a). “The Company” shall mean KDP Electronic Systems Ltd
b). “the Customer” shall mean the company, firm or individual to whom the acknowledgement is addressed.
c). “Goods” shall mean the item or items described on the face of the acknowledgement.
d). “Acknowledgement” shall mean the written acknowledgement of the customer’s order.
2). General Conditions.
No variations of theses conditions of sale are permitted unless expressly stated in writing by an authorised employee or the company. No other person is authorised to accept, confirm or vary the order or make any representation, promise or warranty on the company’s behalf.
These conditions will apply in preference to and will supersede any terms and conditions referred to, offered or relied upon by the customer during any stage of the dealings between the parties in respect to the goods to which the order relates.
Nothing contained herein shall affect the implied undertakings as to title etc., contained in section 12 of the sale of goods act 1979 or the customers statutory rights as described in section 12 of the Unfair Contract Terms Act 1977 or subsequent amendments or additions to these acts.
Quoted prices are not legally binding upon the Company unless confirmed in writing. Quotations will be valid for a period of 30 days from the date of quotation unless an extended period is stated upon the quotation. Issued prices may fluctuate depending on the exchange rate at the time of despatch. Unless otherwise stated on the quotation, appropriate packing plus delivery charges will be levied at the time of despatch. All prices and charges and associated fees are exclusive of Value Added Tax, which will be added in accordance with the prevailing Legislation.
4). Extent of Contracts.
No binding contract will be created until the Company has acknowledged the customer’s order. Waiver of any breach by the Company or and of these conditions of sale shall not in any way prejudice or affect the subsequent enforcement of the term and shall not be deemed to be a waiver of any subsequent breach.
The payment terms for any order shall be as stated on the acknowledgement. No variation of payment terms will be valid unless confirmed in writing by an authorised employee of the company.
The company may decline to schedule deliveries in what it views as uneconomic quantities. Delivery methods are subject to the operational performance of the carrier concerned and the Company can not accept any liability or responsibility whatsoever for any carrier’s non-performance.
7). Force Majeure
The company shall have no liability in respect of failure or delay in delivery or in performance of any obligations under contract due to any cause outside the Company’s control.
Risk shall pass to the Customer upon delivery of the goods.
The title in the goods remains the property of the company until payment for the goods is made in full.
The Company has the right to pass on to the customer any costs incurred for whatsoever reason from the cancellation or rescheduling of an order.
11). Shortages or Damages in transit.
The Company must be notified within 7 days of the receipt of the goods or in cases of non-delivery, immediately the invoice is received, otherwise no liability will be accepted. Packages, which have been damaged in transit, should be retained for inspection by the Company or appointed courier agents.
12). Return of goods.
No returns can be accepted for credit unless previously agreed in writing by the company. All goods returned under this category must be received by the Company within 60 days of the original invoice date. Unless previously agreed in writing, the customer will bear all the costs of returning the goods.
Any contracts between the Company and the customer shall be governed by English law and the Customer submits to the jurisdiction of the English courts, but the Company may enforce any such contracts in any court of competent jurisdiction.