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Hytek Catalogue Retail 2013-14

Terms & Conditions STANDARD TERMS AND CONDITIONS FOR THE SALE OF GOODS AND/OR SERVICES THE BUYER’S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF CONDITION 11.4. 1. INTERPRETATION 1.1 The definitions and rules of interpretation in this condition apply in these conditions. Buyer: the person, firm or company who purchases the Goods from the Company. Company: Hytek (GB) Ltd of Delta House, Green Street, Elsenham, Bishop’s Stortford, CM22 6DS, UK Contract: any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these conditions Delivery Point: the place where delivery of the Goods is to take place under condition 4. Goods: any goods and/or services agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them). 1.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it. 1.3 Words in the singular include the plural and in the plural include the singular. 1.4 A reference to one gender includes a reference to the other gender. 1.5 Condition headings do not affect the interpretation of these conditions. 2. APPLICATION OF TERMS 2.1 Subject to any variation under condition 2.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document). 2.2 No terms or conditions endorsed on, delivered with or contained in the Buyer's purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract. 2.3 These conditions apply to all the Company's sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a Director of the Company. 2.4 The Contract constitutes the entire agreement between the parties. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this condition shall exclude or limit the Company's liability for fraudulent misrepresentation. 2.5 Each order for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions. 2.6 No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or the Company delivers the Goods to the Buyer. 2.7 The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate. 2.8 Any quotation given by the Company shall not constitute an offer. A quotation is valid for a period of 30 days only from its date, provided that the Company has not previously withdrawn it. Copyright HYTEK (GB) LIMITED 2013 241 3. DESCRIPTION 3.1 The quantity and description of the Goods shall be as set out in the Buyer’s order or the Company's current quotation or acknowledgement of order. If the description of the Goods is not set out in any such document then the Company’s current specification as published from time to time shall apply. 3.2 All samples, drawings, descriptive matter and advertising issued by the Company and any descriptions or illustrations contained in the Company's catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or any other contract between the Buyer and the Company, and this is not a sale by sample. 4. DELIVERY 4.1 Unless otherwise agreed in writing by the Company, delivery of the Goods shall take place at the address specified in the order provided by the Buyer. 4.2 The Buyer shall take delivery of the Goods within 7 days of the Company giving it notice that the Goods are ready for delivery. 4.3 Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time. 4.4 The Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company's negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 180 days. 4.5 If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations then from the time that the Buyer fails to accept delivery: (a) risk in the Goods shall pass to the Buyer (including for loss or damage caused by the Company's negligence); (b) the Goods shall be deemed to have been delivered; and (c) the Company may store the Goods until delivery, and the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance). 4.6 If 14 days after the Company notified the Buyer that the Goods were ready for delivery the Buyer has not accepted delivery of them, the Company may resell or otherwise dispose of part or all of the Goods and charge the Buyer for any shortfall below the price of the Goods that would have been payable to the Company by the Buyer. 4.7 The Buyer shall provide at the Delivery Point and at its expense adequate and appropriate equipment and manual labour for loading and unloading the Goods. 4.8 If the Company delivers to the Buyer a quantity of Goods of up to 10% more or less than the quantity accepted by the Company, the Buyer shall not be entitled to object to or reject the Goods or any of them by reason of the surplus or shortfall and shall pay for such goods at the pro rata Contract rate. 4.9 The Company may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract. 4.10 Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment, nor any delay in delivery or defect in an instalment, shall entitle the Buyer to repudiate or cancel any other Contract or instalment. 4.11 Goods returned to the Company within 14 days of purchase for credit without fault may be accepted at the discretion of the Directors provided the goods are unused and are, along with the associated packaging, in as new condition. The value of the credit will be less a restocking charge equal to 20% of the sale value. 4.12 Goods specially ordered or manufactured for the Buyer may not be returned for credit. 5. NON-DELIVERY 5.1 The quantity of any consignment of Goods as recorded by the Company on despatch from the Company's place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary. 5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Company's negligence) unless the Buyer gives written notice to the Company of the non-delivery within 7 days of the date when the Goods would in the ordinary course of events have been received. 5.3 Subject to condition 4.4, any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods. 6. RISK/TITLE 6.1 The Goods are at the risk of the Buyer from the time of their delivery or deemed delivery. 6.2 Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of: (a) the Goods; and (b) all other sums which are or which become due to the Company from the Buyer on any account. Continued over page


Hytek Catalogue Retail 2013-14
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