BASIS OF THE SALE. 1.1 During the Term, the Supplier shall supply, and the Purchaser shall purchase, such quantities of Products as the Purchaser may order, in accordance with the Agreement. The Purchaser shall place its Orders by fax, phone or EDI. Orders for direct to site deliveries shall be placed through the Supplier’s nominated sales office. 1.2 The Order constitutes an offer by the Purchaser to purchase the Products in accordance with the Agreement. The Order shall be deemed to be accepted on the earlier of (a) the Supplier issuing a written acceptance of the Order or (b) the Supplier doing any act consistent with fulfilling the Order. The terms of this Agreement shall apply to the exclusion of any other terms that the Supplier seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. The Supplier waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of the Supplier that is inconsistent with this Agreement. 1.3 Where the Supplier has previously supplied to the Purchaser goods similar to the Products, no change in specification shall be made without the Purchaser’s written consent. 1.4 Statements and representations made by the Supplier its employees or agents relating to the Products or Services, prior to any Order, shall be terms of the Agreement. 1.5 The Purchaser may, by written notice given at any time prior to despatch of the Products or performance of the Services, amend or cancel the Order. 1.6 The Purchaser may return up to 5% (or the percentage stated in the G1) in value of the Products provided the Products are in re-saleable condition. 1.7 The Supplier shall give the Purchaser at least three months’ notice of any of the Products or Product ranges becoming Discontinued Stock, and shall pay for any point of sale information to assist the Purchaser to sell all Discontinued Stock. If the Supplier fails to give such notice, then, within 30 days of the date on which the Products became Discontinued Stock (which shall be the earlier of the date the Supplier is no longer selling the Product and the date on which an updated model, version or range of the Product is available for purchase in the market place), it will (a) at its cost collect from the Purchaser all remaining unsold Discontinued Stock and (b) credit the full original invoice value of the unsold Discontinued Stock to the Purchaser.
Appears in 2 contracts
Samples: Goods Purchase Agreement, Agreement for the Sale and Purchase of Products and/or Services
BASIS OF THE SALE. 1.1 During the Term, the 5.1 The Supplier shall supply, sell and the Purchaser Client shall purchase, such quantities of Products as purchase the Purchaser may order, Goods in accordance with any written quotation or order acknowledgement of the Agreement. The Purchaser shall place its Orders Supplier which is accepted by faxthe Client, phone or EDI. Orders for direct to site deliveries shall be placed through any Purchase Order of the Client which is accepted by the Supplier’s nominated sales office.
1.2 The Order constitutes an offer by , subject in either case to these Conditions, which shall govern the Purchaser to purchase the Products in accordance with the Agreement. The Order shall be deemed to be accepted on the earlier of (a) the Supplier issuing a written acceptance of the Order or (b) the Supplier doing any act consistent with fulfilling the Order. The terms of this Agreement shall apply Contract to the exclusion of any other terms that and conditions subject to which any such quotation or order acknowledgement is accepted or purported to be accepted, or any such Purchase Order is made or purported to be made, by the Client.
5.2 The Supplier Group are not authorised to make any representations concerning the Goods o r S e r v i c e s unless confirmed by the Supplier seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealingin Writing. The Supplier waives any right In entering into the Contract the Client acknowledges that it might otherwise have to does not rely on any term endorsed upon, delivered with or contained in any documents of the Supplier that is inconsistent with this Agreementsuch representations which are not so confirmed.
1.3 Where the Supplier has previously supplied to the Purchaser goods similar to the Products, no change in specification shall be made without the Purchaser’s written consent.
1.4 Statements and representations made 5.3 Any advice or recommendation given by the Supplier its employees Group to the Client Group as to the storage, application or agents use of the Goods which is not confirmed in Writing by the Supplier is followed or acted upon entirely at the Client’s own risk, and accordingly the Supplier shall not be liable for any such advice or recommendation which is not so confirmed.
5.4 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 relating to the Products or Services, prior to any Order, Goods shall be terms subject to correction without any liability on the part of the AgreementSupplier.
