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In these conditions:
"Customer" means any person or organisation purchasing goods from the Seller. "Seller" means Sparkpak UK Limited. "Goods" means and includes such goods or other materials as form the subject matter of the Contract. "The Contract" means the order for Goods to be sold pursuant to these conditions.
2. Conditions & Exclusions
(a) These conditions shall form the basis of a Contract between the Seller and the Customer, and shall apply except so far as expressly agreed in writing by a representative of the Seller duly authorised in writing.
(b) No servant or agent of the Seller has the power to verbally, or to make representations or promises about the suitability of the Goods for any purpose.
3. Orders and Terms of Sale
(a) The Seller shall reserve the right to refuse to accept any order for the supply of Goods without any necessity to state or offer a reason for doing so.
(b) Orders may be placed online (via the website), by letter, fax or email.
(c) Any Order placed shall constitute an acceptance by the Customer to purchase the Goods and of these Terms and Conditions which may be supplied by the Seller.
(d) The Customer shall pay all invoices on or before the last day of the month following month of invoice, unless agreed in writing by a representative of the Seller duly authorised in writing.
(e) The risk in the Goods shall pass to the Customer on delivery.
(f) Not withstanding the earlier passing of risk the ownership of the Goods shall remain with the Seller until receipt by the Seller of payment in full in respect of the purchase by the Customer of the Goods.
(a) The price of Goods shall be the Seller's ruling at the date of despatch.
(b) All prices are exclusive of Value Added Tax and will be charged in accordance with United Kingdom legislation at the tax point date.
(a) Delivery of the Goods shall be made by the Seller to the Customer's premises, or if some other place is agreed by the Seller, in the United Kingdom.
(b) Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay of the Goods however caused.
(c) Any shortage in the amount of Goods supplied, or any damages, at delivery must be notified to the Seller and confirmed in writing within 3 working days of delivery. Damages shall be held for inspection by the Seller to enable their claim to be made on the carrier.
(d) Delivery will be made free of charge on all orders above £100 (excluding VAT) to premises in mainland United Kingdom. Delivery to Scottish Highlands and Islands FOB.
In all cases orders under £100 carriage will be charged at cost.
(f) If at the time of delivery the Seller does not have the Goods in stock which have been ordered by the Customer, the Seller reserves the right to cancel the Contract on giving notice to the Customer.
(a) All requests for returns must be made in writing to the Seller.
(b) In the event of faulty or damaged Goods the Seller may arrange collection or authorise safe disposal.
7. Warranty by the Customer
The Customer hereby warrants to the Seller that it is an ultimate end-user or is an authorised dealer for the Goods and agrees to comply with all applicable laws and regulations. In the event of any breach of this warranty the Customer shall indemnify the Seller against any loss, damage or expense resulting from a breach of this condition.
A waiver by the Seller of a breach or default of any of the provisions of the Conditions by the Customer shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of the Seller to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the Customer.
9. Force Majeure
The Seller shall have no liability to the Customer for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, Act of God, war, Act of Parliament, or orders made under statutory authority, labour disputes, failure of sources of supply, civil commotion, fire, flood or natural disaster).
These Terms and Conditions and each and every Contract shall be subject to and interpreted in accordance with English Law and all parties agree to accept the exclusive jurisdiction of the English Courts.