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Terms and Conditions of Sale
1.
All contracts for the supply of goods
(“Goods”) by IBOTZ Ltd to a customer (“the
Purchaser”) will be subjected to the following terms
and conditions and in dealing with IBOTZ Ltd the
Purchaser accepts that these terms and conditions shall
apply to any Contract between the parties in preference
to the Purchaser’s own terms and conditions (if any).
Interpretation of these terms and conditions and any
contract to which they shall apply shall be governed by
English Law.
2.
All goods are sold by IBOTZ Ltd in accordance
with the standard specifications (if any) applicable to
such goods and subject to these Conditions of Sale and
no contrary stipulations by the Purchaser shall be valid
unless specifically authorised by us in writing.
3.
Prices quoted by IBOTZ Ltd are ex seller’s
warehouse unless otherwise agreed in writing. The
Purchaser is responsible to effect whatever insurance is
required at the Purchaser’s expense. Invoices are
payable on presentation. Prices are subject to change
without notice. In particular, IBOTZ Ltd reserves the
right to vary quoted prices:
3.1 To conform to its price for similar goods at the
date of despatch;
3.2 To take account of changes in manufacturers’ costs
or other costs between quotation and delivery.
4.
All goods are offered subject to being unsold on
receipt of order.
5.
IBOTZ Ltd will accept returns of goods
incorrectly supplied provided we are notified within 7
days of receipt of the goods. In the event of IBOTZ Ltd
accepting back goods incorrectly ordered or correctly
delivered, IBOTZ Ltd shall be free to make and the
Purchaser will pay a reasonable charge for all expenses
incurred as a result of IBOTZ Ltd so doing.
CUSTOMERS ARE EXPRESSLY REQUESTED NOT TO RETURN GOODS
WITHOUT OBTAINING BOTH AUTHORISATION TO DO SO AND
INSTRUCTIONS ON THE PACKING AND CARRIAGE OF SUCH GOODS.
Credit for goods returned can only be given, or
exchanges made, if written permission has been obtained
beforehand and if the returned goods are in the original
unopened containers and in saleable condition.
6.
Ownership of the goods remains vested in IBOTZ
Ltd until fully paid for by the Purchaser. The risk in
the goods sold shall pass to the Purchaser at the point
of delivery to the Purchaser or to the delivery agent.
It is the responsibility of the Purchaser to request and
pay for the insurance of goods ordered.
7.
Claims for goods lost or damaged in transit
should immediately be lodged with the carrier concerned.
IBOTZ Ltd will not entertain any claim for non delivery
unless written notification is received by IBOTZ Ltd
within seven days of receipt of invoice.
8.
Under no circumstances whatsoever shall IBOTZ
Ltd’s liability (under contract tort or otherwise) to
the Purchaser exceed the invoice price of the particular
goods being the subject of the claim.
9.
If the Purchaser sells or disposes of the goods,
the Purchaser holds proceeds of such sale or disposal
upon trust for IBOTZ Ltd as security for the payment to
IBOTZ Ltd of all amounts due to IBOTZ Ltd. The Purchaser
will take such steps as may be necessary to keep such
proceeds separate from other monies.
10.
Without prejudice to any other remedies available
to IBOTZ Ltd, if the Purchaser makes a voluntary
arrangement with its creditors or becomes subject to an
administration order or (being an individual or firm)
becomes bankrupt or (being a company) goes into
liquidation (other than for the purposes of amalgamation
or reconstruction), IBOTZ Ltd shall be entitled to
cancel any agreement with the Purchaser or suspend any
further deliveries and if the goods have been delivered
but not paid for the price shall immediately become due
and payable notwithstanding any previous arrangement.
11.
Delivery dates provided by IBOTZ Ltd are
indicative only and made without obligation. The
Purchaser accepts there will be no claim against IBOTZ
Ltd for failure to deliver goods by any specified date
and that late delivery will not provide grounds for
cancellation of any order for goods specially obtained
for Purchaser’s order.
12.
The Purchaser accepts that all goods supplied by
IBOTZ Ltd are to be used strictly in accordance with the
manufacturer’s printed package insert supplied with
the goods or applicable at time of supply. The purchaser
agrees that any advice or assistance by IBOTZ Ltd staff
is given in good faith and will not be treated as a
recommendation to adopt any procedure contrary to the
manufacturer’s printed package insert of catalogue or
commonly accepted Good Laboratory Practice.
13.
The Purchaser accepts that IBOTZ Ltd does not
routinely undertake Quality Control testing on goods not
of its own manufacture. The Purchaser accepts that
responsibility rests solely on the Purchaser to
determine that goods and procedures obtained from IBOTZ
Ltd are suitable for Purchaser’s own purposes. The
Purchaser agrees to hold IBOTZ Ltd harmless and
indemnify IBOTZ Ltd against claims by all and any third
party arising out of the use of the goods whether these
claims are the result of direct or consequential damage.
14.
The Purchaser accepts these Terms and Conditions
of Sale and the undersigned is authorised to sign
acceptance on behalf of the Purchaser.
Signed on behalf of Purchaser
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Date
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Name
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Position
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