“the Company” shall mean [Canopy UK Ltd].
“the Purchaser” shall mean any real or legal person who places an order with the Company for the sale of goods from, or supply of services by, the Company.
2. Formation of Contract
No contract shall be formed until such time as the Company has accepted in writing a request for the sale of goods or supply of services.
3. Prices & Delivery
3.1 Unless otherwise stated in writing, all prices are ex-works. All carriage and packaging costs shall be paid by the Purchaser. [do you want to make provision for buyer to pay storage charge if they don’t collect promptly?]
3.2 All prices quoted exclude VAT unless otherwise stated in writing.
3.3 Any extra cost incurred by the Company as a result of any act or omission of the Purchaser shall be added to the price.
3.4 By reason of fluctuation in pound value, and other costs, prices are subject to alteration without prior notice and reserve the right to invoice at the price ruling at the date of ordering.
3.5 Any time or date specified for delivery of goods or the supply of services is an estimate only and time shall not be of the essence unless expressly agreed in writing.
3.6 Standard delivery is made by one driver to the kerbside only. Assistance with unloading may be required and the Purchaser must ensure that suitable assistance is available at the time of delivery. Delivery to site does not include unpacking or installation unless agreed in writing.
Unless other wise agreed in writing by the Company, payment shall be made in full without set-off prior to release of goods or supply of services.
As this is a business to business contract, the Purchaser has no right of cancellation once an order for goods or services has been accepted by the Company.
6. Warranty Conditions
Any warrantee provided by the Company is invalidated if the Purchaser fails to comply in whole or in part with the operation and maintenance instruction or if installation or repair has been carried out by an engineer who is not approved by the Company. The warrantee shall also be invalidated if non-genuine parts have been used or modification have been made. All second-hand equipment is sold as seen without any warrantee, express or implied.
Any warrantee that is provided is limited to the free replacement of defective parts only. The warranty does not extend to perishable or consumable parts, installation or carriage costs or malfunctions resulting from wear and tear or defects caused by mistreatment or mishandling.
7. Quality & Description
Every effort is made to ensure that the description of the goods on the website/catalogue are correct and not misleading at the time of going to print. Where the descriptions are inaccurate the company will use all reasonable endeavours to notify customers wishing to order the relevant goods at the time the order is taken.
8. Ownership and Risk
Legal and beneficial ownership of all goods supplied by the Company shall remain vested in the Company until payment for those goods has been made in full. Failure to pay all sums due in full will give the company the right to take possession of any goods supplied by the Company.
The risk in goods shall pass to the Purchaser upon delivery to the Purchaser or his agent and the Company shall, notwithstanding that ownership of the goods maybe retimed by it, have no responsibility in respect of those goods thereafter, the Purchaser being responsible for effecting adequate insurance in respect of those goods.
9. Damage & Rejection of Goods
The customer must examine the goods for damage and correctness upon delivery. If it is impractical to examine the goods on delivery, the delivery document must be clearly marked and signed for as unexamined and the reason why it was impractical. In this case any damage must be notified in writing to the company within 24 hours of delivery of the goods. Any claim for loss, damage or missing parts will not be considered after this time.
All specification and features quoted in the catalogue are nominal and subject to manufacturing tolerances, exact conformity cannot be guaranteed.
11. Suitability For Their Purpose
Goods which have been incorrectly ordered will not normally be accepted for return by the Company. If the Company does accept the return of any goods, the Company reserves the right to charge a 25% restocking and handling fee. Returned goods must be returned, carriage paid, correctly packed in their original packaging, with original manual, have not been used and have all security seals intact. It is entirely the Purchaser’s responsibility to ensure that any goods ordered meet the Purchaser’s requirements. The Purchaser agrees that he has not entered in to this contract on the basis of any representation made by or on behalf of the Company unless such representation is recorded in writing and signed by a director of the Company.
12. Compliance With Instructions & Safety
The customer must ensure that all the equipment are installed, maintained and used strictly in accordance with the appropriate instructions and recommendations both for the safety of users and to prevent damage the equipment.