Terms and Conditions for the sale of goods
1. Definitions of our terms and conditions
Buyer : the person and/or business of who buys or agrees to buy the Goods from the Seller.
Conditions : the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods : the articles which the Buyer agrees to buy from the Seller.
Price: the price for the Goods, excluding VAT and any carriage, packaging and insurance costs.
Seller : means Tagster 2005 Ltd
- These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the
exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
- All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
- Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these
- These Conditions may not be varied except by the written agreement from Tagster 2005 Ltd as the Seller.
- These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
- The Price shall be the price quoted on the Seller’s confirmation of order. The Price is, unless stated otherwise, exclusive of VAT, which shall be due at the rate in force on the date of the Seller’s invoice.
4. Payment and Interest
- Payment of the Price and VAT shall be due within 30 days of the date of the Seller’s invoice.
- We reserve the right to charge Interest on overdue invoices, which shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of 8% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.
- The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order.
- The Seller warrants to the Buyer that the Goods will be at the time of delivery free from any material defect due to faulty materials or workmanship so long as the Buyer gives the Seller full details of any defect immediately it becomes apparent and in any event not more than five days from the date of delivery.
7. Delivery of the Goods
- Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
- The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
- The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.
- If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
8. Acceptance of the Goods
- The Buyer shall be deemed to have accepted the Goods 48 hours after delivery to the Buyer.
- The Buyer shall carry out a thorough inspection of the Goods within 48 hours of delivery and shall give written notification to the Seller within 5 working days of delivery of the Goods of any defects, which a reasonable examination would have revealed.
- Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods, which are not in accordance with the contract.
9. Title and risk
- Risk shall pass on delivery of the Goods to the Buyer’s address.
- Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
- Until title passes the Buyer shall hold the Goods as Bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
- The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
10. Carriage of Goods
- Carriage will be chargeable on all sales. This will be at the rate as specified on the Seller’s invoice.
- Any disputes relating to Price, Carriage or Goods should be made in writing within 21 days of the Sellers invoice.
12. Return of Goods
- The Buyer should notify the Seller in writing and return the Goods within 21 days of the Seller’s invoice, stating the reason(s) for doing so. This is exclusive of Clause 8.2 where defect items should be notified sooner.
- The Buyer is responsible for all costs of carriage; packaging and insurance incurred on returning the item to the Seller and will obtain sufficient Proof of Posting, which will be made available upon request to the Seller.
- The Buyer must return the Goods unused and in new condition; returning them in their original packaging.
- Where Goods are damaged in transit upon return, in accordance with Clauses 12.1 & 12.3; the buyer will be responsible for the full value of the invoice by the Seller. With exception to:
- Goods being resalable, the Buyer will be responsible for the difference of the original amount to the resalable value, VAT and the original carriage and packaging as stated on the Sellers invoice.
AGREEMENT TO TERMS
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INTELLECTUAL PROPERTY RIGHTS
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PURCHASES AND PAYMENT
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