Terms and Conditions

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1.Definitions
   
 Buyer:

The person who buys or agrees to buy the goods from the Seller.

   
 Conditions:

The terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller. Goods : The articles which the Buyer agrees to buy from the Seller.

   
 Price

The price of the goods and services is exclusive of Value Added Tax which shall be charged at the rate prevailing at the relevant tax point.
The price is exclusive of carriage

   
 Seller

means Toposell Ltd, Unit 7, Oakwood Industrial Estate, Harling Rd, Snetterton, Norwich NR16 2JU

   
2.Conditions
   
 a

These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.

   
 b

All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.

   
 c

Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.

   
 d

These Conditions may not be varied except by the written agreement of the Seller.

   
 e

These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.

   
 f

Settlement terms: Punctual payment is the essence of the Contract and payment of instalments due is a condition precedent to further deliveries. Unless otherwise stated, settlement terms are Nett 30 days.

   
3.Delivery of the Goods
   
 a

The Seller undertakes to use reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.

   
 b

The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.

   
 c

We will deliver the goods to the address you specify for delivery of your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.

   
4.Servicing
   
 a

We will service/repair/calibrate the items within a reasonable time.

   
 b

If in our opinion it is not reasonably practicable for any reason to carry out any of the work we are instructed to carry out, we shall be entitled to refrain from carrying out or completing such work and will consult with you as to what if any work is to be undertaken. We will, if requested by you, provide a written explanation as to why any work is not considered to be reasonably practicable.

   
 c

If the cost to us of carrying out the work is subsequently increased by reason of increases in the cost materials and/or labour and/or any other factor outside our control, then we shall notify you before undertaking any work to which the increase will apply. If you require us to discontinue the work, you shall only be required to pay us for the work already carried out.

   
5.Acceptance of the Goods
   
 a

The Buyer shall be deemed to have accepted the Goods 48 hours after delivery to the Buyer.

   
 b

The Buyer shall carry out a thorough inspection of the Goods within 48 hours of delivery and shall give written notification to the Seller within 5 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.

   
 c

The buyer having inspected the equipment, it is agreed that the equipment is suitable for the buyer’s purposes and that the seller shall not be responsible for any defect in the equipment except insofar as the seller has itself received any assignable guarantee in which case such guarantee will on request be assigned by the seller to the buyer.

   
6.Title and risk
   
 a

Risk shall pass on delivery of the Goods to the Buyer’s address.

   
 b

Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.

   
 c

Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.

   
7.Payment
  

Unless the Agreement provides otherwise, the price for the goods and/or services shall be payable no later than 30 days from the date of the relevant invoice. The time stipulated for payment shall be of the essence of the Agreement. Failure to pay within the period specified shall entitle us to write to you upon the expiration of seven days notice, to charge you for costs and expenses incurred in recovering late payments, and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date.

   
 Hire
  

"The Owner" is Toposell Ltd.
"Hirer" is the party named on the hire documents

   
 Charges
  

Hire is charged on a 5 day week. Minimum hire is 1 week. The hire charge accrues on a daily basis, at a fifth of the weekly charge, from the date of despatch until the date upon which the equipment returns to the owner unless by prior agreement.

   
 Hirer's Responsibilities
   
 a

Every possible effort has been made to ensure that the equipment is serviceable and suitable but the hirer must satisfy himself of this before the start of the hire and the owner is not liable in any defects, failure or inaccuracies in the equipment.

   
 b

The hirer shall keep the equipment in good repair and condition and on termination of the hire shall return the equipment in the same state of repair and condition as it was at the start of the hire, failing which the hirer shall be liable to the owner for any loss or damages and costs suffered directly or indirectly by the owner as a result.

   
 c

The hirer shall insure the equipment in its full replacement value against all risks of a comprehensive policy. If the equipment is lost stolen or damaged beyond economic repair the hirer must pay on demand an agreed replacement price.

   
 d

Until payment in full is received for losses or damage the owner reserves the right to continue any hire charges until payment is received in full. Hire charges are calculated as per the original hire term.

   
 Termination
  

The hiring shall terminate and the hirer shall forthwith return the equipment to the owner if:- The agreed term of the hire expires, or

 a

Any payment due from the hirer remains unpaid 30 days from the earlier of the date due or the relevant invoice, or

   
 b

If the hirer is an individual partnership, on an act of insolvency, or

   
 c

If the hirer is a limited company on the appointment of a Receiver or on the entering of any judgment against the company or on the initiation of winding up proceedings (whether by resolution, notice, petition or otherwise) or in any arrangement being made with creditors or

   
 d

On the hirer giving the owner notice of termination.

On termination if the hirer does not immediately return the equipment, the owner shall be entitled to recover it, from the hirer and charge the hirer the cost of so doing and the hirer hereby grants a licence to the owner to enter the premises of the hirer to effect such recovery.

   
 In addition
   
 1)

FORCE MAJEURE: The vendor shall not be liable for failure to fulfil his contract, or for loss or damage to the goods, or for delay in delivering the goods being caused by force majeure. Force majeure to include Acts of God, such as storm, tempests etc., or any action of any Government to include Export restrictions, confiscation’s, wars etc., and all other such actions beyond the control of the vendor.

   
 2)

Liability: Save as is expressly provided in these conditions the vendor shall not be under liability to the purchaser in respect of goods or any part thereof or in respect of any breach or default by the vendor of or in any of its obligations under the contract or otherwise in respect of any loss, damage or injury whatsoever or howsoever caused and save the aforesaid all warranties, guarantees, conditions and representations whether collateral hereto or otherwise and whether express or implied by common law statute customer of the trade or otherwise are hereby expressly included and extinguished. This exemption shall apply for the benefit of the vendor and its servants and agents.

 3)

Theft from construction sites is on the rise and if there was no market for stolen equipment there would be no need for theft. This is our opinion and we feel that as a responsible supplier it is our duty to protect our customers. Our company policy is:

If we find equipment on our database was originally logged to a different person/company, we will contact the original person/company to establish legal transfer of goods. If this is not acceptable please do not leave the goods with us.

Resources:  SEQ Legal

 

 

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