Terms & Conditions
ADVANCED THINKING SYSTEMS LTD
TERMS & CONDITIONS OF SALE
Please read this before proceeding to the quote form
- No variations from the Terms and Conditions herein contained, and no contrary stipulation by the Buyer, shall be valid and binding unless confirmed by us in writing.
- Order, after acceptance, may not be cancelled in whole or in part or varied in any manner whatsoever unless prior notice of such cancellation or variation shall have been given within a reasonable time after the initial order.
- Order shall be accepted for delivery as and when the required goods can be made available to us. We shall be entitled to execute orders in part from time to time, and payments for each part of an order so executed shall become due strictly thirty (30) days from date of invoice if they have an account.
- Unless a definite price has been expressly confirmed for the execution of an order, our list ruling at the date of delivery shall apply.
- Whilst we shall make every endeavour to deliver the goods promptly or within the time indicated by us, we shall not be liable for any loss of profit or any damages direct or indirect, consequential or otherwise, sustained by the Buyer as a result of non-delivery or late delivery due to any cause whatsoever.
- Not withstanding anything to the contrary herein contained, ownership in and to the goods hereby sold shall only pass to the Buyer upon full purchase price therefore having been paid.
- We shall not be required to deliver any goods to the Buyer so long as the Buyer is in arrears with any payments owing to us from any cause of debt in the event of the Buyer committing an act of insolvency, or being placed under provisional or final judicial management , liquidation or sequestration. We reserve the right to cancel any sale or order to stop further deliveries.
- All risk in and to the goods shall pass to the Buyer upon delivery thereof.
- The Buyer shall not be entitled to return any goods to us without our express consent. No claim in respect of shortages or damage to the goods sold shall be entertained unless made in writing and receive by us within seven(7) days from date of delivery of goods. No claim regarding quality shall be entertained by us unless made in writing and delivered to us within twenty-eight (28) days from day of delivery of the goods. In the event of material defects or shortages in the goods proved to our satisfaction, and upon being properly notified, we shall at our option:
- either exchange the goods for similar goods; or
- take back such goods and credit the purchaser's account.
- No further claim of whatsoever nature shall be entertained and in particular we shall not be liable for any damages or any direct or consequential loss of any nature.
- Unless contrary terms for payment have been provided herein, the Buyer shall effect payment for the goods within thirty (30) days from date of invoice unless otherwise agreed to in writing. In the event of the Buyer failing to effect payment of the purchase price within seven (7) days from date of demand, we shall be entitled, at our option, and not withstanding any indulgence or relaxation granted to the Buyer, to cancel this agreement of sale and repossess the goods or the balance thereof. We shall be entitled to resell such goods either by auction or by private treaty, and the Buyer shall be passed a credit for all amounts received in excess of the expenses of recovery and resale, and shall be liable for any shortfall.
- These Terms and Conditions apply to all contracts for the sale of goods entered into by us, whether or not such sales are pursuant to orders by telephone, or by fax, or by any other form of electronic or mechanical transmission, or by orders placed with our agents or representatives on our behalf, and supercedes any Terms and Conditions of sale laid down by the Buyer. Any and all alterations or amendments to these terms and conditions of sale shall be in writing and signed by both parties.
- The Buyer hereby chooses DOMICILLIUM CITANDI ET EXECUTANDI for all purposes arising out of this contract.
- In the event of the Buyer failing to make payment of any amount due by it on the due date, IT SHALL BE LIABLE TO PAY INTEREST AT 2% PER MONTH * ON THE OUTSTANDING AMOUNT UNTIL PAYMENT IS RECEIVED AND ALL LEGAL COSTS INCURRED BY US IN THE RECOVERY OF SUCH DEBT on the Attorney and Own Client Scale, together with collection charges according to the prescribed tariff.
* Natwest Bank Base Rate
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