TERMS OF BUSINESS AND CONDITIONS OF SALE
1. Scope of Conditions
These Terms and Conditions and the provisions appearing on any invoice issued by Dxui Limited (The Seller) represent the entire agreement between the Seller and the buyer of goods (“the seller”) represent the entire agreement between the Seller and the Buyer of goods (“ the Buyer”) in respect of the sale and purchase of goods the subject of the contract and shall govern the contract to the exclusion of any other provisions contained in any other documents issued by either party unless specifically referred to in writing by the Seller. No agent or employee of the Seller has the Seller’s authority to alter or vary these Terms and Conditions.2. Quality Defects and Warranty
(a) Subject as hereinafter appearing no warranty or guarantee is given (whether statutory or otherwise) in respect of goods supplied by the Seller. (b) The Seller will use its best endeavours to secure to the Buyer the benefit of such guarantee (if any) as may be given by the manufacturer or supplier to the Seller of goods the subject of the contract PROVIDED ALWAYS that the Buyer indemnifies the Seller in respect of the costs incurred in securing such guarantee as may exist. (c) The Buyer accepts the express benefit of the rights granted to the Buyer under Part (B) of this Condition 2 to represent the entire responsibility and liability of the Seller (d) to the Buyer in respect thereof and are expressly in lieu of and the Buyer hereby waives all other terms conditions and warrantees express or implied whether statutory (e) or otherwise and any other obligations and liabilities whatsoever and howsoever arising of the Seller Whether based in negligence or otherwise relating to the goods supplied under the contract or any other goods supplied by the Seller. (f) In the event that the Buyer discovers any defects in goods then: (i) The Buyer shall where the defects are apparent on inspection notify the Seller within 48 hours the defects being apparent such notification to be by telephone and confirmed by letter posted by first class post within the same period. (ii) The Buyer shall where the defects are not apparent on inspection notify the Seller within 48 hours of the defects being apparent such notification to be by telephone and confirmed by letter posted by first class post within the same period. (iii) To facilitate the investigation of claims the Buyer shall comply with all reasonable requirements of the Seller and the manufacturer of goods and the supplier to the Buyer of goods in respect of which defects are alleged.3. Prices
(a) List prices are subject to alteration without notice. Prices are quoted and all orders are accepted on the basis that the invoice price payable by the Buyer shall be the price ruling at the date of despatch of the goods. Trade prices specified in the Seller’s catalogue, website or price list or quoted by the Seller are exclusive of VAT. Retail prices shown in the Seller’s catalogue, website or price list are recommended retail prices only and are inclusive of VAT unless otherwise stated. ( b) Unless otherwise specified in writing by the Seller the Buyer shall pay to the Seller the nett amount of the Seller’s invoice (including VAT and delivery charges where appropriate) within 30 days of the date of invoice or delivery of goods to the Buyer (whichever is the earlier) without any withholding or deduction. In default of payment by the due date or any invoice rendered by the Seller to the Buyer (whether or not relating to the contract) the Seller shall be at liberty to withhold or to cancel all or any consignments under the contract without being under any liability to the Buyer for so doing.4. Interest and Charges
(a) The Seller reserves the right to charge compounded interest at the rate of 5 % per month above base rate on accounts not paid by the due date, and a late payment penalty of £15 per month to cover administration fees. (b) All dishonoured and returned cheques will invoke a standard £35.00 administration fee automatically.5. Delivery
(a) Each delivery of goods shall be deemed to constitute a separate contract and any difference or default in relation to one delivery shall not affect any other delivery. (c) The Seller is able to offer a free delivery to selected counties for consignments valued at £200.00 and over but subject always to consignments despatched both from the Seller’s depots and direct by manufacturers and suppliers. The Buyer must confirm delivery arrangements and cost with the Seller prior to placing an order. Notwithstanding the foregoing the Seller reserves the right (unless otherwise agreed prior to the order being placed) to charge the Buyer for transport and delivery at cost and consignments despatched direct by the manufacturer or supplier are sold on the basis that the Buyer shall be liable for any charge made by them for transport and delivery. (d) Non-delivery of goods must be reported in writing to the company headquarters within 7 days of invoice date. Where third party carriers are used the carrier as well as Seller must be so notified. (e) Damage loss of contents or non-delivery of part of an order must be notified to the company headquarters within 3 days of delivery of the consignment. Signatures endorsed unexamined or unchecked or similar shall have no effect and will not be accepted by the Seller or any third party carriers as a basis for claim. Where third party carriers are used the Carrier as well as the Seller must be notified. (f) All dates quoted for delivery are approximate only. (g) The obligation of the Seller shall be to deliver or arrange for delivery as near to the intended destination as a safe hard road permits. The Buyer is to provide free of charge the labour required for unloading and stacking. (h) In the event that the Buyer is unable to accept delivery of goods then (without prejudice to any other rights of the Seller) the Buyer shall indemnify the Seller against any demurrage or storage charges incurred by the Seller as a result of such non-acceptance.6. Force Majeure
(a) The Seller shall be under no liability whatsoever for any failure or delay in performing the contract by reason of the unavailability of goods whether due to general shortage or otherwise and in these events the Seller shall be at liberty to cancel all or any part of the contract without liability to the Buyer and shall not be responsible for preferring one contract to another nor for satisfying the Seller’s own requirements in preference to those of the Buyer. (b) The Seller shall be under no liability whatsoever for any failure or delay in performing the contract by reason of any clause whatsoever beyond the reasonable control of the Seller and the Seller shall have the right in such circumstances either to extend the contractual time for delivery by such period as it considers reasonable of which due notice shall be given to the Buyer or to cancel the contract in whole or in part without liability to the Buyer.7. Substitution
Unless instructions are received to the contrary the Seller will endeavour to send the best available substitute for any goods ordered which are not immediately available.8. Returns
(a) Employees of the Seller and of third party carriers are not authorised to accept the return of goods delivered unless they are in possession of a signed goods returns note issued by the Seller’s company headquarters and no returns will be accepted unless the original delivery note number or invoice is quoted. The Seller reserves the right to charge a restocking charge equal to 10% of the original invoice value of all goods returned. (b) Any returns made by (“the Buyer”) to (“the Seller”) will be inspected when coming back into stock at the Seller’s distribution depot. If the Seller believes that the Buyer has made a fraudulent claim, or the products have been used to the extent of greater damage, the Seller reserves the right to withhold all payments subject to investigation. The decision thereafter the investigation will be final.9. Risk and Title
(a) Risk of loss or damage to goods and each consignment thereof shall pass from the Seller to the Buyer when the carrying vehicle transporting the goods or any consignment thereof arrives at the Buyer’s premises. Save that if the Buyer or the Buyer’s agents collects goods the risk in goods so collected shall pass on collection. Title to goods or any consignment thereof shall remain with the Seller until receipt in full without any deduction or withholding by the Seller of the price of goods (including VAT and delivery charges if applicable) or any part thereof. At any time before full payment has been made the Seller shall be entitled to recover the goods (or the consignment in question) and for this purpose the Buyer hereby gives license to the Seller or the Seller its agents and servants to enter upon the premises where the goods may from time to time be situate for the purpose of recovering the same. (b) The Seller will also be entitled to claim any associated costs from the Buyer on recovery of consignments that are in breach of the payment terms, which act as part of the contractual obligations of the Buyer.10. General
(a) All weights and quantities are approximate only. (b) Samples submitted and illustrations in catalogue and trade literature must be accepted as showing type class and general character only without warranty or guarantee as to substance performance specification or design or quality of packaging.