Terms and Conditions of Sale
"Seller" means Dash Computer Products llp. The "Buyer" means the purchaser of the goods from the seller. The "Goods" means the Goods, Materials, Services, installment of order or parts of them by the Seller to the Buyer. "Repair Center" means the Sellers base of operations or those of the Sellers appointed representative.
These terms & conditions apply to all sales of goods ("Goods") shall be constructed as meaning any item or article supplied by Dash Computer Products llp. The ("Seller") to any purchases ("The Buyer") and shall apply in place of and prevail over any terms & conditions contained or referred in the Buyers order or in correspondence or elsewhere or copied by trade customer practice or course of dealings unless specifically agreed in writing by a partner of Dash Computer Products llp. Any purported provisions to be contrary are hereby excluded or extinguished. Any Buyer who objects to these terms & conditions below must prior to delivery of Goods inform the Seller of the objections in writing whereupon the order shall be deemed to be cancelled.
Quotations are not binding on the Seller, a quotation by Seller does not constitute an offer and the Seller reserves the right to withdraw or revise such a quotation or tender. The Seller may refuse to accept any order and may withdraw any earlier acceptances after which time they may be altered by the Seller, without giving notice to the Buyer. An order shall be deemed to be accepted subject to these conditions and the express terms of the quotation and no qualification or condition contained for quotation, order or other communication from the Buyer shall form any term of the contract unless expressly accepted in writing by the Seller. A quotation will lapse in any event thirty days after its date of issue.
Unless otherwise agreed in writing the prices charged will be those ruling at the date of order acceptance. The price stated is in £ sterling and is ex. Sellers works, exclusive of VAT, and other taxes, levies and charges of sensitive nature and of carriage, insurance, packaging, freight and installation charges. The Seller reserves the right by giving notice to the Buyer at any time before delivery to increase the price of the goods due to any factor beyond the Buyers control.
All orders are accepted subject to Buyers credit worthiness as determined by the Seller. The Seller may at its sole discretion, limit, change, modify or cancel the credit of the Buyer both as to time and amount, and the Seller reserves the right to cancel any orders placed by the Buyer or refuse or delay shipment if the Buyer account is overdue, disputed, or fail to meet payment terms or the credit or financial requirements established by the Seller from time to time. Such cancellation refusal or delay or part shipment shall not constitute termination or breech of any order or agreement or contract by the Seller. The Seller will be not be held responsible for any loss, damage or consequential loss suffered by the buyer.
Whilst every effort will be made to adhere to any agreed shipment dates, such dates are not guaranteed and the Seller accepts no liability or consequential loss for delayed or non-delivery from any cause what so ever. Late delivery shall not be the grounds for rejecting Goods or terminating the contract. The Seller may effect delivery in one or more installments. Where delivery is affected by installments, each installment shall be treated as a separate contract. Delivery of Goods will be made to the permanent address of the Buyer unless otherwise stated, or collection made from the Sellers premises with prior arrangements. The Buyer shall check the Goods with the delivery note and inspect the Goods on receipt of delivery for any damage, or shortage, or non-delivery this must be reported by telephone immediately and in writing within three days of the invoice date, otherwise claims will not be accepted.
Unless otherwise agreed in writing in the contract of sale, all invoices are strictly net, and are payable to the Seller within 30 days from the date of invoice. Interest on overdue accounts shall be payable at the rate of 4% over The Bank of England Base rate to run from the due date of payments until receipt of the full amount, the Seller reserves the right to cancel or withhold or suspend the delivery of any further Goods and any other performance by the Seller and terminate all or any part of the contract and any unexecuted contract with the Buyer. Upon commencement of any proceedings or in which the Buyers insolvency, payments shall become immediately due.
Legal ownership & title of the Goods supplied by the Seller to the Buyer shall remain vested in Seller until the Goods are paid for in full and any of the monies due from the Buyer to the Seller has been paid for. The Buyer as Bailee until then holds the Goods safe in good order and stores separately from its other Goods. The Seller during this period has the right to remove them from the Buyer & dispose of them at the Sellers discretion. Should the Buyer have passed the Goods in part or whole to a third party, this will be deemed to have been done as the sellers agent only and any monies recovered by the Buyer in respect of such Goods shall be held in trust for the seller until all monies due to the Seller are paid. Upon the commission of an act of bankruptcy the immediate right to possession of Goods shall forthwith revest in the Seller and all costs occasioned in the said recovery of Goods shall be paid by the Buyer.
The Seller shall not be responsible or liable for its failure to perform its obligations hereunder, if such is beyond the control of the Seller caused by unavailability, shortages of Goods, transportation's, acts of god, fire, flood, strikes, riots, restriction, or any other cause, the Seller shall be excused.
The Seller warrants that the Goods will be free from defect in material and workmanship under normal use, provided the Goods have been commissioned and operated in accordance with manufacturers instructions. The Seller makes no other warranties, expressed or implied in respect to the Goods, their quality or fitness or marketability for any specific use or purpose. Goods warranty only applies to the Seller not tot he third party and no liability or consequential damages in respect of any malfunctions arising from fair wear & tear, wilful damage, negligence, misuse, abnormal and weather conditions, modifications, or repair of Goods by unqualified personnel is accepted. The commencement date of all warranties is the date of delivery to the Buyer from the Seller.
With Sellers prior consent in writing, the Buyer can return Goods, carriage paid and insured, for credit, provided such Goods are unused and are in original manufacturers packaging, within 30 days from the date of invoice. A minimum restocking charge of 15% will be made. Any Goods supplied as 'Special order' will not be either cancelled or returned form credit.
Goods in Transit
The Seller will insure the Goods during transit until received and signed for by the Buyer's representative, at which time responsibility for the Goods shall pass to the buyer.
Service and Repair
Goods returned by the Buyer for repair or service must be insured by the Buyer during transit to and from the repair centre and whilst the Goods are awaiting service or repair. The Seller accepts no responsibility for damage to the Buyers Goods, unless as of a direct result of the action of the service or repair.
The Seller shall not in any circumstances whatsoever be liable for indirect or consequential loss such as (but not limited to) loss of profit, loss of market or the consequences of delay or deviation however caused.
All disputes arising out of or in connection with this contract shall be determined and governed by English Law. The parties agree to use best efforts to resolve disputes in an informal manner. Where the Buyer and Seller agree that a dispute arising out or in connection with these terms would best be resolved by the decision of an arbiter, they will agree upon the nature of the arbitration required and together appoint a suitable arbiter by agreement.
Letters, emails, quotations and proposals may contain proprietary and confidential information belonging to Dash Computer Products. This includes, but is not limited to any content, intellectual property, technical method and text incorporated into the document. It shall not be used, disclosed or reproduced, in whole or in part, for any purpose other than to evaluate this document, without the prior written consent of a senior company representative of Dash Computer Products llp. Title in and to this document and all information contained herein remains at all times with Dash Computer Products llp.