ADVANCED THINKING SYSTEMS LTD
TERMS & CONDITIONS OF SALE
Please
read this before proceeding to the application
form
- No
variations from the Terms and Conditions
herein contained, and no contrary stipulation
by the Buyer, shall be valid and binding
unless confirmed by us in writing.
- Order,
after acceptance, may not be cancelled in
whole or in part or varied in any manner
whatsoever unless prior notice of such cancellation
or variation shall have been given within
a reasonable time after the initial order.
- Order
shall be accepted for delivery as and when
the required goods can be made available
to us. We shall be entitled to execute orders
in part from time to time, and payments
for each part of an order so executed shall
become due strictly thirty (30) days from
date of invoice if they have an account.
- Unless
a definite price has been expressly confirmed
for the execution of an order, our list
ruling at the date of delivery shall apply.
- Whilst
we shall make every endeavour to deliver
the goods promptly or within the time indicated
by us, we shall not be liable for any loss
of profit or any damages direct or indirect,
consequential or otherwise, sustained by
the Buyer as a result of non-delivery or
late delivery due to any cause whatsoever.
- Notwithstanding
anything to the contrary herein contained,
ownership in and to the goods hereby sold
shall only pass to the Buyer upon full purchase
price therefore having been paid.
- We
shall not be required to deliver any goods
to the Buyer so long as the Buyer is in
arrears with any payments owing to us from
any cause of debt in the event of the Buyer
committing an act of insolvency, or being
placed under provisional or final judicial
management , liquidation or sequestration.
We reserve the right to cancel any sale
or order to stop further deliveries.
- All
risk in and to the goods shall pass to the
Buyer upon delivery thereof.
- The
Buyer shall not be entitled to return any
goods to us without our express consent.
No claim in respect of shortages or damage
to the goods sold shall be entertained unless
made in writing and receive by us within
seven(7) days from date of delivery of goods.
No claim regarding quality shall be entertained
by us unless made in writing and delivered
to us within twenty-eight (28) days from
day of delivery of the goods. In the event
of material defects or shortages in the
goods proved to our satisfaction, and upon
being properly notified, we shall at our
option:
(a) either exchange the goods for similar
goods; or
(b) take back such goods and credit the
purchaser's account.
- No
further claim of whatsoever nature shall
be entertained and in particular we shall
not be liable for any damages or any direct
or consequential loss of any nature.
- Unless
contrary terms for payment have been provided
herein, the Buyer shall effect payment for
the goods within thirty (30) days from date
of invoice unless otherwise agreed to in
writing. In the event of the Buyer failing
to effect payment of the purchase price
within seven (7) days from date of demand,
we shall be entitled, at our option, and
not withstanding any indulgence or relaxation
granted to the Buyer, to cancel this agreement
of sale and repossess the goods or the balance
thereof. We shall be entitled to resell
such goods either by auction or by private
treaty, and the Buyer shall be passed a
credit for all amounts received in excess
of the expenses of recovery and resale,
and shall be liable for any shortfall.
- These
Terms and Conditions apply to all contracts
for the sale of goods entered into by us,
whether or not such sales are pursuant to
orders by telephone, or by fax, or by any
other form of electronic or mechanical transmission,
or by orders placed with our agents or representatives
on our behalf, and supercedes any Terms
and Conditions of sale laid down by the
Buyer. Any and all alterations or amendments
to these terms and conditions of sale shall
be in writing and signed by both parties.
- The
Buyer hereby chooses DOMICILLIUM CITANDI
ET EXECUTANDI for all purposes arising out
of this contract.
- In
the event of the Buyer failing to make payment
of any amount due by it on the due date,
IT SHALL BE LIABLE TO PAY INTEREST AT 2%
PER MONTH * ON THE OUTSTANDING AMOUNT UNTIL
PAYMENT IS RECEIVED AND ALL LEGAL COSTS
INCURRED BY US IN THE RECOVERY OF SUCH DEBT
on the Attorney and Own Client Scale, together
with collection charges according to the
prescribed tariff.
* Natwest Bank Base Rate