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Terms & Conditions:
I DEFINITIONS
The company means Athema Services Ltd. "The Customer" means any party to
whom the company may agree to sell Goods in accordance with The Company's
standard terms and conditions of sale. ‘The Goods" means the articles or things
any of them or any parts of them to be provided by The Company in accordance
with The Company's standard conditions of sale.
2 GENERAL
All orders are accepted and Goods supplied subject to the following terms and
conditions, warranties and representations, express or implied and statutory or
otherwise, except as to tile, are hereby excluded no addition thereto or
variation there from shall apply unless agreed in writing by the Parties.
3 ORDERS
The Company reserves the right (without prejudice to any other remedy) to cancel
any incomplete order or to suspend delivery in the event of any of The
Customer's commitments with The Company not being met. If an order is cancelled
by The Company in the aforementioned circumstances, or is cancelled by a
customer then The Customer shall indemnify The Company against all loss costs
(Including costs of all labour and materials used and overheads incurred),
damages, charges and expenses arising out of the order and the cancellation
thereof. (The Company giving credit for the value of any such materials sold or
utilized for other purposes) All orders are subject to availability of The
Goods.
4 PRICES
a) Catalogues price lists and outer advertising literature or material as used
by The Company are intended only as an indication of price and range of goods
offered and no price descriptions or other particulars contained therein shall
be binding on The Company.
b) All quoted or listed prices are exclusive at Valve Added Tax or any other
taxes and are based on the cost of The Company supplying The Goods to The
Customer and if before delivery of Goods there occurs any increase in any wary
of such costs in respect of Goods which have not yet been delivered the price
shall be subject to amendment without notice at The Companies discretion.
The majority of prices quoted will be those as
stated. However, we reserve the right to notify you of any price changes imposed
by individual Manufacturer's market trends or any pricing input errors. Whilst
we endeavour to check that prices shown are as accurate as possible, with the
number of Products we manage, human error is sometimes unavoidable, and so the
price of an item may vary from that shown. Should the price of any item vary,
you will be contacted prior to the implementation of any such Order and given
the opportunity to cancel your Order. Payment via a Credit or Debit Card is
automatically deferred, and will therefore NOT be processed. If unsure, we do
recommend that you contact us to check the latest prices, as these can fall as
well as rise. We are always seeking to lower prices to our Customers and to
improve our Service, therefore we welcome having direct contact with you and an
opportunity to serve your best interests.
Errors and Omissions Excepted, Prices change daily, please call for
correct price before placing an order, Price is subject to VAT & Delivery
charges.
5 MANUFACTURERS' SPECIFICATION The Company will not be liable in any respect for
any loss or damage caused by or resulting from any variation for whatsoever
reason in the Manufacturer's specifications or technical data and will not be
responsible for any loss or damage resulting from curtailment or cessation of
supply following such variation. The Company will endeavor to advise The
Customer of any such impeding variation as soon as it receives notice thereof
from the Manufacturer
6 CARRIAGE AND DELIVERY
Except as in accordance with The Company's catalogue, prices do not include
delivery charges to The Customer, and The Company reserves the right to levy a
charge for delivery to any other destination advised by The Customer. Any times
quoted for delivery are to be treated as estimates only. Whilst every endeavor
will he made to meet these estimates for dispatch The Company shall not be
liable in any manner whatsoever for failure to dispatch within the time quoted.
7 PASSING OF RISK AND TITLE
e) Risk in The Goods shall pass to The Customer on delivery
b) Property in The Goods shall remain in The Company until payment in full
thereof has been made by The Customer.
c) If payment in full is not made in accordance with The Company's standard
conditions of sale, The Company may require The Customer to return The Goods
forthwith and if the requirements is not immediately complied with The Company
shall be entitled at any time and without notice to retake possession of the
whole or any part of the Goods (and for that purpose to enter the premises
occupied by The Customer and sever The Goods from anything they are attached to
without being responsible for any damages thereby caused) without prejudice to
any other remedy that may be available to The Company
8 DEFECTS AND USE
Save as herein expressly provided and save to the extent that the exclusion or
restriction of liability may be prohibited by statute. The Company shall not be
liable for any loss of whatsoever nature or to whomsoever or whatsoever caused
rising out of the use of The Goods. The Customer shall indemnify The Company
against all claims made against The Company by any third party in respect
thereof, union otherwise agreed.
a) Where The Goods are rejected by The Customer for whatsoever reason, The
Company will only accept the return of such Goods provided that it receives
written notice thereof within three days of receipt of The Goods and provided
that The Goods are returned to the company within three days. Any refunds will
be made at The Company's discretion less the amount Incurred by The Customer for
the delivery/carriage charges both to The Customer from The Company end to The
Company from The Customer All goods returned must include all original pecking
end manuals and must he returned in the same condition that it was dispatched to
The Customer Any damage or loss to either The Goods packaging or manuals will
effect the amount of refund to be made
9 PRODUCT WARRANTIES
In the case of defects or faulty workmanship in products or any parts thereof
supplied but not manufactured by The Company. The Customer shall not be entitled
to receive any greeter benefit here under than shall be received by the company
under any guarantee or warranty given to The Company by the manufacturers or
suppliers thereof. Under warranty The Company will, as Its option, either repair
or give replacement of equivalent quality or issue credit to The Customer for
any Goods found to be defective because of faulty maintenance by The Company or
poor workmanship provided that
a) The Company is notified in writing within 7 days of The Customer first
covering any such defects;
b) The Goods have been used in an appropriate manner and/or prescribed in the
operating instructions (If any):
c) The defective Goods are returned to The Company at The Customer's expense.
d) Examination by The Company of such Goods discloses to satisfaction that such
defect exist and have not been caused by misuse, neglect accident, improper
storage installation or handling or by repair or alteration not effected by the
company
e) The Goods not having been modified or repaired otherwise than by The Company
or otherwise interfered with and;
f) The Customer shell pay to The Company the cost (as certified by The Company)
Of any examination.
