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Peridot Digital Limited TERMS AND CONDITIONS OF SALE
Definitions
a) The “Buyer” means the account applicantor person who accepts a quotation off the Seller or whose order
for the Goods is accepted by the Seller.
b) The “Seller” means PeridotDigital via any of its associated web-sites and businesses.
c) “Conditions”means the conditions of salesetout in this document and any special and/or additional
conditions agreed in writingby the Seller.
d) “Good” or “Goods” means the goods (includingany instalmentof goods or any parts for them), which the
Seller is to supply in accordancewith these Conditions.
e) “Writing”includes facsimiletransmission,email and other comparablemeans of communication.
f) “Including”and “in particular”shall beconstrued as not limitingany general words or expressions in
conjunction with which either of those expressions is used.
Conditions
a) These conditions shall apply to all contracts for saleof Goods by the Seller to the Buyer to the exclusion of
all other terms and conditions includingany which the Buyer may purport to apply under any purchaseorder,
confirmation of order or any such similardocument.
b) Where the Seller has agreed to providethe Buyer with system design, installation or other consultancy
services,then the provision of such services shall begoverned by the Seller’s separateConditions for the
Provision of Services,a copy of which shall besupplied to the Buyer.
c) No variation or addition to these Conditions shall beeffective unless agreed in Writingby the Seller.
d) The Seller’s employees or agents arenot authorised to make any representations concerningthe Goods
unless confirmed by the Seller in Writingand in entering into the contractthe Buyer acknowledges that itdoes
not rely on any such representations which arenot so confirmed.
e) Any typographical,clerical or other error or omission in any sales literature,quotation,pricelist,acceptance
of offer, invoiceor other document or information issued by the Seller shall be subjectto correction without
any liability on the partof the Seller and without any prior notification.The views and opinions expressed in
any sales literatureor on the Seller’s website are the views of the contributors and should notbe taken
necessarily asfact.
f) No contractfor the saleof Goods shall ariseuntil the Seller dispatches the Goods to the Buyer or the Buyer
notifies the Seller in writingof its acceptanceof the Seller’s quotation (whichever shall firstoccur).
g) Acceptance of delivery of Goods shall bedeemed conclusiveevidenceof the Buyer’s acceptanceof these
Conditions.
h) Nothing in these Conditions shall affectthe statutory rights of any consumer.
Prices
a) The priceshall bethat on the Seller’s currentlistpriceor as otherwise agreed in writingby the Seller and the
Buyer should confirmprices (includingany promotional prices and special offers) atthe time of ordering. All
special offers arestrictly subjectto availability.
b) The Seller reserves the right to reviseprices prior to dispatch of Goods to reflect any indirector direct
increasein costs to the Seller but if the pricehas been paid in full prior to dispatch no pricerevision may take
placewithout the prior written agreement of the Buyer.
c) All prices areexclusiveof VAT and charges for packing,postageand carriageshall bepaid in addition.
d) Website pricingmay differ to sales literaturepricing.
Payment
a) Credit accounts are not available;all goods aresold on a pre-payment basis.
b) Payment must be made in full before dispatch of any Goods.
c) Payment may be made by cash,cheque, visa,MasterCard,switch and directbank transfer.Customers will be
required to provide a guarantee card for cheque payments. With cheque or bank transfer payments, goods will
not be dispatched until funds have been cleared.
d) Time for payment shall beof the essence and any failureto pay shall entitlethe Seller at his option to treat
the contractas repudiated by the Buyer, to delay delivery until paid or appropriateany payment made by the
Buyer to such of the Goods as the Seller may think fitnotwithstandingany purported appropriation by the
Buyer (without prejudiceto any other remedy that the Seller may have). Receipts for payment shall beissued
only on request.
e) Buyers orderingitems which are normally notstocked by the Seller (special order),must be paid in full
before Goods aresourced. Once Goods are sourced and ordered cancellation or refund is not possible.
Invoices
a) All invoices shall bepaid in full,free from any deduction for any set-off, counterclaimor otherwise
howsoever.
Delivery
a) Whilstevery reasonableeffort shall bemade to keep to any estimated delivery date, time of delivery shall
not be of the essence and the Seller shall notbe liablefor any losses,costs,damages or expenses incurred by
the Buyer or any other person or Company arisingdirectly or indirectly outof any failureto meet any
estimated delivery date. The Goods may be delivered by the Seller in advance of the quoted delivery date
upon givingreasonablenoticeto the Buyer.
b) Notification of delivery may be made by telephone call/message,email and fax or by post on the due date.
c) A carrier’s firstattempt to deliver shall beconsidered as the delivery date and unless otherwiseagreed in
writingby the Seller all deliveries can takeplaceup until 6 pm.
d) Unless otherwise agreed the Seller may deliver by instalments and in such caseeach instalmentshall be
treated as a separate contractand any delay,default or non-delivery in respect of any instalmentby the Seller
shall notentitle the Buyer to cancel the remainder of the contract.
e) Failureby the Buyer to pay for any instalments or delivery when due shall entitlethe Seller to withhold any
further deliveries and the Buyer shall beliablefor any costs incurred by the Seller relatingto such Goods.
f) Delivery of the Goods shall bemade to the Buyer’s address and the Buyer shall makearrangements
necessary to take delivery of the Goods whenever they are tendered for delivery.
