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Terms & Conditions
All quotations, offers and contracts are subject to the following terms and conditions (Conditions). The company Product Point and the buyer means any purchaser of goods (Goods) in accordance with these conditions. By placing an order with the Company the Buyer makes an offer to purchase goods in accordance with these conditions. The order is subject to acceptance by the Company by confirmation in writing or by dispatch of the goods (whichever is sooner), at which stage the contract is formed. Only the parties to the contract may seek to enforce these conditions.
There shall be no variations in these conditions (whether contained in any order from the Buyer, whether implied by trade, custom, course of dealing or otherwise) unless written agreement has been obtained from the Company.
The price of the Goods shall be the quoted price, or where no price has been quoted, will be that listed in the current price list on the date of formation of the contract. All prices are quoted exclusive of vat which will be charged at the rate ruling on the date of dispatch.
The Company reserved the right to refuse to accept an order for purchase of Goods if the Buyers credit or payment record is unsatisfactory, unless payment is made in full before dispatch.
Where a Buyer has an approved account with the Company (at its sole discretion) full payment (without deduction or set off) is due by the end of the month following the invoice date. No cash discounts are allowed. Where no such credit terms apply, Goods are subject to payment in full before dispatch, unless otherwise agreed in writing by the Company.
If the Buyer fails to make payment one the due date, the Company reserves the right to: (i) charge the Buyer interest on the overdue amount at a rate of 4% per annum above the Bank of England’s base rate from time to time (accruing daily from the due date until actual payment, whether before or after any judgement); and/or (ii) to suspend all delivery of Goods until payment has been made in full.
The Goods shall remain the property of the Company until paid for in full and, until title of the Goods has passed to the Buyer the Buyer shall hold the Goods on a fiduciary as the Company’s bailee. The Company reserves the right to resume possession, including entering the premises where the Goods are located, without prior notice.
The risk in the Goods will pass on completion of delivery to the Buyer irrespective of whether title has passed or not.
Clerical errors and submissions are subject to correction without notice.
Goods dispatched may not be returned by the Buyer unless the Goods are faulty or with the prior written agreement of the Company. Where the Buyer has incorrectly ordered Goods and the Company has agreed they may be returned, the Company reserve the right to charge a 15% handling charge to cover clerical and other expenses. All Goods must be properly packaged, labelled correctly, and returned to the Company carriage paid. The Goods shall be at the Buyers risk during transit, and any damage during transit of returned Goods shall be the responsibility of the Buyer.
Every effort will be made to keep to quoted delivery dates (including “next day” deliveries) but the Company will not be liable for any delays or additional costs how so ever caused, and time shall not be of the essence. Every delivery shall be considered as a separate contract, and the failure of any delivery shall not vitiate the contract as to the deliveries.
No responsibility for damage or shortages unless the Goods are signed for as such on the delivery sheet(s). In all cases, damage or shortages must be notified to the Company in writing within 24 hours of delivery.
The Company reserves the right to amend prices without prior notice.
All Goods are sold with the benefit of any manufacturer’s warranty, details of which vary between Goods, which the Company will use its best endeavours to transfer to the Buyer (including in respect of any parts and components if relevant) Should any Goods prove to be defective within the relevant warranty period the Buyer should return them to the manufacturer for repair. Removal, return and installation costs of any item shall be borne by the Buyer.
Nothing in these Conditions shall limit or exclude the Company’s liability for death or personal injury caused by its negligence, for fraud or for any other matter where it would be unlawful for the Company to limit or exclude its liability.
Subject to the above Condition, the Company shall in no circumstances whatever be liable to the Buyer whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss of profit or for any indirect or consequential loss and the Company’s total liability to the Buyer in no circumstances exceed the price of the Goods.
These conditions supersede any terms supplied by the Buyer and supersede any all prior terms and Conditions supplied by the Company, unless agreed by it in writing.
A waiver of any right or remedy by the Company is only effective if given in writing and shall not be deemed a waiver of any subsequent beach or default.
If any court or competent authority finds that any provision of these conditions is invalid, illegal or unenforceable, the relevant provision shall be deemed to be deleted and the remaining provisions shall not be affected. If any invalid, illegal or unenforceable provision can be rectified by deletion, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable’.
These Conditions and/or any contract subsisting between the Company and the Buyer shall be governed and construed in all respects in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.