1.5 5.5 The Purchaser mayClient shall contact Supplier for suitable storage and maintenance instructions if Goods remain in, by written notice given at any time prior or are expected to despatch of the Products or performance of the Services, amend or cancel the Orderremain in storage for a period exceeding four (4) weeks from delivery date pursuant to Section 7below.
1.6 The Purchaser may return up to 5% (or the percentage stated in the G1) in value of the Products provided the Products are in re-saleable condition.
1.7 The Supplier shall give the Purchaser at least three months’ notice of any of the Products or Product ranges becoming Discontinued Stock, and shall pay for any point of sale information to assist the Purchaser to sell all Discontinued Stock. 5.6 If the Supplier Client fails to give such notice, then, request storage instructions from Supplier within 30 seven (7) days of the date end of this four (4) week period and the Goods have yet to be commissioned regardless of reason; or fails to follow the Supplier’s instructions wholly or in part for the Goods in storage or installed and for the period prior to commissioning, then the warranty (described in Section 13 below) shall immediately become void.
5.7 In the event Client requires Supplier to visit site on which the Products became Discontinued Stock (which shall be the earlier matters relating to storage or maintenance of the date the Goods, Supplier is no longer selling the Product and the date on which an updated model, version or range of the Product is available for purchase in the market place), it will (a) shall provide authorised personnel at its cost collect from the Purchaser all remaining unsold Discontinued Stock and (b) credit the full original invoice value of the unsold Discontinued Stock to the Purchaserpublished day rates.
Appears in 1 contract
Samples: Terms and Conditions
BASIS OF THE SALE. 1.1 During the Term, the Supplier shall supply, and the Purchaser shall purchase, such quantities of Products as the Purchaser may order, in accordance with the Agreement. The Purchaser shall place its Orders by fax, phone or EDI. Orders for direct to site deliveries shall be placed through the Supplier’s nominated sales office.
1.2 2.1 The Order constitutes an offer by the Purchaser Customer to purchase the Products Goods and/or Services in accordance with the Agreement. these Conditions.
2.2 The Order shall only be deemed to be accepted when the Supplier issues an Order Acknowledgement, at which point and on which date the Contract shall come into existence (Commencement Date). The Supplier shall not be required to accept Orders, and any acceptance shall be at our sole discretion.
2.3 Any samples, drawings, descriptive matter or advertising issued by the Supplier and any descriptions of the Goods or descriptions of the Services contained in the Supplier's brochures or on the earlier Supplier’s website are issued or published for the sole purpose of (a) giving an approximate idea of the Supplier issuing a written Services and/or Goods described in them. They shall not form part of the Contract or have any contractual force. Any typographical, clerical, or other error or omission in any sales literature, quotation, price list, acceptance of order, invoice, or other document or information used by the Order or (b) Company shall be subject to correction without any liability on the Supplier doing any act consistent with fulfilling part of the Order. The terms of this Agreement shall Company.
2.4 These Conditions apply to the Contract to the exclusion of any other terms that the Supplier Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. The Supplier waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of the Supplier that is inconsistent with this Agreement.
1.3 Where the Supplier has previously supplied to the Purchaser goods similar to the Products, no change in specification shall be made without the Purchaser’s written consent.
1.4 Statements and representations made 2.5 Any quotation given by the Supplier shall not constitute an offer, and is only valid for a period of 30 Business Days from its employees or agents relating date of issue, unless stated otherwise
2.6 All of these Conditions shall apply to the Products supply of both Goods and Services except where application to one or Servicesthe other is specified.
2.7 The Supplier does not acknowledge any implied right of cancellation and reserves the right to make such charges as it considers reasonable if, prior (without prejudice to the foregoing) it accepts in writing that any OrderOrder may be cancelled in whole or in part. No cancellation will, under any circumstances, be accepted by the Supplier where Goods have been ordered which are not standard inventory or are custom supplies, or if the Goods have already been despatched to the Customer at the date of the proposed cancellation.
