TERMS AND CONDITIONS OF SALE OFFICEMAKER (GUERNSEY) LIMITED (THE ‘COMPANY’)
1. PRECEDENCE: All goods and/or services are supplied to the person (‘Intending Purchaser’) who accepts a quotation and/or services of the Company for the sale of goods or whose order for goods and/or services has been accepted by the Company on the following terms, which shall have precedence over any conditions appearing on an order form or any other document emanating from an Intending Purchaser, and such Intending Purchaser’s conditions shall have no effect whatever unless expressly accepted in writing by a director of the Company
2. MODIFICATION OF CONDITIONS: No person in the employment or acting otherwise as agent of the Company or purporting so to do, with the exception of directors of the Company, have authority to accept orders, supply goods and/or services on any other conditions or to vary these terms in any way whatsoever. Previous dealings between the Company and any Intending Purchaser shall not vary or replace these terms or be deemed in any circumstances whatsoever so to do. Acceptance of goods and/or services from the Company shall be conclusive evidence before any Court that these terms apply.
3. INTENDING PURCHASER’S SOLVENCY: The Intending Purchaser acknowledges that before entering into an agreement for the purchase of any goods and/or services from the Company he has expressly represented and warranted that he is not insolvent and has not committed any act of bankruptcy, or being a company with limited or unlimited liability knows of no circumstances which would entitle any debenture holder or secured creditor to appoint a receiver to petition for winding-up of the company or exercise any other rights over or against the company’s assets.
(a) The Company may invoice the goods when they are despatched or when the services are rendered. Invoices shall become due for payment 30 days after the date of invoice without reduction or determent on account of disputes or cross claims. If the invoice is not paid within 30 days after the date of the invoice, the Company may require the Purchaser to furnish written reasons for the non-payment and will require verbal reasons why in any event.
(b) All prices are deemed to be agreed and the actual price to be paid by the Purchaser shall be the price ruling at date of order.
(c) The time of payment of the contract price shall be of the essence.
5. A charge may be made for small orders to cover the cost of postage and packing.
6. QUALITY AND PURPOSE: Goods and/or services are warranted to accord with the specification agreed with the Intending Purchaser in writing or, if there is no such specification, to be within normal limits of industrial quality. In particular no warranty is given as to the accuracy and completeness of all copies, prints, plans or photographs supplied and the Purchaser must verify that all such materials accords to his requirements and save insofar as such warranty cannot by law be validly excluded no warranty is given that any commercial domestic or other information, extracts or copies taken at the request of the Purchaser is accurate or complete or that it has been accurately reproduced by the Company to the Intending Purchaser and all such information, extracts and copies are supplied without responsibility for loss or damage whatsoever and howsoever caused.
7. No other warranty, condition, description or representation on the part of the Company is given or implied by these terms, nor is any warranty, condition, description or representation to taken to be given or implied by anything said or written in the negotiations between the Company and the Intending Purchaser prior to any agreement and any statutory or other warranty, condition or description express or implied as to the state, quality or fitness of goods and/or services (excepting only such warranty, condition or description which by operation of law cannot be validly excluded) is hereby expressly excluded.
8. Any recommendation or suggestion in relation to the goods and/or services supplied by the Company is given in good faith, but it is for the Intending Purchaser to exercise his own skill and judgement to satisfy himself of the suitability of the goods and/or services for his own particular purchase and he shall be deemed so to have done. Accordingly save in the case of sale or supply to a consumer within the meaning prescribed by the Unfair Contracts Terms Act 1977 the Company gives no warranty as to the fitness of the goods and/or services for any particular purpose for which the goods and/or services are being purchased (whether or not the Intending Purchaser has made such purpose known to the Company), and any implied warranty or condition (statutory or otherwise) is expressly excluded.
9. SPECIAL REQUIREMENTS: Those goods which are specially required and are not standard stock items cannot be returned unless damaged in transit or, it can be shown that an error has been made by a company employee.
10. NOTICE OF DEFECTS OR NON-DELIVERY:
(a) Any claim, whether on account of weights, quality or loss of, or damage in transit to, the goods or otherwise in relation to the goods or any claim whether on account of workmanship, accuracy adequacy or otherwise in relation to the service, must be notified to the Company as follows:-
(i) In the case of non-delivery of a whole consignment of goods, within 1 clear day of receipt of the Company’s invoice or despatch note, whichever shall first occur.
