Supplies
All our
staff are CRB checked and carry ID
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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 Order |
| “ Good
or Equipment “ |
those goods to be
acquired by the buyer from DOS as set out in the Sales Order |
| “ DOS
“ |
Quickstream Ltd
Trading as Digital Office Solutions, Unit 5 Hyders Farm, Bonnetts Lane Crawley, RH11 0NY |
| “ Price
“ |
the price of the
Goods as set out in the Sales Order |
| “ Sales
Order “ |
the sales order
form signed by the Buyer a copy of which is overleaf |
2 PRICES
(a)
DOS reserves the
right to vary the price at any time to reflect increases to DOS due
to factors beyond its control.
(b)
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
(a)
DOS shall make all
reasonable efforts to meet quoted delivery dates which are
approximate only. Time shall not be of the essence.
(b)
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.
(c)
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.
(d)
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.
(e)
In case of the
non-delivery of the whole consignment, the Buyer shall advise DOS
after 14 days of invoice.
(f)
The Buyer shall be
bound to pay for all goods, notwithstanding any alleged non-delivery
or shortage of Goods.
(g)
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
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
In no
circumstances shall any Goods be returned to DOS without its prior
written consent.
(f)
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.
(g)
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
order 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
(a)
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.
(b)
Although
DOS uses every effort to ensure that all Goods are manufactured or
supplied to specifications, it is in all cases (including repeat
orders) 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.
(c)
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
(2)
Bringing
the Goods into conformity with the manufacturers published
specifications
(d)
DOS shall
only accept liability under this clause if the Buyer observes the
provisions of clause 3 above.
(e)
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.
(f)
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.
(g)
The
liability of DOS hereunder shall be limited to any defects, which
appear in the cause of normal usage and applications, during the
manufacturers 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
(a)
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 21 days from date
of invoice in respect thereof.
(b)
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.
(c)
All
payments shall be made in sterling.
(d)
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 ORDERS
(a) Orders for Goods may not be cancelled or
suspended without DOS prior written consent.
(b)
Any
cancellation or suspension of an order 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 ORDERS
In order to avoid orders being duplicated, all orders
that are confirmation of orders previously placed should clearly
indicate that fact.
14 EXPORT
(a)
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.
(b)
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
(a)
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.
(b)
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.
(c)
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.
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CONTACT US |
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Digital Office Solutions
Unit 5 Hyders Farm
Bonnetts Lane
Crawley
RH11 0NY
Enquiries
01293 537827
Email Us
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SUPPORT |
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is offered
Monday - Friday
9.00am - 5.30pm
0870 848 4040
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Introductory discount
voucher!
OCT
2014 NEW LABOUR RATES
Callout from £15.00 + vat
£35 + vat per half hour.
Equivalency List
Fault Codes
Cont Form
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