THE TERMS AND CONDITIONS OF XMA LIMITED (HEREINAFTER REFERRED TO AS THE COMPANY)
Prices
The prices contained in any quotation or price lists are based on
conditions ruling at the date thereof. If any increase howsoever
arising in the cost of the merchandise including but without being
limited to any increase in the manufacturing or raw materials, labour
or transport occurs after such date, the Company shall be entitled
(subject to any statue or regulation) to make such addition to the
contract price as shall be reasonable in the circumstances.
Payment Terms
Thirty days from date of invoice. If any amount remains unpaid after
sixty days then all invoices then in existence, whether or not due for
payment, become payable. With prejudice to any other rights it may
have. The company is entitle to charge interest at 2.5% above the
Current Base Rate of Barclays Banks Plc on overdue payment of any
invoice amount of any part thereof.
Value Added Tax
All prices quoted are exclusive of VAT which will be charged at the rate in force at the time of despatch.
Title of Goods
- Immediately upon delivery to the customer of any goods agreed to be
sold by the Company to the customer the customer shall become the
bailee thereof and the legal title thereto shall be retained by the
Company as Bailor. Legal title in the goods shall not pass to the
customer unless and until the customer shall have discharged all it
indebtedness to the Company in respect of the goods. Until all
indebtedness is discharged the Company has the right to re-possess the
goods and reserves licence to enter the customer’s (or subsequent
buyer’s) premises for that purpose.
- Not withstanding the terms of (1) above the customer shall
be entitled before discharging its obligation to the Company to resell
the goods to any of them. Upon such resale and without derogating from
the Company’s other remedies (including the right to trace) the
customer shall hold the proceeds of sale upon trust for the Company
until such time as all the customers indebtedness to the Company under
any contract of sale entered into between them or otherwise shall have
been discharges. Similarly the benefit of any insurance proceeds should
the goods become damaged prior to re-sale shall beheld on trust for the
Company until such time as all the customer indebtedness to the Company
has been discharged.
Export Licence Control
Many products sold by the Company are subject to export licence
control. The customer undertakes to ensure that they comply with all
the laws in force at the time when re-selling the goods, particularly
the Export of Goods Control Order, 1987.
Short Delivery and Defective or Damaged Goods
Claims for short delivery or delivery where the goods do not conform
to the delivery note must be made in writing within 48 hours of receipt
of goods. Claims for defective or damaged goods must be made in writing
within seven day of receipt of goods.
Delay / Non Delivery
Invoices are issued on the day following shipment of goods from the
Company’s warehouse. If the customer does not receive the goods within
10 days from date shown on the invoice the Company must be notified
immediately by telephone followed by confirmation in writing. No
responsibility can be accepted by the Company for transit losses but
every assistance will be given in making claims on carriers providing
non receipt is notified within the time limit.
Return of Goods
The Company is unable to accept the return of merchandise without
prior consent. Before returning merchandise the Company must be
notified in writing, with the details included of the merchandise, the
invoice number and date. Authorisation of returns, if appropriate, will
then be given. In relation to hardware products, authorisation will
only be given if the unit is complete with all accessories, cables,
manuals, etc is in brand new condition and is in its original pristine
packaging.
General
The Company shall not be liable for any failure to perform its
obligations when such failure is due to any cause beyond its reasonable
control.
Cancellation
The customer shall be liable for any non-recoverable costs incurred
by the Company should the customer cancel any order it has placed with
the Company. All cancellations must be confirmed in writing within 48
hours of any oral notification.