1 The terms and conditions of trade which are hereinafter set out constitute the offer of DTS Computer Limited trading as wiseforms.co.uk , hereinafter “the Seller” to sell goods to the Buyer
and the buyer accepts these terms and conditions as the terms and conditions upon which the Seller trades. No variation, waiver of, or addition to these Terms and Conditions shall be binding upon the Seller except insofar as such variation, waiver of or addition to these Terms and Conditions shall have been agreed in writing by both the Seller and Buyer and signed on their behalf. No person in the employment or acting otherwise as agent of the Seller or purporting so to do, has authority to accept orders, supply goods on any other conditions or to vary these terms in any way, save as provided above. Acceptance of goods from the Seller shall be conclusive evidence before any Court or arbitrator that these Terms and Conditions apply.
3 Save as aforesaid the Seller gives no warrantee, promise whatsoever in relation to the goods supplied and all warranties, conditions,
representations or guarantees whatsoever in relation to the goods, save as set out above, are hereby excluded.
4 (a) The Buyer may by notice in writing to the Seller reject the goods if the Seller fails to comply with his obligations under clause 3 hereof if the Seller gives the Buyer notice in writing of such rejection within 28 days after delivery of the goods to the Buyer and if in such notice rejection the Buyer specifies the reasons for such rejection.
(b) In such case as is set out in clause 4 (a) above the Buyer shall thereafter return the rejected goods to the Seller and the Seller shall within a reasonable time replace such rejected goods with goods which are in all respects in accordance with the contract.
(c) If the Seller does not within a reasonable time replace the rejected goods the Seller shall repay to the Buyer any monies paid by the Buyer in
respect of such rejected goods.
5 PRINTED MATTER
Unless previously withdrawn, all quotations from the Seller are open for acceptance within the period stated within. Where no period is stated the quotation shall be open for acceptance within 30 days from the date it is given unless withdrawn by the Seller during that period.
When artwork is included within a price quoted or shown to be free of charge, this artwork will not be produced by the seller until such time as an official order, either written or verbal, has been accepted by the Seller.
(c) Cancellation of Orders
When a cancellation of order is received by the Seller, or assumed through lack of contact with the buyer, the Seller reserves the right to
make a reasonable charge for any artwork commenced prior to receipt of any such cancellation. If the buyer wishes to reinstate the order within a period of three calendar months from the date of the Seller’s invoice for artwork then the Seller will reimburse the artwork charges.
Proofs of all work may be submitted for the buyer’s approval and in that event no responsibility shall be accepted for any errors not corrected by
the buyer. The Seller reserves the right to make a reasonable charge for any author’s corrections.
(e) Variations in Quantity
Every endeavour will be made to deliver the correct quantity ordered, but the Seller reserves the right to deliver quantities within plus or minus
10% of the ordered quantity with appropriate pro-rata changes to the quoted price.
6 Save as set out in clause 4 above the Seller shall be under no liability to the Buyer in respect of the goods supplied to the Buyer under this contract, whether such liability arises by way of express or implied terms of this contract, if any, by way of misrepresentations as to the goods, or otherwise howsoever whether in contract or in tort. Further the Seller’s liability in any event to the Buyer howsoever arising in respect of the supply of goods to the Buyer shall in no circumstances exceed the value of the goods supplied and the Seller shall in no circumstances be liable to the Buyer for any consequential losses whether of profit or of data or otherwise howsoever arising.
7 Time for delivery of any goods under this contract is not of the essence of this contract and the only liability of the Seller shall be to deliver the goods within a reasonable time and if for any reason after the making of the contract the Seller shall not be able to deliver the goods within a reasonable time, then the Seller may terminate this contract by giving notice in writing to the Buyer and thereafter be under no liability whatsoever to the Buyer under this contract.
8 The Buyer shall pay the price of the goods on the date specified by the invoice for the goods. If any part of the invoice remains unpaid after 30 days from the date of the invoice, the balance unpaid shall bear interest and such interest shall be payable by the Buyer to the Seller at the rate of 2.5% per month until payment of the unpaid balance is paid in full.
9 The goods the subject of this agreement by the Seller to sell at the risk of the Buyer as soon as they are delivered by the Seller to the Buyer’s vehicles or his premises or otherwise to his order.
10 Such goods shall remain sole and absolute property of the Seller as legal and equitable owner until such time as the Buyer shall have paid to the Seller the agreed price of those goods together with the full price of any other goods on the invoice raised in relation to those goods.
11 The Buyer’s right to possession of the goods shall cease if he, not being a company, fails to comply with a statutory demand or if he, being a company, does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a petition for winding up. The Seller may for the purpose of recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.
12 If the Seller by reason of the failure of the Buyer to pay any invoice in respect of the goods supplied under this contract within 60 days of the date of the invoice, refers the invoice to a collection agency for collection, then the Buyer shall pay and the Seller may add to the invoice in question the collection charges of such collection agency.
The Seller reserves to itself all and any copyright patent, trademark, registered design or otherwise in the goods supplied.
This contract shall be subject to English Law.