g) If the Buyer failsto take delivery of the Goods or fails to give the Seller adequate delivery instructionsatthe
time stated for delivery (otherwise than by reason of any causebeyond the Buyer’s rea sonablecontrol) then,
without prejudiceto any other right or remedy availableto the Seller,the Seller may:
g1) store the Goods until actual delivery and chargethe Buyer for the reasonablecosts (includinginsurance) of
storage; or
g2) sell the Goods at the best pricereadily obtainableand (after deducting all reasonablestorageand selling
expenses) accountto the Buyer for the excess over the priceunder the contractor chargethe Buyer for any
shortfall belowthe priceof the contract.
h) The method of dispatch for all sales shall beatthe Seller’s discretion....
h1) all delivery charges quoted arein respect of UK Mainland addresses only,for offshoreaddresses such as
the Isle-of-White,Isle-of-Man and the Scottish Islands.
h2) Deliveries to Europe or other international destinationswill bebased on final destination,weight and
measurements of the outer packagingand will befinalized and advised prior to dispatch of goods.
I) The Seller’s delivery charges and the timingof all deliveries shall beas published from time to time. Any
promotional offers in respect of delivery charges shall only apply to UK mainland.
j) A delivery insurancecharge,as published fromtime to time, shall/may beadded to orders at the Seller’s
discretion and is non-refundable.
Ownership and Risk
a) The risk in Goods shall passto the Buyer upon delivery of the Goods or upon the Goods being appropriated
to the Buyer but kept at the Seller’s premises at the Buyer’s request.
b) The Seller remains the owner of the Goods affected by the contract until the Seller has been paid in full in
cash or cleared funds for such Goods and all other Goods agreed to be sold by the Seller to the Buyer for which
payment is due.
c) Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold theGoods as the
Seller’s fiduciary agentand shall keep the Goods separatefrom those of the Buyer and third parties and
properly stored, protected and insured and identified as the Seller’s property.
d) If any payment due under these Conditions is overdue in whole or in part, the Seller may without prejudice
to any of its other rights recover and/or re-sell the Goods or any of them and may enter on the Buyer’s
premises by its servants or agents to recover the Goods and the Buyer shall beliablefor all theSeller’s costs of
so doing.
e) The Buyer shall notbe entitled to pledge or in any way charge by way of security for any indebtedness any
of the Goods which remain the property of the Seller,but if the Buyer does s o all moneys owing by the Buyer
to the Seller shall (withoutprejudiceto any other rightor remedy of the Seller) immediately become due and
payable.
Warranties and Liabilities
a) Subject to the conditions setout below the Seller warrants that the Goods will atthe time of delivery
correspond to the description given by the Seller.
b) The above warranty is given by the Seller subjectto the followingconditions:
b1) the Seller shall beunder no liability in respectof any defect in the Goods arisingfromany drawing,design
or specification supplied by the Buyer;
b2) the Seller shall notbe under liability in respectof any defect arisingfromfair wear and tear, wilful damage,
negligence, abnormal workingconditions,failureto followthe Seller’s instructions(whether oral or in writing),
misuseor alteration or repair of the Goods without the Seller’s written approval;
b3) the Seller shall beunder no liability under the above warranty (or any other warranty,conditions or
guarantee) if the total pricefor the Goods has not been paid by the due date for payment;
b4) Where the Goods arecovered by manufacturer’s warranties,details of which will besupplied to the Buyer
on delivery of the Goods the Buyer shall only beentitled to the benefit of such warranties or guarantees as are
given by the manufacturer to the Seller.
c) Subject as expressly provided in these conditions and except where the Buyer is dealingas a consumer (as
defined in the Unfair ContractTerms Act 1977,section 12) all warranties,conditions,or other terms implied by
statute, common lawor otherwise are excluded to the fullestextent permitted by the law.
d) Where Goods aresold to a consumer (as defined by the Consumer Transactions (Restrictionson
Statements) Order 1976) the statutory rights of the Buyer are not affected by these Conditions.
e) Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall notbe hel d
responsiblefor any incompatibility issues or held liableto the Buyer by reason of any representation (unless
fraudulent) or any implied warranty,condition,or other term or any duty at common lawor under the express
terms of the contract, for any indirect,special or consequential lossor damage, costs,expenses or other claims
for compensation whatsoever (whether caused by negligence of the Seller, its employees or agents or
otherwise) which ariseoutof or in connection with the supply of the Goods or their use or resaleby the Buyer
including,withoutlimitation,losses or damages of the types listed below:-
e1) loss of profit; and/or
e2) loss of anticipated savings.
e3) loss of business and/or goods;and/or
e4) loss of revenue; and/or
e5) loss of contract; and/or
e6) loss of goodwill;and/or
e7) loss of use; and/or
e8) loss and/or corruption of data and/or other information;and/or
e9) downtime; and/or
e10) any damage relatingto the procurement by you of any substitute hardwareor software.
e11) the entire liability of the Seller under or in connection with the contract shall notexceed the priceof the
Goods, except as expressly provided in these Conditions.
