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TERMS AND CONDITIONS
TERMS
AND CONDITIONS
1.
Interpretation
In these Terms and Conditions ( Terms ), the
following words and phrases shall have the following meanings:
“
the
Buyer” means the person, firm or company who purchases the Goods
from the Company:
“
the
Company” means Ribbonselect.com;
“
Contract”
means the contract between the Company and the Buyer which shall be
deemed to incorporate these Terms;
“
Goods”
means any goods agreed in the Contract to be supplied by the
Company to the Buyer;
“
Place
of Delivery” means the place to which the Goods are to be
delivered.
In
these Terms, reference to any statute or statutory provision shall be
construed as a reference to such statute or statutory provision as
amended, modified, re-enacted or replaced from time-to-time.
2.
The Contract
The Contract shall be on these Terms to the
exclusion of all other terms and conditions, including any such terms
and conditions that are purported to be included or applied by the
Buyer.
No
terms and conditions contained in the confirmation of order, purchase
order or other document of the Buyer will form part of the
Contract.
3.
Delivery
Unless otherwise agreed in writing, the Place of
Delivery shall be the Buyer’s premises and the Buyer shall take
delivery within 7 days of the Company notifying the Buyer that the
Goods are ready for delivery.
Any
dates specified by the Company for delivery of the Goods are intended
to be an estimate only. If no date is specified for delivery of the
Goods, delivery shall be within a reasonable time.
Subject
to the other provisions of these Terms, the Company shall not be
liable for any loss, whether direct or consequential, economic or
loss of profits or otherwise, arising directly or indirectly out of
any delay in the delivery of the Goods nor will any delay entitle the
Buyer to terminate or rescind the Contract unless the delay exceeds
60 days.
4.
Risk in and Ownership of the Goods
Risk in the Goods shall
pass to the Buyer on delivery
Ownership
in the Goods shall not pass to the Buyer until the Company has
received in full in cleared funds all sums due to the Company in
respect of the Goods and all other sums which are or may become due
to the Company from the Buyer on any account.
Until
ownership of the Goods has passed to the Buyer, the Buyer shall:
hold
the Goods on a fiduciary basis as the Company’s bailee;
store
the Goods separately from all other goods of the Buyer or any third
party in such a way that they remain identifiable as the Company’s
property;
not
destroy or deface any identifying mark on the Goods or their
packaging;
maintain
the Goods in satisfactory condition insured with the Company’s
interest noted on the policy and hold any proceeds of such insurance
on trust for the Company and not mix them with any other money.
5.
Price
The price for the Goods shall, unless otherwise agreed,
be the price set out on the date of purchase in the Company’s price
list. The price for the Goods shall be exclusive of all costs of
carriage and insurance and applicable VAT which the Buyer shall pay
in addition. The Buyer shall pay such deposit as the Company shall
direct.
6.
Payment
Where the Buyer is to be invoiced for the Goods,
Subject to paragraph 5, payment of the price of the Goods shall be
due in accordance with the Company’s invoice for the Goods.
Payment
shall not be deemed to have taken place until the receipt by the
Company of cleared funds.
7.
Warranties
The Company warrants that the Goods are of
satisfactory quality.
If
the Buyer wishes to make a claim under this warranty, the Buyer shall
give written notice to the Company within 30 days of the discovery of
the defect and give the Company a reasonable opportunity to inspect
the Goods in question.
The
Company shall not be liable for any breach of warranty if the Buyer
makes any further use of the Goods after giving such notice or alters
or repairs the Goods without the agreement of the Company.
The
Company’s liability under the warranty shall be limited to
repairing or replacing the Goods in question or refunding the price
of such Goods.
8.
Limitation of Liability
The Company’s liability in contract,
tort or otherwise arising out of the subject matter of the Contract
shall not exceed £100 and the Company shall under no
circumstances be liable to the Buyer for any consequential, indirect
or economic loss or damages.
9.
Force Majeure
If either party is subject to an event of Force
Majeure, that is circumstances outside its reasonable control,
including but not limited to war, fire, industrial disputes or civil
commotion, it shall notify the other and the first party’s
obligations under these Terms shall be suspended until it notifies
the other party of the end of such event of Force Majeure.
10.
General
If any part of these Terms is found to be void or
unenforceable by any Court of competent jurisdiction, such part shall
be severed from these Terms which will otherwise remain in full force
and effect.
These Terms shall be governed by and interpreted
according to English Law and the parties submit to the exclusive
jurisdiction of the English Courts.
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