Terms and Conditions of Supply
Definitions
| "Buyer" | The organisation or person representing the organisation who buys or agrees to buy the Goods from the Seller. |
| "Conditions" | The terms of sale as set out in this document. |
| "Goods" | The articles which the Buyer agrees to buy from the Seller. |
| "Price" | The net price of Goods ex-works and excluding VAT. |
| "Seller" | Energi Products Limited. |
| "Agent" | The Factoring organisation appointed by the Seller to collect payments. |
General
Unless otherwise agreed in writing the terms and conditions set out in this document shall apply to all contracts between the Seller and Buyers to the exclusion of any terms and conditions contained in Buyers documentation which conflict or purport or modify the terms and conditions in this document and to the exclusion of warranties implied by common law or statute. In them placing orders with the Seller it is accepted that these terms and conditions have been accepted by the Buyer.
Prices
Unless otherwise stated by the Seller in writing all prices are net and exclusive of VAT, packaging, carriage, customs duties and import levies.
Payment
The terms of payment are specified in the invoice and payment must be received by the Seller or its appointed Agent not later than 30 days from the invoice date. The Seller or its Agent reserves a right to add interest to outstanding payments on a daily basis at a rate of 2% per calendar month.
Claims
The Seller guarantees to make good at its expense either by repair or replacement any defect in products of its manufacture which is found to be faulty within three months from the date of despatch from the Sellers works. This guarantee excludes faults caused by accident, misuse, neglect and wear and tear. The Seller will not recognise liability in cases where alterations have been executed on its products after the date of despatch from its works.
The Seller will not be liable for any damage in transit unless a written notice is given to the carrier and to the Seller within 5 working days of the despatch date from the Sellers works, quoting the Buyers order number and the Sellers despatch note number. The Seller will not be liable to any claim which docs not meet these terms and conditions.
The Seller will not be liable for consequential damage, loss of time or profits.
Risk and Property
Risk in the Goods shall pass to the Buyer on delivery except where Goods are collected by the Buyer in which case risk shall pass when the Goods leave the Sellers premises.
Ownership of the Goods supplied by the Seller shall not pass to the Buyer until payment is made in full by the Buyer to the Seller. Until full payment is made by the Buyer, the Buyer will store the Goods separately from other goods and identifiable and kept in good conditions.
The Seller retains a right to retake possession without notice, itself or by its agent, of the Goods supplied to the Buyer where payment remains outstanding beyond the terms and conditions in this document Seller.
Delivery
Delivery dates given by the Seller are approximated and the Seller shall have no liability for delays in delivery or failure to deliver on the specified date.
At the Sellers discretion each delivery shall be considered a separate transaction and the failure of one delivery shall not affect the due performance of the contract.
Where the Goods arc delivered in lots or by installments, the Seller may construe each lot or installment as a separate contract and subject to these terms and conditions.
The Seller reserves a right to supply, at the Buyers cost, a quantity of up to 10% above the quantity ordered where the product is considered by the Seller to be specific to the Buyer. The Seller also reserves a right to supply a quantity below the quantity ordered provided the Seller specifics "order considered complete" against the product item.
Cancellation
Cancellation, termination, suspension, deferment or modification to any contract with a Buyer will not be accepted by the Seller without the Sellers prior written consent. In such circumstances the Buyer will reimburse the Seller for all expenditure incurred in the execution of the contract.
Proper Law
Contracts between the Seller and Buyer is subject to the law of England and Wales.