2.6
Goods accepted for exchange or donation, Under the Sale of Goods Act
1979, the ownership (known as "title") to goods passes to Apuljack
Electronics as soon as the exchange or donated item(s) have been
delivered.
3.4
Standard Repair Prices are charged for repairs which fall into the
category of Standard Repairs. The charges vary depending on the types of
unit(s) being repaired.
Non-Standard Repair Prices
will be charged according to the specialist parts used and a reflection
of the time spent on repair.
No Fault Found Fee is charged
for the time spent on investigation and testing.
4.
TERMS OF PAYMENT
4.1
Subject to any special Terms agreed in writing between the Buyer
and Seller, the Seller shall be entitled to invoice the Buyer for the
price of the Goods at the point of order or at any time after delivery of the Goods unless
the Goods are to be collected by the Buyer or the Buyer wrongfully fails
to take delivery of the Goods, in which case the Seller shall be
entitled to invoice the Buyer for the Goods at any time after the Seller
has notified the Buyer that the Goods are ready for collection, or, (as
the case may be) the Seller has tendered delivery of the Goods.
4.2
The Buyer shall pay the price of the Goods without deduction
within 30 days of the date of the Seller’s Invoice, notwithstanding that
delivery may not have taken place and the property and the goods is not
part of the Buyer. The time of payment of the price
shall be at the essence of the Contract.
4.3
If the Buyer failed to make any payment on the due date, then
without prejudice to any other right or remedy available to the Seller,
the Seller shall be entitled to (a) cancel the Contract or suspend any
further deliveries to the Buyer, (b) appropriate any payment made by the
Buyer to such of the Goods (or to the Goods supplied under any other
Contract between the buyer and the Seller), as the Seller may think fit,
and (c) charge to the Buyer interest on the amount unpaid at the rate of
2% per annum above Barclays Bank PLC base rate from time to time in
force until payment in full is made.
5.
DELIVERY
5.1
Delivery of the Goods shall be made by the Buyer collecting the
Goods at the Seller’s premises at any time after the Seller has notified
the Buyer and the Goods are ready for collection or, if some other place
of delivery is agreed by the Seller, by the Seller delivering Goods to
that place.
5.2
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. Time for delivery shall not
be of the essence unless previously agreed by the Seller in writing.
Goods may be delivered by the Seller in advance, quoting a
delivery date upon giving reasonable notice to the Buyer.
5.3
Failed delivery of Goods to the Buyer by the Courier will be
returned to the Seller. This incurs a returns delivery charge which the
Buyer is liable for. In order to resend Goods Buyers will in
addition need to pay a delivery charge.
5.4
If the Buyer fails to take delivery of the Goods or fails to give
the Seller adequate delivery instructions, the time stated for delivery
then without prejudice to any other right and remedy available to the
Seller, the Seller may (a) store the Goods until actual delivery and
charge the Buyer for reasonable costs, including insurance for storage;
or (b) sell the Goods at the best price readily obtainable and (after
deducting all reasonable storage and selling expenses) account to the
Buyer for the excess over the price under the contract or charge the
Buyer for any shortfall below the price under the contract.
6.
COLLECTION
6.1
Any dates given for collection are considered as a request by the
Seller. The Seller will endeavour to adhere to the requested date
but no guarantee will be given. Time for collection shall not be
given.
6.2 If
the parcel is not available for collection, incorrectly packaged, a
restricted item or over sized (contact us if you are unsure what this
is) then the Seller reserves the right to charge excess charges to the
Buyer.
6.3
The Seller reserves the right to cancel the collection from the Buyer
for any reason. In the event of cancellation of the collection,
charges may still apply.
6.4
The Seller does not offer any form of insurance or guarantee for this
collection service. In the event of loss or damage, the Seller will not
be liable for any payment or consequential losses. The Seller may,
at their discretion, attempt to claim against the collecting courier for
the loss or damage. Time for this claim will not be of the essence
and the Seller will not be held to any timescales by the Buyer.
6.5
The Seller may, at their discretion, offer the Buyer an alternative
item, at additional cost, if the original item is lost or damaged. Full
payment of the original order, delivery and collection must be received
by the Seller before the offer of any new/replacement item will be
accepted. Monies paid in respect of the original order and any
obtained in the event of a claim will be offset against the cost of this
alternative item. Full payment for these alternative items must
be received by the Seller before items will be despatched to the Buyer.
