TERMS AND CONDITIONS
The following conditions of sale shall apply unless otherwise agreed between the parties in writing.
All product information and price lists are approximate and binding only when expressly referred to in the agreement.
Terms of Payment
Unless IC Solutions 24/7 Limited shall have expressly granted credit to the buyer quotations are on the basis of cash with order. If a 30 days’ credit term has been granted, payment shall be 30 days from invoice date.
Payment shall be made either at the time of ordering or if otherwise agreed (for quantity orders), at the date stated on the invoice. If the purchaser fails to make payment by the due date, IC Solutions 24/7 Limited shall be entitled to statutory late payment interest.
Bankruptcy or Liquidation
If the Buyer shall make default in or commit any breach of any of his obligations or if any distress or execution shall be levied upon the Buyer’s property or assets or if the Buyer shall make or offer to make any arrangement or composition with creditors, or commit any act of bankruptcy, or if any Petition or Receiving Order in Bankruptcy shall be presented or made against him, or if the Buyer is a Limited Company and any Resolution or Petition to wind up the Buyer’s business shall be passed or presented or if a Receiver of the Buyer’s undertaking, property or assets, or any part thereof, shall be appointed IC Solutions 24/7 Limited shall have the right forthwith to terminate any Contract then subsisting and to cancel any outstanding delivery or deliveries and to stop any goods in transit, but all without prejudice to any other right which IC Solutions 24/7 Limited may have.
If delivery is prevented or impeded due to a circumstance specified in Clause 7, or by the purchaser´s action or negligence, the time of delivery shall be extended accordingly. If IC Solutions 24/7 Limited does not deliver the goods within the agreed or extended time, the purchaser may cancel the contract in writing,
If the delay is of critical importance to the Purchaser and IC Solutions 24/7 Limited has realised or should have realised this. No compensation shall be due by IC Solutions 24/7 Limited for late delivery.
Indemnity against infringement of patents etc.
The Buyer shall indemnify IC Solutions 24/7 Limited against costs, claims or expenses arising out of any action for infringement or alleged infringement of any patent, trade mark registered design, copyright or any other claim resulting from compliance with the Buyer’s instructions express or implied.
IC Solutions 24/7 Limited shall be relieved from liability for a failure to perform any of its obligations due to any circumstance beyond its immediate control, which impedes, delays, or aggravates any obligation to be fulfilled by it under this agreement.
Notwithstanding any other provisions hereof, should the manufacture, processing, delivery or dispatch of the whole or any part of the goods be delayed prevented hindered or rendered uneconomic by any cause orcauses whatsoever beyond IC Solutions 24/7 Limited’s control IC Solutions 24/7 Limited shall be entitled to cancel the Contract or to postpone or suspend any delivery or deliveries under the Contract until in IC Solutions 24/7 Limited’s judgment such cause has ceased to operate. IC Solutions 24/7 Limited shall be under the liability in respect of any such cancellation, postponement or suspension, without limiting the generality of the cause or causes referred to above the same shall include war, fire, accident, breakdown of plant or machinery, strikes and lockouts (whether affecting IC Solutions 24/7 Limited’s works or those of their suppliers or their carriers), shortage of or late or non-delivery or cost of any material.
IC Solutions 24/7 Limited disclaims all warranties, expressed or implied, including, without limitation, warranties of merchantability and fitness, other than the express warranties stated or referred to in documents provided by IC Solutions 24/7 Limited.
IC Solutions 24/7 Limited liability for defects shall be limited to replacing without charge any product which is proved to be defective. Defective products shall be returned to IC Solutions 24/7 Limited at the purchaser´s cost and risk and replacement products shall be forwarded to the purchaser at IC Solutions 24/7 Limited cost and risk. Written authorisation from IC Solutions 24/7 Limited is required before any return of defective products. By delivering a duly repaired or replaced component to the purchaser, IC Solutions 24/7 Limited shall be deemed to have fulfilled its obligations with respect to the defective product and shall not be liable for any damages (whether direct or indirect), consequential damages or cost and losses (including loss of profit). IC Solutions 24/7 Limited liability shall not apply to products or parts thereof which have been subject to misuse, neglect or modification or which have not been transported, stored or used in accordance with IC Solutions 24/7 Limited instructions and manuals. IC Solutions 24/7 Limited liability in respect of defective products shall furthermore be limited to defects reported by the purchaser within 15 days from the date the defect was or should have been detected, and within one year from the agreed delivery date or a subsequent date on which IC Solutions 24/7 limited fulfilled its obligations.
Hazards from goods, packaging etc.
If the goods are defective and are returned to IC Solutions 24/7 Limited within three months of dispatch IC Solutions 24/7 Limited will supply replacement goods free of cost to the Buyer. Subject thereto IC Solutions 24/7 Limited shall not be responsible for and shall be indemnified by the Buyer against any claims for any damage or injury to persons or property caused by arising from or attributable, directly or indirectly, to the goods or the handling or use of the goods, or the container or packaging in which the goods are supplied or at all, and in particular IC Solutions 24/7 Limited shall not be liable in such circumstances for any consequential damage or loss of profit whether arising in Contract or tort or otherwise howsoever.
The Buyer undertakes to ensure compliance by his servants or agents with any safety precautions or instructions for safe handling given by IC Solutions 24/7 Limited and to take such other steps as, having regard to the nature of the goods, are necessary to preserve the health and safety of persons handling them.
Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of England and Wales.