SECURI CABIN UK LIMITED – CONDITIONS OF SALE
1. Interpretation, in these Conditions of Sale:
1.1. “Supplier” means Securi Cabin UK Limited, (registration number NI607582) at the registered address of River House, Home Avenue, Newry, BT34 2DL.
1.2. “Customer” means the person who purchases the Goods.
1.3. “Goods” means the goods ordered by the Customer from the Supplier, in an order which has been accepted by the Supplier, in accordance with these Conditions
1.4. “Conditions” means the standard terms and conditions of sale and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Supplier and the Customer.
1.5. “Contract” means the contract for the purchase and sale of the Goods.
1.6. “Writing” includes telex, cable, facsimile transmission, electronic mail and comparable means of communication.
2. Basis of Sale
2.1. Applicability of Conditions
These Conditions of sale shall form part of all Contracts between the Supplier and the Customer and shall prevail over any inconsistent terms or conditions contained in or referred to in any order or correspondence of the Customer in writing which is accepted by the Supplier or elsewhere and all or any such conditions or stipulations contrary to these Conditions are hereby excluded and extinguished. No variation of these Conditions shall be binding unless accepted by the Supplier or the Supplier’s authorised representative in Writing.
2.2. Errors and Omissions
Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Supplier shall be subject to correction without any liability on the part of the Supplier.
3. Quotations, Orders and Specifications
3.1. Quotations and Offers
Quotations by the Supplier shall not constitute offers to the Customer. An offer will be constituted by an order from the Customer, (where applicable, on the basis of the Supplier’s quotation), and a Contract will be created by the Supplier’s acceptance of the Customer’s order. Each order from the Customer will constitute the basis of a separate Contract but the application of these Conditions to a Contract shall constitute notice to the Customer of their applicability to all future orders, which are accepted.
The quantity, quality and description of and any specification for the Goods shall be those set out in the Customer’s order (if accepted by the Supplier), subject to such amendment, clarification, addition and deletion as is contained in the Supplier’s acceptance.
4.1. Place of Delivery
Delivery of the Goods shall be made 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 by the Supplier delivering the Goods to that place.
4.2. Delivery Date
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 howsoever caused. The Goods may be delivered by the Supplier in advance of the quoted delivery date upon giving reasonable notice to the Customer.
4.3. Packaging, Carriage and Insurance
The prices are exclusive of any costs of standard packaging, carriage and insurance, which shall be arranged by the Supplier but paid by the Customer in addition to the price.
4.4. Force Majeure
In the event of an act of God, governmental direction or other authoritative direction or intervention, strikes, lock-outs or other industrial civil or international unrest (whether the same affects the Supplier, his suppliers or agents) or any other force majeure of whatsoever nature beyond the control of Supplier, the Supplier shall not be liable for any delay in delivery, non-delivery, destruction or deterioration of all or any part of the goods or for any other default in the performance of this contract arising there from and the Supplier shall have the option either to cancel this contract either wholly or partially or to extend the time for delivery during such period as said circumstances or any of them shall continue. In the event of such cancellation by the Supplier, or any such postponement, the Customer shall have no claims whatsoever against the Supplier.
4.5. Cancellation of Order
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.
4.6. Bankruptcy of Customer
If the Customer becomes bankrupt or enters into an arrangement with his creditors or if execution is levied against him or (if a company) an order is made or a resolution is passed for a winding up of the Customer or if a receiver is appointed over the property of the Customer or if an examiner or administrator is appointed to the Customer or if the Customer becomes insolvent or if the Customer is in breach of any Contract with the Supplier, the Supplier may stop any Goods in transit and suspend further deliveries and may determine any Contract with the Customer without prejudice to any existing claim.
The price of the Goods shall be the price quoted by the Supplier or (if different) stated or confirmed in the Supplier’s acceptance of the Customer’s order. All prices quoted are valid for 30 days only, after which time they may be altered by the Supplier without giving notice to the Customer.
Unless expressly quoted as including VAT, all prices are exclusive of value added tax or any other government taxes or duties, which, if applicable shall be paid by the Customer.
5.3. Payment Terms
Unless otherwise agreed in writing by the Supplier, the Customer shall make all payments due to the Supplier, on or within 30 days of the date of the invoice. All payments are due by cheque, bank draft or credit transfer. The Supplier reserves the right in respect of every payment to decline to accept payment by cheque and to require instead payment by (at the Supplier’s option) bank draft or credit transfer.
5.4. Full Payment
The Customer shall not make any set-off against the price of the Goods or raise any counterclaim in diminution of the price due but must pay the price and all other charges due on the due date or dates for payment agreed. Any complaints regarding short delivery, alleged defects or faults in the goods, failure to deliver in accordance with the terms of the Contract, or other complaint shall leave the Customer’s obligation to pay the entire price for the Goods and all other charges due under the Contract intact.
5.5. Failure of Payment
If the Customer fails to make any payment on the due date then without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to: –
a. cancel the Contract;
b. suspend any further deliveries to the Customer; and
c. charge the Customer interest on the amount unpaid. The interest rate to be applied in respect of late payments will be the Bank of England main refinancing rate plus 8% unless otherwise agreed.
6. Risk and Property
6.1. Retention of Title
Title to the Goods will only be transferred to the Customer when payment is made for them in full.
6.2. Recovery of Goods
Following non-payment by the Customer, the Supplier has right of entry onto the Customer’s premises in order to recover goods over which he has ownership and the Customer permits the Supplier a right of access to the goods whenever there arises a right to repossess.
Notwithstanding the foregoing, the Goods shall be at the risk of the Customer:
a. (in the case of Goods to be delivered), at the time when the Supplier delivers the Goods to the Customer and the Customer signs the delivery document or
b. (in the case of Goods to be collected) at the time when the Customer collects the Goods and signs the collection document.
7. Warranty and Liability
The Supplier warrants that at the time of sale, it will have title to see the Goods to the Customer and the Goods sold to the Customer will conform with the specifications for them published by the Supplier or manufacturer.
Notwithstanding any of the provisions hereof the Supplier’s liability in respect of any Goods supplied to the Customer proved to be defective shall be limited to giving to the Customer a reasonable credit or allowance in respect of such defective Goods or, at the Supplier’s option, to replace such Goods or to repair such at Moylagh, Oldcastle, Co Meath or such address as the Customer and the Supplier may mutually agree but under no circumstances shall the liability of the Supplier exceed the invoice price of the Goods supplied under any Contract.
7.3. No Other Liability
Subject to Clause 7.4, the Supplier shall not have any further liability to the Customer other than as described in Clause 7.2, whether under these conditions of sale or any other basis including liability in tort as a result of the sale of Goods.
7.4. Non-Excludable Liability
Nothing in these conditions of sale shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or any of its employees or agents, nor shall they operate to exclude or limit any statutory rights, which cannot be legally excluded or limited, including the statutory rights of a customer.
8. General Provisions
8.1. Applicable Law
These conditions of sale shall be governed by and construed in all respects (including the formation thereof and the performance thereunder) in accordance with UK Law.
8.2. Data Protection
The Customer acknowledges and agrees that details of the Customer’s name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on the Customer’s behalf in connection with the Goods.
8.3. Queries and Complaints
Notification of queries and/or complaints must be notified to the Supplier in writing within fourteen (14) days of receipt of the Goods.