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TERMS AND CONDITIONS OF SALE 1. Interpretation : 1.1. In these conditions : "BUYER" means the person or Company who accepts a quotation of the Seller for the Sale of the Goods or who is placing an order to the Seller based on the Seller's public offer or quotation. " GOODS" means any software or other products ( including any installment of the Goods or any parts fro them) which the Seller is to supply in accordance with these Terms and Conditions. " SELLER" means __________________________ of Network House, Arundel Road, Uxbridge,Industrial Estate, Uxbridge - UB8 2RR. " CONDITIONS" means the standard Terms and Conditions of sale set out in this document and (unless the context otherwise requires) including any special Terms and Conditions agreed in writing between the buyer and the Seller. " CONTRACT" means the contract for the purchase and sale of the Goods. " WRITING" includes telex, cable, facsimilie transmission, E-Mail and comparable means of Communication. 1.2Any reference in these Terms and Conditions to any provision of a stature shall be construed as a reference to that provision as amended, reenacted or extended at the relevant time. 1.3The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation. 2.Basis of the Sale 2.1The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written quotation or any public offer made by the Seller, or any order made by the Buyer in accordance with the Seller's offer or quotation. 2.2.No variation to these Terms and Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller. 2.3The Seller's employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into the contract the Buyer acknowledges that it does not rely on such representations which are not so confirmed. 2.4.Any typrographical, clerical or other error, omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller. 3.Orders and specifications 3.1 The Buyer expressly acknowledges that software described in the Seller's catalogues, advertising or price lists as " CD" and / or "+manual" only is for the sole purpose of backup and / or replacement of a legal copy already in the Buyers possession. 3.2Before placing an order, the Buyer shall first ensure the quality, legality and suitability of the Goods to its requirements. In case of doubt, the Buyer should make due enquiries with relevant manufacturers and / or software publishers before placing orders. 4.Price of the Goods 4.1The price of the Goods shall be the Seller's quoted price. All prices shown in the Seller's catalogue, advertising and price lists are subject to changes without notice. 4.2The Goods shall be invoiced at prices effective at time of delivery. All quotations are for acceptance within the same day, failing which the Seller reserves the right to withdraw the offer anytime thereafter. 4.3The Seller sells to trade only. All prices quoted are exclusive of any applicable Value Added Tax. All UK and EU residents hall be additionally liable to pay VAT to the Seller. 5.Terms of payment. 5.1No cash payment is acceptable. Payment must be made either by credit card or cheque. 5.2 For Buyers who are granted credit facilities, payment is Fourteen (14) days from the date of invoice and such credit facilities may be withdrawn at the sole discretion of the Seller at any time. 5.3The Seller reserves the right to charge interest on any overdue payment. 6.Delivery & Warranty 6.1All sales are made on an ex-work basis. The risk of safe delivery is the risk to the buyer, be it that the delivery was arranged by the Seller or arranged on behalf of the Buyer. However, the legal and beneficial titles of the Goods remain with the Seller until cleared funds payment is made in full. 6.2For evidence purposes, the Buyer must inspect the Goods and record all marks and details (i.e. serial no, type, title etc) of Goods upon receipt. They shall within Three(3) days upon receipt of the Goods, notify the Seller in writing of any alleged problem with the Goods, quoting all relevant serial numbers, types, titles etc. 6.3 The Seller is only responsible for Goods sold by the Seller. The Seller's liability under any circumstances is limited to the cost of the Goods and delivery cost. All returns must conform to the return procedure prescribed by the Seller and with the proper RMA number. Refunds will only be made upon the receipt of returned goods with the proper RMA number and correct packing. The responsibility for safe return rests with the Buyer. 7. Exclusion Clause The Seller is a trading company buying and selling software and products on an " as is, where is" basis, both locally and abroad for resale to trade only. The Seller expressly makes known that it has no expertise in verifying the quality, legality, suitability and / or origin of the products and software it sells. The Buyer must not use or sell on the software or products if they are uncertain about them. The Buyer is advised to check with the relevant manufacturer or software publisher for their advice. 8.General 8.1No waivers by the Seller of any breach of the contract by the Buyer shall be considered as waivers of any subsequent breach of the same or any other provision. 8.2Each party acknowledges that, in entering into this Agreement, it does not do so on the basis of or rely on any representation, warranty or other provision except as expressly provided in this Agreement, and accordingly conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law. 8.3If any provision of the Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Conditions and the remainder of the provision in question shall not be affected. 8.4This Agreement shall be governed by and constructed in all respects in accordance with the alws of England, and the Buyer agrees to submit to the non-exclusive jurisdiction of the English Court. 8.5 For any Goods delivered that are not in accordance with the Buyer's exact description as stated in the Buyer's order, the Buyer has the right to return the goods to the Seller at any time within Fourteen (14) days upon receipt for full refund. Failure to return the goods with different description to the Seller within the prescribed Fourteen (14) days will mean that the Buyer has accepted the Goods as per the invoice/delivery note in fulfillment of the Buyer's order. |
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CD Media Euro Ltd, , |