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TERMS AND CONDITIONS OF SALE

1 DEFINITIONS In these Conditions the following words have to following meanings: -

“ Agreement “   the agreement between DOS and the buyer for the sale of the Goods in accordance with the set Conditions

“ Buyer “ the customer whose details are set out in the Sales Ticket

“ Good or Equipment “ those goods to be acquired by the buyer from DOS as set out in the Sales Ticket

“ DOS “  Quickstream Ltd T/A’s Digital Office Solutions

“ Price “   the price of the Goods as set out in the Sales Ticket

“ Sales Ticket “   the sales ticket form signed by the Buyer a copy of which is overleaf

2 PRICES

1. DOS reserves the right to vary the price at any time to reflect increases to DOS due to factors beyond its control.
2. The Price is exclusive of any applicable value added tax and other duties payable which the Buyer shall be liable to pay to DOS.

3 DELIVERY

1. DOS shall make all reasonable efforts to meet quoted delivery dates which are approximate only. Time shall not be of the essence.
2. DOS shall not be liable for late or incorrect delivery due to circumstances beyond its control. If DOS fails to deliver the Goods for any reason other than cause beyond DOS control or the Buyer’s fault (and DOS is accordingly liable to the Buyer) DOS liability shall be limited to the excess (if any) of the cost to the Buyer ( in the cheapest available market) of similar goods to replace those not delivered  over the price of the Goods.
3. DOS reserve the right to delivery by instalments. The Buyer shall inspect all goods on delivery and sign a delivery form as acceptance of the Goods.
4. DOS shall not entertain claims for non-delivery or damaged Goods unless the Buyer:-

1. Endorses the carriers note upon delivery appropriately.
2. Advises DOS by telephone immediately upon becoming aware of any defect in the Goods (and in any event within 7 days of the actual date of delivery).
3. Sends full particulars of any claim notified to DOS under sub clause d:- above in writing within seven days after the actual date of delivery.

1. In case of the non-delivery of the whole consignment, the Buyer shall advise DOS after 14 days of invoice.
2. The Buyer shall be bound to pay for all goods, notwithstanding any alleged non-delivery or shortage of Goods.
3. If the Buyer fails to take delivery of the Goods or fails to give DOS adequate delivery instructions at the time stated for delivery then, without prejudice to any other right or remedy available to DOS, DOS may :-

1. Store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage or
2. Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price or charge the Buyer for any short fall below the price.

4 FORCE MAJEURE

DOS shall not be liable for any loss or damage caused by delay in its performance or non-performance of any of its obligations hereunder, where the same is occasioned by any cause whatsoever that is beyond DOS control. Should any such event occur, DOS may cancel or suspend this Agreement without occurring any liability for any loss or damage thereby occasioned to the Buyer.

5 TITLE & RISK

1. The Goods shall be at the Buyers risk from the time of delivery of the Buyer wrongfully fails to take delivery of the Goods at the time DOS has tendered the Goods for delivery.
2. Notwithstanding delivery, the Goods remain the absolute property of DOS until payment of all amounts due from the Buyer to DOS in respect of the Goods have been made.
3. The Buyer acknowledges that until such time as payment is made, it is in possession of the Goods solely as fiduciary agent and bailee for DOS and shall protect and insure the Goods and store them separately from its own goods and goods of third parties and in such a fashion as to be readily identifiable by DOS representatives. Until the time such payment is made the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business but shall account to DOS for the proceeds for the sale of the Goods, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the Buyer and third parties properly stored protected and insured.
4. In the circumstances where the Goods are delivered to any address specified by the Buyer and are not paid for, DOS shall be entitled to enter upon the premises of the Buyer with such transport as necessary and repossess the Goods.
5. In no circumstances shall any Goods be returned to DOS without its prior written consent.
6. The Buyer shall be at liberty to sell or use the Goods in the ordinary cause of business, but DOS may revoke this power by notice to the Buyer if the Buyer defaults in payment of the whole or part of the Price.
7. The Buyer’s power of sale automatically ceases and full title of all unpaid Goods reverts to DOS if a receiver is appointed over any of these assets or the undertaking of the Buyer or if a winding up ticket is made against the Buyer or the Buyer goes into liquidation or cause a meeting or makes any arrangements or composition with creditors or commits any act of bankruptcy or allows execution to be levied against it or its goods.

