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Olympus

Sanyo

Terms & Conditions of Sale PDF  | Print |
These terms do not affect your statutory rights

Contract of Sale

No contract shall be deemed to have been made until a written order placed by the Buyer in form of letter, fax or e-mail has been received and accepted by Business Equipment Services (the Seller)

Prices

Prices quoted exclude VAT and delivery charges.  We make every effort to publish or quote current and correct prices but these may change without notice at any time. In this event the Buyer will be notified in writing or email before dealing with the order.

Credit Accounts

All accounts must be settled before the last day of the month following the date of invoice.  Failure to comply with these terms will result in the immediate withdrawal of account facilities.  We also reserve the right to charge interest on overdue accounts at the rate of 2% per month for each month or part thereof. We reserve the right to charge £25 each time a cheque is represented and £50 should a cheque be returned.  Reference should also be made to the next heading Title and ownership of the goods. The Seller reserves the right for new account applications to request three references i.e.a bankers and two trade.

Title

The goods shall remain the property of the Seller until the Buyer has paid all sums due from it, to the Seller.  Until that time the Buyer shall hold them as bailee, store them in such a way that they can be identified as the Seller’s property, and keep them separate from the Buyer’s own property and the property of any other person.

Although the goods remain the Seller’s property until paid for, they shall be at the Buyer’s risk from the time of delivery and the Buyer shall insure them against loss or damage accordingly (and in the event of such loss or damage shall hold the proceeds of such insurance on behalf of the Seller as trustee for the Seller). The Buyer’s right to possession of the goods shall cease if:
  • The Buyer has not paid for the goods in full by the expiry of the credit period allowed by this contract, or
  • The Buyer is declared bankrupt or makes any proposal to his creditors for a composition or other voluntary arrangement, or
  • A receiver, liquidator or administrator is appointed in respect of the Buyer’s business
On cessation of the Buyer’s right to possession of the goods in accordance with this clause the Buyer shall at his own expense make the goods available to the Seller to repossess them

The Buyer hereby grants the Seller, his agents and employees an irrevocable licence to enter any premises where the goods are stored in order to repossess them or inspect them at any time
  • In the event that the exercise by the Seller of the rights conferred by this clause result in the Seller repossessing goods for which the Buyer has paid, the Seller may set off against any sums which become due from him on that basis, any sums due from the Buyer in respect of other contracts
  • The Seller retains ownership in all goods delivered as against the Buyer until either the full purchase price for those goods has been paid or until all debts owed by the
Buyer to the Seller have been paid but if the goods are sold then the Seller acquires ownership of the proceeds of sale and until property and the goods passes from the
Seller to the Buyer the entire proceeds of such sale or otherwise of the goods shall be held in trust for the Seller and shall not be mixed with any money of the Buyer or paid into any overdrawn bank account and shall be at all material times indemnified as the Seller’s money.
  • The Buyer shall promptly deliver the prescribed particulars of this contract to the Registrar in accordance with the Companies Act 1985 Part XII as amended. Without prejudice to the rights of the Seller, if the Buyer fails to do so, all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.

Delivery

Every effort is made to deliver promptly but specified dates cannot be guaranteed as delays are frequently beyond our control.  In the event of a major delay arising the Buyer will be notified at the earliest opportunity. The Seller reserves the right to make deliveries by instalments if necessary. Delay in delivery does not relieve the Buyer of his obligation to accept and pay for the remaining deliveries or goods already delivered. All claims for non-delivery shall be deemed waived unless reported to The Seller within three days of the intended delivery of each shipment. The risk of damage and loss transfers to the Buyer once delivery has taken place.  In the case of goods delivered to a third party at the request of the Buyer, the risk of loss transfers to the Buyer at the time of despatch.

Method of delivery

The Seller will endeavour to deliver by the route or method which in it’s absolute discretion is considered to be the most practical, cost effective and hopefully meeting the required delivery date.

Claims / In transit damage

No claims for short delivery, loss or damage will be allowed unless notified to the Seller in writing within three working days of receipt of goods.

Faulty goods

In the event of goods being found faulty within fourteen days of delivery the Buyer must contact the seller and obtain a faulty goods return reference prior to the goods being returned.  Failure to do so will result in the item(s) in question being returned to the Buyer.

Returns policy

No goods may be returned for credit or refund unless agreed by the Seller in the form of a returns authorisation reference and any credit if granted (at the sole discretion of the Seller) may be subject to the deduction of handling charges and to adjustment depending on the condition of the goods returned. The responsibility for damage to returned goods during transit lies with the Buyer unless the carrier transporting the goods has been appointed by the Seller. No Credits or Refunds will be considered until the Seller has received the goods. A 20% restocking charge is made on items ordered in error or are not required.

Warranties

The manufacturers warranty applies to products sold by the Seller (except in cases otherwise stated and accepted by the Buyer).

Privacy

We respect your privacy and the Seller will always respect provisions of the Data Protection Act but are not liable for any losses caused as a result of unauthorised access to information provided by you. Please bear in mind that any personal information that you submit through forms, letters, emails and the like is not encrypted and therefore may not be secure.

Disputes

To be settled within current United Kingdom legislation related to commercial practice and arbitration. Any decisions arising to be binding on all parties involved.

Delivery acceptance of goods will be taken as conclusive evidence of the Buyers acceptance of these conditions.
Last Updated on Monday, 11 May 2009 11:36
 
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