7.
RISK AND PROPERTY
7.1
Risk of damage to, or loss of the Goods shall pass to the Buyer;
(a) in the case of Goods to be collected from the Seller’s premises at
the time when the Seller notifies the Buyer that the Goods are available
for collections; or (b) in the case of Goods to be delivered otherwise
than at the Seller’s premises, at the time of delivery or, if the Buyer
wrongfully fails to take delivery of the Goods, the time when the Seller
or its agent has tendered delivery of the Goods.
7.2
Notwithstanding delivery and the passing of risk in the Goods, or
any other provision of these Conditions, the property and the Goods
shall not pass to the Buyer until the Seller has received in cash or
cleared funds, payment in full of the price of the Goods and all other
Goods agreed to be sold by the Seller to the Buyer for which payment is
then due.
7.3
Until such time as the property and the Goods passes to the
Buyer, (and provided the Goods are still in existence and have not be
resold) the Seller shall be entitled at any time to require the Buyer to
deliver up the Goods to the Seller, and the Buyer fails to do so
forthwith, to enter up on the premises of the Buyer, or any Third Party
where the Goods are stored and repossess the Goods.
7.4
Should the Buyer alter the Goods by subjecting them to any
manufacturing process or incorporating them into another product or
mixing them in any way the Seller will own the resulting product
(hereinafter called “the Altered Goods”) until payment due under all
Contracts between the Seller and the Buyer has been made in full and all
the Seller’s rights under these Terms and Conditions shall extend to the
Altered Goods.
8.
WARRANTIES AND LIABILITY
8.1
Subject as expressly provided in these conditions and except
where the Goods are sold to the person dealing as a Consumer (within the
meaning of the Unfair Contract Terms Act 1977) all Warranties,
Conditions or other Terms implied by Statute or Common Law are excluded
to the fullest extent permitted by law.
8.2
Any claim by the Buyer which is based on any defect in the
quality or condition of the Goods or their failure to correspond with
specification shall (whether or not delivery is refused by the Buyer) be
notified to the Seller within seven days from the date of delivery or
(where the defect or failure was not apparent on reasonable inspection)
within the reasonable time after discovery of the defect or failure.
If delivery is not refused and the Buyer does not notify the
Seller accordingly the Buyer shall not be entitled to reject the Goods
and the Seller shall have no liability for such defect or failure, the
Buyer shall be bound to pay the price as if the Goods had been delivered
in accordance with the contract.
8.3
Where any valid claim in respect of any of the Goods which is
based on any defect in the quality or condition of the Goods or their
failure to meet specification is notified to the Seller in accordance
with these Conditions, the Seller shall be entitled to replace the Goods
(or the part in question) free of charge or, at the Seller’s sole
discretion refund to the Buyer the price of the Goods (or a
proportionate part of the price) but the Seller shall have no further
liability to the Buyer.
8.4
Except in respect of death or personal injury caused by the
Seller’s negligence the Seller shall not be liable to the Buyer by
reason of any representation or any implied Warranty, Conditions or
other Term or any duty at Common Law, or under the express Terms of the
Contract, for any consequential loss or damage (whether for loss of
profit or otherwise) costs, expenses or other claims for consequential
compensation whatsoever (and whether caused by the negligence of the
Seller, its Agent or otherwise) which arise out of or in connection with
the supply of the Goods for their use or resale by the Buyer, except as
expressly provided in the conditions.
8.5
The Seller shall not be liable to the Buyer or be deemed to be in
breach of the Contact by reason of any delay in performing or any
failure to perform any of the Seller’s obligations in relation to the
Goods if the delay in performing or any failure was due to any cause
beyond the Seller’s reasonable control. Without
prejudice to the generality of the foregoing the following shall be
regarded as causes beyond the Seller’s reasonable control;
(a)
Acts of God, explosion, flood, tempest, fire or accident;
(b)
war, or threat of war, sabotage, insurrection, civil disturbance
or requisition;
(c)
acts, restriction, regulations, bylaws, prohibitions or measures
of any kind on the part of any Governmental, Parliamentary or Local Authority;
(d)
import or export regulations or embargoes;
(e)
strikes, lock-outs or other industrial actions or trade disputes
(whether involving employees of the Seller or a Third party);
(f)
difficulties in obtaining raw materials, labour, fuel, parts of
machinery;
(g)
power failure, internet failure or breakdown in machinery.
