Terms & Conditions of Sale
(a) In these conditions of sale:
the Company means ID Bureau Services
the Buyer means the person or firm or Company ordering or buying Goods from the Company.
The Goods means the Goods or the Services the subject matter of the relevant order or contract for sale.
(b) No contract in respect of the Goods between the Company and the Buyer shall exist until the Buyers order has been accepted by the Company. In the event that the Buyers order seeks to make the sale subject to terms different from these conditions acceptance of the Buyers order by the Company (whether or not such acceptance is effected by a formal order acknowledgement) shall be deemed to be a fresh offer by the Company on the basis of these conditions, in which event (unless these conditions are accepted by the Buyer prior to delivery) acceptance of delivery of the Goods by the Buyer shall constitute acceptance of the Companys offer, and the contract of sale shall be formed at that moment. No conditions or terms stipulated in any other communication or document shall vary or annul any of these conditions except insofar as the same are expressly consented to in writing by the Company.
Unless otherwise specified prices are for delivery ex Companys offices and are subject to Companys right to increase any price to take account of delivery charges, insurance costs, special handling charges (if any), agreed changes in the specifications or changes in any taxes, duties or levies charged in relation to this contract and/or any costs or expense incurred by the Company as a result of site conditions, delays, interruptions, lack of information, changes in exchange rates and/or without limitation any other factors beyond the Companys control. This document does not in itself constitute an offer for sale. The Company reserves the right to vary the specification of any item, withdraw, modify, or amend any item without prior notice.
3. Delivery & Payment
(a) Unless otherwise agreed in writing delivery of the goods will be ex works.
(b) Where dispatch is delayed through the Buyers unwillingness or inability to arrange carriage or delivery, or to make any payment due prior to dispatch the Company may effect delivery of the goods by giving written notice that the goods are ready for dispatch.
(c) If the goods are stored by the Company at the Buyers request or after notice has been given that the goods are ready for dispatch the Buyer shall reimburse the Company for all costs and expenses of storage (including any necessary transit costs and insurance).
(d)The Buyer shall be responsible for inspecting the goods on arrival and shall notify the Company immediately if there is any damage, discrepancy or shortage or within 7 days after receipt of notice of dispatch in the event of non-arrival.
(a) Unless otherwise agreed in writing credit account invoices are due and payable strictly within 30 days from the date of the invoice.
(b) In no case shall any dispute concerning any item or separate part of the goods or work or any further contractual obligations of the Company to the Buyer affect the Buyers obligation in respect of payments for other parts if any part or instalment of the price is not paid when due, or due or work on the goods is held up for any reason attributable to the Buyer, or Buyer incurs bankruptcy, insolvency, liquidation or the appointment of a receiver, the full price of the goods less any sums already paid in respect of the goods and/or work done by the Company shall immediately become due and payable by the Buyer and the Company may at its option cancel the contract or cancel or suspend dispatch.
(c) Without prejudice to any other right of the Company all overdue payments shall carry interest at the rate of two percent per month or part month (APR 27.3%) on the amount or amounts for the time being outstanding.
5. Preliminary Work
All work carried out additional to that specified in the relevant quotation or order, whether experimentally or otherwise shall be charged.
6. Title and Risk
(a) Notwithstanding delivery and the passing of risk, the property in the Goods shall remain in the Company until the Buyer has paid all monies owed by it to the Company under this or any other contract or otherwise. If any of the Goods are processed into, incorporated in, used as material for, or mixed with other Goods or materials prior to such payment the property (but not the risk) in the whole of such Goods or materials shall pass to the Company at the moment of such processing, incorporation, use or admixture and shall remain with the Company until payment of all such monies as are specified in this condition. Until such payment is made the Buyer shall possess all Goods and materials the property in which is vested in the Company by virtue of this condition on a fiduciary basis only and, if the Company so requires, the Buyer shall store such Goods and materials at no cost to the Company so that they are clearly identified as belonging to the Company. If any payment is overdue the Company may (without prejudice to any of its other rights and remedies) recover and resell any or all of such Goods or materials and may enter upon the Buyers premises for that purpose.
