2 Way Exports Limited
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 purchased the goods from
the company;
“the company” means
2Way Communications Ltd;
“contract” means the contract between
the company and the buyer, which shall
be deemed to incorporate these Terms;
“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 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 orders, purchase order or
Other document of the Buyer will form part
Of a contract unless agreed in writing by
The Company.
3. Delivery
Unless otherwise agreed in writing, the place
of Delivery shall be the Buyers premises and
the Buyer shall take delivery within 7 days of
the company notifying the buyer that the goods
are ready for delivery.
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 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
Entitle the buyer to terminate the contract
unless delay exceeds 60 days
(non notified Delay).
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 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, the Buyer shall:
1. hold the Goods on a fiduciary basis as the company’s bal lee;
2. Store the Goods separately from all other Goods of the buyer or ant 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;
3. 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 date of delivery in the company’s 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. The Buyer shall pay such deposit, as the Company shall direct.
6. Payment
Subject to paragraph 5, payment of the price of the Goods shall be due subject to the relevant credit checks being undertaken. Standard terms will be 30 days from the date of the Company’s invoice for the Goods.
Payment shall not be deemed to have taken place until the receipt by the Company of cleared funds.
7. Warranties
The Company warrants that the Goods are of satisfactory quality.
If the Buyer wishes to make a claim under this warranty, the buyer shall give written notice to the Company within 30 days of the discovery of a defect and give the Company a reasonable opportunity to inspect the goods in question.
The Company shall not be liable for any breach of warranty if the Buyer makes any further use of the Goods after giving such notice or alters or repairs the goods without the agreement of the Company.
8. Returns
Goods may not be returned to the Company unless previously agreed and a returns number issued.
Returned Goods must be accompanied by proof of purchase such as a till receipt or invoice in respect of the Goods concerned. Goods will only be accepted by the Company if they are returned suitably packed and carriage paid with associated parts, accessories and literature where relevant, in accordance with any particular instructions which the Company may have notified the Customer at the date of sale.
9. 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 of the products and the Company shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages.
10. Force Majeure
The Company shall not be liable for any delay or failure to perform this agreement or for any loss or damage which may be incurred by the Buyer due to any cause beyond reasonable control of the Company including without limitation, act of God, inclement weather, failure or shortage of power supplies, flood, drought, lightning, fire, industrial action, act or omission of government, highway authorities, public telecommunications operators or any other competent authority, war, military operations, riot, difficulty or delay in manufacture or supply of any Goods or service.
11. 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 and Conditions shall be governed and construed in accordance with English Law and the parties submit to the jurisdiction of the English Courts.
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