1.1 In these Conditions, unless the context otherwise requires: “Acknowledgment” means the acknowledgment of the Buyer’s order to purchase Goods as provided by the Company to the Buyer. “Buyer” means the party to whom the Company agrees to supply the Goods.
“Company” means Eland Cables Limited, company number 01229226, having its registered office at 10 Jamestown Road, London NW1 7HW.
“Conditions” means these terms and conditions of sale and any other terms and/or conditions as set out in a Quotation in respect of the Goods, as may be varied by the terms of an Acknowledgment.
“Contract” means each contract formed between the Company and the Buyer in respect of the sale of Goods by the Company to the Buyer.
“Goods” means all goods to be supplied by the Company to the Buyer.
“Quotation” means a quotation in respect of the Goods provided by the Company to the Buyer.
2. Application of Conditions
2.1 The Conditions will apply to all sales of Goods by the Company to the Buyer to the exclusion of all other terms and conditions, including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
2.2 No Quotation, advertisement or issue of a catalogue by the Company will constitute an offer to sell any Goods to the Buyer or to any other person.
2.3 All orders for Goods submitted by the Buyer to the Company will be deemed to be an offer by the Buyer to purchase Goods pursuant to the Conditions and will not be deemed to have been accepted by the Company unless and until the Company delivers to the Buyer an Acknowledgment in respect of such order, or delivers the Goods to the Buyer, and then only on the terms of the Contract.
2.4 Any order form sent by the Buyer to the Company and accepted by the Company will not constitute an acceptance of any terms or conditions contained in that order form, but will (once accepted by the Company under clause 2.3) constitute an individual and legally binding contract between the Company and the Buyer subject to the Conditions only.
2.6 Any purported variation to the Conditions or the terms of any Contract by the Buyer will be ineffective unless agreed in writing and signed by an authorised representative of the Company.
3.1 The Company reserves the right to amend these Conditions from time to time by giving written notice of such alteration to the Buyer, and such amended Conditions will apply to each order for the purchase of Goods submitted by the Buyer following the giving of such notice.
3.2 The Company reserves the right to make improvements or non-material modifications to any Goods or any part of the Goods.
4.1 The price of the Goods is the price agreed between the Buyer and the Company as specified in the Quotation or Acknowledgment or, if no price is specified, the price set out in the Company’s then-current price list as at the date the Buyer submits the order for such Goods (errors and omissions excepted).
4.2 Notwithstanding clause 4.1, the Company reserves the right, at any time before delivery, to increase the price of the Goods to reflect any increase in costs to the Company that are due to any factor beyond the control of the Company (including, without limitation, any increase in the costs of labour or materials, the increase or imposition of any tax, duty, or levy, or any variation in applicable exchange rates).
4.3 Unless otherwise stated in the Acknowledgment, all prices are quoted in GBP, and are quoted exclusive of United Kingdom Value Added Tax, which will be payable in addition by the Buyer (where applicable).
4.4 Unless otherwise stated in the Quotation, all prices quoted are exclusive of any import duties and any other local taxes and/or applicable duties or levies, which will be payable by the Buyer.
5.1 Subject to clause 5.2, the Buyer may request changes to the date or place of despatch of all or some of the Goods no later than 48 hours prior to the agreed time of despatch of those Goods, in which case the Buyer will be liable to pay to the Company a rescheduling charge (as determined by the Company) to cover all of the Company’s costs and expenses incurred as a result of such rescheduling.
5.2 Once an order has been placed, the Buyer may not cancel or vary such order (whether in whole or in part) unless the Company agrees in writing.
5.3 The Company reserves the right to cancel an order or to request payment prior to despatch of the Goods, should the credit status of the Buyer change following the Acknowledgement of the Buyer purchase order.
6.1 Unless otherwise agreed by the parties in writing:
(b) the Buyer must pay the amount of such invoice in full and in cleared funds and/or obtain a letter of credit in favour of the Company on terms acceptable to the Company (at its absolute discretion) prior to and as a condition of the despatch of the Goods.
6.2 Each invoice will be treated as a separate account.
6.3 The Company will not issue statements unless specifically requested by the Buyer.
6.4 Where the Company has agreed that payment of the invoice in respect of Goods may be made after delivery of the Goods, and unless otherwise agreed in writing:
(a) the Buyer must pay the full amount of each invoice within 30 days of the date of invoice;
(b) if the Buyer fails to pay the amount of any invoice when due, the Company may (without prejudice to any other right or remedy available to the Company):
(i) charge the Buyer interest on the amount outstanding, at the rate of 4 per cent per annum above the base lending rate for the time being of HSBC Bank plc accruing daily from the date payment becomes due until the date the Company receives payment in full;
(ii) charge the Buyer for any external or internal costs or expenses incurred by the Company in relation to the recovery of the outstanding amount;
(iii) suspend or cancel further deliveries of Goods under any Contract with the Buyer; and/or
(iv) alter the terms of payment (including, for example, requiring payment in advance or by letter of credit or similar instrument) in respect of future deliveries and/or orders.
