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TERMS AND CONDITIONS
GENERAL
References to ‘the company’ relate to Sly
Development Limited.
References to ‘the customer’ relate to the
individual, firm, company or organisation receiving goods or services from the
company.
References to ‘the goods’ relate to any products or
services offered by, or purchased from the company.
These conditions shall apply to and be incorporated
into every agreement between the company and the customer under which the
company supplies or agrees to supply goods or services at the request of the
customer.
No contract in respect of the goods, between the
company and the customer’s order has been accepted by the company.
These conditions shall take precedence over any
conditions stipulated in any communication or document of the customer and
shall not be varied without the express written consent of the company.
Any quotation and contract resulting therefrom shall
in all respects be governed by and construed in accordance with English law and
the Courts of England shall have jurisdiction to hear all disputes arising in
connection with the agreement.
PRICES
Prices quoted by the company are current at the time
of quotation and subject to other conditions valid for a period of 30 days
therefrom; if delivery occurs outside the validity period of the quotation the
company reserves the right to alter the price payable by the customer according
to the price ruling on the date of despatch.
Where agreed call-offs are not adhered to by the
customer, the company reserves the right to amend the price structure in
accordance with the quantities delivered.
Unless otherwise specifically stated, any prices
quoted by the company are inclusive of packaging but exclusive of:
i. value added tax (which
shall be payable without deduction and shall be calculated on the cash
discounted value of each invoice) and/or any other taxes;
ii. Carriage and insurance;
iii. any release certification necessary.
PAYMENT
Payment for the goods shall be made by the customer
on or before the date fixed in accordance with the terms agreed by the customer
and the company.
In the event that payment shall not have been made
by such date, the company shall be entitled to recover the interest on the
amount outstanding, calculated at 5% above National Westminster Bank Plc’s base
rate for the time being in force calculated on a daily basis.
RETENTION AND PASSING OF TITLE
The risk in the goods shall pass to the customer on
despatch, but until the company has received settlement in full, the goods
shall remain the ownership and property of the company and the company have the
right without prejudice to the obligation of the customer to pay the price to
recover the goods and for the purpose thereof the company or the company’s
nominated agent may enter upon any premises of or occupied by the customer or
third party with the consent of the third party.
FORCE MAJEURE
If the company is prevented at any time from
performing any contractual obligation or if any loss, damage, injury or delay
is occasioned by or due to any cause beyond the company’s control including but
without prejudice to the generality of the foregoing expression the commission
of any criminal act, shortage of goods, act of war, civil commotion, accident,
industrial action, act of God or any restriction imposed by any local municipal
or government authority (including customs authorities) whether British or
foreign, the company shall be entitled forthwith to determine the contract and
to be discharged from all liabilities whatsoever to the customer and the
company shall not be liable for any such loss, damage, injury or delay as
aforesaid.
GUARANTEE
All goods supplied by the company shall benefit by
the warranty given by the manufacturer, if any, and this benefit shall be
passed on to the customer accordingly.
The company’s liability in respect of the goods
shall be limited to the replacement of faulty goods or the issue of a credit
note in respect thereof or the granting of a refund or equivalent compensatory
measures as the company considers appropriate at it’s discretion.
The company shall not be liable for loss or damage
sustained to the goods in transit from the customer or the company.
The company shall not be liable in contract, tort or
otherwise for any injury, damage or loss resulting from defects or from anything
done or omitted in connection with the goods or from any work done in
connection therewith.
While the company make every effort to ensure that
all goods sold are of merchantable quality, these goods are sold on the
understanding that the company cannot be held responsible for any losses caused
through the failure of these goods to function as intended, or their failure to
be delivered within a reasonable time frame from the placement of your order.
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