"The person who buys the goods from the Seller."
"The terms and conditions of sale as set out in this document."
"The articles which the Buyer buys from the Seller."
"The price for the Goods."
"Means Drives Online.com"
2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the Sale of Goods, to the exclusion of all other Terms and Conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
2.3 Payment of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 These Conditions may not be varied.
2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer.
The Price shall be the price quoted on the Seller’s confirmation of order. The Price is exclusive of VAT.
4. Payment and Interest
4.1 Payment of the Price shall be due at the point of confirmation of order.
4.2 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against the Seller.
The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order.
6.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order.
6.2 The Company warrants:- the Goods and the medium on or into which the Software is incorporated against defects in design, materials and workmanship for the period provided by the Manufacturer. This is typically 12 months from the date of delivery to the Company, unless a written agreement exists between all parties. Copies of Suppliers warranty clauses will be made available on request. The liability of the Company shall be entirely discharged by the assignment to Customer so far as is legally possible of such warranty rights as have been granted by the manufacturers of such Goods. Where such an assignment cannot be affected, the Company's' liability shall be limited to an amount (if any) equal to the net amount (after deduction of costs) recovered by the Company in respect of the Goods from the manufacturer. b) The Company and its Suppliers accept no liability for i) Defects caused by Customer's design or installation of the Goods or Software; ii) Or if the Goods or Software have been modified or repaired otherwise than as authorised in writing by the Company; iii) Or if the Goods have not been operated, stored, or maintained as recommended by the Company; iv) Or if the defect arises because of the fitting of the goods to unsuitable equipment; v) or where Customer has failed to observe the terms of payment for the Goods or any other obligation imposed by the Agreement.
7. Delivery of the Goods
7.1 Delivery of the Goods shall be made to the address specified by the Buyer in their order.
7.2 The Buyer agrees to pay any extra Customs charges which may be due under the applicable laws of the country of delivery.
7.3 The Seller undertakes to use its reasonable endeavours to despatch the Goods within its advertised lead times.
7.4 Delivery dates and advertised lead times are estimates only and the Seller will not be liable to the Buyer for any loss or damage sustained by the Buyer as a result of the Seller’s failure to comply with such delivery dates or advertised lead times. The Buyer shall not be entitled to refuse to accept late delivery or to treat late delivery as a breach of contract. The Seller may at its option deliver by instalments. Where goods are ready for delivery the Seller may agree to postpone delivery at the request of the Buyer provided that the Buyer pays the full price of the goods to the Seller immediately. The Seller may store the goods at its own premises or elsewhere at the Buyer’s sole risk and all storage insurance and transport costs in connection therewith shall be paid by the Buyer. If the Seller does not agree to postpone delivery the Seller may at its option treat the contract as repudiated by the Buyer in which event the Seller shall (without prejudice to any other rights or remedies in respect of such repudiation) be entitled to sell the goods and to retain the proceeds of sale.
8. Acceptance of the Goods
8.1 The Buyer shall be deemed to have accepted the Goods 72 hours after delivery to the Buyer.
8.2 The Buyer shall carry out a thorough inspection of the Goods within 72 hours of delivery and shall give written notification to the Seller within 7 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.
8.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the order.
9. Title and risk
9.1 In all cases, delivery shall take place and risk shall pass upon the Buyer collecting or upon the Seller delivering the goods to the premises of the Buyer or to such other premises as may be nominated by the Buyer for this purpose in writing.
9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them has been paid in full.
10. Carriage of Goods
Carriage is calculated based on the weight of the Goods ordered.
11. Limits of Liability
The guarantee and the remedies expressly set out shall be the full extent of the Sellers liability and will not in any
event exceed the cost of repair, replacement or credit at the Seller’s option of the goods. The Seller shall not in
any circumstance be liable for any other loss or damage whatsoever, including any consequential loss or any loss of profit, earnings or receipts or increased costs howsoever arising in any way in connection with the contract or the goods. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.