8.6
Where the Seller incurs any liability whether by Court
proceedings or bona fide out of Court settlement as a result of a claim
against the Seller in respect of an alleged defect in the Goods then the
Buyer shall indemnify the Seller against such liability.
8.7 (a) All stated Warranties on works carried out for Repairs and
Upgrades are not transferable by the Buyer.
(b) All stated Warranties on Goods and Items for Sale are not
transferable by the Buyer.
(c) The Buyer is responsible for the Sending and Return of Goods under
Warranty for works to be carried out for Repair and Upgrade.(i.e.
pays the Postage and Packaging cost or Delivers the Goods.)
8.8
The Seller may exercise the right as regards uncollected goods under the
Torts (Interference with Goods) Act 1977 and if the goods are not
collected when the work is completed, or before any notice to that
effect expires, the repairer may proceed to sell or dispose the goods
subject to any notice under the Act. Sending an invoice may be regarded
as having sent written notice of 3 months.
9.
CONFIDENTIALITY
9.1
The Buyer agrees to maintain secret and confidential all
Technical Information obtained from the Seller pursuant to the Contract
and prior to and in contemplation of it and all other information as it
may acquire from the Seller in the course of this Contract and to
respect the Seller’s proprietary rights therein.
9.2
Notwithstanding the foregoing provision the Buyer and any
sub-licensee shall be entitled to disclose Technical Information of the
Seller to actual or potential customers for the Altered Goods in so far
as such disclosure is reasonably necessary to promote the sale or use of
the Altered Goods.
9.3
Save where the Buyer supplies its own specific patent or drawings
for the Goods, Intellectual Property (whether the design of the Goods is
commissioned or not) shall belong to the Seller.
10.
INSOLVENCY OF BUYER
10.1
This cause applies if:
(i)
the Buyer makes any voluntary arrangement with its Creditors or
becomes subject to an Administration Order or (being an individual firm) becomes
bankrupt or (being a Company) goes into liquidation otherwise than for the purposes of amalgamation
or reconstruction; or
(ii)
an incumbrancer takes possession or a Receiver is appointed, of
any of the property or assets of the Buyer: or
(iii)
the Buyer ceases, or threatens to cease, to carry on business; or
(iv)
the Seller reasonably apprehends in any events mentioned above is
about to occur in relation to
the Buyer and notifies the Buyer accordingly.
10.2
If this Clause applies then without prejudice to any other right
or remedy available to the Seller, the Seller shall be entitled to
cancel the contract, or suspend any further deliveries under the
contract without any liability to the Buyer, and if the Goods have been
delivered but not paid for, the price shall become immediately due and
payable notwithstanding any previous agreement or arrangement to the
contrary.
11
JURISDICTION
The Contract shall be governed by the Laws of England.
12.
EXPORT TERMS
12.1
Where the Goods are supplied for export from the United Kingdom
the provisions for this Clause shall (subject to any special Terms
agreed in writing between the Buyer and the Seller) apply
notwithstanding any other Provision of these Conditions.
12.2
The Buyer shall be responsible for complying with any legislation
or regulations governing the importation of the Goods into the Country
of destination and for the payment of any duties thereon.
12.3
Unless otherwise agreed in writing between the Buyer and the
Seller the Goods shall be delivered FOB ("Free On Board" - sale
considered complete and shipping costs are responsibility of buyers)
the air or sea port of shipment and the Seller is under no obligation to
give notice under Section 32(3) of the Sales of Goods Act 19710.
12.4
The Buyer shall be responsible for arranging for testing and
inspection of the Goods at the Seller’s premises before shipment.
The Seller shall have no liability for any claim in respect of
any defect in the Goods which is apparent on inspection and which is
made after shipment or in respect of any damage during transit.
12.5
Payment of all amounts due to the Seller shall be made be
irrevocable letter of credit opened by the Buyer in favour of the Seller
and confirmed by a Bank in England acceptable to the Seller, or, if the
Seller has agreed in writing on or before acceptance of the Buyer’s
order to waive this requirement, by acceptance of the Buyer and delivery
to the Seller, of a Bill of Exchange drawn on the Buyer and payable
sixty days after sight to the order of the Seller at such branch of
Barclays Bank in England as may be specified in the Bill of Exchange.
Updated 2021