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Terms & Conditions Definition "the Company" means Pakuma Ltd of 62 Park Road, Rushden, Northants, NN10 0LH "the goods" means those goods specified on a purchase order placed by the Customer or shown on the despatch note "the Customer" means the person or persons who has bought or agreed to buy the goods "the price" means the price of the goods and/or services specified on a purchase order or invoice "the contract" means the contract between the Company and the Customer for the sale and purchase of the goods and/or services. General 2.1 No contract shall be deemed to have been made until the Company accepts an order placed by the Customer 2.2 These terms and conditions will prevail over any terms and conditions proposed by the Customer 2.3 No variation shall have effect unless agreed in writing by the Company 2.4 No conduct by the Company shall be deemed to constitute acceptance of any other terms and conditions proposed by the Customer. 2.5 If any contract is cancelled by the Customer prior to delivery the Customer shall pay to the company a reasonable cancellation fee (as certified by the Company) unless the Customer has not received the goods within 28 days 2.6 The terms of this Contract are severable and separately enforceable 2.7 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Customer's acceptance of these Conditions. 2.7.1 The Customer must notify the Company if the goods delivered differ from the goods specified on the purchase order or despatch note. Similarly if any specified goods are missing from the delivered goods the Company must be notified in writing within three (3) days from delivery, thereafter it should be deemed that the goods ordered and delivered are the goods received. 2.7.2 The return of product to the company is at its' discretion, all returned goods must be in the original condition and packaging, together with a returns note and proof of purchase. The return costs may also be payable by the customer. 2.8 The Company will only accept responsibility for representations made by its staff of product features not listed in any promotional material or datasheets if made in writing. 2.9 Prices and specifications are subject to change without notice prior to the Customer placing a purchase order Price 3.1 The Price shall be the price quoted by the Company 3.2 Unless otherwise stated, the price shall not include delivery charges or Value Added Tax Payment 4.1 All accounts are strictly nett. The Customer will pay all sums due under this Contract as specified in any quotation from the Company to the Customer without any deduction set off abatement or discount (other than any discount as may be allowed in any quotation given by the Company to the Customer) 4.2 If any sums due under this Contract are in arrears for more than seven (7) days beyond the day on which they fall due and are paid only after the Company's solicitors or debt collectors have been instructed to recover the money then the Customer will pay to the Company on demand on an indemnity basis the reasonable costs, expenses and disbursement of the solicitors or debt collectors 4.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 3 % above Barclays Bank Plc's base rate from time to time in force and shall accrue at such a rate after as well as before any judgement. Delivery And Acceptance 5.1 Any times quoted for delivery are best estimates only and the Company undertakes no contractual commitment as to the date of delivery 5.2 Delivery of the goods to the carrier for transmission to the Customer or the prior delivery of the goods to the stipulated place of delivery shall constitute delivery to the Customer and the risk therein shall pass to the Customer. Section 32(2) and (3) of the Sale of Goods Act 1979 shall not apply 5.3 If the goods are not received by the Customer within three (3) days from the date of the relevant invoice, the carrier and the Company must at once be informed 5.4 Unless otherwise agreed in writing, the Company shall be entitled to make partial deliveries or deliveries by instalments and the terms and conditions of this Contract will apply to each partial delivery. The Company cannot be liable for additional costs incurred by the Customer due to part shipment or delay in delivery 5.5 The Customer shall be deemed to have accepted Goods upon delivery to the Customer 5.6 After acceptance the Customer shall not be entitled to reject Goods which are in accordance with the Contract 5.7 Risk shall pass on delivery and acceptance of the Goods Transfer Of Property 6.1 The property in goods supplied will remain with the Company and will pass to the Customer only when the Customer has paid all sums due for the goods |