2.8 The Company's quotation is a quotation only for the Goods actually specified. The Company does not accept that any obligations are to be implied from those expressed.
2.9 If any part of these conditions shall be terms found to be unreasonable, invalid, or unlawful under any statute or rule of law pertaining thereto, the Agreement.
1.5 The Purchaser may, by written notice given at Court or any time prior other competent tribunal shall have the power to despatch of strike or over-ride that part. whether it be an entire Condition or Conditions. or some part or parts thereof. to the Products or performance of the Services, amend or cancel the Order.
1.6 The Purchaser may return up to 5% (or the percentage stated in the G1) in value of the Products provided the Products are in re-saleable condition.
1.7 The Supplier shall give the Purchaser at least three months’ notice of any of the Products or Product ranges becoming Discontinued Stockextent that it be so found and no further, and the remainder of these Conditions shall pay for any point of sale information to assist the Purchaser to sell all Discontinued Stocknot be affected thereby. If the Supplier fails to give such notice, then, within 30 days of the date on which the Products became Discontinued Stock (which shall be the earlier of the date the Supplier is no longer selling the Product and the date on which an updated model, version or range of the Product is available for purchase in the market place), it will (a) at its cost collect from the Purchaser all remaining unsold Discontinued Stock and (b) credit the full original invoice value of the unsold Discontinued Stock to the Purchaser.Page1
Appears in 1 contract
Samples: Conditions of Supply
BASIS OF THE SALE. 1.1 During the Term, the Supplier 2.1 The Seller shall supply, sell and the Purchaser Buyer shall purchase, such quantities of Products as the Purchaser may order, in accordance with the Agreement. The Purchaser shall place its Orders by fax, phone or EDI. Orders for direct to site deliveries shall be placed through the Supplier’s nominated sales office.
1.2 The Order constitutes an offer by the Purchaser to purchase the Products in accordance with any written Quotation of the Agreement. Supplier which is accepted by the Buyer, or any written Order of the Buyer which is accepted by the Supplier, subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such Quotation is accepted or purported to be accepted, or any such Order is made or purported to be made, by the Buyer.
2.2 No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Buyer and the Seller.
2.3 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Products which is not confirmed in Writing by the Supplier is followed or acted upon entirely at the Buyer’s own risk, and accordingly the Supplier shall not be liable for any such advice or recommendation which is not so confirmed.
2.4 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
2.5 The Order shall only be deemed to be accepted on the earlier of (a) when the Supplier issuing a issues written acceptance of the Order at which point and on which date the Contract shall come into existence (Commencement Date).
2.6 Any samples, drawings, descriptive matter or (b) advertising issued by the Supplier doing and any act consistent with fulfilling [descriptions of the OrderGoods or] illustrations or descriptions of the Services contained in the Supplier’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Services and/or Goods described in them. The terms They shall not form part of this Agreement shall the Contract or have any contractual force.
2.7 These Conditions apply to the Contract to the exclusion of any other terms that the Supplier Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. The Supplier waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of the Supplier that is inconsistent with this Agreement.
1.3 Where the Supplier has previously supplied to the Purchaser goods similar to the Products, no change in specification shall be made without the Purchaser’s written consent.
1.4 Statements and representations made 2.8 Any quotation given by the Supplier shall not constitute an offer, and is only valid for a period of 5 Business Days from its employees or agents relating date of issue, unless otherwise stated in writing.
2.9 All of these Conditions shall apply to the Products or Services, prior supply of both Goods and Services except where application to any Order, shall be terms of the Agreement.
1.5 The Purchaser may, by written notice given at any time prior to despatch of the Products or performance of the Services, amend or cancel the Order.
1.6 The Purchaser may return up to 5% (one or the percentage stated in the G1) in value of the Products provided the Products are in re-saleable conditionother is specified.