Returns/Cancellations/Replacements
a) Subject to clause(Insolvency of Buyer), no contract shall becancelled onceaccepted by the Seller nor shall
any Goods which are delivered in accordancewith the contract be returned without prior written approval of
the Seller and on terms to be determined at the absolutediscretion of the Seller...
a1) unless the Seller at its discretion decides otherwise,if the Seller agrees to accept the return of any such
Goods then:
a2) A Goods return number must be obtained from the Seller and be clearly shown on the returned parcels
and should be returned with the original manufacturer’s packaging(which shall notbe defaced) complete with
accessories,manualsand documentation. Software packages must be returned unopened with the software
seal intact.Except in the caseof faulty Goods, returned items not complyingwith these requirements will be
rejected.
a3) the Buyer will beliablefor the cost of remedying any damage to the Goods returned where such damage
has,in the opinion of the Seller,been caused by the Goods being inadequately packaged by the Buyer or
through the Buyer’s fault.
a4) Where the Seller accepts the return of Goods, the Seller reserves the right to make a handlingand
restockingcharge of 25% on Goods which are returned if they were ordered in error or areno longer required
by the Buyer, unless return is arranged under the DistanceSellingRegulations within 7 days (seea11)
a5) Any claimby the Buyer which is based on any defect in the quality or condition of the Goods or their fail ure
to correspond with the specification shall (whether or not delivery is refused by the Buyer) be notified to the
Seller within 5 days from the date of delivery or (where the defect or failurewas notapparent on reasonable
inspection) within a reasonabletime after discovery of the defect or failure.If delivery is notrefused and the
Buyer does not notify the Seller accordingly,theBuyer shall notbe entitled to reject the Goods and the Seller
shall haveno liability for such defect or failure,and the Buyer shall bebound to pay the priceas if the Goods
had been delivered in accordancewith the terms of the contract.
a6) Where any valid claimin respectof any of the Goods which is based on any defect in the quality or
conditions of the Goods or their failureto meet specification is notified to the Seller in accordancewith these
conditions,the Seller shall beentitled to replacethe Goods (or any partthereof) free of chargeor at the
Seller’s solediscretion,refund to the Buyer the priceof the Goods (or a proportionatepart of the price),but
the Seller shall haveno further liability to the Buyer.
a7) The Seller shall notgive any credit for returned Goods where the Seller deems the Goods not to be faulty
unless otherwiseagreed in writingby the Seller.
a8) Any Goods in respect of which any claimof defect or damage is made by the Buyer shall bepreserved by
the Buyer intacttogether with the original packagingatthe Buyer’s risk and shall atthe request of the Seller
be:
a9) retained by the Buyer for a reasonableperiod to enable the Seller or its agent to inspectthe Goods; or
collected from the Buyer by the Seller if the Goods aredefective.
a10) Goods not featured in the Seller’s catalogueare not being subjectto the normal returns poli cy and
instructions for return should be confirmed with the Seller before returning the Goods.
a11) In linewith the DistanceSellingRegulations (DSR) you may return an item if you have changed your mind
provided you tell us of your decision within 7 workingdays,startingthe day after the day of delivery. The item
must not be used and must be 'as new' when returned to us. Once you have told us that you wish to return
goods under the DSR, you have 28 calendar days to do so,at your own expense. We will i ssuea full refund for
the product to your original paymentmethod within 30 days of cancellation.Pleasenote this policy has some
limitations and does notapply to business or trade customers or in the caseof 'Special Orders' where the
Buyer has requested the Seller to obtain an item(s) not normally stocked by the seller.
Insolvency of Buyer
a) This clauseapplies if:
a1) the Buyer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes
bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise
than for the purposes of amalgamation or reconstruction);or
a2) an encumbrance takes possession,or a receiver is appointed of any of the property or assets of the Buyer;
or
a3) the Seller reasonably apprehends thatany of the events mentioned above is about to occur in relation to
the Buyer and notifies the Buyer accordingly.
b) If this clauseapplies then without prejudiceto any other right or remedy availableto the Sell er,the Seller
shall beentitled to cancel the contractor suspend any further deliveries under the contract without any
liability to the Buyer and if the Goods have been delivered but not paid for, the priceshall become
immediately due and payablenotwithstandingany previous agreement or arrangement to the contrary.
Customer Service queries
a) The Seller shall makeevery reasonableeffort to resolveor acknowledge by post, telephone or email any
queries, which the Buyer has made within 2 working days of receipt of any such query.
b) The Seller shall makeevery reasonableendeavour to respond to complaints within 5 workingdays and keep
the Buyer reasonably notified of any progress thereafter.
c) Telephone calls madeto and by the Seller may be recorded for trainingpurposes.
Trademarks and Accreditation
a) The Seller and Buyer acknowledge the intellectual property rights of suppliers and manufacturers of the
products appearingin the Seller’s sales literatureand on the Seller’s website.
Force Majeure
a) The Seller shall notbe liableto the Buyer or be deemed to be in breach of the contractby reason of any
delay in performing or any failureto perform any of the Seller’s obligations in respectof the Goods, if the delay
or failurewas dueto any causebeyond the Seller’s reasonablecontrol.Withoutprejudiceto the generality of
the foregoing, the followingshall beregarded as causes beyond the Seller’s reasonablecontrol:
a1) act of God, explosion,flood,tempest, fireor accident;
a2) war, threat of war, sabotage, insurrection,civil disturbanceor requisition;
a3) acts,restrictions,regulations,bye-laws,prohibitionsor measures of any kind on the partof any
governmental, parliamentary or local authority;
a4) import or export regulations or embargoes;
a5) strikes,lock-outs or other industrial actionsor tradedisputes (whether involvingemployees of the Seller or
of a third party);
a6) difficulty in obtainingmaterials,labour or machinery;and
a7) power failureor breakdown in machinery.
