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1.
Definitions
"Buyer" means the person or company who
accepts the Seller's Quotation for the sale of the Goods or whose
Order for the Goods is accepted by the Seller;
"Goods" means the goods (including any
instalment of the goods or any parts for them) which the Seller
is to supply in accordance with these Terms;
"Order" means the Buyer's acceptance
of the Seller's Quotation for the Goods or the order placed by the
Seller for the Goods whether by means of individual quotation, any
published Seller's catalogue or Website which the Buyer accepts;
"Quotation" means the written quotation
setting out the price of the Goods provided by the Seller to the
Buyer; "Seller" means Finepackages whose registered address
is at ----
"Terms" means the standard terms of sale
set out in this document and includes any special terms agreed in
writing between the Seller and the Buyer;
These Terms govern the sale of the Goods sold by the Seller to the
Buyer named on the order form provided on the Seller's web site,
catalogue, quotation or other order form via e mail, fax or post
provided by the seller and where the Goods are supplied as a result
of the Buyer's acceptance of the Quotation. The completed order
form or Quotation together with the Terms constitute the entire
and only agreement between the parties in relation to the sale of
the Goods and comprises a legally binding contract between the parties.
2. Price and payment
2.1 If the Buyer places an Order via the Seller's
web site the price payable for the Goods will be set out on the
web site at the time the Seller places the Order.
2.2 The Buyer may place an Order following a written
or verbal quotation from the seller and the prices of the Goods
will be detailed in the said quotation.
2.3 If the Buyer accepts the Seller's Quotation
then the prices contained therein are only valid for the period
of 30 days from the date of the Quotation. If the Buyer wishes to
order the Goods stated in the Quotation after this period then a
new Quotation should be obtained or an enquiry made as regards the
price of the Goods upon making an Order.
2.4 Notwithstanding the above clauses the Seller
reserves the right by giving written notice to the Buyer at any
time before delivery, to vary the price of the Goods to reflect
any increase/decrease in cost to the Seller which is due to any
factor beyond the control of the Seller.
2.5 The Buyer shall be responsible for any charges
of government, carriage and insurance in addition to the price for
the Goods unless otherwise agreed in writing between the parties.
2.6 Subject to clause 2.7, the Seller must receive
payment for the total price of the Goods and any applicable charges
of Govt,, carriage and insurance, before the Order can be accepted
unless otherwise agreed in writing.
2.7 If the Buyer has a credit account with the
Seller, payment shall be made in full within 30 days of the date
of invoice sent by the Seller to the Buyer in relation to the Goods.
Time shall be of the essence for payment. The Seller shall be entitled
to revoke any credit facility if the Buyer fails to make payment
by the due date. In addition, if payment is not made by the due
date, the Seller shall be entitled to charge interest at the rate
of 3 per cent over the then current base rate of HBL Bank on the
amount outstanding from the due date for payment until receipt by
the Seller of the full amount (including any accrued interest) whether
before or after judgement, together with any reasonable legal or
other recovery costs.
3. Delivery and title
3.1 Delivery of the Goods shall be made by the
Seller to the address of the Buyer as stipulated on the Order, or
by Buyer collecting the Goods at the Seller's premises at any time
after the Seller has notified the Buyer that the Goods are ready
for collection. A signature indicating safe receipt of the Goods
will be required on delivery or collection.
3.2 Any dates quoted for delivery of the Goods
are approximate only and the Seller shall not be liable for any
delay in delivery of the Goods howsoever caused.
3.3 If the Buyer fails to take delivery of the
Goods then without limiting any other right or remedy available
to the Seller, the Seller may store the Goods until actual delivery
and charge the Buyer for the reasonable costs (including insurance)
of storage.
3.4 Risk of damage to or loss of the Goods shall
pass to the Buyer:
a) in the case of Goods to be delivered at the Buyers premises,
at the time of delivery or, if the Buyer wrongfully fails to take
delivery of the Goods, the time when the Seller has tendered delivery
of the Goods; or
b) in the case of Goods being collected from the Seller's premises,
at the time when the Seller notifies the Buyer that the Goods are
available for collection.
3.5 Notwithstanding delivery and
the passing of risk in the Goods, or any other provision of these
Terms, the property in the Goods shall not pass to the Buyer until
the Seller (or the Seller's assignee in the case of assigned invoices)
has received in cash or cleared funds payment in full of the price
of the Goods together with any Govt charges , carriage and insurance.
3.6 Until such time as the property in the Goods
passes to the Buyer, the Seller may at any time require the Buyer
to deliver up the Goods to the Seller, and if the Buyer fails to
do so forthwith, enter on any premises of the Buyer or any third
party where the Goods are stored and repossess the Goods.
4. Availability
4.1 The Seller shall endeavour to hold sufficient
stock to meet all Orders, however if there are insufficient stock
to supply or deliver the Goods already paid for by the Buyer, the
Seller shall, at its discretion, supply or deliver a substituted
product or refund to the Buyer the price paid for the Goods as soon
as possible and in any event within 30 days or, where the Buyer
is an account customer, The Seller may, at its absolute discretion,
raise a credit to offset the amount invoiced to the Buyer.
