| Credit
terms
SRS will only offer credit if the level of business warrants
it and the necessary credit checks and customer history justify
a full credit rating.
Our standard credit terms are "invoices Must be paid by
20th of month following month of invoice"
Until a full credit rating is given Customers may pay against
Pro Forma invoice or use a credit card to make the payment.
SRS Products PLC: Standard
Terms & Conditions for the sale of goods.
1. Definitions
Buyer the person who buys or agrees to buy the goods from the
Seller.
Conditions the terms and conditions of sale as set out in this
document and any special terms and conditions agreed in writing
by the Seller.
Goods the articles which the Buyer agrees to buy from the Seller.
Price the price for the Goods, excluding VAT and any carriage,
packaging and insurance costs.
Seller SRS Products PLC. 19 Mead Park,Riverway,Harlow,Essex,CM20
2SE
2. Conditions
2.1 These Conditions shall form the basis of the contract between
the Seller and the Buyer in relation to the sale of Goods, to
the exclusion of all other terms and conditions including the
Buyer's standard conditions of purchase or any other conditions
which the Buyer may purport to apply under any purchase order
or confirmation of order or any other document.Any contractual
dispute between the Seller and the Buyer shall be governed by
English Law.
2.2 All orders for Goods shall be deemed to be an offer by
the Buyer to purchase Goods from the Seller pursuant to these
Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed to
be conclusive evidence of the Buyer's acceptance of these Conditions.
2.4 These Conditions may not be varied except by the written
agreement of [a director of] the Seller.
2.5 These Conditions represent the whole of the agreement between
the Seller and the Buyer. They supersede any other conditions
previously issued.
3. Price
The Price shall be the amount quoted on the Seller's confirmation
of order. The Price is exclusive of VAT which shall be due on
all United Kingdom purchases at the rate in force on the date
of the Seller's invoice.
4. Payment and Interest
4.1 Payment of the Price and any VAT shall be due by 20th of
month following the month in which the Seller's invoice is dated.
Earlier payment may be requested on the confirmation of order
if the Buyer,s Credit rating by the Seller warrants this.
4.2 The Seller shall be entitled to charge Interest on overdue
invoices which accrues from the date when payment becomes due
calculated on a daily basis until the date of payment at the
rate of 8% per annum above the Bank of England base rate from
time to time in force. Such interest shall accrue after as well
as before any judgment.
4.3 The Buyer shall pay all accounts in full and not exercise
any rights of set-off or counter-claim against invoices submitted
by the Seller.
5. Goods
The quantity and description of the Goods shall be as set out
in the Seller's confirmation of order.
6. Warranties
The Seller warrants that the Goods will at the time of delivery
correspond to the description given by the Seller in the confirmation
of order. [Except where the Buyer is dealing as a consumer (as
defined in section 12 of the Unfair Contract Terms Act 1977),
all other warranties, conditions or terms relating to fitness
for purpose, quality or condition of the Goods are excluded].
7. Delivery of the Goods
7.1 Delivery of the Goods shall be made to the Buyer's address.
The Buyer shall make all arrangements necessary to take delivery
of the Goods on the day notified by the Seller for delivery.
7.2 The Seller undertakes to use its reasonable endeavours
to despatch the Goods on an agreed delivery date, but does not
guarantee to do so. Time of delivery shall not be of the essence
of the contract.
7.3 The Seller shall not be liable to the Buyer for any loss
or damage whether arising directly or indirectly from the late
delivery or short delivery of the Goods. If short delivery does
take place, the Buyer undertakes not to reject the Goods but
to accept the Goods delivered as part performance of the contract.
7.4 If the Buyer fails to take delivery of the Goods on the
agreed delivery date or, if no specific delivery date has been
agreed, when the Goods are ready for despatch, the Seller shall
be entitled to store and insure the Goods and to charge the
Buyer the reasonable costs of so doing.
8. Acceptance of the Goods
8.1 The Buyer shall be deemed to have accepted the Goods [48
hours] after delivery to the Buyer.
8.2 The Buyer shall carry out a thorough inspection of the
Goods within [48 hours] of delivery and shall give written notification
to the Seller within 5 working days of delivery of the Goods
of any defects which a reasonable examination would have revealed.
8.3 Where the Buyer has accepted, or has been deemed to have
accepted, the Goods the Buyer shall not be entitled to reject
Goods which are not in accordance with the contract.
9. Title and risk
9.1 Risk shall pass on delivery of the Goods to the Buyer's
address.
9.2 Notwithstanding the earlier passing of risk, title in the
Goods shall remain with the Seller and shall not pass to the
Buyer until the amount due under the invoice for them (including
interest and costs) has been paid in full.
9.3 Until title passes the Buyer shall hold the Goods as bailee
for the Seller and shall store or mark them so that they can
at all times be identified as the property of the Seller.
9.4 The Seller may at any time before title passes and without
any liability to the Buyer:
9.4.1 repossess and dismantle and use or sell all or any of
the Goods and by doing so terminate the Buyer's right to use,
sell or otherwise deal in them; and
9.4.2 for that purpose (or determining what if any Goods are
held by the Buyer and inspecting them) enter any premises of
or occupied by the Buyer.
9.5 The Seller may maintain an action for the price of any
Goods notwithstanding that title in them has not passed to the
Buyer.
10. Carriage of Goods
Carriage will be chargeable on all sales if this is stated
on the Seller's order confirmation.
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