ORDERS AND SPECIFICATIONS. 3.1 The Goods are described in the Buyer’s Order overleaf. 3.2 EQUISPORT HORSEBOXES LTD reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements. 3.3 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing by the Seller’s authorised representative signing the order form. 3.4 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms. 3.5 The quantity, quality and description of the Goods and any specification for them shall be as set out in the Seller' s quotation (if accepted by the Buyer) or the Buyer' s order (if accepted by the Seller). 3.6 If the Goods are to be manufactured or any process is to be applied to the Buyer shall indemnify the Seller against all loss, damage, costs and expenses awarded against or incurred by the Seller in connection with, or paid or agreed to be paid by the Seller in settlement of, any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results in the Seller’s use of the Buyer’s specification. 3.7 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or E.U. requirements or, where the Goods are to be supplied to the Seller' s specification, which do not materially affect their quality or performance. 3.8 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller 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 Seller as a result of cancellation.
Appears in 2 contracts
Samples: Terms and Conditions of Sale, Terms and Conditions of Sale
ORDERS AND SPECIFICATIONS. 3.1 The Goods are described in the Buyer’s Order overleaf.
3.2 EQUISPORT HORSEBOXES LTD reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements.
3.3 No order submitted 2.1 All orders by the Buyer shall be deemed to be purchase based on the Seller’s quotation and specifications are subject to the final acceptance by the Seller and all terms herein are incorporated.
2.2 When no particular technical specifications are given by the Buyer and the order is accepted by the Seller unless and until confirmed in writing by Seller, the Seller’s authorised representative signing specifications of the order form.
3.4 The Buyer products sold shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
3.5 The quantity, quality and description of the Goods and any specification for them shall be as those set out in the Seller' s quotation (if accepted by the Buyer) or the Buyer' s order (if accepted by the Seller)’s quotation.
3.6 2.3 If the Goods products are to be manufactured or any process is to be applied to the products by the Seller in accordance with the Buyer’s specifications, the Buyer shall indemnify the Seller against all loss, damagedamages, costs and expenses awarded against or incurred by the Seller in connection with, with or paid or agreed to be paid by the Seller in settlement of, any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results in from the Seller’s use of the Buyer’s specificationspecifications.
3.7 The 2.4 Any claim by the Buyer regarding the conformity of products supplied, according to the Buyer’s specifications shall, in order to be admitted and to allow the application of the following provisions, be carried out in accordance with the instructions given by the Seller contained in documents accompanying the products supplied or within 30 days after the delivery date (whichever is the earlier).
2.5 If the Buyer estimates, after testing the products delivered, that a batch of products delivered is not totally or partially in conformity with technical specifications as defined in Clause 2.2, he shall inform the Seller by facsimile not later than 30 days after the delivery date. After such 30 days period is expired, all products shall be deemed accepted; except with the agreement of the Seller, the Buyer shall not return the whole or partial batch of non-accepted products.
2.6 Notwithstanding any past dealings of any nature whatsoever between the Seller and the Buyer, the Seller does not at any time bind itself to deliver products of any particular specification unless the Buyer has at the time of placing an order, stated precisely what specifications are required of the products, and the Seller has subsequently confirmed in writing that it will supply products with such specifications. In the absence of such confirmation, the Seller binds itself only to deliver products in accordance with the general description under which they were agreed to be sold.
2.7 Notwithstanding any past dealings of any nature whatsoever between the Seller and the Buyer, the Seller reserves the right to alter, change, modify or in any way vary the specifications of any products at any time, so as to conform materially with the description of the products set out in an order, without giving the Buyer any prior notice of the same.
2.8 No warranty, representation or conditional description, as to the state, quality, suitability or fitness of any products is given by the Seller nor is any warranty, representation or conditional description given or be implied by anything said or written in any negotiations between the Seller and the Buyer or their respective representatives, whether from any past dealings between the Seller and the Buyer or otherwise, and any statutory or other warranty, condition, representation or description express or implied as to the state, quality, suitability or fitness of the products is hereby excluded. The Seller binds itself only to deliver products in accordance with the general description under which they were agreed to be sold.
2.9 The Seller may from time to time make any changes in the specification specifications of the Goods products, which are required to conform comply with any applicable safety or statutory requirements, or E.U. requirements or, where the Goods are to be supplied to the Seller' s specification, which so long as such changes do not materially affect their the quality or performance.
3.8 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing fitness for purpose of the Seller and on terms that the Buyer shall indemnify the Seller 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 Seller as a result of cancellationproducts.
Appears in 2 contracts
Samples: Terms of Sale, Terms of Sale
ORDERS AND SPECIFICATIONS. 3.1 The Goods are described in the Buyer’s Order overleaf.
3.2 EQUISPORT HORSEBOXES LTD reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements.
3.3 4.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing by the Seller’s authorised representative signing the order formrepresentative.
