These conditions apply to all sales of goods by technologygroup. Please read them carefully.
1.1. In these conditions: “Conditions” means these conditions of sale, including any special terms and conditions in accordance with condition 2.2;
“Contract” means the contract for the sale and purchase of the Goods subject to the Conditions;
“Customer” means the person who places an order for the Goods;
“Goods” means the goods ordered by the Customer and
“Order” means an order for Goods placed by the Customer whether orally or in writing for the supply of the goods.
1.2 Any reference in these conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
2. INCORPORATION OF CONDITIONS AND FORMATION OF CONTRACT
2.1 These Conditions shall apply to all contracts for the sale and purchase of goods between technologygroup and the customer. They shall prevail over and take the place of any other terms or conditions stipulated, referred to or contained in any document of or communication from the Customer.
2.2 No other agreement, representation or promise of any kind shall form any part of, alter , vary, supersede or operate as a waiver of these Conditions or any of them unless expressly made or accepted by a Director of technologygroup in writing.
2.3 The Contract shall be made on these Conditions when technologygroup accepts the Order. All Orders are subject to availability of Goods.
Unless otherwise expressly stated in writing by technologygroup, the Order is accepted by technologygroup on the basis that:-
3.1 All prices are in pounds sterling and are exclusive of (a) Value Added Tax which will be charged (where appropriate) at the rate prevailing on the date of the delivery of the Goods and (b) delivery;
3.2 Prices for the Goods shall be those ruling on the date of delivery and despite any previous quotations technologygroup may without prior notice adjust the stated price to take account of:-
3.2.1 Any cost to technologygroup including (but not limited to) reasonable storage charges resulting from:-
(a) delay by the Customer in giving technologygroup sufficient information to enable it to supply the Goods; and/or
(b) any alteration to the Contract made at the request of the Customer including (but not limited to) alterations in the specification of the Goods to be supplied or in the place to which they are to be delivered or shipped;
3.2.2 any increase in the cost to technologygroup of supplying or delivering the Goods which occurs due to causes beyond technologygroup,s control between the date of the Contract and the date when delivery is complete including ( but not limited to) increases in supplier’s prices or other costs, or fluctuation in currency exchange rates, taxes, or duties; and/or
3.2.3 any extra cost to technologygroup resulting from the Goods being packaged at the request of the Customer by more expensive or rapid methods than those normally used or adopted by technologygroup.
3.3 technologygroup’s prices are based on these conditions and reflect the limitations upon technologygroup’s liability which they contain.
4.1 The place for delivery will be as agreed in writing between technologygroup and the customer and in the absence of written agreement at a place nominated by technologygroup. Any delivery charges incurred by technologygroup shall be passed on to and payable by the customer under condition 6.
4.2 Every effort is made to deliver the Goods as soon as ready. However, despatch or delivery dates are business estimates only. Any periods quoted by technologygroup for delivery run from the date of the contract or resolution of technical details whichever is the later. Delivery on or by a fixed date is not a term of the Contract. Late delivery shall not entitle the Customer to terminate the Contract or refuse to take delivery of the Goods or to withhold payment of all or any part of the price of the Goods. technologygroup accepts no liability for any loss or damage whatsoever and howsoever caused resulting from any delays in delivery in any circumstances.
4.3 Where the Goods are ready for delivery, technologygroup may postpone or split delivery at the request of the Customer. In such event:
4.3.1 the Customer shall pay for the Goods as if the Goods were delivered and invoiced on the date of that request;
4.3.2 technologygroup may store the Goods at its own premises or elsewhere at the Customer’s sole risk; and
4.3.3 all storage, insurance, transport charges and costs and expenses relating to such postponement shall be paid by the Customer.
4.4 Delivery may be made by instalments and any failure or defect in one delivery will not vitiate the Contract as to the remaining deliveries.
4.5 The customer must examine the Goods at the time of delivery and the goods must be signed for by authorised personnel of the Customer.
4.6 technologygroup shall have no liability to the Customer for any claim for short delivery or loss or damage upon delivery unless it is notified in writing to technologygroup within 7 (seven) days of receipt of the Goods by the Customer.
4.7 Any damaged Goods (including packaging material) must be retained by the Customer at the site where the damage was first discovered until inspected by technologygroup or its representative.
4.8 technologygroup shall have no liability to the Customer for any claim for non-delivery unless it is notified by the customer in writing to technologygroup within 10 days of the date of the invoice in respect of the Goods.
4.9 technologygroup shall be under no liability whatsoever for any loss of or damage or deterioration to the Goods whatsoever and howsoever caused at any time after delivery to the Customer.
4.10 Where technologygroup concludes the contract of carriage and/or insures the Goods in transit technologygroup shall be deemed to be acting as the Customer’s agent and Sections 32(2) and (3) of the Sale of Goods Act 1979 shall not apply.
Risk in the Goods shall pass to the Customer on delivery.
6. TERMS OF PAYMENT AND INVOICES
6.1 The Customer shall pay all sums due to technologygroup in relation to the Goods by the seventh day after the date of invoice (the “Due Date”), unless otherwise agreed in writing by technologygroup. Time of payment is of the essence of the Contract.
6.2 Any failure to pay an invoice or an instalment payable on an invoice in full on or by the Due Date shall render the entire balance outstanding on all invoices from technologygroup to the Customer immediately payable in full without further demand being made, despite any contrary provisions as to terms of payment in any invoice or Contract.
6.3 If full payment is not made by the Customer by the Due Date:-
6.3.1 the Customer shall pay interest to technologygroup on the unpaid balance at the rate of 3% above Bank of Ireland base rate for the time being from the Due Date until the date of payment, whether before or after judgement; 6.3.2 technologygroup may suspend any further deliveries under the Contract (and any outstanding deliveries under any other contract between technologygroup and the Customer) until payment is made in full; and/or
6.3.3 (without prejudice to any of its other rights) technologygroup may cancel the Contract in relation to such further deliveries and recover the Goods at the Customer’s expense.