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CONDITIONS
OF SALE
1.
Definitions 1.1 The Buyer means the account applicant or
person who buys or agrees to buy goods from the seller. 1.2 The
Seller means 4x4x4 Ltd trading as www.4x4x4.com. 1.3 Conditions
means the conditions of sale set out in this document and any
special conditions agreed in writing by the seller. 1.4 Goods
means any goods or services offered for sale by the Seller from
time to time.
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Conditions 2.1 These conditions shall apply to all contracts
for the sale of goods by the seller to the buyer to the exclusion
of all other terms and conditions including any which the buyer
may purport to apply under any purchase order, confirmation or
order or similar document. 2.2 No variation or addition to these
conditions shall be effective unless agreed in writing by the
seller 2.3 No contract for the sale of goods shall arise until
the seller despatches the goods to the buyer or the buyer notifies
the seller in writing of its acceptance of the seller’s quotation
(whichever shall first occur) 2.4 Acceptance of delivery of goods
shall be deemed conclusive evidence of the buyers acceptance of
these conditions 2.5 Nothing in these conditions shall affect
the statutory rights of any consumer.
3.
Prices 3.1 The price shall be that on the seller’s current
price list (or if applicable, the price contained in the seller’s
quotation). 3.2 The seller reserves the right to revise prices
prior to despatch of goods to reflect any direct or indirect increase
in costs to the seller but if the price has been paid in full
prior to despatch no price revision may take place without the
prior written agreement of the buyer. 3.3 All prices are exclusive
of VAT and charges for packing, postage and carriage plus VAT
which shall be paid in addition. 3.4 In the case of consumer sales,
payment must be made in full before despatch of any goods. 3.5
In the case of other sales, payment is due in full on the terms
of credit agreed which shall not be more than 30 days from the
date of invoice. Time for payment shall be of the essence and
any failure to pay shall entitle the seller at its option to treat
the contract as repudiated by the buyer or to delay delivery until
paid (in addition to any other remedy). 3.6 in any act or proceedings
shall be commenced in which the buyer’s solvency is concerned,
all money’s under transaction covered by these conditions shall
become immediately due and payable.
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Interest and Overdue Invoices 4.1 Interest on overdue invoices
shall accrue from the date when payment become due from day to
day until the date of payment at 5% per calender month both before
and after judgement. 4.2 All invoices shall be paid in full free
from any deduction for any set off, counterclaim or otherwise
howsoever.
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Warranty and Liability 5.1 The seller warrants that the goods
will be at the time of delivery correspond to the description
given by the seller. Except where the buyer is dealing as a consumer
(as defined in the unfair contract terms act 1977, section 12)
all other warranties, conditions or terms relating to fitness
for purpose, merchantability or condition of the goods, whether
implied by statute, common law or other wise are excluded and
the buyer warrants that the buyer is satisfied as to the suitability
of the goods for the buyers purpose.
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Delivery 6.1 Whilst every reasonable effort shall be made
to keep to any delivery rate, time of delivery shall not be of
the essence and the seller shall not be liable for any losses,
costs, damages or expenses incurred by the buyer or any other
person or company arising directly or indirectly out of any failure
to meet any estimated delivery date. 6.2 Unless otherwise agreed
the seller may deliver by instalments and in such case each instalment
shall be treated as a separate contract and any delay, default
or non delivery in respect of any installment by the seller shall
not entitle the buyer to cancel the remainder of the contract.
6.3 Failure by the buyer to pay for any installment or delivery
when due shall entitle the seller to withhold further deliveries
and the buyer shall be liable for any costs incurred by the seller
relating to such goods which the seller is then entitled to withhold.
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Ownership and Risk 7.1 The risk in goods shall pass to
the buyer when a contract is made but kept at the seller’s premises
at the buyer’s request. 7.2 The seller remains the owner of the
goods affected by the contract until the seller has been paid
in full for such goods. 7.3 If any payment due under these conditions
is overdue in whole of in part, the seller may without prejudice
to any of its other rights recover and/or re-sell the goods or
any of them and may enter the buyers premises, with his permission
hereby confirmed as a condition of contract, by its servants or
agents to recover the goods and the buyer shall be liable for
all the seller’s costs of so doing. 7.4 If the buyer is a consumer
and properly rejects any of the goods which are not in accordance
with the contract, the buyer shall nonetheless pay the full price
for such goods unless the buyer promptly gives notice of rejection
to the seller and at the buyer’s cost return such goods to the
seller in good condition. 7.5 In the case of any other sale the
buyer shall inspect the goods immediately upon delivery and shall
notify the seller within seven days of delivery if the goods are
damaged or do not comply with the contract. If the buyer fails
to do this, he is deemed to have accepted the goods. 7.6 Any goods
in respect of which any claim is made shall be preserved by the
buyer intact together with the original packaging at the buyers
risk and either: (a) Retained by the buyer for a reasonable period
to enable the seller or its agent to inspect the goods or (b)
At the sellers option returned by the buyer who will refund the
cost of postage and packing to the buyer if the goods are in fact
defective.
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Cancellation Returns 8.1 no contract shall be cancelled
nor shall any goods, which are in accordance with the contract,
be returned without the prior written approval of the seller and
on terms to be determined at the absolute discretion of the seller.
8.2 unless the seller at its discretion decides otherwise, if
the seller agrees to accept the return of such goods, then: (a)
A goods return number obtained from the seller must be clearly
shown on the retuned parcels (b) The goods to remain at the buyer’s
risk in all respects until received by the seller, the buyer will
be liable for the cost of remedying any damage to the goods returned
where such damage has, in the opinion of the seller, been caused
by the goods being inadequately packaged by the buyer or through
the buyer’s fault. (c) The seller reserves the right to make a
handling and restocking charge of 25% on goods which are returned
if they were ordered in error or are no longer required.
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Force Majeure 9.1 the seller will not be under any liability
whatsoever in the event that the seller is prevented or delayed
from supplying or making delivery of any goods by any reason or
cause beyond the seller’s control.
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No Waiver 10.1 The seller’s failure to insist upon strict
performance of any provision of these conditions shall not be
deemed to be a waiver of its rights or remedies in respect of
any present of future default of the buyer in performance of compliance
with any of these conditions.
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Liability 11.1 Except as may be implied by law where the buyer
is dealing as a consumer, in the event of any breach of these
conditions by the seller the remedies of the buyer shall be limited
to damages which shall in circumstances not exceed the price of
the goods and the seller shall under no circumstances be liable
for any indirect, incidental or consequential damages.
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Dispute 12.1 In the event of dispute between the buyer
and the seller, should the seller request in writing, the buyer
agrees to submit the dispute to arbitration in accordance with
the arbitration action for the time being in force as a legally
binding alternative to court action.
These
conditions shall be construed in accordance with English Law.
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