1.7 The Supplier shall give the Purchaser at least three months’ notice of any of the Products or Product ranges becoming Discontinued Stock, and shall pay for any point of sale information to assist the Purchaser to sell all Discontinued Stock. If the Supplier fails to give such notice, then, within 30 days of the date on which the Products became Discontinued Stock (which shall be the earlier of the date the Supplier is no longer selling the Product and the date on which an updated model, version or range of the Product is available for purchase in the market place), it will (a) at its cost collect from the Purchaser all remaining unsold Discontinued Stock and (b) credit the full original invoice value of the unsold Discontinued Stock to the Purchaser.
Appears in 1 contract
Samples: Supply Agreement
BASIS OF THE SALE. 1.1 During the Term, the Supplier 2.1. The Seller shall supply, sell and the Purchaser Buyer shall purchase, such quantities of Products as purchase the Purchaser may order, Goods in accordance with any quotation (whether written or verbal) of the Agreement. The Purchaser shall place its Orders by fax, phone or EDI. Orders for direct to site deliveries shall be placed through the Supplier’s nominated sales office.
1.2 The Order constitutes an offer Seller which is accepted by the Purchaser to purchase the Products in accordance with the Agreement. The Order shall be deemed to be accepted on the earlier of (a) the Supplier issuing a Buyer, or any written acceptance order of the Order or (b) Buyer which is accepted by the Supplier doing any act consistent with fulfilling Seller, subject in either case to these Conditions which shall govern the Order. The terms of this Agreement shall apply Contract to the exclusion of any other terms that the Supplier seeks and conditions subject to impose or incorporatewhich any such quotation is accepted, or purported to be accepted, or any such order is made or purported to be made, by the Buyer.
2.2. No variations of these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and a director of the Seller.
2.3. The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by a director of the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are implied by tradenot so confirmed. Furthermore, custom, practice or course of dealing. The Supplier waives any right it might otherwise have the Buyer shall be deemed to rely on any term endorsed upon, delivered with or contained its own skill and judgement in any documents purchasing the Goods and it is not a condition of the Supplier sale nor does the Seller warrant that any vehicle, machine or tractor, plant or other equipment or any parts forming part of the Goods supplied by the Seller is inconsistent with this Agreementfit for any particular purpose or is of any particular quality and the sale is not subject to any implied conditions or warranty unless given in writing at the time of sale.
1.3 Where the Supplier has previously supplied to the Purchaser goods similar to the Products, no change in specification shall be made without the Purchaser’s written consent.
1.4 Statements and representations made 2.4. Any advice or recommendation given by the Supplier Seller or its employees or agents relating to the Products Buyer or Servicesits employees or agents as to the storage, prior to application or use of the Goods which is not confirmed in writing by the Seller is followed or acted upon entirely at the Buyer’s own risk and accordingly the Seller shall not be liable for any Ordersuch advice or recommendation which is not so confirmed in writing.
2.5. Any samples, drawings, descriptive matter or advertising issued by the Seller and any descriptions of the Goods or illustrations or descriptions of the services contained in the Seller's catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.
2.6. 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 Seller shall be terms subject to correction without any liability on the part of the AgreementSeller.
1.5 The Purchaser may, by written notice given at any time prior to despatch of the Products or performance of the Services, amend or cancel the Order.
1.6 The Purchaser may return up to 5% (or the percentage stated in the G1) in value of the Products provided the Products are in re-saleable condition.
1.7 The Supplier shall give the Purchaser at least three months’ notice of any of the Products or Product ranges becoming Discontinued Stock, and shall pay for any point of sale information to assist the Purchaser to sell all Discontinued Stock. If the Supplier fails to give such notice, then, within 30 days of the date on which the Products became Discontinued Stock (which shall be the earlier of the date the Supplier is no longer selling the Product and the date on which an updated model, version or range of the Product is available for purchase in the market place), it will (a) at its cost collect from the Purchaser all remaining unsold Discontinued Stock and (b) credit the full original invoice value of the unsold Discontinued Stock to the Purchaser.
Appears in 1 contract
Samples: Terms and Conditions of Business
