Unless otherwise stated in writing the following terms and conditions apply in any contract between Animal Systems Limited (hereinafter called Animal Systems) and a Customer relating to the sale of goods and supersede any and all conditions of the Customer's Purchase Order.
Quotation & Acceptance
Unless otherwise stated, quotations are valid for seven (7) days and represent no obligation until Animal Systems accepts the order. All Customer orders must be in writing and must contain sufficient information for Animal Systems to proceed.
Animal Systems reserves the right to adjust quoted prices after the date of acceptance of an order in the event of currency fluctuations that increase the cost to Animal Systems of materials imported in to the UK, an increase in price by suppliers to Animal Systems or extra costs incurred as a result of the cancellation, alteration or rescheduling of orders by the Customer.
No order accepted by Animal Systems can be cancelled or suspended by the Customer without written consent from Animal Systems.
Price & Delivery
- Prices do not include VAT, carriage and insurance.
- Any delivery period quoted is an estimate only and commences from Animal Systems order acknowledgement. Animal Systems will take all reasonable steps to deliver the goods at the time stated, however Animal Systems shall be under no liability to do so.
- Animal Systems reserves the right to deliver in more than one consignment and to invoice separately.
- Should a Customer request Animal Systems to delay a delivery for any reason, the company reserves the right to invoice the goods at the original delivery date which will be the date of commencement of the warranty.
- Unless specific instructions are received from the Customer, Animal Systems shall send the goods with their selected carrier. In the event of a Customer providing their own delivery instructions, delivery of the goods in good condition to their specified carrier constitutes delivery to the Customer and risk of the goods shall pass to the Customer at this point.
On delivery the Customer shall inspect the goods and within 14 days of their arrival give notice to Animal Systems of any defect in the goods or any other reason whereby he alleges that the goods are not in accordance with the contract. If the Customer gives no such notice then the goods are deemed to be in accordance with the contract and the Customer shall be bound to accept and pay for them.
Value Added Tax
VAT is chargeable in accordance with current legislation at the time of despatch.
Animal Systems must be notified of any complaint by the Customer relating to any invoices within 7 days of the date of the invoice.
Terms of Payment
Unless stated in writing from Animal Systems, payment terms are strictly 30 days from the date of invoice. In the event that any amount payable to it under any contract is overdue, Animal Systems without prejudice to any other right may cancel the order or suspend any deliveries until such payments have been made and further payments secured to the satisfaction of Animal Systems. In this situation Animal Systems reserves the right to pass any overdue amount to it’s chosen debt collection agency in order to expedite recovery of sums overdue.
Interest Charges on Outstanding Accounts
A credit charge of 4% above the bank base rate may be made if any invoice is not paid by the due date. Animal Systems reserves the right to vary the rate of interest charged. Risk, Property and Repossession
- Animal Systems shall not pass the property in the goods to the Customer and the full legal and beneficial ownership of the goods shall remain with Animal Systems until Animal Systems has received payment in full for the goods together with any other monies due to Animal Systems under any other contract.
- If payment is overdue in whole or in part Animal Systems shall be entitled to recover the goods and to resell the goods any time after the due date for payment or before such due date in the case of occurrence of any of the following events namely:
- Appointment of a receiver or liquidator over the assets of the Customer, or
- The bankruptcy of the Customer (if an individual or partnership), or
- The Customer being unable to meet its debts in the normal course of business and for the purpose of such recovery and/or resale of the goods Animal Systems shall be entitled and the Customer hereby grants to Animal Systems its officers, servants or agent a licence (which will be binding upon the Customer's liquidator, receiver or trustee in bankruptcy) (as appropriate) to enter upon the premises of the Customer during normal business hours and to remove the goods from the Customer's premises.
- The goods remain entirely at the Customer's risk after delivery has been made by Animal Systems.
Animal Systems warrants, for 24 months, to the original purchaser of Animal Systems standard products which proves defective during normal use, that it will replace or repair parts found by Animal Systems to be defective due to faulty workmanship or faulty parts.
