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Terms
TERMS & CONDITIONS OF SALE
1.GENERAL
All orders are accepted and goods supplied
subject to the following express terms and
conditions and all other conditions,
warranties and representations, express or
implied and statutory or otherwise, except
as to title, are hereby excluded. No
addition there from shall apply unless
agreed in writing by the parties.
2.ORDERS
The company reserves the right (without
prejudice to any other remedy) to cancel any
uncompleted order or to suspend delivery in
the event of any of the Customer's
commitments with the Company not being met.
If an order is cancelled by the Company in
the aforementioned circumstances, or is
cancelled by a customer then the customer
shall indemnify the Company against all
loss, costs (including the cost of all
labour and materials used and overheads
incurred), damages, charges and expenses
arising out of the order and the
cancellation thereof, (the Company giving
credit for the value of such materials sold
or utilised for other purposes).
3.EXTRA COST
In the event of any suspension of supply
through the customers instructions or lack
of instructions the price(s) given on the
invoice shall be increases to cover any
extra expense thereby incurred by the
company.
4.DISPATCH DATES
Any times quoted for dispatch are to be
treated as estimates only. Whilst every
endeavour will be made to meet these
estimated times for dispatch, the Company
shall not be liable in any manner whatsoever
for failure to dispatch within the time
quoted.
5.CARRIAGE DELIVERY RISK AND TITLE
(a) Unless otherwise specified the price(s)
given exclude delivery to any point within
the United Kingdom or the rest of the world.
(b) The risk of loss and/or damage to goods
supplied by the Company shall pass to the
Customer when they are delivered to the
Customer or other person to whom the Company
has been authorised by the customer to
deliver the goods whether expressly or by
implication by the carrier at the
destination specified by the customer or
otherwise and the company shall not be
liable for the safety of the goods
thereafter (and accordingly the customer
should insure the goods thereafter against
such risks as may be commercially prudent).
(c) Any damage to goods or the container
that the goods are contained within in
transit should be notified to carrier
immediately and the company within 24 hours
of receipt, packing and contents to be held
for inspection. If the goods are not
received by the customer within four days of
the date of the invoice, the carrier and the
company should at once be informed.
(d) Notwithstanding the provisions of
paragraph (b) above, the ownership of the
goods shall remain with the company, (which
reserves the right to dispose of them) until
payment in full for all goods and materials
under this contract and all previous
contracts between the Customer and the
Company has been received by it in
accordance with the relevant terms.
(1) If payment is overdue in whole or in
part or,
(2) Immediately upon the commencement of any
act or proceeding in which the customers
solvency is involved or,
(3) Should any cheque fail to clear the
Company's bank when presented, the Company
may (without prejudice to any of its other
rights) recover or sell the goods or any of
them and may enter upon the customers
premises by its servants or agents for that
purpose. If the goods are incorporated in or
used as materials for other goods before
such payment, the ownership in the whole of
such other goods shall be and remain with
the company until such payment has been made
or the Company's rights hereunder in the
matter shall extend to those other goods.
6.PAYMENT
SALES TO THE UNITED KINGDOM
(a) ACCOUNT HOLDERS ONLY Unless otherwise
quoted, terms are strictly 7 Days From
Invoice Date. Should any payment for goods
not be made as and when due, the company
shall be entitled (without prejudice to any
other right or remedy) either to suspend all
further deliveries until such payments are
made or to cancel any balance of the order.
(b) If terms of payment are not complied
with the Company shall have the right to
charge interest at 5% per month or £25 per
month, whichever is the greater. If the
buyer shall fail to pay any amount when it
is due under this or any other contract with
the company, then the Company shall have the
right to treat the purchase price that is
unpaid on all goods invoiced or dispatched
by the Company as having become forthwith
due and payable and in substitution for the
provision contained sub-clause (a) of this
condition.
(c) If no account is held with the Company
all invoices shall be payable on completion
and may require a deposit before acceptance
of order.
(d) The company reserves the right to add
all legal fees to the balance of the invoice
and to withhold all warranties whether
expresses or implied until payment of the
invoice is received in full.
(e) The continuance in the use of software
supplied by the company against an invoice,
which is overdue in any way, shall deem that
the software is being used illegally. This
will be reported to the relevant author.
SALES TO THE REST OF THE WORLD
(a) If no account is held with the Company
all invoices shall be payable on completion
but prior to dispatch and may require a
deposit before acceptance of order.
(b) The company reserves the right to add
all legal fees to the balance of the invoice
and to withhold all warranties whether
expresses or implied until payment of the
invoice is received in full.
(c) The continuance in the use of software
supplied by the company against an invoice,
which is not paid in full, shall deem that
the software is being used illegally. This
will be reported to the relevant author.
7.PRODUCT WARRANTIES
In the case of manufacturing defects in
products or any parts thereof supplied but
not manufactured by the company, the
Customer shall not be entitled to receive
any greater benefit hereunder than shall be
received by the Company under any guarantee
or warranty given to the Company by the
manufacturers or suppliers thereof. All wear
& tear is specifically excluded from
warranty.
8.CONTINGENCIES
The company shall not be responsible for non
performances in whole or in part of its
obligations nor under any liability to the
customer in respect thereof if such
non-performance is due to acts of God, War,
Insurrection, Government Regulations,
Embargoes, Strikes, Labour Disputes,
Illness, Flood, Fire, Tempest or any other
cause beyond the control of the company.
9.TERMINATION BY GOVERNMENT
Notwithstanding the provisions of condition
8 if goods are to be used in the performance
of a Government Contract or sub-contract,
and the Government terminates such contract
in whole or in part, the order placed on the
Company in respect thereof may be cancelled
in the same proportion, and the liability of
the customer for termination allowance shall
be determined by the then applicable
regulations of the Government pertaining to
termination of contracts.
10.CONSEQUENTIAL LOSS AND DAMAGE
Save as herein expressly provided the
company shall not be liable for any loss or
damage of whatsoever nature or to whomsoever
caused arising out of the use of goods
supplied by it. The customer shall indemnify
the Company against all claims made against
the Company by any third party in respect
thereof.
11.FINANCIAL CONDITION
If, in the Companies judgement, the
customer's financial condition does not
justify the terms of payment specified, the
Company may cancel unfulfilled orders unless
the customer shall, upon written notice,
immediately pay for any goods delivered or
shall pay in advance for all goods ordered
but not delivered or both at the company's
option.
12.ASSIGNS
The contract to which this contract relates
shall be binding upon and insure to the
benefit of the successors and assigns of the
entire business and goodwill of either the
Company or the Customer or of that part of
the Business of either used in the
performance of such contract, shall not be
otherwise assignable.
13.LEGAL CONSTRUCTION
These conditions and the contract to which
this document relates shall in all respect
be constructed and operate in accordance
with English Law.
14.CANCELLATIONS
Credit will not be issued on any goods
without prior authorisation. Goods will be
refused without a clearly visible returns
number on the box.
15.PRICES
Whilst every endeavour has been made to
ensure the accuracy of the prices quoted, no
responsibility can be accepted for any
errors or omissions. Prices are subject to
alteration without notice.
Long Range Systems UK Ltd
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