The Contractual terms between Annicom Limited (hereinafter referred to as the Company) and those purchasing goods from the Company are contained exclusively within these Conditions of Sale. These conditions and the Contract shall be subject to and construed in accordance with the Law of England.
In no circumstances will the Company be bound by any addition to or other variation of these terms whether oral or in writing or unless any such addition or variation is agreed in writing by the Company with express reference to these terms.
2. Acceptance of Orders
a) It shall be the responsibility of the Purchaser to determine the suitability of the goods for any application.
b) There is no guarantee as to the goods suitability for any specific purpose even if that purpose is known to the Company. In any dispute that may arise liability of the Company for breach of any warranty or obligation either expressed or implied is limited to the value of the goods supplied in any event.
c) All recommendations and advice given by the Company or the employees or agents of the Company are given without liability on the part of the Company.
d) Descriptive pictorial or written material issued or published by the Company from time to time relating to goods offered for sale shall not form part of any contract of sale.
e) The Company shall not be responsible for any loss or damage caused either directly or indirectly by the goods or by any act of omission in connection therewith.
3. Execution of Orders
Execution of orders is contingent upon the availability of goods and the absence of any circumstances beyond the control of the Company which hinder or prevent such execution.
4. Returns, Cancellations
a) Goods properly delivered by us will not be accepted for credit unless we are advised beforehand and agree to accept them back. Such goods returned as not wanted or incorrectly ordered must be sent back carriage paid and will be subject to a 15% handling charge.
b) Written confirmations of telephone orders MUST be endorsed as such. In the event of an order being duplicated through failure to clearly endorse the confirmation, the customer will be liable for the full invoice value of the duplicate order. Such duplicated deliveries will only be accepted for credit subject to a 15% handling charge.
c) Except in special circumstances and by written agreement the Company will not accept cancellation of orders.
5. Delivery Delays
Whilst the Company undertakes that every effort will be made to ensure that goods are delivered promptly, no liability will be accepted for delay in dispatch or delivery of the goods.
6. Risk in Goods
The risk in all goods shall pass to the Purchaser on delivery of the goods to the Purchaser or the Purchasers agent.
Damage or Shortage
Damage or shortage of goods discovered on delivery must be notified to the Company within seven days. Any claims for damage or shortages that are not notified within this time shall not be accepted by the Company.
7. Returned Goods
Goods will not be accepted for return without the prior agreement of the Company. Agreed returns must be accompanied by details giving the reason for return and the date and number of the Company’s invoice upon which such goods were charged.
8. Payment of Invoices
All accounts must be paid not later than thirty days following the month of invoice. In the event of default the Company reserves the right to charge interest in accordance with The Late Payment of Commercial Debts (Interest) Act 1998, as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002, at the rate of eight percent above current Bank of England base rate at monthly intervals on the overdue portion of the account, plus any reasonable costs incurred in retrieving the debt and to suspend or cancel the contract in respect of any undelivered goods.
9. Reservation of Title
Notwithstanding delivery and passing of risk, legal and beneficial ownership of the goods shall remain in the Company until full payment for the goods has been made. Until ownership passes the Purchaser shall hold the goods as bailee for the Company and must keep the goods free from any charge lien or other encumbrance. If the Purchaser purports to sell the goods before payment is made to the Company the proceeds of the sale shall belong to the Company until the Company has received payment in full. Where such goods are used, even with loss of identity, the legal ownership to the resultant product shall vest in the Company any proceeds of sale in respect of goods unused or resultant products shall be received by the Purchaser as agents for the Company and on their account.
10. Suspension and Termination
The Company shall be entitled to cancel or suspend performance of the contract if the Purchaser (a) shall fail to make payment due to the Company under contract or on any other account on the date and/or (b) shall have a receiver appointed, go into liquidation or bankruptcy, or cease to trade. Upon any such cancellation the Purchaser shall make available for collection by the Company any goods in the possession of the Purchaser for which payment has not been made.
11. Copyrights and Patents
Products offered for sale may be the subject of patents or other legal protection. All software is copyright. The Company will take legal action against any infringement of such rights.
All items manufactured by Annicom Limited are guaranteed for a period of twelve months from the date of dispatch. Any item found to be defective through faulty materials or workmanship will be replaced or the purchase price refunded (at our discretion). The Company does not entertain or accept claims for any labour content involved in replacing products under warranty. Other items supplied by a third party would be subject to their guarantee.
All diagrams, illustrations, and descriptions are approximate and for guidance only and in line with our policy of continuous improvement, we reserve the right to make design or product alterations, or to discontinue any item as may be necessary without prior notification