(b) The Buyer has the right to sell for the account of the Company any Goods or materials the property in which is vested in the Company by virtue of this condition. In such event the Company shall be entitled to, and the Buyer shall be under a fiduciary duty to account to the Company for, the proceed of such sale to the extend that any monies are owed by the Buyer to the Company. In addition, the Company shall be entitled to make a claim directly against the Buyers customer for any purchase monies unpaid by the customer and the Company shall be entitled to retain from any monies recovered from the customer all monies due to the Company from the Buyer plus all costs and expenses involved in making the claim. If there is any excess the Company will return this to the Buyer.
(c) Notwithstanding the preceding condition, all risk in respect of the Goods shall be assumed by the Buyer upon delivery of the same to him.
7. Buyer's Property
(a) The Buyers property and all property supplied to the Company by or on behalf of the Buyer shall, while it is in the possession of the Company or in transit to or from the Buyer, be deemed to be at the Buyers risk and the Buyer shall insure accordingly.
(b) The Company shall be entitled to make a reasonable charge for the storage of any of the Buyers property left with the Company before receipt of the order or after notification to the Buyer of completion of the work.
8. Loss or Damage in Transit or Non-Delivery
The Buyer shall examine the Goods immediately they are delivered to him. The Company reserves the right to reject claims in respect of shortages or damage in transit or non-delivery unless the same are submitted in writing to the Company within 7 days after delivery of Goods, or in the case of non-delivery 7 days after the due date of delivery.
9. Late Delivery
Whilst the Company will use its best endeavours to deliver the Goods in accordance with the Buyers requirements, the Company will not be liable for any consequences of late delivery howsoever caused.
10. Defective Products
(a) The Companys liability (both in contract and in tort) in respect of defects in the Goods shall be limited to the replacement of faulty items or material, or the issue of credit note in respect thereof, or the granting of a refund or such other compensatory measures as the Company at its discretion considers appropriate in the circumstances. Such measures shall relate only to the actual faulty items or their value, and the Company shall not in any circumstances be under any liability to the Buyer in respect of indirect or consequential loss or damage, or loss of profits, sustained by the Buyer PROVIDED, always that these conditions do not exclude or restrict the Companys liability for death or personal injury arising from its negligence.
(b) A returns authorisation number must first be obtained from the Companys service department either by telephone or letter. Returned Goods must be accompanied by a copy of the original invoice relating to their purchase.
(c) GOODS RETURNED MUST BE IN THE ORIGINAL PACKAGING AND IN A CLEAN RESALEABLE CONDITION. GOODS RETURNED OTHERWISE WILL, AT THE COMPANYS DISCRETION, EITHER BE REFUSED OR A FURTHER ADDITIONAL RESTOCKING FEE CHARGED TO COVER THE ADDITIONAL COSTS INVOLVED.
Goods returned for repair under warranty must be accompanied by a copy of the original invoice, or must quote the original invoice number and date of purchase. Before returning items, please ring the Companys service department for authorisation to return items - a discussion of the problem may assist in rectifying faults before Goods are returned. It is the Buyers responsibility to ensure that any Goods returned are properly insured. The Company shall not be responsible for Goods returned that are lost in transit.
11. Force Majeure
The Company reserves the right to cancel vary or suspend the operation of contract of sale if events occur which are in the nature of force majeure including (without prejudice to the generality of the foregoing) fire, floods, storm, plant breakdown, strikes, lock-outs, riot, hostilities, non-availability of materials or supplies or any other event outside the control of the Company; and the Company shall not be held liable for any breach of contract resulting from such event.
The Company may withhold or cancel any deliveries or services under the contract of sale and may recover all losses resulting therefrom if the Buyer:
(a) fails to make payment on the due date under any contract with the Company, or
(b) enters into a composition with his creditors, or (being a Company) has a receiver appointed or passes a resolution for winding up or if a Court shall order it to be wound up, or commits an available act of bankruptcy, or
(c) is in breach of any of the terms and conditions contained herein (notwith- standing that on a former occasion or occasions it had waived its rights). The exercise of rights under condition 12 shall be without prejudice to the Companys other rights of remedies.
13. Legal Provisions
These conditions of sale shall be construed in accordance with Scottish law.