Group Company
a) The Seller may sharea Buyer’s information with other companies in the group and other third parties.The
Buyer may be contacted or sent information in respect of further goods and services a vailableand should
informthe Seller in writingin the event that the Buyer does not wish this to receive this.
Third Party (Rights) Act 1999
a) The parties hereby exclude the application of the Contracts (rights of Third Parties) Act 1999 to each and
every contractmade under these Conditions.
No Waiver
a) The Seller’s failureto insistupon strictperformance of any provision of these Conditions shall notbe
deemed a waiver of its rights or remedies in respect of any present or future default of the Buyer in
performance or compliancewith any of these Conditions.
Notice
a) Any notice required or permitted to be given by either party to the other under these Conditions shall bein
Writingaddressed to the other party at its registered office or principal placeof business or such other address
as may at the relevant time have been notified pursuantto this provision to the party givingnotice.
b) Notice shall bedelivered personally or sentby firstclassprepaid recorded delivery of by registered post
(airmail if overseas) or by facsimiletransmission and shall bedeemed to be given in the caseof delivery
personally on delivery and in the caseof posting(in the absence of evidence of earlier receipt) 48 hours after
posting(six days if sentby airmail) and in thecaseof facsimiletransmission on completion of the transmission
provided that the sender shall havereceived printed confirmation of transmission.
Enforceability
a) If any provision of these Conditions is held by any competent authority to be invalid or unenforceablein
whole or in part the validity of the other provision of these Conditions and the remainder of the provision in
question shall notbe affected.
Dispute
a) In the event of a dispute between the Buyer and the Seller,shoul d the Seller in writingrequire, the Buyer
agrees to submit to the jurisdiction in accordancewith the Arbitration Act 1996 for the time being in force as a
legally bindingalternativeto court action.
Jurisdiction
a) The contractshall begoverned by the laws of England and the Buyer agrees to submitto the non-
exclusivejurisdiction of the English courts.
Peridot Digital Limited Standard PC Warranty
STANDARD COVER
Terms
Peridot Digital Limited warrants that any computer system sold by Peridot Digital Limited (includingthe CPU
baseunit, keyboard, mouse, Microsoftoperatingsystem and other software applications(if any) supplied as an
integral partof the system but excludingany and all Accessories asdefined below) (“the System”) will befree
from defects in materials and workmanship for a period of one year beginningon the date of Peridot Digital
Limited invoice(“the Initial Warranty Period”),subjectto the conditions and limitationsdescribed below. This
does not apply to 'Refurbished or Rebuiltor Second-hand' products which carry a limited warranty as stated at
time of purchase.
b) Subject to the conditions and limitationssetout below, you are entitled to full parts and labour cover in
respect of System defects as per each manufacturers guarantee/warranty of 1, 2 or maybe 3 years.The
promises made in clausea) and this clause2) shall hereafter be referred to as “the Warranty”.
c) This Warranty only applies to purchases madein the United Kingdom.
d) Should a faultin a system occur during the warranty period, the buyer should followthe instructions setout
by the manufacturer by advisingthemanufacturer of the faultand awaitingcollection or return the system to
the manufacturers servicecentre. Returning the system to Peridotdigital Limited will only causea delay in
completing repairs/replacementas Peridot digital Limited will also haveto forward the system to the
manufacturer concerned, this will incur further postal/carriagecharges.
The Warranty
a) The Warranty covers normal useand excludes cover for damage resultingfrom: -
a1) Return shipment by you to the manufacturers servicecentre
a2) your failureto provide a suitableinstallation or operatingenvironment for the System
a3) impactwith other objects, dropping,falls,spilled liquidsor immersion in liquids
a4) servicingof the System not carried outor authorised by the manufacturer
a5) usage not in accordancewith the user instructions provided with the System
a6) failureto perform required preventive maintenance
a7) accident,abuse, misuseor neglect
a8) natural disasters such as flood fireor lightning
a9) problems with electrical power such as power surges and
a10) the use of parts,components, services or software not supplied by the manufacturer.
b) This Warranty does not cover damage resultingfrom failureto back up data or other files,nor does it cover
damage caused by programs, data,viruses or other files.Peridotdigital Limited is notresponsiblefor any loss
of your data and recommends that you maintain a back-up system at all times to rebuild or reconstruct lostor
altered files,data or programs.
c) Warranty cover will notapply in the event the serial number has been removed, altered or defaced.
d) Peridot digital Limited makes no representations or warranties,express or implied,with respect to services
provided by Internet serviceproviders (ISPs).This includes their ability to provideservices,their ability to work
with any system supplied by Peridot digital Limited,interruption of service,or their ability to sustain such
services over extended periods of time. Peridotdigital Limited is not affiliated with providers of such services
and is not responsiblefor their actions or inactions.
e) This Warranty does not cover any items in the followingcategories;software not supplied as an integral part
of the System, joysticks,printers,scanners,speakers,cameras (collectively “Accessories”) nor any other parts,
hardwareor software not supplied by the manufacturer. Any Accessories supplied by Peridotdigital Limited
are covered only by their manufacturers warranties (if any) details of which were supplied to you on delivery
of the System.
f) Except as expressly setout in these conditions,Peridotdigital Limited gives no other warranties,expressed
or implied,including,without limitation,any warranties of satisfactory quality or fitness for a particular
purpose, and Peridot digital Limited expressly disclaims all warranties notstated herein.
