1.1 The “Buyer” means the account applicant or person who accepts a quotation off the Seller or whose order for the Goods is accepted by the Seller.
1.2 The “Seller” means Chandler Computers Limited.
1.3 “Conditions” means the conditions of sale set out in this document and any special and/or additional conditions agreed in writing by the Seller.
1.4 “Good” or “Goods” means the goods (including any instalment of goods or any parts for them), which the Seller is to supply in accordance with these Conditions.
1.5 “Writing” includes facsimile transmission, email and other comparable means of communication.
1.6 “including” and “in particular” shall be construed as not limiting any general words or expressions in conjunction with which either of those expressions is used.
2.1 These conditions shall apply to all contracts for sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any which the Buyer may purport to apply under any purchase order, confirmation of order or any such similar document.
2.2 Where the Seller has agreed to provide the Buyer with system design, installation or other consultancy services, then the provision of such services shall be governed by the Seller’s separate Conditions for the Provision of Services, a copy of which shall be supplied to the Buyer.
2.3 No variation or addition to these Conditions shall be effective unless agreed in Writing by the Seller.
2.4 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing and in entering into the contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed.
2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller and without any prior notification. The views and opinions expressed in any sales literature or on the Seller’s website are the views of the contributors and should not be taken necessarily as fact.
2.6 No contract for the sale of Goods shall arise until the Seller dispatches the Goods to the Buyer or the Buyer notifies the Seller in writing of its acceptance of the Seller’s quotation (whichever shall first occur).
2.7 Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.8 Nothing in these Conditions shall affect the statutory rights of any consumer.
3.1 The price shall be that on the Seller’s current list price or as otherwise agreed in writing by the Seller and the Buyer should confirm prices (including any promotional prices and special offers) at the time of ordering. All special offers are strictly subject to availability.
3.2 The Seller reserves the right to revise prices prior to dispatch of Goods to reflect any indirect or direct increase in costs to the Seller but if the price has been paid in full prior to dispatch no price revision may take place without the prior written agreement of the Buyer.
3.3 All prices are inclusive of VAT (unless stated otherwise) and charges for packing, postage and carriage (plus VAT) shall be paid in addition.
3.4 Website pricing may differ to sales literature pricing.
4.1 Credit accounts are available for corporate customers against approved references.
4.2 In the case of sales to Buyers who do not qualify for credit accounts, payment must be made in full before dispatch of any Goods.
4.3 Payment may be made by cash, Visa, MasterCard or Switch.
4.4 In the case of sales made to customers with credit accounts, payment is due in full on the terms of credit agreed which shall not be more than 30 days from the date of the invoice unless otherwise agreed in writing by the Seller notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Buyer.
4.5 Time for payment shall be of the essence and any failure to pay shall entitle the Seller at his option to treat the contract as repudiated by the Buyer, to delay delivery until paid or appropriate any payment made by the Buyer to such of the Goods as the Seller may think fit notwithstanding any purported appropriation by the Buyer (without prejudice to any other remedy that the Seller may have). Receipts for payment shall be issued only on request.
5. INTEREST ON OVERDUE INVOICES
5.1 Interest on overdue invoices shall accrue on any unpaid amounts from the date when payment becomes due at 2 per cent per annum above National Westminster Bank base rate from time to time until the date of payment (a part of a month being treated as a full month for the purpose of calculating interest), to accrue both before and after any judgment.
5.2 All invoices shall be paid in full, free from any deduction for any set-off, counterclaim or otherwise howsoever.
6. OWNERSHIP AND RISK
6.1 The risk in Goods shall pass to 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.
6.2 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.
6.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property.
6.4 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 be liable for all the Seller’s costs of so doing.
6.5 The Buyer shall not be 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 so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) immediately become due and payable.