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1. Interpretation
In these Terms and Conditions (Terms), the following words and phrases shall
have the following meanings:
- “the Buyer” means the person, firm or company who purchases the Goods
from the Company;
- “the Company” means South East Security;
- “Contract” means the contract between the Company and the Buyer which
shall be deemed to incorporate these Terms;
- “Goods” means any goods agreed in the Contract to be supplied by the
Company to the Buyer;
- “Place of Delivery” means the place to which the Goods are to be
delivered.
In these Terms, reference to any statute or statutory provision shall be
construed as a reference to such statute or statutory provision as amended,
modified, re-enacted or replaced from time-to-time.
2. The Contract
The Contract shall be on these Terms to the exclusion of all other terms and
conditions, including any such terms and conditions that are purported to be
included or applied by the Buyer.
No terms and conditions contained in the confirmation of order, purchase order
or other document of the Buyer will form part of the Contract.
3. Delivery
Unless otherwise agreed in writing, the Place of Delivery shall be the Buyer’s
premises.
Any dates specified by the Company for delivery of the Goods are intended to be
an estimate only. If no date is specified for delivery of the Goods, delivery
shall be within a reasonable time.
Subject to the other provisions of these Terms, the Company shall not be liable
for any loss, whether direct or consequential, economic or loss of profits or
otherwise, arising directly or indirectly out of any delay in the delivery of
the Goods nor will any delay entitle the Buyer to terminate or rescind the
Contract unless the delay exceeds 60 days.
4. Risk in and Ownership of the Goods
Risk in the Goods shall pass to the Buyer on delivery.
Ownership in the Goods shall not pass to the Buyer until the Company has
received in full in cleared funds all sums due to the Company in respect of the
Goods and all other sums which are or may become due to the Company from the
Buyer on any account.
Until ownership of the Goods has passed to the Buyer, the Buyer shall:
- hold the Goods on a fiduciary basis as the Company’s bailee;
- store the Goods separately from all other goods of the Buyer or any
third party in such a way that they remain identifiable as the Company’s
property;
- not destroy or deface any identifying mark on the Goods or their
packaging;
- maintain the Goods in satisfactory condition insured with the Company’s
interest noted on the policy and hold any proceeds of such insurance on
trust for the Company and not mix them with any other money.
5. Price
The price for the Goods shall, unless otherwise agreed, be the price set out on
the Company’s website price list. The price for the Goods shall be exclusive of
all costs of carriage and insurance and applicable VAT which the Buyer shall pay
in addition unless the Company states otherwise.
6. Payment
Subject to paragraph 5, payment of the price of the Goods shall be due within 3
days from the date of the Buyer's Purchase of the Goods.
Payment shall not be deemed to have taken place until the receipt by the Company
of notification of cleared funds.
7. Returns
The Company warrants that the Goods are of satisfactory quality.
If the Buyer wishes to make a return, the Buyer must return the Goods within 7
days of Delivery of the Goods in the original condition with labels etc. still
attached and in unused/unworn condition. The full Price of the Goods will be
refunded if these criteria are met.
The Company shall not be liable for the refund of any Postal Charges as they are
used in the first instance to despatch goods.
The Company shall not be liable for any breach of warranty if the Buyer makes
any alters the Goods in any way whatsoever.
The Company’s liability under the warranty shall be limited to replacing the
Goods (where possible) in question or refunding the price of such Goods.
8. Limitation of Liability
The Company’s liability in contract, tort or otherwise arising out of the
subject matter of the Contract shall not exceed the Price paid for the Goods and
the Company shall under no circumstances be liable to the Buyer for any
consequential, indirect or economic loss or damages.
9. Force Majeure
If either party is subject to an event of Force Majeure, that is circumstances
outside its reasonable control, including but not limited to war, fire,
industrial disputes or civil commotion, it shall notify the other and the first
party’s obligations under these Terms shall be suspended until it notifies the
other party of the end of such event of Force Majeure.
10. General
If any part of these Terms is found to be void or unenforceable by any Court of
competent jurisdiction, such part shall be severed from these Terms which will
otherwise remain in full force and effect.
These Terms shall be governed by and interpreted according to English Law and
the parties submit to the exclusive jurisdiction of the English Courts. |