Conditions of Sale
In these conditions of sale (the "Conditions") "the
Seller" means Robust Komponents or other seller of the goods described
in any catalogue produced on behalf of the Seller in printed,
electronic or other form.
1. Acceptance:
Each order for goods to be supplied by the Seller
shall be deemed to be an offer by the Buyer to purchase the goods upon
these Conditions and shall be accepted entirely at the discretion of
the Seller. Subject to Clause 15, these Conditions shall apply to all
orders accepted by the Seller and shall override and take the place of
any other terms or conditions produced or referred to by the Buyer. No
other terms or conditions shall be included or implied unless
previously agreed upon in writing by the Seller and in the event of any
conflict or inconsistency between these Conditions and the terms of the
Buyer's order, these Conditions shall prevail.
2. Price:
The price of the goods shall be the price listed in
the Seller's catalogue from which the goods are purchased current at
the date of dispatch of the goods (the "Catalogue"). All prices in the
Catalogues are exclusive of Value Added Tax and carriage charges where
applicable which shall be payable in addition to the price of the
goods. Prices are not guaranteed although every effort will be made to
maintain them.
3. Terms of Payment:
Prices, Value Added Tax and carriage charges where
applicable are strictly net and payment is due within 30 days of
invoice date (subject to credit status), when the full invoice value
becomes due. No set off for any reason will be allowed. The time of
payment shall be of essence of the contract. If payment is not received
on the due date the Seller shall be entitled to interest on any
outstanding balance at the rate of 2% per annum above the minimum
lending rate of Lloyds TSB Plc for the time being. Should credit status
not be met, payment is required in advance of goods dispatch.
4. Ownership of the Goods:
Ownership of the goods sold shall, notwithstanding
delivery, remain with the Seller until the Seller has received full
payment for such goods. Until full payment has been made, the Seller
may at any time, (and without prejudice to any of its other rights)
recover or resell the goods or any part of them and may enter on the
Buyer's premises for this purpose. The Buyer may not resell the goods
to which the Seller retains title unless he informs such third party of
this Condition of sale prior to such resale. Transport costs are also
additional, deliveries being made as carriage forward or carriage paid;
the delivery and packing costs are invoiced to the Buyer by the Seller.
5. Delivery:
Any date or time given by the Seller to the Buyer
for the delivery of goods is an estimate only and shall not be
considered a contractual obligation. The Seller shall not be liable for
any loss or damage arising from delayed or cancelled deliveries. The
goods will be at the Buyer's risk once delivered to and accepted by the
Buyer. For purposes of this Clause, the goods will be deemed delivered
and accepted once the consignment of goods is signed for by the Buyer.
The Seller shall not be liable for any loss or damage arising from
delay in production or delivery of any goods or failure to fulfil any
of its obligations to the extent that such delay or failure is caused
wholly or in part by fire, strikes, lock-outs, floods, accidents,
machine breakdown or any other conditions of force majeure. Delivery is
made to the address set out on the Seller's Delivery note and the buyer
is responsible for off loading. Special and offshore deliveries shall
be agreed in writing by both parties prior to delivery.
6. Specifications:
Technical data, dimensions, weights, etc., set out
in the Catalogue are a guide only, and no guarantee is given or implied
that goods will conform in absolute detail to the description and
illustrations, set out in such materials. The Seller reserves the right
to amend specifications and to withdraw goods from sale without prior
notice.
7. One Year Guarantee:
In addition to all the benefits conferred on the
Buyer by statute, the Seller guarantees all goods offered for a period
of one year (unless otherwise stated) from the date of sale provided
that: (i) it is established to the reasonable satisfaction of the
Seller that some part of the material used in manufacture was
defective, and the goods have been returned to it; and (ii) the goods
have not been subject to misuse or abuse of any kind. This guarantee
does not extend to wear and tear.
8. Suitability:
Other than expressly stated in the Catalogue, the
Seller makes no representations as to the fitness or suitability of any
goods for any purpose whatsoever.
9. Claims:
Non-delivery of any consignment within five days of
the date of the Seller's invoice must be notified to the Seller in
writing. Inspection of goods immediately on arrival is advised. Damage
or short delivery must be notified to both the Seller and the carrier
in writing within three days, and carrier's note should be endorsed
accordingly. Goods may not be returned to the Seller for any reason
whatsoever without the Seller's prior written agreement. All products
returned are liable to handling charges. Note: Failure to observe the
claims procedure can invalidate the Seller's contractual liability
under these Conditions.
10. Viruses:
It is the Buyer's responsibility to virus check all
materials before downloading them from the website of Robust Components
for any purpose.
11. Links:
Links made to other websites are made entirely at
the Buyer's own risk and the Seller accepts no liability of any kind in
relation to any linked sites. [The permission of Robust Components is
required in writing before 3rd party linking to its website.]
12. Copyright:
The pages within any catalogues produced on behalf
of the Seller in printed, electronic or other form are subject to
copyright. Certain contents of pages can be accessed, downloaded and
stored on a temporary basis for the purpose of ordering. Any permanent
storage or copying or redistribution of any of the information set out
in the website of Robust Components is strictly prohibited. Browsers
are also prohibited from modifying any details on the website of Robust
Components and from reproducing or publicly displaying or distributing
any such details for any commercial purpose whatsoever.
13. Governing Law:
The contract between the Seller and Buyer shall be
governed by the Laws of England and Wales and any disputes will be
resolved exclusively in the courts of England and Wales.
14. Data Protection:
The placing of orders from Catalogues will require
the Buyer to provide the Seller with the Buyer's name and address and
other relevant information. Personal information provided by the Buyer,
and any other relevant information relating to the Buyer, will be held
by the Seller and may be used for marketing purposes, including market
research, or occasionally shared with other organisations in the
prevention of fraud. Such information may also be disclosed to
carefully selected third parties who may contact the Buyer for
marketing purposes by mail, telephone or e-mail. Buyers who do not wish
to be contacted by such third parties should advise the Seller when
ordering.
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