Terms and Conditions
ADVERC BM LTD - CONDITIONS OF SALE.
Prices are those ruling at date of despatch or by prior agreement.
These are nett 30 days from delivery of goods, unless otherwise agreed.
The Company reserves the right to suspend delivery of any order if the Customer account is overdrawn for payment.
With equipment and parts manufactured expressly for Adverc BM Ltd, the company guarantees its product, in normal use, to be free of defects in materials and workmanship for a period of one or two years, depending on the equipment (details avaliable on request) or unless otherwise stated.
In respect of other equipment, the Warranty as set out in the Manufactures´appropriate Warranty shall operate in place of all other warranties conditions or liabilities expressed or implied by law of which are hereby expressly excluded; the company will at the request of the Customers use its reasonable endeavours to give the Customer the benefit of any such Warranty; the Customer agrees to be responsible for ensuring that the goods are suitable for the purpose he or his Customer has or is likely to have in mind. Goods under Warranty claim are tested on Manufacturer equipment and to their specification where applicable.
In all cases, no Warranty shall apply when goods are returned in poor damaged condition, have been tampered with, or where seals are broken, where the are old or obsolete, or have been subjet to excessive wear or misuse.
Authorisation must be given prior to the return of defective equipment claims.
Consequntial Damage / Losses:
(i) The Company shall not in any way be liable or responsible for consequential loss or damages claims or liabilities of any kind, whatsoever, and howsoever arising, in respect of products supplied by the Company and
(ii) As a separate and distinct obligation, the customer agrees that if, despite the provision in sub-section (i) of this clause, any claim of the customer is for a sum in excess of the invoice value ir replacement value of the particular goods in questions, then nevertheless that claim shall in no circumstances ever exceed the original invoice value of those goods.
The Purchaser undertakes to bring the relevant terms and conditions of this Contract to the notice of all persons to whom the goods or any of them are sold, ordered for sale, let, hired or otherwise disposed of and undertakes to ensure that the Contract or other arrangement between the Purchaser and other such persons requires such other persons to comply with the said stipulators and also contains a provision in like terms mutatis to those contained in this cluase.
Passing of Title:
Propierty in the goods shall not pass until the Customer has paid to the Company all sums owed under this or any other contract. The goods shal be at the risk of the Customer on delivery.
Without prejudice to any other rights the Company may have, the Company may recover the goods and the customer agrees that the company´s agents or employees may enter on the Customer´s premises and remove the goods at any time, if any of the events described in the caluse headed `Terminatioin´ occur and property in the goods does not pass to the Customer.
Until property in the goods has passed to the Customer, the Customer:-
(a) Shall not pledge the goods or their documents of title or allow any lien to arise on them;
(b) Shall store the goods on its premises separately from its own goods and those of any person and in a manner which makes them readily identifiable as goods of the company;
(c) Shall not deal with or dispose of the goods od their documents of title or any interest in them.
If payment of any sum overdue, the Company shall have the right to commence preceedings against the Customer for the price, notwithstading the property in the goods has not yet passed to the customer.
Without prejudice to any others rights its may have, the Company may, by notice to the Customer, terminate any contract between the Customer and the Company forthwith and/or immediately recover from the Customer all sums due from ir under any contract with the company, notwithstanding any period of credit which may have been allowed together with any accrued interest and other legitimate charges and any loss caused to the Company as a result of any termination if:-
(a) Any payment due by the customer to the Company is overdue in whole or in part; or
(b) A resolution is passed and a court order made resolving or ordering the Customer to be placed into liquidation or ordering that an administrator be appointed as to all or any of its assets; or
(c) A receiver or administrator is appointed over all or any of its assets; or
(d) The Customer (being an individual) has a petition in bankruptcy entered against him; or
(e) The Customer ceases or threatens to cease to carry on trading.
This Contract shall in all respect be construed and operate as an English Contract and in conformity with English Law and the parties submit to the jurisdisction of the Court of England and Wales.