TERMS AND CONDITIONS OF SALE
The acceptance of your order by Phoenix Electronics Distribution ( A TRADING Division of Wheeler + Clinch Ltd) shall be subject to the following conditions. Any terms and conditions contained in the customers (referred to as the buyer) purchase order or related document, which is in conflict with the following conditions, shall be inapplicable.
All orders are accepted at prices then ruling. The seller reserves the right to alter the price (up or down) if the applicable exchange rate varies by more than 2 per cent between order placing and order despatch.
3. Despatch Dates
A) All despatch dates quoted are the seller’s best estimate but are not guaranteed and do not form a binding contract.
B) The seller shall be under no liability for direct or consequential loss in respect of delay or the consequences of any delay in full or part delivery or any failure to deliver, caused for whatever reason.
4. Damage or Loss in Transit
Packages and products must be examined by the buyer on receipt and notifications of damage or loss must be given in writing both to the seller and to the carrier within 7 days of receipt of the goods by the buyer otherwise no claim can be considered.
Terms of payment are strictly net cash unless a credit account has been established with the seller. Where a credit account has been established, payment must be made within 30 days of date of delivery (whether the goods are the whole or are part of the goods ordered). The seller reserves the right to refuse credit to any buyer and to reserve the right to withdraw credit facilities at the seller’s discretion without notice
6. Retention of Title
Goods, which are supplied against your purchase order, will remain the property of the seller until the full price has been paid to the seller by the buyer. If the buyer is in default in making the payment the seller may decline to make further deliveries without in any way affecting its rights under, or repudiating the contract. If despite any fault by the buyer, the seller continues to supply goods this shall not constitute a waiver or in any way prejudice the seller’s legal remedies for any default.
Any goods delivered by the seller to the buyer, whether or not payment has been made and whether or not title has passed from the seller to the buyer, are at the buyer’s risk
8. Description and Data
The seller shall make every effort to ensure the accuracy of technical data or literature relating to the goods. The seller however accepts no liability for any damage or injury arising directly or indirectly from any error or omission in such technical data or literature not being caused by gross neglect of the seller. It is the responsibility of the buyer to ensure that the data is current for the device being used and that no change in specifications has occurred.
All warranties expressed or implied, statutory or otherwise, are excluded. The seller will make every effort to obtain free replacements for defective goods from the seller’s principal, supplied in accordance with suppliers published specifications and terms of business. Under no circumstances will seller be liable in contract or otherwise, for any loss, damage, expenses or injury of any kind whatsoever, consequential or otherwise, arising out of, or in connection with, the installation use or failure of the articles sold or of any defect in such articles
10. Patent Rights
A) The sale of goods and the publications of any information or technical data relating thereto does not imply freedom from patent, registered design or other industrial property rights in respect of any particular application of the goods
B) The buyer warrants that the designs and specifications supplied by it to the seller will not involve the infringement of any patent, registration design or industrial property right in the manufacture or sales of the goods by the seller
C) The buyer undertakes to indemnify and keep indemnified the seller against all royalties, claims, demands, procedures, losses and costs in connection with any infringement or alleged infringement of a patent, registered design and other industrial property right in the manufacture, sale or application of the goods arising out of or in connection with the matters described in A) or B) above.
11. Force Majeure
The seller shall have no liability in respect of failure to deliver or perform or delay in delivery or performing any obligations under the contract due to cause outside the reasonable control of the seller such as Act of God, Fire. Floods, Wars and Civil Disturbance or Riots, Acts of Government, Currency Restriction, Labour Disputes, Strikes, Bankruptcy of any Supplier in the product manufacturing chain, unavailability of materials or failure of supplier, carrier or subcontractor to deliver on time.
A charge to the total value of the goods will be made for any goods, which are cancelled within the lead-time of the product. For goods, which are specially ordered or are non-catalogue items, no cancellation can be accepted.
The failure of the seller to insist upon strict performance in any of their terms and conditions stated herein shall not be considered a continuing waiver of any term or condition or of any other terms or conditions
The conditions and the contract and all matters pertaining thereto shall be governed by English Law
Carriage will be charged at cost unless otherwise agreed