Returns/Replacements/Repairs
a) Goods delivered defective or damaged should be reported to Peridot digital Limited immediately and on
return of the defective/damaged product a replacement or refund will beissued.
b) Computer systems,laptops,TVs, monitors,DVD player/recorders etc., that develop a faultduringthe
warranty period, should be notified to the manufacturer concerned so that on-site repair,collection or return
to the manufacturer's servicecentre can be arranged.
c) When returning defective goods under warranty pleaseensure you have valid proof of the date of your
original purchase.
d) In the event of a hard drivebeing replaced, the System will berestored to its original configuration when
purchased.Any repairs/servicingcarried out by a manufacturer does not includedata back up and/or data
restoration.

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Peridot Digital Limited TERMS AND CONDITIONS OF SALE

  • 1. Peridot Digital Limited TERMS AND CONDITIONS OF SALE Definitions a) The “Buyer” means the account applicantor person who accepts a quotation off the Seller or whose order for the Goods is accepted by the Seller. b) The “Seller” means PeridotDigital via any of its associated web-sites and businesses. c) “Conditions”means the conditions of salesetout in this document and any special and/or additional conditions agreed in writingby the Seller. d) “Good” or “Goods” means the goods (includingany instalmentof goods or any parts for them), which the Seller is to supply in accordancewith these Conditions. e) “Writing”includes facsimiletransmission,email and other comparablemeans of communication. f) “Including”and “in particular”shall beconstrued as not limitingany general words or expressions in conjunction with which either of those expressions is used. Conditions a) These conditions shall apply to all contracts for saleof Goods by the Seller to the Buyer to the exclusion of all other terms and conditions includingany which the Buyer may purport to apply under any purchaseorder, confirmation of order or any such similardocument. b) Where the Seller has agreed to providethe Buyer with system design, installation or other consultancy services,then the provision of such services shall begoverned by the Seller’s separateConditions for the Provision of Services,a copy of which shall besupplied to the Buyer. c) No variation or addition to these Conditions shall beeffective unless agreed in Writingby the Seller. d) The Seller’s employees or agents arenot authorised to make any representations concerningthe Goods unless confirmed by the Seller in Writingand in entering into the contractthe Buyer acknowledges that itdoes not rely on any such representations which arenot so confirmed. e) Any typographical,clerical or other error or omission in any sales literature,quotation,pricelist,acceptance of offer, invoiceor other document or information issued by the Seller shall be subjectto correction without any liability on the partof the Seller and without any prior notification.The views and opinions expressed in any sales literatureor on the Seller’s website are the views of the contributors and should notbe taken necessarily asfact. f) No contractfor the saleof Goods shall ariseuntil the Seller dispatches the Goods to the Buyer or the Buyer notifies the Seller in writingof its acceptanceof the Seller’s quotation (whichever shall firstoccur). g) Acceptance of delivery of Goods shall bedeemed conclusiveevidenceof the Buyer’s acceptanceof these Conditions. h) Nothing in these Conditions shall affectthe statutory rights of any consumer. Prices a) The priceshall bethat on the Seller’s currentlistpriceor as otherwise agreed in writingby the Seller and the Buyer should confirmprices (includingany promotional prices and special offers) atthe time of ordering. All special offers arestrictly subjectto availability. b) The Seller reserves the right to reviseprices prior to dispatch of Goods to reflect any indirector direct increasein costs to the Seller but if the pricehas been paid in full prior to dispatch no pricerevision may take placewithout the prior written agreement of the Buyer. c) All prices areexclusiveof VAT and charges for packing,postageand carriageshall bepaid in addition. d) Website pricingmay differ to sales literaturepricing. Payment a) Credit accounts are not available;all goods aresold on a pre-payment basis. b) Payment must be made in full before dispatch of any Goods. c) Payment may be made by cash,cheque, visa,MasterCard,switch and directbank transfer.Customers will be required to provide a guarantee card for cheque payments. With cheque or bank transfer payments, goods will not be dispatched until funds have been cleared. d) Time for payment shall beof the essence and any failureto pay shall entitlethe Seller at his option to treat the contractas repudiated by the Buyer, to delay delivery until paid or appropriateany payment made by the Buyer to such of the Goods as the Seller may think fitnotwithstandingany purported appropriation by the Buyer (without prejudiceto any other remedy that the Seller may have). Receipts for payment shall beissued only on request. e) Buyers orderingitems which are normally notstocked by the Seller (special order),must be paid in full before Goods aresourced. Once Goods are sourced and ordered cancellation or refund is not possible.
