TERMS AND CONDITIONS OF SALE
OF ISLAND COMPUTER SYSTEMS
The following terms and conditions (“the conditions”) are the terms on which Island Computer Systems ltd (“the seller”) sells products and supersede all other terms and conditions relating to the subject matter of these conditions.
1. PRICE AND PAYMENT
1.1 The price (inclusive of VAT) for the goods (“the price”) shall be the quoted price of the seller and payment of the price as shown on the invoice, shall be made by the buyer (“the buyer”) immediately or within 30 days of the date of the invoice for the goods.
1.2 If the Price is not paid by the due date interest shall accrue both before and after judgement on the unpaid portion of the price at the rate of 4 per cent above the base rate from time to time of Lloyds Bank PLC
The description and quantity of the goods to be sold (“the goods”) shall be set out in the quotation provided by the seller to the buyer (“the quotation”). The quotation may be verbal or written and may include the price. The description and quantity of the goods may also be on an invoice.
If the goods are not collected from the seller, the seller shall deliver the Goods to the Buyer at the address of the Buyer as shown on the Quotation on the date shown on the Quotation. Time shall not be of the essence for delivery
Once the Goods have been accepted the Buyer is not entitled to a full refund. The buyer shall not be entitled to reject the Goods in whole or in part after such date, subject to 11 below.
5. TITLE AND RISK
5.1 The Goods shall be at the risk of the Buyer following delivery
5.2 Notwithstanding delivery title in the Goods shall not pass to the Buyer until the Buyer has made payment of all monies owing to the seller.
5.3 Until such time as title in the Goods passes to the Buyer the Seller shall have the right to repossess or otherwise recover the Goods.
6. LIMITATION OF LIABILITY
6.1 Save in respect of personal injury or death due to negligence of the Seller the Seller shall not be liable to the Buyer in respect of any loss suffered by the Buyer due to any defect in the Goods.
6.2 Without prejudice to Condition 6.1 the seller shall not be liable to the Buyer or any third party for any loss of profit, consequential or other economic loss suffered by the Buyer arising in any way from the agreement.
6.3 Save in respect of personal injury or death due to negligence of the Seller the liability of the Seller under these Conditions shall not exceed the Price.
7. FORCE MAJEURE
The Seller shall not be liable for any default due to circumstances beyond the reasonable control of the Seller including, but not limited to, Acts of God, War, Civil unrest, riot, strike, lock-out, acts of civil or military authorities, fire flood, earthquake or shortage of supply or failure to deliver of the Supplier.
8.1 If any term or provision of these Conditions is held invalid illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be served and the remainder of the provisions hereof shall continue with full force and effect as if these Conditions had been agreed with Invalid illegal or unenforceable provision eliminated
8.2 The Seller may without the consent of the Buyer sublicense its rights or obligations or any part of these Conditions.
8.3 The headings in these Conditions are of ease of reference only and shall not affect the interpretation of any of the Conditions.
9. ENTIRE AGREEMENT
Each of the parties agrees that, save in respect of statements made fraudulently, it shall have no remedy in respect of untrue statement upon which is relied in entering this Agreement and that its only remedies shall be breach of contract
10. GOVERNING THE LAW
This agreement shall be governed by the Laws of England and Wales and the parties hereby submit to the non-exclusive jurisdiction of the Courts of England and Wales
11. RIGHTS OF CONSUMER
Nothing in these Conditions shall affect the statutory rights of the Consumer.
Dated January 1996 amended October 2010