Tracgroup

1. Interpretation

 

1.1  In these Conditions:

‘CUSTOMER’ means the person or organisation whose name appears on the attached Written Order.

 

‘GOODS’ means the goods (including any installment of the goods or any parts for them) which the Supplier is to supply as set out more specifically on the attached Written Order.

 

‘SUPPLIER’ means Trac Office Equipment Ltd (Registered in England No. 1859684).

 

‘CONDITIONS’ means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Customer and the Supplier and attached to these conditions.

 

‘CONTRACT’ means the contract for the purchase and sale of the Goods.

 

‘WRITING’ includes telex, cable, facsimile transmission, electronic mail and comparable means of communication.

 

‘WRITTEN ORDER’ means the attached written order setting out the agreed price and description for the Goods together with ally special terms agreed between the parties.

 

1.2  Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

 

1.3  The headings in these Conditions are for convenience only and shall not affect their interpretation.

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2. Basis of the Sale

 

2.1  The Supplier shall sell and the Customer shall purchase the Goods subject to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions.

 

2.2  No variation to these Conditions shall be binding unless agreed in Writing between the Customer and the Supplier or either party’s authorized representatives.

 

2.3  The Supplier’s employees or agents are not authorized to make any representations concerning the Goods including but not limited to maintenance and storage of the Goods unless confirmed by the Supplier in Writing. In entering into the Contract the Customer acknowledges that it does not rely on any such representations which are not so confirmed.

 

2.4  Any advice or recommendation given by the Supplier or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by the Supplier is followed or acted upon entirely at the Customer’s own risk, and accordingly the Supplier shall not be liable for ally such advice or recommendation which is not so confirmed.

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3. Orders and Specifications

 

3.1  The Customer shall be responsible to the Supplier for ensuring the accuracy of the terms of any order (including any applicable specifications) submitted by tile Customer, slid for giving the Supplier any necessary information relating to tile Goods within a sufficient time to enable the Supplier to perform the Contract in accordance with its terms.
 

3.2  The quantity and description of and any specification for the Goods shall be those set out in the Supplier’s Written Order.
 

3.3  Drawings, specifications and any particulars of timber finishes, colour shades, weights, measurements or quantities submitted in or Writing any quotation are approximate only and intended to present a general idea of the Goods described in the Written Order. The copyright in all drawings, specifications and publications supplied or published by the Supplier is reserved to the Supplier. No warranty is given that the Goods supplied will correspond exactly with any photographs, drawings, plans or other illustrations or descriptions given in relation to the Goods.
 

3.4  No order which has been accepted by the Supplier may be cancelled by the Customer except with the agreement in Writing of the Supplier and on terms that the Customer shall indemnify the Supplier in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Supplier as a result of cancellation.

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4. Price of the Goods
 

4.1  The price of the Goods shall be the Supplier’s quoted price set out in the attached Written Order.
 

4.2  The price is exclusive of any applicable value added tax, which the Customer shall be additionally liable to pay to the Supplier.

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5. Terms of Payment
 

5.1  Subject to any special payment terms set out in the Written Order the Supplier shall charge a deposit of fifty per cent of the value set out ill the Written Order at the date hereof A further twenty five per cent shall be payable on delivery of the Goods and the final twenty five per cent shall be payable on installation.
 

5.2  The Customer shall pay the price of the Goods as set out in condition 5.1 above within 30 days of the date of the Supplier’s invoice, and the Supplier shall be entitled to recover the price, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Customer. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
 

5.3  If the Customer fails to make payment on the due dates then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to:
 

5.3.1  cancel the Contract or suspend delivery to the Customer; and
 

5.3.2  charge the Customer interest (both before and after any judgment) on the amount unpaid, at the rate of 3% per cent per annum above the then current Bank base rate from time to time, until payment in full is made.

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6. Delivery
 

6.1  Delivery of the Goods shall be made in accordance with the Written Order or by the Customer collecting the Goods at the Supplier’s premises at any time after the Supplier has notified the Customer that the Goods are ready for collection or, if some other place for delivery is agreed with the Supplier, by the Supplier delivering the Goods to that place. A delivery charge shall be levied by the Supplier in accordance with the Written Order.
 

6.2  Any dates quoted for delivery of the Goods are approximate only and the Supplier shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Supplier in Writing. The Goods may be delivered by the Supplier in advance of the quoted delivery date upon giving reasonable notice to the Customer.
 

6.3  If the Customer fails to take delivery of the Goods or fails to give the Supplier adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of the Supplier’s fault) then, without prejudice to any other right or remedy available to the Supplier, the Supplier may:
 

6.3.1  store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or
 

6.3.2  sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract or charge the Customer for any shortfall below the price under the Contract.

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7. Risk and Property

 

7.1  Risk of damage to or loss of the Goods shall pass to the Customer:

 

7.1.1  in the case of Goods to be delivered at the Supplier’s premises, at the time when the Supplier notifies the Customer that the Goods are available for collection; or
 

7.1.2  in the case of Goods to be delivered otherwise than at the Supplier’s premises, at the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when the Supplier has tendered delivery of the Goods.
 

7.2  Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Customer until the Supplier has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Supplier to the Customer for which payment is then due.
 

7.3  Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as the Supplier’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as the Supplier’s property, but the Customer shall be entitled to resell or use the Goods in the ordinary course of its business.
 

7.4  Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), the Supplier shall be entitled at any time to require the Customer to deliver up the Goods to the Supplier and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods.
 

7.5  The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Supplier, but if the Customer does so all moneys owing by the Customer to the Supplier shall (without prejudice to any other right or remedy of the Supplier) forthwith become due and payable.