  • 2. Invoices a) All invoices shall bepaid in full,free from any deduction for any set-off, counterclaimor otherwise howsoever. Delivery a) Whilstevery reasonableeffort shall bemade to keep to any estimated delivery date, time of delivery shall not be of the essence and the Seller shall notbe liablefor any losses,costs,damages or expenses incurred by the Buyer or any other person or Company arisingdirectly or indirectly outof any failureto meet any estimated delivery date. The Goods may be delivered by the Seller in advance of the quoted delivery date upon givingreasonablenoticeto the Buyer. b) Notification of delivery may be made by telephone call/message,email and fax or by post on the due date. c) A carrier’s firstattempt to deliver shall beconsidered as the delivery date and unless otherwiseagreed in writingby the Seller all deliveries can takeplaceup until 6 pm. d) Unless otherwise agreed the Seller may deliver by instalments and in such caseeach instalmentshall be treated as a separate contractand any delay,default or non-delivery in respect of any instalmentby the Seller shall notentitle the Buyer to cancel the remainder of the contract. e) Failureby the Buyer to pay for any instalments or delivery when due shall entitlethe Seller to withhold any further deliveries and the Buyer shall beliablefor any costs incurred by the Seller relatingto such Goods. f) Delivery of the Goods shall bemade to the Buyer’s address and the Buyer shall makearrangements necessary to take delivery of the Goods whenever they are tendered for delivery. g) If the Buyer failsto take delivery of the Goods or fails to give the Seller adequate delivery instructionsatthe time stated for delivery (otherwise than by reason of any causebeyond the Buyer’s rea sonablecontrol) then, without prejudiceto any other right or remedy availableto the Seller,the Seller may: g1) store the Goods until actual delivery and chargethe Buyer for the reasonablecosts (includinginsurance) of storage; or g2) sell the Goods at the best pricereadily obtainableand (after deducting all reasonablestorageand selling expenses) accountto the Buyer for the excess over the priceunder the contractor chargethe Buyer for any shortfall belowthe priceof the contract. h) The method of dispatch for all sales shall beatthe Seller’s discretion.... h1) all delivery charges quoted arein respect of UK Mainland addresses only,for offshoreaddresses such as the Isle-of-White,Isle-of-Man and the Scottish Islands. h2) Deliveries to Europe or other international destinationswill bebased on final destination,weight and measurements of the outer packagingand will befinalized and advised prior to dispatch of goods. I) The Seller’s delivery charges and the timingof all deliveries shall beas published from time to time. Any promotional offers in respect of delivery charges shall only apply to UK mainland. j) A delivery insurancecharge,as published fromtime to time, shall/may beadded to orders at the Seller’s discretion and is non-refundable. Ownership and Risk a) The risk in Goods shall passto the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller’s premises at the Buyer’s request. b) The Seller remains the owner of the Goods affected by the contract until the Seller has been paid in full in cash or cleared funds for such Goods and all other Goods agreed to be sold by the Seller to the Buyer for which payment is due. c) Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold theGoods as the Seller’s fiduciary agentand shall keep the Goods separatefrom those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property. d) If any payment due under these Conditions is overdue in whole or in part, the Seller may without prejudice to any of its other rights recover and/or re-sell the Goods or any of them and may enter on the Buyer’s premises by its servants or agents to recover the Goods and the Buyer shall beliablefor all theSeller’s costs of so doing. e) The Buyer shall notbe entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller,but if the Buyer does s o all moneys owing by the Buyer to the Seller shall (withoutprejudiceto any other rightor remedy of the Seller) immediately become due and payable.
  • 3. Warranties and Liabilities a) Subject to the conditions setout below the Seller warrants that the Goods will atthe time of delivery correspond to the description given by the Seller. b) The above warranty is given by the Seller subjectto the followingconditions: b1) the Seller shall beunder no liability in respectof any defect in the Goods arisingfromany drawing,design or specification supplied by the Buyer; b2) the Seller shall notbe under liability in respectof any defect arisingfromfair wear and tear, wilful damage, negligence, abnormal workingconditions,failureto followthe Seller’s instructions(whether oral or in writing), misuseor alteration or repair of the Goods without the Seller’s written approval; b3) the Seller shall beunder no liability under the above warranty (or any other warranty,conditions or guarantee) if the total pricefor the Goods has not been paid by the due date for payment; b4) Where the Goods arecovered by manufacturer’s warranties,details of which will besupplied to the Buyer on delivery of the Goods the Buyer shall only beentitled to the benefit of such warranties or guarantees as are given by the manufacturer to the Seller. c) Subject as expressly provided in these conditions and except where the Buyer is dealingas a consumer (as defined in the Unfair ContractTerms Act 1977,section 12) all warranties,conditions,or other terms implied by statute, common lawor otherwise are excluded to the fullestextent permitted by the law. d) Where Goods aresold to a consumer (as defined by the Consumer Transactions (Restrictionson Statements) Order 1976) the statutory rights of the Buyer are not affected by these Conditions. e) Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall notbe hel d responsiblefor any incompatibility issues or held liableto the Buyer by reason of any representation (unless fraudulent) or any implied warranty,condition,or other term or any duty at common lawor under the express terms of the contract, for any indirect,special or consequential lossor damage, costs,expenses or other claims for compensation whatsoever (whether caused by negligence of the Seller, its employees or agents or otherwise) which ariseoutof or in connection with the supply of the Goods or their use or resaleby the Buyer including,withoutlimitation,losses or damages of the types listed below:- e1) loss of profit; and/or e2) loss of anticipated savings. e3) loss of business and/or goods;and/or e4) loss of revenue; and/or e5) loss of contract; and/or e6) loss of goodwill;and/or e7) loss of use; and/or e8) loss and/or corruption of data and/or other information;and/or e9) downtime; and/or e10) any damage relatingto the procurement by you of any substitute