(ii) In any other case involving the supply of goods by the Intending Purchaser or his agent noting on the delivery receipt particulars of the loss, damage or defect and by giving notice thereof to the Company within 1 clear day of delivery.
(iii) In any case involving the supply of services within 14 days of the completion of the service rendered.
(b) No claim will be entertained by the Company outside the time limits specified unless in the circumstances this is fair and reasonable.
(c) In any event the liability of the Company shall be limited to repairing or replacing the goods or renewing or completing the services or crediting their value.
11. DELIVERY/COMPLETION: The date for the delivery of goods or rendering of services shall be the subject of agreement between the Company and the Intending Purchaser, but if a delivery date or date of completion is agreed in writing or otherwise given by the Company, the same shall be taken as an estimate made by the Company in good faith and shall not be a condition of any contract. At any time after an agreed delivery date or date for completion of services the Intending Purchaser may by notice in writing to the Company require delivery or completion as the case may be by not less than 14 days after the notice would in the ordinary course of the post be received by the Company and if delivery or completion is not effected by that date the Intending Purchaser may by further notice in writing to the Company determine the contract. However, in no circumstances shall the Company be liable to the Intending Purchaser or otherwise howsoever for any loss or damage sustained directly or indirectly in consequence of failure to deliver or complete by such date or otherwise of any delay in delivery or completion.
12. Upon delivery the Company will provide a delivery note detailing, inter alia,
(i) The stationery order number.
(ii) The description of the goods delivered.
(iii) The quantity delivered.
(iv) The back order quantity (where applicable).
(v) The Intending Purchaser’s name.
(vi) The delivery location.13. Failure by the Company to make one delivery of goods the subject of any contract, whether such goods are to be consigned by a single delivery or by installment shall not have the effect of avoiding any other contract between the Company and the Intending Purchaser.
14. FORCE MAJEURE If the manufacture, transport or delivery of the goods or rendering of services be prevented, interrupted or delayed by circumstances beyond the Company’s control including, but not limited to, war, civil war, shipwreck or other accident at sea in the air or in land, fire, flood, Government order or control of any form, strikes, lock-outs, reductions in or unavailability of power supply, breakdown of plant or machinery or shortage of unavailability of raw materials from normal sources, or any event for which a third party is responsible, the Company shall have the right to cancel or delay delivery or reduce the amount delivered or cancel the supply of the service or qualify the service to be supplied in such manner as it may reasonably think fit.
15. CURRENCY FLUCTUATIONS In the event of the Company being required due to currency exchange rate fluctuations, or to any other circumstances beyond the Company’s control, occurring prior to the delivery of the goods or rendering of services, to pay an increased or decreased amount in order to obtain the goods or services, the amount of such increase or decrease shall be for the account of the Intending Purchaser only insofar as such increase and decrease exceeds such percentage of the contract price as is agreed between the Company and the Intending Purchaser.
16. RISK: Goods the subject of any agreement by the Company to sell shall be at the risk of the Intending Purchaser as soon as they are delivered by the Company to his vehicles or his premises or otherwise to his order or, if the goods are to be collected by the Intending Purchaser, upon receipt by him of notice given by the Company that the goods are available for collection, whichever shall be earlier.
17. PROPERTY AND MATERIAL BELONG TO INTENDING PURCHASER:
(a) Property belonging to the Intending Purchaser and all property supplied to the Company by or on behalf of the Intending Purchaser shall while it is in the possession of the Company or in transit to the Company from the Intending Purchaser be deemed to be at the Intending Purchaser’s risk unless otherwise agreed in writing and the Intending Purchaser should insure accordingly.
(b) The Company shall be entitled to make a reasonable charge for the storage of any property of the Intending Purchaser left with the Company before receipt of the order or after notification to the Intending Purchaser of completion of the work.
(a) The Company may reject any paper or other materials supplied or specified by the Intending Purchaser which appears to the Company to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by the Company in ascertaining the unsuitability of the materials then that amount shall not be charged to the Intending Purchaser.