The warranty will not extend to faults caused by incorrect or inappropriate handling, nor to any goods which have been repaired or in any way altered without the written consent of Animal Systems nor to any consequential loss including loss of data, damage or expense howsoever arising.
All Hardware Warranty is on a return to factory basis.
All software programs are supplied on the strict understanding that Animal Systems does not warrant their functions to be free from errors or defects. It is the sole obligation of Animal Systems and the Customers sole remedy under this provision is limited to the cost of repair or replacement of the Goods supplied.
Return of Goods
Any return of goods must first be authorised by Animal Systems, who will issue a Returns Material Number. Any goods returned without this number will not be accepted. Carriage charges for returned goods are to be pre-paid by the Customer. Repaired goods will be returned to the Customer at the cost of Animal Systems.
Animal Systems shall not be responsible whatsoever for any software, information or memory data stored or integrated with any of the goods returned to Animal Systems for repair or replacement under warranty or outside of warranty.
Performance & Descriptive Matter
Unless any performance figures, measurements, dimensions or descriptive matter has been specifically warranted by Animal Systems, Animal Systems shall be under no liability for failure to attain such figures or meet such descriptions. The Customer is solely responsible for ensuring that the Goods are sufficient and suitable for the Customers requirements save insofar as Animal Systems have specifically advised the Customer in writing that the Goods are sufficient and suitable for the Customers purposes having been fully and accurately advised by the Customer of the Customers requirements.
Except for any liability which may incur for death or personal injury resulting from negligence or under Part 1 of the Consumer Protection Act 1978 Animal Systems shall not be liable in any way whatsoever whether in contract, in tort, in misrepresentation or under statute or common law or otherwise for any consequential or other loss, damage or injury however caused and whether or not Animal Systems negligence which may arise out of or in connection with the supply of goods to the Customer.
In no event shall any breach of contract on the part of Animal Systems or act of omission of any kind (including negligence) on the part of Animal Systems or of it’s employees, agents or sub-contractors give rise to any liability for loss of revenue or profit or any consequential or indirect loss or damage whatsoever.
Animal Systems liability (if any) whether in contract, tort or otherwise in respect of any defect in the Goods or of any duty owed to the Customer in connection herewith shall be limited to the aggregate amount paid by the Customer for the Goods.
Any advice or recommendation given by Animal Systems or any employee of Animal Systems as to the storage, application or use of the goods which is not confirmed in writing by Animal Systems is followed or acted upon entirely at the risk of the Customer, and accordingly, Animal Systems shall not be liable for any such advice or recommendation which is not confirmed.
The customer shall not use, divulge or communicate to any person (other than as permitted or provided in these Terms or with the written authority of Animal Systems or as may be required by law) any confidential information concerning the goods or other products, customers, business, accounts, financial or contractual arrangements or other dealings, transactions or affairs of Animal Systems which may come to the knowledge of the Customer as a result of their dealings with Animal Systems. The Customer shall use it’s best endeavours to prevent the unauthorised publication or disclosure of any such information or documents and to ensure that any person to whom such information or documents are disclosed by the Customer is aware that the same is confidential to Animal Systems.
If Animal Systems is prevented from, delayed or hindered (whether wholly or in part) in performance of any contract or in compliance with any condition or performance of any warranty given by strike, lockout, trade dispute, act of God, war, riot, explosion, fire, shortage of materials, labour or transport or fuel, or without limiting the generality of the foregoing by other cause or consequence outside the direct control of Animal Systems whether affecting its own business or that of any supplier or subcontractor, Animal Systems shall not be liable for any loss or damage (direct, indirect or consequential) to the Customer or any third party.
These conditions shall be governed and construed by English law and the English courts shall have exclusive jurisdiction in connection herewith.
The headings for these conditions are included for convenience only and shall not affect their interpretation.
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