hardwareor software. e11) the entire liability of the Seller under or in connection with the contract shall notexceed the priceof the Goods, except as expressly provided in these Conditions. Returns/Cancellations/Replacements a) Subject to clause(Insolvency of Buyer), no contract shall becancelled onceaccepted by the Seller nor shall any Goods which are delivered in accordancewith the contract be returned without prior written approval of the Seller and on terms to be determined at the absolutediscretion of the Seller... a1) unless the Seller at its discretion decides otherwise,if the Seller agrees to accept the return of any such Goods then: a2) A Goods return number must be obtained from the Seller and be clearly shown on the returned parcels and should be returned with the original manufacturer’s packaging(which shall notbe defaced) complete with accessories,manualsand documentation. Software packages must be returned unopened with the software seal intact.Except in the caseof faulty Goods, returned items not complyingwith these requirements will be rejected. a3) the Buyer will beliablefor the cost of remedying any damage to the Goods returned where such damage has,in the opinion of the Seller,been caused by the Goods being inadequately packaged by the Buyer or through the Buyer’s fault. a4) Where the Seller accepts the return of Goods, the Seller reserves the right to make a handlingand restockingcharge of 25% on Goods which are returned if they were ordered in error or areno longer required by the Buyer, unless return is arranged under the DistanceSellingRegulations within 7 days (seea11)
  • 4. a5) Any claimby the Buyer which is based on any defect in the quality or condition of the Goods or their fail ure to correspond with the specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 5 days from the date of delivery or (where the defect or failurewas notapparent on reasonable inspection) within a reasonabletime after discovery of the defect or failure.If delivery is notrefused and the Buyer does not notify the Seller accordingly,theBuyer shall notbe entitled to reject the Goods and the Seller shall haveno liability for such defect or failure,and the Buyer shall bebound to pay the priceas if the Goods had been delivered in accordancewith the terms of the contract. a6) Where any valid claimin respectof any of the Goods which is based on any defect in the quality or conditions of the Goods or their failureto meet specification is notified to the Seller in accordancewith these conditions,the Seller shall beentitled to replacethe Goods (or any partthereof) free of chargeor at the Seller’s solediscretion,refund to the Buyer the priceof the Goods (or a proportionatepart of the price),but the Seller shall haveno further liability to the Buyer. a7) The Seller shall notgive any credit for returned Goods where the Seller deems the Goods not to be faulty unless otherwiseagreed in writingby the Seller. a8) Any Goods in respect of which any claimof defect or damage is made by the Buyer shall bepreserved by the Buyer intacttogether with the original packagingatthe Buyer’s risk and shall atthe request of the Seller be: a9) retained by the Buyer for a reasonableperiod to enable the Seller or its agent to inspectthe Goods; or collected from the Buyer by the Seller if the Goods aredefective. a10) Goods not featured in the Seller’s catalogueare not being subjectto the normal returns poli cy and instructions for return should be confirmed with the Seller before returning the Goods. a11) In linewith the DistanceSellingRegulations (DSR) you may return an item if you have changed your mind provided you tell us of your decision within 7 workingdays,startingthe day after the day of delivery. The item must not be used and must be 'as new' when returned to us. Once you have told us that you wish to return goods under the DSR, you have 28 calendar days to do so,at your own expense. We will i ssuea full refund for the product to your original paymentmethod within 30 days of cancellation.Pleasenote this policy has some limitations and does notapply to business or trade customers or in the caseof 'Special Orders' where the Buyer has requested the Seller to obtain an item(s) not normally stocked by the seller. Insolvency of Buyer a) This clauseapplies if: a1) the Buyer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction);or a2) an encumbrance takes possession,or a receiver is appointed of any of the property or assets of the Buyer; or a3) the Seller reasonably apprehends thatany of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly. b) If this clauseapplies then without prejudiceto any other right or remedy availableto the Sell er,the Seller shall beentitled to cancel the contractor suspend any further deliveries under the contract without any liability to the Buyer and if the Goods have been delivered but not paid for, the priceshall become immediately due and payablenotwithstandingany previous agreement or arrangement to the contrary. Customer Service queries a) The Seller shall makeevery reasonableeffort to resolveor acknowledge by post, telephone or email any queries, which the Buyer has made within 2 working days of receipt of any such query. b) The Seller shall makeevery reasonableendeavour to respond to complaints within 5 workingdays and keep the Buyer reasonably notified of any progress thereafter. c) Telephone calls madeto and by the Seller may be recorded for trainingpurposes. Trademarks and Accreditation a) The Seller and Buyer acknowledge the intellectual property rights of suppliers and manufacturers of the products appearingin the Seller’s sales literatureand on the Seller’s website. Force Majeure a) The Seller shall notbe liableto the Buyer or be deemed to be in breach of the contractby reason of any delay in performing or any failureto perform any of the Seller’s obligations in respectof the Goods, if the delay