3.4 4.2 The Buyer specification for the Goods shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
3.5 The quantity, quality and description of the Goods and any specification for them shall be as that set out in the Seller' s quotation (if accepted by ’s sales documentation unless varied expressly in the Buyer) or the Buyer' s ’s order (if such variation(s) is/are accepted by the Seller).
3.6 If . The Goods will only be supplied in the Goods are to be manufactured or any process is to be applied to the Buyer shall indemnify the Seller against all loss, damage, costs and expenses awarded against or incurred by the Seller in connection with, or paid or agreed to be paid by the Seller in settlement of, any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results minimum units thereof stated in the Seller’s use price list or in multiples of the Buyer’s specificationthose units. Orders received for quantities other than these will be adjusted accordingly.
3.7 4.3 Illustrations, photographs or descriptions whether in catalogues, brochures, price lists or other documents issued by the Seller are intended as a guide only and shall not be binding on the Seller.
4.4 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory or E.U. regulatory requirements or, where the Goods are to be supplied to the Seller' s Buyer’s specification, which do not materially affect their quality or performance.
3.8 4.5 No order which has been accepted by the Seller may be cancelled by the Buyer except with any factor beyond the agreement in Writing control of the Seller (including, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which are requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
5.3 Except as otherwise stated under the terms of any quotation of the Seller, and on terms that unless otherwise agreed in writing between the Buyer and the Seller, all prices are exclusive of the Seller’s charges for packaging and transport.
5.4 The price is exclusive of any applicable value added tax, excise, sales taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the Goods, which the Buyer shall indemnify be additionally liable to pay to the Seller 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 Seller as a result of cancellationSeller.
Appears in 1 contract
Samples: Sales Contracts
ORDERS AND SPECIFICATIONS. 3.1 The Goods are described in the Buyer’s No Order overleaf.
3.2 EQUISPORT HORSEBOXES LTD reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements.
3.3 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing by the Seller’s authorised representative signing representative. In the case of products ordered through the Website, the Buyer’s order formis an offer to buy from the Seller. There will be no contract of any kind between the Buyer and the Seller for orders through the Website until the Seller actually dispatches the Goods to the Buyer. At any point up until then, the Seller may decline to supply the goods to the Buyer without giving any reason. At the moment that the Goods are dispatched, a contract will be made between the Buyer and the Seller.
3.4 3.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order Order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
3.5 3.3 The quantity, quality and description of the Goods and any specification for them shall be as set out in the Seller' s quotation (if accepted by the Buyer) or the Buyer' s order ’s Order (if accepted by the Seller).
3.4 Any minimum order quantities per line item shall be specified by the Seller at the time of the Order.
3.5 The Seller reserves the right to impose minimum order quantities per line item or minimum order values per order.
3.6 If the Goods are to be manufactured manufactured, supplied or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damagedamages, costs and expenses awarded against or incurred by the Seller in connection with, or paid or agreed to be paid by the Seller in settlement of, any claim for infringement of any patent, copyright, design, trade mark trademark or other industrial or intellectual property rights of any other person which results in from the Seller’s use of the Buyer’s specification.
3.7 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or E.U. EU requirements or, where the Goods are to be supplied to the Seller' s specification, which do not materially affect their quality or performance.
3.8 No order Order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller 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 Seller as a result of cancellation. Save that if the Buyer is a consumer (i.e. not a business, sole trader, partnership, company or other incorporated or unincorporated organisation) then the remainder of this clause 3.8 will apply and the Buyer may cancel or change any of his/her current orders prior to dispatch by contacting the Seller at info@anglia‐xxxx.xxx. If the Buyer is a consumer then the Buyer may cancel the contract for its purchase of the Goods by contacting the Seller at info@anglia‐xxxx.xxx within seven working days of delivery of the Goods. If the Buyer is a consumer then the Buyer should keep all the original packaging and return the Goods to the Seller in secure packaging to Anglia Components Limited, Xxxxxxx Road, Wisbech, Cambs PE13 2PS. The Buyer will be responsible for the cost of returning the Goods to the Seller unless the Seller has delivered the item to the Buyer in error. The Goods should be returned to the Seller in their original condition. If the Seller does not receive the Goods back then the Seller may arrange for collection of the Goods at the Buyer’s cost. When the Seller receives notice of cancellation of the Buyer’s contract for the Goods and receives the Goods, the Seller will refund the price paid by the Buyer for the Goods subject to the Buyer being a consumer. The Seller will not refund the delivery charge for sending the Goods to the Buyer unless the Buyer is returning an entire order. The Buyer (being a consumer) must contact info@anglia‐xxxx.xxx to obtain a returns authorisation number which needs to be shown visibly on the return packaging and the Buyer must return the Goods in their original condition with all original packaging and documentation to obtain a full refund. Any items that have been specifically ordered in for the Buyer or that have been modified or adapted for the Buyer or are manufactured for the Buyer as a special order item cannot be cancelled or returned by the Buyer.
Appears in 1 contract
Samples: Terms of Use