Home  Legal Terms & Conditions GENERAL TERMS AND CONDITIONS OF SALE
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GENERAL TERMS AND CONDITIONS OF SALE |
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Except where expressly agreed to in writing by Integrated Business Research Systems Plc. (also known as IBRS Plc.) (Hereinafter referred to as "the Company") every quotation, receipt, invoice, price list or other document, issued by the Company and all sales and other supplies made by the Company to any purchaser, are deemed to be and/or are on and subject to the following terms and conditions:
OFFER
1. All prices and estimates quoted by the Company are exclusive of value added tax and carriage unless otherwise stated.
2. All orders are accepted on the understanding that goods will be invoiced at the price ruling at the date of dispatch, and are subject to carriage charges and the rate of value added tax applicable at the date of receipt of order.
PAYMENT
3. All prices are net and no settlement discount is allowed. Except where otherwise agreed to in writing by the Company, payment in full shall be made no later than the time when the goods are delivered to the Purchaser.
4. In such cases where credit is agreed to by the Company in writing, the debtor's accounts shall be settled in full not later than twenty-eight (28) days from the date of invoice. Any accounts unpaid when due shall carry interest at one and a half percent (1½%) per month over the base rate until paid before as well after any judgement obtained in respect of the amount outstanding from the purchaser.
SALE AND PURCHASE
5. Goods are only supplied on a definite sale and purchase basis. Unless otherwise agreed in writing, the Company will not supply goods on either sale or return, guaranteed sale, consignment or approval.
RETURNS
6. In the event that a purchaser shall return goods which have been ordered the Company may elect in its absolute discretion to permit the cancellation of the order subject to payment by the purchaser of 15% of the total order value together with the costs of the return carriage. The Company in its discretion shall refuse to accept any goods returned in a condition other than the condition in which they were dispatched to the purchaser.
DELIVERY
7. Except where otherwise agreed, goods will be delivered to the purchaser at its trading premises in the United Kingdom. The purchaser shall be solely liable for the costs of delivery.
8. The Company will seek to deliver the goods ordered by the purchaser within the time requested by the purchaser. However, such time shall not be a condition of the contract and the Company shall not be liable for any losses incurred by the purchaser (whether directly or indirectly) as a consequence of any late delivery of goods, or inability to supply goods ordered.
9. The Company reserves the right to withhold or suspend delivery of goods to a purchaser if any account has not been paid by a purchaser when due.
CLAIM FOR DAMAGES
10. Any damage caused to the goods prior to delivery to the purchaser, or short or mistaken delivery, must be notified to the Company in writing within 24 hours of the goods being delivered to the purchaser.
RESERVATION OF TITLE AND TRANSFER OF OWNERSHIP
11. Property and/or title in the goods ordered by and delivered to a purchaser shall remain vested in the Company and all such goods shall be held by the purchaser as bailee for the Company, until all monies owed by the purchaser to the Company on any account whatsoever have been paid in full.
12. Sales by the purchaser of goods in respect of which property and/or title to such goods has not passed to the purchaser and which the purchaser holds as bailee for the Company (in accordance with clause 11 above) shall be made by the purchaser as agents for and on behalf of the Company. All and any monies received by the purchaser in respect of the sale of such goods by the purchaser shall be held by the purchaser as trustee for the Company and all such monies shall be held separately from any other monies and funds, and shall be paid immediately to the Company.
LIABILITY OF THE COMPANY
13. No warranties or undertakings or representations are given by the Company in respect of the goods other than those contained herein or otherwise imposed by law.
14. The Company shall not be liable for any statement or expression of opinion by its staff or agents to representatives or agents of the purchaser with respect to the uses to be made of the goods.
15. Save as may be imposed by law the Company shall not be liable for consequential damage due to the failure of or any defect in the goods and shall not be liable for any damage, whether or not consequential, arising from the use of the goods or the ability of the Company to deliver the goods or materials as requested or at all.
TERMS
16. These terms and conditions shall prevail over any conflicting provisions to sought to be imposed by a purchaser.
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