The vendor referred to in these conditions of sale is MEASUREMENT SYSTEM LTD having its principal place of business at Unit 16 Kingfisher Court, Newbury, Berkshire, RG14 5SJ.
PRICES: This quoted price does not constitute an offer of sale and the prices therein are subject to confirmation by the VENDOR on receipt of an order.
SETTLEMENT TERMS: Punctual payment is the essence of the Contract and payment of instalments due is a condition precedent to further deliveries. Unless otherwise stated, SETTLEMENT TERMS ARE: - Nett 30 days. PURCHASER using the Credit Transfer System of payment should establish credit in the Vendors favour with HSBC BANK PLC., 6 NORTHBROOK STREET, NEWBURY, BERKSHIRE RG14 1DJ, ACCOUNT NO. 41212257
PART DELIVERIES: Where an order calls for a number of items, the VENDOR reserves the right to despatch all or any number of the items as soon as they are completed at the factory, and the PURCHASER shall honour all statements presented in respect of such deliveries, in accordance with the SETTLEMENT TERMS.
PACKING, INSURANCE AND CARRIAGE: These will be added to all invoices. Delivery shall mean "delivery to the UK address" and the VENDOR will insure all consignments, unless otherwise instructed by the PURCHASER.
ROUTING: The prices quoted do not include delivery. The prices do not include any F.O.B. charges or any special packing. The VENDOR will endeavour to comply with any special requirements stipulated by the PURCHASER, and his order whether in respect of routing or the services of a forwarding agent or special packing and any additional charges, reasonably incurred by the VENDOR in meeting said special requirements, shall be added to the invoice and statement and become due and payable in accordance with the SETTLEMENT TERMS.
FORCE MAJEURE: The VENDOR shall not be liable for failure to fulfil his contract, or for loss or damage to the goods, or for delay in delivering the goods being caused by force majeure. Force majeure to include Acts of God, such as storm, tempests etc., or any action of any Government to include Export restrictions, confiscation’s, wars etc., and all other such actions beyond the control of the VENDOR.
INSPECTION AND ACCEPTANCE: If the purchaser desires to inspect the goods, such inspection must be made at the VENDORS works, and notification of this requirement must be given at the time of placing the order. If upon inspection, the goods are approved by, or on behalf of, the purchaser, such approval shall constitute acceptance.
PROPERTY IN THE GOODS: Unless there is an express agreement of the parties to the contrary, the property in the goods remain with the VENDOR until actual payment. Notwithstanding anything in this clause the mere return of the goods after acceptance shall not prevent the VENDOR from following the PURCHASER and claiming such liquidated damages as may be legitimately charged as a direct result from the goods being returned.
CANCELLATION OF ORDER: If an order is cancelled after the expiration of fifteen days from the date on which it was placed, the VENDOR shall be entitled to claim as damages an amount equal of 50 per cent of the value of the order and shall have the right (subject always to the prior right of the PURCHASER, to settle the claim) to rely on any security given by the PURCHASER, whether in kind or specie, in order to liquidate such damages as may have been incurred consequent upon cancellation.
WARRANTY: The VENDOR warrants that the goods to be delivered in his acknowledgement shall be of good quality and workmanship, and the VENDOR has title thereto and the right to sell same. The VENDOR'S warranty of workmanship, and components shall be effective from the date on which the goods were first despatched, (hereinafter known as the "appointed date") and limited to the relevant period (12 months unless documented seperately). During the warranty period the VENDOR will replace free of charge, ex works, any part or parts of the said products (goods) provided always the products (goods) or parts are returned to the VENDOR'S works carriage paid. The products (goods) when serviced or replacement parts supplied will then be returned carriage paid by the VENDOR. The warranty shall not operate where products (goods) shall have been toned beyond their normal performance specification or in other ways misused.
DELIVERY: Delivery dates mentioned in any quotation or acceptance or elsewhere are approximate only and not of contractual effect. Time is not of the essence of the contract so far as regards delivery dates, nor shall the VENDOR be in any event under any liability, to the PURCHASER in any respect of any delay in delivery or non-delivery of the goods howsoever caused.
LIABILITY: Save as is expressly provided in these conditions the VENDOR shall not be under liability to the PURCHASER in respect of goods or any part thereof or in respect of any breach or default by the VENDOR of or in any of its obligations under the contract or otherwise in respect of any loss, damage or injury whatsoever or howsoever caused and save the aforesaid all warranties, guarantees, conditions and representations whether collateral hereto or otherwise and whether express or implied by common law statute customer of the trade or otherwise are hereby expressly included and extinguished. This exemption shall apply for the benefit of the VENDOR and its servants and agents.
LEGAL CONSTRUCTION: Except where otherwise stipulated in writing the relations arrangements and agreements between the parties shall be governed by the LAWS OF ENGLAND and all disputes which may arise under, out of, or in connection with or relation to this CONTRACT shall be submitted to arbitration of the LONDON COURT OF ARBITRATION in accordance with its RULES for the time being in force. Service of any notices in the course of such arbitration to the addresses of the parties as given in the CONTRACT shall be valid and sufficient.
We reserve the right to change specification and prices without notice
If you are a “consumer”; meaning an individual who is not acting for the purposes of his or her business or profession, you have the statutory right to withdraw from your purchase of an item within seven working days of the day after the date the item is delivered to you. However, we regret that we cannot accept cancellations of contracts for the purchase of software products where the product box has been opened.
To cancel your purchase under this cooling-off period, Please package the item securely and send it to us, so that we receive it within seven working days of the day after date of delivery of the goods to you. The return address is:
Measurement Systems Ltd
16 Kingfisher Court
For your protection, we recommend that you use a recorded-delivery service. Please note that you will be responsible for the costs of returning the goods to us unless we delivered the item to you in error, or if the item is faulty. If we do not receive the item back from you, we may arrange for collection of the item from your residence at your cost.
As soon as we receive notice of your cancellation of this order, we will refund the relevant part of the purchase price for that item together with the item's normal postage charge - we cannot refund any priority, express or courier component of the postage charge. For more information on your right to withdraw from your purchase within the seven working day cooling-off period, visit the UK Department for Business Web site at www.bis.gov.uk.