1. GENERAL: Unless otherwise agreed in writing these conditions constitute the only conditions upon which THE SUPPLY CUBE LIMITED ("The Company") are willing to supply goods to any person wishing to purchase goods ("The Purchaser") from The Company. All orders are accepted and executed on the understanding that The Purchaser is bound by these conditions. These conditions shall prevail over any terms and conditions in The Purchaser's order or other document(s) issued by The Purchaser except where expressly agreed to by The Company in writing.
2. PRICES:All prices are executed subject to the quoted price which shall supercede any price list of The Company whether published or unpublished.
3. PAYMENTS: Unless otherwise agreed in writing payment is due within fourteen (14) days of the invoice date and all accounts not paid within that time will at The Company's discretion be liable to interest charges charged from the date of dispatch of the goods at the rate of 4% per annum above the base rate of Barclays Bank Plc. from time to time subject to a minimum rate of 16% per annum.
4. CARRIAGE: Unless otherwise specified the price quoted does not include delivery to The Purchaser.
5. PASSING OF PROPERTY AND RISK: The ownership of the goods shall not pass to The Purchaser until such time as the goods are paid for in full (including any interest or other charges in accordance with these conditions) provided nevertheless that the risk in the goods shall pass to The Purchaser when the goods are delivered to The Purchaser or to any third party on The Purchaser's instructions whichever shall first occur. In the event of The Purchaser selling or otherwise disposing of the goods before the same shall have been paid for in full The Purchaser shall hold the proceeds of the sale or disposal in trust for The Company. Goods supplied by The Company shall be at The Purchaser's risk immediately on delivery to The Purchaser or into custody on The Purchaser's behalf.
6. DEFAULT: Should default be made by The Purchaser in paying any sum due under any order as and when it becomes due The Company shall have the right to either cancel or suspend further deliveries until the default be made good or to cancel any order so far as any goods remain to be delivered under such order
7. (A) - WARRANTY: The Purchaser is entitled to the benefit of any warranty or guarantee received by The Company from the Manufacturer of the goods supplied. The Company shall not be liable for:
(i) Any defects resulting from wear and tear, accident, improper use by The Purchaser other than in accordance with the instructions or advice of The Company or the Manufacturer or the goods.
(ii) Suitability of any goods for any particular purpose or use under specific conditions whether or not the purpose of conditions were known or communicated to The Company.
(iii) Any technical information, recommendations, statements or advice furnished by The Company or its servants not given in writing in response to a specific request from The Purchaser before the contract is made.
(iv) The Purchaser shall be responsible for the return of all faulty goods in the original packaging or suitably packed to The Company.
(v) The Purchaser shall be responsible for the collection of the repaired goods. Repairs will be held for a maximum of three (3) months from the date of notification that they are available for collection. After this period the goods may be sold to offset The Company storage costs.
(iv) The Company reserves the right to carry out the repairs itself, it's agents or return the goods for repair to the Manufacturer as the company sees fit. Where goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions of Statement Order 1976) the statutory rights of The Purchaser are not affected by these Conditions.
(B) - DEPOSITS: Deposits for goods ordered by The Purchaser are non-refundable. Deposits will be forfeited if the goods are not collected within 90 days.
8. RETURN OF GOODS: A handling charge of 15% will be deducted from the Invoice value by The Company where it is established that the reason for return of the goods was not subject to provisions of clause 7 of these conditions or through any error on the part of The Company. All goods must be returned in their original packaging.
9. REJECTION: Unless otherwise agreed in writing any goods rejected by The Purchaser as not complying with the bider must be so rejected within 14 working days from the day after delivery of the goods.
10. FORCE MAJEURE: In the event of actions of the Queen's enemies or the Queen's forces, civil commotion, accident, plant breakdown, interference by strike or lock-out of employees, acts of God, natural disasters, any restrictions, regulations order or omission, operation by local or municipal authority or Government department The Company shall be released of liability under this Contract wherever and to the extent to which the fulfilment of such Contract is prevented, frustrated or impeded as a consequence of such event or by any statute rules, regulations order or requisitions issued by any Government department, council or any duty constitutional authority beyond The Company's control.
11. CONSEQUENTIAL LOSS:
(a) The Company shall not be liable for any loss sustained by any personal damage to any property whatsoever and howsoever arising directly out of or in consequence of any act of omission by The Company in the supply of goods including delay, loss of profit and liability to third parties.
(b) Nothing contained in these Conditions shall affect the Company's liability under the Unfair Contracts Terms Act 1977 for death or personal injury caused by the negligence of The Company.
12. This Contract and these general Conditions of Sale shall at all times be construed in accordance with and subject to the jurisdiction of the courts of England.
