prior
written agreement of the Company.
If cancellation/credit is accepted by the
Company, the Customer must first obtain a returns authorisation
number from the Company. The Company will normally arrange the
collection of Goods but may require the customer to return smaller
items which can easily be posted. When Goods returned because of
Customers responsibility, Customers must arrange the return and pay
for the cost of it within 7 days of their delivery by the Company,
and must be undamaged, in saleable conditions and in their original
packaging. Where the Customer is responsible for returning Goods,
they should be returned to the Company’s address shown on the
invoice quoting the Customer’s account and order numbers and the
customer should provide proof of delivery for them. Goods remain at
the risk of the Customer until collected by or returned to the
Company (whichever is appropriate). All Goods accepted for return
will be subject to a re-stocking fee of 30% of the Goods invoice
value.
6.
Risk passes on delivery, but ownership of
the Goods will not pass to the Customer until the Company has
received in full all sums due in respect of the Goods.
7. It
is the Customers responsibility to check as to the availability
and/or terms of any guarantee. If the Company’s guarantee is
provided, the Company will, free of charge, repair or, at the
Company’s option, replace Goods which are proved, to the reasonable
satisfaction of the Company, to be damaged or defective due to
faulty materials, workmanship or design. This obligation will not
apply to Goods which have been repaired or altered, if the Goods
have been missed, incorrectly installed or inappropriately
maintained or stored.
8.
Any delivery date quoted by the Company
is an estimated date and the Company shall not be liable for any
loss or damage occurring through any failure to meet such date.
Goods may be delivered in instalments.
9. All
claims of non-delivery, missing items or damage of Goods in transit
must be made to the Company within 48 hours of the document date.
10. No
claim for missing items or damage will be considered unless the
signature of the recipient on the delivery note is appropriately
qualified.
11. Any
indulgence granted by the Company to the Customer or any waiver by
the Company of its rights under these Terms and Conditions in
respect of any particular transaction or series of transactions
shall not be deemed an agreement to confer the same indulgence or
waiver of the Company’s rights in respect of any further
transaction(s).
12. The
Company shall not be liable in respect of any shortage of or failure
to supply goods where such shortage of or failure is due to Act of
God, War, Shortages of Supply, Riots, Civil Commotion, Strikes,
Lockouts, Stoppages or Restraint or Withdrawal of Labour for
whatever cause whether partial or general or any other reason beyond
the control of the Company, and the Company in such circumstances
shall not be liable in respect of any consequential loss to the
Customer.
13. The
sale contract shall be in all respects governed by English Law and
shall be deemed to have been made in England and the Customer and
the Company agree to submit to the non-exclusive jurisdiction of the
English Courts.
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