In These Conditions:-
‘The Contract’ means the Contract of which these conditions form a part
‘The Buyer’ means the person who enters into Contract with the Seller
‘The Goods’ means the goods the subject of the Contract
- CONFLICTING CONDITION
- Any conflicting conditions stated in the buyer’s order or in any other document and in particular (but without prejudice to the generality of the above) any condition stating that the Buyers condition of the purchase shall prevail over these conditions shall not take effect unless agreed in writing by a representative of Media Depot.
- QUOTATIONS AND EXCLUSIONS OF SALE BY SAMPLE
- The placing of an order following the seller’s quotation shall not be binding on the seller until or unless confirmed by the seller’s official Order Acknowledgement. In the case of orders given verbally by the buyer, whether by telephone or otherwise, the record made by the seller of such order shall be conclusive and binding as to the type and quantity of the product involved, the delivery point and delivery date.
- Additions or alterations to orders, however made, shall not be binding until confirmed by the seller in writing.
- The prices quoted are exclusive of V.A.T., which shall be charged at the appropriate rate, where applicable.
- Any delivery date specified by the seller shall be deemed an estimate only.
- Delivery of the goods shall be deemed to have taken place: –
- Where the goods are carried in a vehicle owned by the seller or in a vehicle owned by a carrier employed by the seller when the delivery note is tendered to the consignee;
- Where the goods are carried in a vehicle sent or provided by or on behalf of the buyer when the delivery note is tendered to the driver of the vehicle at the seller’s premises;
- Where the goods are carried by a carrier, other than in a vehicle owned by a carrier employed by the seller, when the delivery note is tendered to the driver of the vehicle on the seller’s premises;
- Where the goods are carried by rail, in accordance with the British Rail’s standard terms and conditions.
- Unless otherwise stated, goods will be carried by the method of transport chosen by the seller to the address specified by the buyer
- Carriage may be charged to the buyer unless otherwise agreed with the seller.
- ACCEPTANCE BY THE BUYER
- If the buyer gives any delivery instructions for the goods, or the buyer accepts their delivery (in whole or in part) or if the buyer does in any act in confirmation of the contract this shall constitute and quality as an acceptance by the buyer of these conditions.
- Claims in respect of any shortages, defect or damage must be made in writing within 7 days of delivery.
- OWNERSHIP OF THE GOODS
- Notwithstanding delivery to the buyer property of the goods shall remain in Media Depot until the buyer has paid Media Depot in full for the goods and any other amounts due to Media Depot at the time of delivery of the goods until such time Media Depot may enter the buyer’s premises and retake possession of the goods.
- Prior to any payment in full the buyer may resell the goods for the account of Media Depot and the proceeds of such sale shall be held by the buyer on Media Depots behalf.
- PRICE VARIATION
- Media Depot has the right to adjust prices by giving notice to the buyer prior to shipment of the goods.
- The seller reserves the right to refuse to execute any order if the arrangements for payment or the customer’s credit are not satisfactory to the seller.
- Delivery will be made upon cleared funds unless any other credit facility has been agreed in writing.
- If payment is not made on the due date the seller reserves the right to charge interest on the amount due at the rate of 1% above HSBC’s basic current rate at the time when charged.
- No deductions can be made on the settlement unless previously agreed with the seller.
- No returns can be made to Media Depot without written permission.
- All returns must be carriage paid to Media Depot in Telford.
- FORCE MAJEURE
11.1.Notwithstanding any agreement to the contrary, deliveries may be totally or partially suspended by the seller during any period in which the seller may be prevented or hindered from manufacturing, supplying or delivering the goods as a result of acts of God, fire, accident, war, riot, civil commotion, government order, regulation or directions, shortage of labour equipment or materials, strikes, lock-outs, or any other contingencies whatsoever beyond the seller’s control. Whether of the same nature of the foregoing or not.
- Any goods the delivery of which has been totally or partially suspended shall be accepted by the buyer commencing as soon as the seller is no longer prevented or hindered from manufacturing, supplying or delivering the goods.
- Media Depot is at liberty to employ sub-contractors of its own choice on all or any part of the order.
- GOVERNING LAW
- The validity construction and performance of any contract of which these conditions apply shall be governed by the Law of England and shall be subject to the jurisdiction of the English Courts.