(b) Where materials are so supplied or specified, the Company will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
(c) Quantities of materials supplied to the Company shall be adequate to cover normal spoilage.
19. ILLEGAL MATTER
(a) The Company shall not be required to copy any matter which in the opinion of the Company is or may be of an illegal or libelous nature or an infringement of the proprietary or other rights of any third party.
(b) The Company shall be indemnified by the Intending Purchaser in respect of any claims, costs and expenses arising out of any libelous matter or any infringement of copyright, patent, design or of any other proprietary or other rights is contained in any material copied or supplied for the Intending Purchaser. The indemnity shall extend to any amounts paid on a lawyer’s advice in respect of any claim and the reasonable costs charges and expenses of that lawyer including Counsel’s fees incurred by the Company.
20. CANCELLATION OF ORDERS Although under no obligation to do so the Company may agree:-
(a) To accept the cancellation of an order for goods and may accept the return of goods delivered to the Intending Purchaser pursuant to that order in unused re-saleable as new condition within 7 days of the cancellation whereupon the Intending Purchaser will be credited with the full price of the goods after the deduction of a reasonable handling charge.
(b) To accept the cancellation of an order for services or for goods to be manufactured or constructed to the Intending Purchaser’s specifications in which event the Intending Purchaser will be liable to a charge in respect of the work done and materials obtained in connection therewith together with a reasonable handling charge.
21. WAIVER: The failure of the Company to enforce at any time or any period time any of the terms herein contained shall not operate as a waiver of such terms or of any rights contained herein, nor shall the Company be thereafter prevented from enforcing each and every term hereof.
22. GOVERNING LAW: The contract between the parties shall be deemed to be a contract made in England and the contract, these terms and all other matters arising from said contract, shall be construed in accordance with and governed by the Law of England. The parties accept the jurisdiction of the English Courts.
23. SEVERABILITY: If any provision of these terms and conditions of trading is held by any Court or other competent authority to be void or unenforceable in whole or part, these terms and conditions shall continue to be valid as to the other provisions thereof and the remainder of the effected provision.
24. RETURNS POLICY:
1) All returns must be authorised by OFFICEMAKER (GUERNSEY) LIMITED. Call for return authorisation number before shipping back any Products. Any products returned without a return authorisation will be refused.
2) Returns for any product permitted within 10 days from the date of delivery will be accepted only if all conditions a, b, c & d (see below) are met. All returns that are not returned within 7 days from the date of ordering will be subject to a 15% restocking fee, unless specified differently. No returns will be returnable after 21 days.Sale or Return items will be subject to an immediate handling charge of 20%. Opened software, batteries, memory, extended warranties and electrical goods, food and drink, janitorial supplies or dated products whatsoever unless faulty are not returnable. Shipping and handling charges are not refundable. We are not responsible for any shipping charges of products being returned to us. Some products, if found defective upon you're receiving them, cannot be returned for exchange. Rather it must be returned to the respective manufacturer.
a) All returns must include original factory box, original factory packaging (foam plastic wrappings, etc.) blank unfilled warranty cards, all instruction booklets and paperwork. Do not deface original factory cartons or packaging in any manner. We will not accept a return if packaging is not in its original condition.
b) All returned products must be in its original mint and clean condition. Returns damaged or scratched will not be accepted.
c) All returns must include all the factory accessories, which come with the item. For example a camcorder must be returned with its original battery, charger, cords, straps etc. no returns will be accepted if any of these packed accessories are missing.
d) All returns must be authorised by OFFICEMAKER (GUERNSEY) LIMITED call for returns number and instructions prior to shipping any goods back. With your return, enclose the original delivery note or a copy of it then write a brief explanation of why the merchandise is being returned. Include the return authorisation number on the outside of the shipping box please not the manufactures box3) Your invoice is good for all manufacturers' warranties.
4) Your invoice will be necessary for any future warranty or insurance claims you may need to make. Please keep it in a safe place. We cannot issue duplicate invoices after 2 months
5) Repairs on defective merchandise are handled by the manufacturer and not by OFFICEMAKER (GUERNSEY) LIMITED, unless otherwise indicated on this invoice.
6) If any item arrives damaged due to shipping, keep all shipping cartons and call OFFICEMAKER (GUERNSEY) LIMITED Customer Service Immediately.