6.2 If the Customer sells the goods before the property in them passes from the Company to the Customer then the Customer holds the proceeds of resale or the amount due to the Company for the goods (if less) on trust for the Company separately identified as such. In any resale the Customer will act on its own account and not as agent for the Company 6.3 Until the property in the goods passes to the Customer the Company may retake possession of the goods and for that purpose may go upon any premises or vehicles owned or occupied by the Customer without being liable for any damage which it was not reasonably practicable to avoid 6.4 Nothing in this condition shall entitle the Customer to return the goods and the Company may bring an action for the price even though the property in the goods has not passed to the Customer 6.5 Any warranty provided with the product is non-transferable. Warranty 7.1 Subject to condition 8 the Company guarantees the goods and their components against defects in workmanship construction and materials for life. 7.1.1 The Company is notified within seven (7) days of the discovery of any such defects by the Customer 7.1.2 The defective goods are returned to the Company and transportation charges are prepaid by the Customer. 7.1.3 The defective goods must be packaged and returned as per the Company instructions provided to Customer. 7.1.4 Examination of the goods by the Company reveals that such defects exist and have not been caused by misuse, neglect, accident, improper handling, storage or installation or by repair or alteration not affected by the Company 7.2 The Customer shall pay to the Company the reasonable cost (as certified by the Company) of any examination of the goods which does not reveal a defect for which the Company is liable 7.3 In the case of defects or faulty workmanship in products or any parts supplied but not manufactured by the Company the Customer shall not be entitled to receive any greater benefit than shall be received by the Company under any Guarantee or Warranty given to the Company by the manufacturer or suppliers thereof. 7.4 Any times quoted for repair or replacement are best estimates only and the Company undertakes no contractual commitment as to date of repair or replacement. 7.5 The Customer shall pay to the Company the reasonable cost (as certified by the Company) in advance, of any requested repair to defects of the goods deemed exempt of manufacturers warranty. 7.6 The Customer shall pay to the Company the reasonable cost (as certified by the Company) for charges incurred by the Company due to unnecessary call out, remedial work, non warranted defects or defects deemed by the Company to be originated by the Customer 7.7 Servicing/Repair of Goods not covered by warranty 7.7.1 Before the Company undertakes on site call outs and inspections or repairs of any item or if collection for inspection and repair of any item at the Company's premises is required the customer must first give credit card details to the Company to cover the cost of the call out inspection and any on site repairs 7.7.2 The Company will, on visiting the customer, give the customer an estimate of the likely cost of the repair and advise whether these can be carried out on site or the items need to be taken to the Company's premises 7.7.3 In respect of items taken to or delivered or collected by the Company the Company will give a written/verbal estimate for repair. If the customer has not accepted this estimate within 10 days in writing or verbally the Company will return the item to the customer. The customers credit card account will be debited with the collection, delivery charge and inspection fee. Limitation Of Liability 8.1 Goods must be paid for in full before they are covered by warranty 8.2 Except as expressly stated in this Contract all other conditions, warranties or other undertakings concerning the goods whether express or implied by statute, common law, custom, usage or otherwise are excluded from this Contract nor shall the Company be liable in respect of any negligence in respect of the goods 8.3 The Customer shall not be entitled to reject the goods and in the event of a breach of contract any damages recoverable by the Customer shall be limited to the reasonable cost of remedying such breach of contract provided that the Company shall first be afforded the opportunity of itself carrying out any necessary remedial work 8.4 Except where the Contract is an international supply contract having the characteristics specified in section 26 of the Unfair Contract Terms Act 1977, nothing contained in this Condition shall exclude or restrict:- 8.4.1 Any liability by the Company for breach of its implied undertaking as to title and 8.4.2 Where the Customer deals as consumer within the meaning of the Unfair Contract Terms Act 1977, any liability of the Company for breach of its implied undertakings as to conformity of the goods with description or same or as to their quality or fitness for a particular purpose 8.5 The Company is not liable:- 8.5.1 For any cost, claim or other losses arising from or in respect of goods not delivered to the Customer by the Company or differing from the purchase order or despatch note that are not notified to the Company by the Customer within seven (7) days from delivery 8.5.2 For any verbal confirmation of Company goods compatibility with a specific computer
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