4.2 Customised Products. The seller shall be entitled
to vary the quantity of any Customised Products by plus or minus
10% of the total Order.
5. Cancellation and
returns
5.1 The Buyer shall be entitled to cancel the Order
for Standard & Stock Products by giving to the Seller notice
of cancellation within 30 days of the date of collection or delivery.
Such notice may be given by mailing, faxing or emailing to the number
or address set out on the order form. If there is a defect or fault
in the Goods, the Buyer is required to notify the seller of the
problem at the time of cancellation.
5.2 On cancellation, the Buyer shall return the
Goods to the Seller at its own cost unless the Goods are being returned
because they are faulty, incorrect goods or because of unsuitable
substitution by the Seller, in which case the Seller will meet the
cost of return subject to being able to nominate the carrier.
5.3 If the Buyer wishes to cancel an order, notice
of cancellation must be made within 7 days of placing the Order,
however, such cancellation shall be subject to a fee in respect
of any work carried out by the Seller up to the date of receipt
of such notice.
5.4 Where the Buyer returns Goods to the Seller
for reasons other than such Goods being defective or faulty, the
Seller reserves the right to charge the Buyer a fee in respect of
restocking the said Goods.
5.5 The Buyer is required to ensure that any Goods
being returned to the Seller are safely and securely packaged to
ensure that they are returned undamaged and suitable for re-sale.
The Seller reserves the right to charge the Buyer for any Goods
which it is unable to re-sell due to the Buyer's failure to comply
with this clause 5.5.
6. Liability
6.1 A claim by the Buyer which is based on any
defect in the quality, quantity or condition of the Goods shall
be notified to the Seller in accordance with clause 5.1 or (where
the defect or failure was not apparent on reasonable inspection)
within 7 days of the discovery of the defect or failure. If delivery
is not refused and the Buyer does not notify the Seller accordingly,
the Buyer shall have no right to reject the Goods and the Seller
shall have no liability for such defect or failure, and the Buyer
shall be bound to pay the price as if the Goods had been delivered
in accordance with the contract.
6.2 Where the Buyer does notify the Seller that
there is a valid claim in respect of any of the Goods the Seller
may replace or repair the Goods or at its discretion refund to the
Buyer the price of the Goods, in which case the Seller shall have
no further liability to the Buyer. For the sake of clarity, the
Seller shall not be liable to the Buyer for any loss of profits,
administrative inconvenience, disappointment, indirect or consequential
loss or damage arising out of any problem in relation to the Goods
and shall have no liability to pay any money to the Buyer by way
of compensation other than any refund made under these Terms. This
does not affect the Buyer's statutory rights as a consumer, nor
is it intended to exclude the Seller's liability to the Buyer for
fraudulent misrepresentation or for death or personal injury resulting
from the Seller's negligence.
6.3 Subject to clause 6.4 the Seller warrants that
the Goods will be free from defects in material and workmanship
for a period of 6 months from the date of delivery unless otherwise
stated in writing.
6.4 The warranty is given by the Seller subject
to the following conditions:
6.4.1 The Seller shall be under no liability in
respect of any defect in the Goods arising from any drawing or specification
supplied by the buyer;
6.4.2 The Seller shall be under no liability in
respect of any defect arising from fair wear and tear, wilful damage,
negligence, abnormal working conditions, external force, damage
caused by the Buyer or any other party, or damage caused by the
incorrect installation, use, modification or repair of the Goods;
6.4.3 The Seller shall be under no liability under
the above warranty if the total price for the Goods has not been
paid by the due date for payment;
6.4.4 The above warranty does not extends to parts,
materials or equipment not manufactured by the Seller;
6.4.5 The above warranty is given solely to the
Buyer and is not transferable to any third party.
7. Termination
The Seller shall be entitled to suspend further supply or delivery,
stop any goods in transit or immediately terminate the contract
with the Buyer by notice in writing if the Buyer is in breach of
an obligation hereunder or becomes unable to pay its debts when
they fall due or proceedings are commenced by or against it alleging
bankruptcy or insolvency. Upon termination, all monies owing to
the Seller (or the Sellers Assignee in the case of assigned invoices)
in accordance with these Terms becomes immediately due and payable
and the Seller shall be under no further obligation to supply any
goods to the Buyer.
8. Force majeure
The Seller shall have no liability to the Buyer for any failure
or delay in supply or delivery or for any damage or defect to the
Goods supplied or delivered hereunder that is caused by any event
or circumstance beyond our reasonable control (including without
limitation strikes, lockouts, acts of God and the like.)
9. General
If any part of these conditions is invalid, illegal or unenforceable
(including any provision in which the Seller excludes its liability
to the Buyer) the validity, legality or enforceability of any other
part of these conditions will not be affected. This contract shall
be governed by and interpreted in accordance with English law.
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