TERMS ANDCONDITIONS OF SALE.
1. DEFINITIONS. In these conditions of sale:
a) 'The seller' means theperson , company or the firm selling the goods
b) 'The customer' means theperson, company or the firm purchasing the goods.
c) 'The goods' means the orderplaced by the customer for the supply of goods.
2. GENERAL. Unlessotherwise expressly agreed in writing by the seller these conditions shallapply to all orders received and accepted. If the customer's order contains printed conditions then such conditionsbind the seller only to the extent that they do not conflict with theseconditions and have been accepted in writing by the seller.
In the event thatthe customer is not strictly held to these terms, the seller shall be entitledto rely on them later if the seller so wishes.
3.VARIATION. No alterations or variations of the terms andconditions of any order are binding on the seller unless agreed by the sellerin writing. The seller may substitute products to that of a similar nature withoutconsent from the buyer.
4. PRICES. Pricesgiven or quoted are exclusive of Value Added Tax or any other revenue chargelike packing, carriage, delivery or handling. If there is any increase in thecost of the goods to the seller or in the rate of Value Added Tax prior todelivery or collection of the goods, the price thereof will be adjusted toreflect such increase.
Unless otherwisestated in writing, quotations are available for acceptance for 30 days from dayof issue. There is a 5% surcharge on credit card holders below £5.00
5.CANCELLATION. Cancellation of any ordercannot be made without the seller's written consent A 5% charge will made oncanceled Credit Card orders.
Orders accepted bythe seller. Can only be amend by his consent and then only on terms, which willindemnify the seller against any loss, incurred. Cancellation of any order fora saleable item may be accepted without charge at the sole discretion of theseller. In event of the seller accepting cancellation of items, which havebeing made special to order, the buyer will be required to pay the whole costof work involved up to cancellation
6. PAYMENT. Payment shall be made by Account holdingcustomers no later than 30 days from the date of invoice. All cheques, postal orders or other forms ofpayment shall be made payable to 'ADVANTURE'. In the case ofdispute or legal proceedings the seller's offices at the address shown on theinvoice is to be deemed the place where payment is made. The seller shall be entitled to charge andthe customer shall pay interest calculated at the rate of 9 % per month upon any invoice not paid in time in accordance with thisclause from the date of issue of the relevant invoice or invoices.
If the buyer failsto pay in full for goods delivered by the date for payment under clause 6above, the seller shall be entitled to bring action for the price notwithstanding that property in the goods has not passed to the buyer. We reservethe right to assert any further claims resulting from loss arising from defaultin any event. The legal and non-legalcosts (whether or not legal proceedings are instituted) incurred for enforcingthe claim and collecting the debt including the fees of the collecting agenciesand solicitors shall be reimbursed to us.
a) Until payment bythe customer of all monies payable by the customer to the seller under this orany contract, the property in the goods or any part of them shall not pass tothe customer but shall remain with the seller.
b)Until theproperty has so passed the customer shall hold the goods as bailee and will atits own expense keep the goods safe and insured against customary commercialrisks and shall keep them separately stored in a readily identifiable state asthe seller?s property.
c)Until theproperty in the goods has so passed the customer shall return the goods to theseller on demand and the seller shall without prejudice to any other rights beentitled to go upon the property of the customer and repossess and remove thegoods.
d)The customersshall be at liberty to sell the goods in the ordinary course of business. The proceeds of any such sale and the benefitof any contact of sale shall be the property of and held in trust for theseller absolutely, separate from its own monies in a separate account.
8.PASSING OFRISK. The goods shall be at thecustomer's risk from the date of delivery. It is the buyer responsibility toensure the use of the supplied equipment is legal in the country of use.
9.DESPATCH. Time of despatch shall not be of essence ofthe contract. Delivery of the goods maybe wholly or partially suspended (as the case may require) during any delay inthe preparation or manufacture of the goods for whatever reason. The customer shall not hold the sellerresponsible for any direct or indirect loss which may arise if delivery isdelayed.
10.DAMAGE OR LOSSIN TRANSIT AND SHORTAGE. Where theseller has agreed to deliver the goods no liability is accepted by the sellerfor the damage or loss during or any shortage. Unless the customer Signs thatthey have received Damaged or unchecked goods on the Consignment note andnotifies the seller in writing within three days of receipt of the goods. Inany event, the seller's liability shall be limited under clause 12 hereof. Notification to the seller must in all casesbe given to the address shown on the invoice.
11.GENERALLIABILITY. The seller's liability forany loss and/or any damage whether direct or indirect consequential orhowsoever caused shall be limited to replacement at the option of the seller ofthe goods which are notified to the seller in writing as being defective withinthree days of the date of delivery provided that the seller shall be under noliability if the customer fails to adhere strictly to the terms of paymentprovided for herein or if the goods have not been used or retained reasonablyor properly.
12.ASSIGNMENT. The contract of which these conditions formpart is personal to the customer who shall not assign the benefit thereofwithout the seller's written consent.
13.LEGALCONSTRUCTION. The contract shall in allrespects be constructed and operated as an English contract and conformity withEnglish law and subject to
the exclusivejurisdiction of the English courts.
14. RETURNS . As most of the supplied products are producedsolely to meet the need of the buyer it is regrettable that we operate under anon-refund basis. If the supplied goods are of an un-merchantable quality thenthe goods shall be repaired or replaced at the sellers discretion. In exceptionalcircumstances the seller may accept goods back under the following conditions. The buyer must provide an invoice/deliverynote number and date of purchase with a reason for return within 14 days. It isthe buyer's responsibility to return at their expense any unwanted items. Thebuyer must ensure that goods for return must be in a resaleable condition andin their original containers or wrapping. Upon receipt these goods shall beexamined for merchantable quality. Defective goods will not be credited if itis proven that the failure has been caused by bad fitting, misuse or underspecification. It is the seller's policy to impose a restocking charge of 20%on all returns where the buyer is liable. The seller shall offer payment or thereturn carriage cost if the returned goods are not of merchantable quality,limited by the seller's own carriage cost rates.
15. DEFECTS AFTERDESPATCH All goods will be examined forcondition upon disclosure of defects. Faults due to manufacture will be coveredby the product
guarantee and willbe replaced or repaired free of charge.If it is proven that failure had been caused by bad fitting, misuse or underspecification, replacements or
repairs will bedeemed chargeable at current price. It is the customer's responsibility toreturn faulty items back to the manufacturer, and comply to the manufactures