Terms & Conditions
- 1. Interpretation
In these Terms and Conditions (Terms), the following words and phrases shall have
the following meanings: “the Buyer” means the person, firm or company who purchases
the Goods from the Company: “the Company” means Computanet (Hull); “Contract”
means the contract between the Company and the Buyer which shall be deemed to
incorporate these Terms; “Goods” means any goods agreed in the Contract to be
supplied by the Company to the Buyer; “Place of Delivery” means the place to which
the Goods are to be delivered. In these Terms, reference to any statute or statutory
provision shall be construed as a reference to such statute or statutory provision
as amended, modified, re-enacted or replaced from time-to-time.
- 2. The Contract
The Contract shall be on these Terms to the exclusion of all other terms and conditions,
including any such terms and conditions that are purported to be included or applied
by the Buyer .No terms and conditions contained in the confirmation of order,
purchase order or other document of the Buyer will form part of the Contract.
- 3. Delivery
Unless otherwise agreed in writing, the Place of Delivery shall be the Company’
premises and the Buyer shall take delivery within 7 days of the Company notifying
the Buyer that the Goods are ready for delivery. Any dates specified by the Company
for delivery of the Goods are intended to be an estimate only. If no date is specified
for delivery of the Goods, delivery shall be within a reasonable time. Subject
to the other provisions of these Terms, the Company shall not be liable for any
loss, whether direct or consequential, economic or loss of profits or otherwise,
arising directly or indirectly out of any delay in the delivery of the Goods nor
will any delay entitle the Buyer to terminate or rescind the Contract unless the
delay exceeds 60 days.
- 4. Risk in and Ownership of the Goods
Risk in the Goods shall pass to the Buyer on delivery Ownership in the Goods shall
not pass to the Buyer until the Company has received in full in cleared funds
all sums due to the Company in respect of the Goods and all other sums which are
or may become due to the Company from the Buyer on any account. Until ownership
of the Goods has passed to the Buyer, the Buyer shall: hold the Goods on a fiduciary
basis as the Company’s bailee; not destroy or deface any identifying mark on the
Goods or their packaging;
- 5. Price
The price for the Goods shall, unless otherwise agreed, be the price set out on
the date of delivery in the Company’s price list. The price for the Goods shall
be exclusive of all costs of carriage and insurance and applicable VAT which the
Buyer shall pay in addition. The Buyer shall pay such deposit as the Company shall
direct.
- 6. Payment
Subject to paragraph 5, payment of the price of the Goods shall be due 30 days
from the date of the Company’s invoice for the Goods. Payment shall not be deemed
to have taken place until the receipt by the Company of cleared funds.
- 7. Warranties
The Company warrants that the Goods are of satisfactory quality. If the Buyer
wishes to make a claim under this warranty, the Buyer shall give written notice
to the Company within 30 days of the discovery of the defect and give the Company
a reasonable opportunity to inspect the Goods in question. The Company shall not
be liable for any breach of warranty if the Buyer makes any further use of the
Goods after giving such notice or alters or repairs the Goods without the agreement
of the Company. The Company’s liability under the warranty shall be limited to
repairing or replacing the Goods in question or refunding the price of such Goods.
- 8. Limitation of Liability
The entire liability of the Company to the Buyer in respect of any claim whatsoever
or breach of this Agreement, whether or not arising out of negligence, shall be
limited to the price paid by the Buyer to which the claim relates. In no event
shall the Company be liable to the Buyer for any loss of business, loss of opportunity
or loss of profits or for any other indirect or consequential loss or damage whatsoever.
This shall apply even where such a loss was reasonably foreseeable or the Company
had been made aware of the possibility of the Buyer incurring such a loss. Nothing
in these Terms and Conditions shall exclude or limit the Company’s liability for
death or personal injury resulting from the Company’s negligence or that of its
employees, agents or sub-contractors.
- 9. Force Majeure
If either party is subject to an event of Force Majeure, that is circumstances
outside its reasonable control, including but not limited to war, fire, industrial
disputes or civil commotion, it shall notify the other and the first party’s obligations
under these Terms shall be suspended until it notifies the other party of the
end of such event of Force Majeure.
- 10. General
If any part of these Terms is found to be void or unenforceable by any Court of
competent jurisdiction, such part shall be severed from these Terms which will
otherwise remain in full force and effect. These Terms shall be governed by and
interpreted according to English Law and the parties submit to the exclusive jurisdiction
of the English Courts.