6 WARRANTY

1. DOS warrants that the Goods tendered for delivery shall correspond to the manufacturers published specifications when used for the purposes for which Goods of that type are normally used.
2. Although DOS uses every effort to ensure that all Goods are manufactured or supplied to specifications, it is in all cases (including repeat tickets) for the Buyer to ensure by adequate tests or otherwise that the Goods are fit and suitable for the purposes for which the Buyer requires them and in the specific conditions and on the specific substrates in which they shall be used or applied and to be within such reasonable tolerance and variations as are generally acceptable within the Buyers industry.
3. If any of the Goods prove defective, DOS liability hereunder shall be limited to

(1)     The replacement at DOS expense of any Goods which are proved to DOS satisfaction to be defective or

1. Bringing the Goods into conformity with the manufacturers published specifications

1. DOS shall only accept liability under this clause if the Buyer observes the provisions of clause 3 above.
2. It shall be the responsibility of the Buyer to satisfy itself that the intended application of the Goods is suitable in each particular application and use.
3. Save as stated above, all conditions and warranties expressed or implied whether by statute, common law or otherwise as to the conditions or fitness for any purpose of the Goods are hereby expressly excluded to the fullest extent permitted by law and DOS shall be under no liability for any direct or sub sequential loss or damage howsoever arising, which may be suffered by the Buyer by reason of any defect in or failure to perform on the part of the Goods.
4. The liability of DOS hereunder shall be limited to any defects, which appear in the cause of normal usage and applications, during the manufacturer’s warranty period from the date of delivery to the Buyer.

7 PATENTS & TRADEMARKS

No representation, warranty or indemnity is given by DOS that the Goods do not infringe any patent, trademark, registered design, design right or any other intellectual or industrial property right of any person.

8 GOVERNING LAW

This Agreement will be governed by and construed with accordance with English Law. It is hereby agreed that pursuant to section 18 County Courts Act 1984 (as amended extended or re-enacted from time to time) all claim’s made arising from this Agreement shall be submitted to the Jurisdiction of Horsham County Court (save for those matters which the said court does not have authority to determine).

9 ASSIGNMENT

This Contract is personnel to the Buyer and may only be assigned with the written consent of DOS.

10 PAYMENT

1. Unless DOS other agrees or the sale is a sale by irrevocable letter of credit, payment is due in full on delivery of the Goods to the Buyer and any supplies that are made thereafter shall be paid by 14 days from date of invoice in respect thereof.
2. Payment shall be made to DOS under clause 10a above not withstanding that at the due date for payment delivery may not have taken place and the property in the Goods has not passed to the Buyer. The time of payment shall be of the essence of this Agreement.
3. All payments shall be made in sterling.
4. If the Buyer fails to make payment in full on the due date DOS may without prejudice to any other right or remedy available to it cancel or suspend any further delivery or supply of the Goods and charge the Buyer interest (both before and after judgement) on the monies outstanding at the rate of 2% per month from the date of the invoice (a part of a month being treated as a month for the purposes of calculating interest). If at any time the credit standing of the Buyer has in the opinion of DOS been impaired, DOS may refuse delivery of Goods required.

11 CANCELLATION OF TICKETS

(a)        Tickets for Goods may not be cancelled or suspended without DOS prior written consent.

1. Any cancellation or suspension of an ticket to which DOS consents shall be on the terms that the Buyer shall indemnify DOS in full against all loss (including loss of profit), costs (including the cost of all labour and materials used) damages charges and expenses incurred by DOS as a result of such cancellation or suspension.

12 RETURN OF GOODS

The Goods are not supplied on a sale or return basis. There shall be no liability on DOS for the return of goods.

13 CONFIRMATION TICKETS

In ticket to avoid tickets being duplicated, all tickets that are confirmation of tickets previously placed should clearly indicate that fact.

14 EXPORT

1. Without prejudice to these conditions of sale, goods for export shall be at the Buyers risk from the time of collection by the freight carrier from DOS premises.
2. All prices quoted are exclusive of all taxes, duty, insurance, packaging and freight, unless otherwise expressly quoted in writing and any other costs incurred by DOS but not included in the price of the goods.

15 GENERAL

1. DOS is a member of a group of companies and accordingly DOS may perform any of its obligations or exercise any of its rights hereunder by itself or through any other member of that group.
2. Any notice required or permitted to be given by either party to the other under this Agreement shall be in writing addressed to the other party at its registered office or principle place of business or such other address that may at the relevant time have been notified pursuant to this provision to the party giving the notice. Notices shall be sent by prepaid first class post and shall be deemed to be served 48 hours after posting.
3. No waiver by DOS of any breach of this Agreement by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

If any provision of this Agreement is held by any competent authority to be invalid or enforceable in whole or in part the validity of the provisions of this Agreement and the remainder of the provision in question shall not be affected thereby.