7.1 Unless otherwise agreed in writing, delivery of the Goods will be made:
(b) if no such address is specified, by the Company delivering the Goods to the Buyer’s registered address or any other usual premises of the Buyer, in each case, as per the Incoterms set out in the Quotation or as otherwise agreed in writing
7.3 Any estimated timeframe by which delivery is to occur is given by the Company in good faith but for the avoidance of doubt is an estimate only and is not of the essence of any Contract. The Company will not be liable for any costs, losses, liabilities or damages of any kind, whether arising directly or indirectly out of any delay or failure to deliver any Goods by the estimated delivery date or time.
7.4 Without prejudice to clause 7.3, the Company will use reasonable endeavours to advise the Buyer of any material delay in delivery.
7.5 If the Buyer fails to take delivery of the Goods or fails to give the Company adequate delivery instructions at the time stated for delivery then (without prejudice to any other right or remedy available to the Company) the Company may:
of the full price of the Goods and store the Goods until actual delivery and charge the Buyer for the cost (including insurance) of storage; or
(b) sell the Goods at the best price readily obtainable and (after deducting all storage and selling expenses) charge the Buyer for any shortfall between the proceeds received and the price for the Goods under the Contract.
8.1 If the Goods are to be delivered by instalment, no defect in any Goods delivered in any instalment or any failure to deliver an instalment will be grounds for cancellation of the remainder of the instalments under the relevant Contract and the Buyer will be bound to accept delivery of such instalments.
9.1 Any claim by the Buyer for loss or damage apparent on inspection or for non-delivery must be made in writing by the Buyer within six days of the earlier of delivery or receipt of the Company’s invoice. In the case of damage, the said notice must contain full particulars of the alleged damage. If no such claim is made within that time frame the Buyer will be deemed to have accepted the Goods as delivered.
10.1 Unless otherwise agreed in writing, all Goods will be packaged in accordance with the Company’s standard practice.
10.2 The Buyer must meet the cost of any special packaging required by the Buyer or that the Company otherwise deems necessary by reason of any special delivery requirements.
11.1 The risk of loss, damage or destruction of the Goods will pass to the Buyer upon delivery of the Goods in accordance with clause 7.1.
12.1 Notwithstanding clause 11.1, title and property in the Goods, including full legal and beneficial ownership, will not pass to the Buyer until the Company has received in cash or cleared funds payment in full for such Goods as well as all other Goods delivered to the Buyer under each Contract, including the amount of any interest or other sum payable under the terms of any Contract.
12.2 Until title and property in the Goods is transferred to the Buyer in accordance with clause 12.1 above:
(b) the Buyer must insure the Goods against all risks for their full price from the date of delivery; and
(c) the Buyer will not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods,
12.3 If the Buyer is in breach of its obligations under clause 12.2, all moneys owing by the Buyer to the Company will become immediately due and payable.
12.4 The Company may at any time require the Buyer to deliver up the Goods to which the Company has retained title and if the Buyer fails to do so, to enter upon any premises of the Buyer where the Goods are stored to repossess and resell any Goods. The Buyer hereby waives any right to claim from the Company damages caused to the Buyer’s premises, business or reputation, and/or any lost profits or business however arising as a result of the Buyer’s entry onto the Buyer’s premises for the purposes of repossessing the Goods.
12.5 The Company's consent to the Buyer's possession of the Goods and any right the Buyer may have to possession of the Goods will in any event cease:
(b) upon the happening of any of the events set out in clause 16.1(b).
12.7 The exercise of any of the Company’s rights under this clause 12 will be without prejudice to any other rights the Company may have whether under the Conditions, any Contract, or at law.
13.1 Any warranties set out in the Conditions or implied by law are for the benefit of the Buyer of the Goods only and are not transferable or assignable.
13.2 The Company warrants to the Buyer that:
(b) the Goods at the time of delivery will be free from defects in material and workmanship to the extent required to satisfy the condition of “satisfactory quality” as defined in the Sale of Goods Act 1979 (as amended), and will be materially in accordance with specifications provided by the manufacturer of the Goods or as otherwise agreed in writing.
13.4 The Company hereby assigns to the Buyer (by way of a present assignment of future rights) the benefit of those warranties in respect of the Goods made to the Company by the manufacturers of such Goods (“Manufacturers’ Warranties”), to the extent that the Manufacturers’ Warranties are assignable to the Buyer.
13.5 The Company gives no other warranties and no other terms or conditions will apply in respect of the Goods other than those warranties as set out in clause 13.2 and the benefit of the Manufacturers’ Warranties, which warranties are exclusive and in lieu of all other warranties, terms, and conditions in respect of quality, fitness for a purpose, or of any other type, whether express or implied.
(b) replace the whole or such part of the Goods supplied as the Company may in its sole discretion deem reasonable in order to repair the defect; or
(c) in respect of a breach of any Manufacturers’ Warranties, require the Buyer to approach the relevant Manufacturer directly in respect of an appropriate remedy.
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