  • 5. or failurewas dueto any causebeyond the Seller’s reasonablecontrol.Withoutprejudiceto the generality of the foregoing, the followingshall beregarded as causes beyond the Seller’s reasonablecontrol: a1) act of God, explosion,flood,tempest, fireor accident; a2) war, threat of war, sabotage, insurrection,civil disturbanceor requisition; a3) acts,restrictions,regulations,bye-laws,prohibitionsor measures of any kind on the partof any governmental, parliamentary or local authority; a4) import or export regulations or embargoes; a5) strikes,lock-outs or other industrial actionsor tradedisputes (whether involvingemployees of the Seller or of a third party); a6) difficulty in obtainingmaterials,labour or machinery;and a7) power failureor breakdown in machinery. Group Company a) The Seller may sharea Buyer’s information with other companies in the group and other third parties.The Buyer may be contacted or sent information in respect of further goods and services a vailableand should informthe Seller in writingin the event that the Buyer does not wish this to receive this. Third Party (Rights) Act 1999 a) The parties hereby exclude the application of the Contracts (rights of Third Parties) Act 1999 to each and every contractmade under these Conditions. No Waiver a) The Seller’s failureto insistupon strictperformance of any provision of these Conditions shall notbe deemed a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliancewith any of these Conditions. Notice a) Any notice required or permitted to be given by either party to the other under these Conditions shall bein Writingaddressed to the other party at its registered office or principal placeof business or such other address as may at the relevant time have been notified pursuantto this provision to the party givingnotice. b) Notice shall bedelivered personally or sentby firstclassprepaid recorded delivery of by registered post (airmail if overseas) or by facsimiletransmission and shall bedeemed to be given in the caseof delivery personally on delivery and in the caseof posting(in the absence of evidence of earlier receipt) 48 hours after posting(six days if sentby airmail) and in thecaseof facsimiletransmission on completion of the transmission provided that the sender shall havereceived printed confirmation of transmission. Enforceability a) If any provision of these Conditions is held by any competent authority to be invalid or unenforceablein whole or in part the validity of the other provision of these Conditions and the remainder of the provision in question shall notbe affected. Dispute a) In the event of a dispute between the Buyer and the Seller,shoul d the Seller in writingrequire, the Buyer agrees to submit to the jurisdiction in accordancewith the Arbitration Act 1996 for the time being in force as a legally bindingalternativeto court action. Jurisdiction a) The contractshall begoverned by the laws of England and the Buyer agrees to submitto the non- exclusivejurisdiction of the English courts. Peridot Digital Limited Standard PC Warranty STANDARD COVER Terms Peridot Digital Limited warrants that any computer system sold by Peridot Digital Limited (includingthe CPU baseunit, keyboard, mouse, Microsoftoperatingsystem and other software applications(if any) supplied as an integral partof the system but excludingany and all Accessories asdefined below) (“the System”) will befree from defects in materials and workmanship for a period of one year beginningon the date of Peridot Digital Limited invoice(“the Initial Warranty Period”),subjectto the conditions and limitationsdescribed below. This does not apply to 'Refurbished or Rebuiltor Second-hand' products which carry a limited warranty as stated at time of purchase.
  • 6. b) Subject to the conditions and limitationssetout below, you are entitled to full parts and labour cover in respect of System defects as per each manufacturers guarantee/warranty of 1, 2 or maybe 3 years.The promises made in clausea) and this clause2) shall hereafter be referred to as “the Warranty”. c) This Warranty only applies to purchases madein the United Kingdom. d) Should a faultin a system occur during the warranty period, the buyer should followthe instructions setout by the manufacturer by advisingthemanufacturer of the faultand awaitingcollection or return the system to the manufacturers servicecentre. Returning the system to Peridotdigital Limited will only causea delay in completing repairs/replacementas Peridot digital Limited will also haveto forward the system to the manufacturer concerned, this will incur further postal/carriagecharges. The Warranty a) The Warranty covers normal useand excludes cover for damage resultingfrom: - a1) Return shipment by you to the manufacturers servicecentre a2) your failureto provide a suitableinstallation or operatingenvironment for the System a3) impactwith other objects, dropping,falls,spilled liquidsor immersion in liquids a4) servicingof the System not carried outor authorised by the manufacturer a5) usage not in accordancewith the user instructions provided with the System a6) failureto perform required preventive maintenance a7) accident,abuse, misuseor neglect a8) natural disasters such as flood fireor lightning a9) problems with electrical power such as power surges and a10) the use of parts,components, services or software not supplied by the manufacturer. b) This Warranty does not cover damage resultingfrom failureto back up data or other files,nor does it cover damage caused by programs, data,viruses or other files.Peridotdigital Limited is notresponsiblefor any loss of your data and recommends that you maintain a back-up system at all times to rebuild or reconstruct lostor altered files,data or programs. c) Warranty cover will notapply in the event the serial number has been removed, altered or defaced. d) Peridot digital Limited makes no representations or warranties,express or implied,with respect to services provided by Internet serviceproviders (ISPs).This includes their ability to provideservices,their ability to work with any system supplied by Peridot digital Limited,interruption of service,or their ability to sustain such services over extended periods of time. Peridotdigital Limited is not affiliated with providers of such services and is not responsiblefor their actions or inactions. e) This Warranty does not cover any items in the followingcategories;software not supplied as an integral part of the System, joysticks,printers,scanners,speakers,cameras (collectively “Accessories”) nor any other parts, hardwareor software not supplied by the manufacturer. Any Accessories supplied by Peridotdigital Limited are covered only by their manufacturers warranties (if any) details of which were supplied to you on delivery of the System. f) Except as expressly setout in these conditions,Peridotdigital Limited gives no other warranties,expressed or implied,including,without limitation,any warranties of satisfactory quality or fitness for a particular purpose, and Peridot digital Limited expressly disclaims all warranties notstated herein. Returns/Replacements/Repairs a) Goods delivered defective or damaged should be reported to Peridot digital Limited immediately and on return of the defective/damaged product a replacement or refund will beissued. b) Computer systems,laptops,TVs, monitors,DVD player/recorders etc., that develop a faultduringthe warranty period, should be notified to the manufacturer concerned so that on-site repair,collection or return to the manufacturer's servicecentre can be arranged. c) When returning defective goods under warranty pleaseensure you have valid proof of the date of your original purchase. d) In the event of a hard drivebeing replaced, the System will berestored to its original configuration when purchased.Any repairs/servicingcarried out by a manufacturer does not includedata back up and/or data restoration.