10 RETURN OF EQUIPMENT
The Goods will not be accepted by The Company until a Return number is obtained.
All Goods must be returned in their original undamaged packaging with the
returns number clearly displayed on the outside of the box. The Goods returned
must be In good condition and together with all parts and instruction manuals
belonging to The Goods which are being returned.
11 CONTINGENCIES
The Company shall not be responsible for non-performance in whole or in part of
its obligations nor under any liability to The Customer in respect therefore
wherein such non-performance is due to acts of God, war, insurrection.
Government regulations, embargoes, strikes, labour disputes, illness, Flood,
fire, tempest or any other causes beyond the control Of The Company
12 CONSEQUENTIAL LOSS AND DAMAGE
Save as herein expressly provided The Company shall not be liable for any loss
or damage of whatsoever nature or to whomsoever caused arising out of the use
Goods supplied by it. The customer shell indemnify The Company against all
claims made against The Company by any third party in respect thereof.
13 PAYMENT
a) Provided that The Customer has been granted credit facilities by The Company
settlement terms are Net 30 days from the date of the invoice. In the absence of
credit facilities having been granted by The Company payment shall be in
advance.
b) The Company reserves the right to suspend deliveries where payment is not
received in accordance with paragraph (a) of this clause or in accordance with
any alternative terms of payment agreed in writing.
c) Where payment is not made in accordance with the terms at sub-clause (a)
above hereof The Customer shall pay Interest on any unpaid amounts calculated at
3% above Barclays Bank Plc's base rate for the time being in force calculated on
a daily basis.
14 CUSTOMER DEFAULT AND CANCELLATIONS AND RE-SCHEDULING OF DELIVERIES
a) If the circumstances or status of The Customer changes, for whatsoever reason
(e g. bankruptcy or receivership, change of name, litigation by The Company or
other parties etc) The Company reserves the right without prejudice to cancel or
suspend trading with The Customer Including orders in progress and to demand
immediate payment in full of all outstanding invoices.
b) Requests by a customer for cancellation or amendment of any order or for the
rescheduling of deliveries will only be considered by The Company if made In
writing and shall be subject to written acceptance of The Company or if
cancelled or rescheduled at the request of The Customer, then The Customer shall
indemnify The Company against all loss costs (including the coat of labour and
materials used and overheads incurred), damages, charges and expenses arising
out of the order and the cancellation, amendment or re-scheduling thereof to he
calculated at 5% of the value of the order with e minimum of 30 euro.
15 FORCE MAJEURE
The Company shall not he liable for the cancellation by it of any order or any
unfulfilled part thereof or for effecting partial discovery if performance by
The Company is prevented or delayed whether directly or indirectly by any cause
whatsoever beyond the reasonable control of The Company whether such cause
existed or was foreseeable at the date of acceptance of The Customer's order by
The Company or not and without prejudice to the generality of the foregoing any
cause shell be deemed to prevent, hinder or delay The Company if The Company is
thereby prevented hindered or delayed from fulfilling other commitments whether
to The Customer or to third parties.
16 NON-STANDARD GOODS
Unless otherwise agreed The Goods are supplied in accordance with the
Manufacturer's standard specification, The Company reserves the right to
increase its quoted or list price or to change accordingly in respect of any
orders accepted for products of non-standard specification and in no
circumstances will if consider cancellation of such orders or the return of The
Goods.
17 SEVERABILITY
If and to the extent that any provision or any part of the provision of The
Company's standard conditions of sale is illegal, void or unenforceable for any
reason. Then such provincial or part thereof (as the case maybe) shall he deemed
to he severable from the remaining provisions or parts of the relevant provision
(ass the case maybe) all of which remaining provisions shall remain in the full
force and cited
18 WAIVER
The waiver by The Company or any breach of any item hereunder shall not prevent
the subsequent enforcement of that term and shall not be deemed a waiver of any
subsequent breach.
19 INDEMNITY
a) The Company will indemnify The Customer for any direct physical injury or
death ceased by defects in the equipment sold to The Customer or by negligence
of The Company's employees in connection with the performance of their duties
under this agreement.
b) In no event shall The Company be liable for indirect or consequential
expenses incurred or damages including but not limited to damage caused by loss
of data and except as stated in (a) above The Company disclaims all liability to
The Customer for any losses incurred by The Customer as a result of any
negligence of Other tortuous ad by The Company, its employees or agents. Please
note that The Company shall reserve the right to cancel or refuse orders for The
Goods shown on The Company's website(s) with an incorrect price and/or with any
other incorrect information. No contract is made with The Customer until The
Company have dispatched The Goods to The Customer.
20 LEGAL CONSTRUCTION
These conditions and the contract of which this document relates shall in all
respects be construed and operate in accordance with English and Wales law.
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