Olympic Support - Terms & Conditions
General
In these Conditions of Sale: "The Company" means Olympic Support Ltd. "the Buyer" means the person, firm or company ordering or buying goods from the Company.
"The Goods" means the goods the subject matter of the relevant order or contract for sale.
No contract in respect of the Goods between The Company and the Buyer shall exist until The Company has accepted the Buyer’s order. In the event that the Buyer's order seeks to make the sale subject to terms different from these conditions, acceptance of the Buyer's order by The Company (whether or not such acceptance is effected by 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 Company's offer and the Contract of the Sale shall be formed at that moment. No conditions or terms stipulated in any other communications or document shall vary or annul any of those conditions except insofar as the same are expressly consented to in writing by The Company. Quotations remain valid for 30 days depending on existing stock position, orders already acknowledged by manufacturers and current commitment, always subject prior to sale. Prices are based on the full acceptance of the quotation. Any variation in quantities ordered may entail price re-negotiation. In the event of shortfall in delivery by the manufacturers of any product included in the quotation The Company reserves the right to reduce or call off deliveries of such types until full supply is restored.
Orders can only be accepted if the Buyer quotes an official order number. Verbal orders must be confirmed in writing quoting the valid order number.
No waiver alteration or modification of these conditions shall be valid unless made in writing and signed by a Director of The Company.
Price
Quoted prices include the cost of normal packaging but exclude delivery, transit insurance (which are charged extra at cost) Value Added Tax or installation charges (where applicable).
The prices for the Goods shall be those ruling at the date of despatch. The Company reserves the right to amend its quoted prices at any time prior to the date of despatch.
Despatch
(a) Unless otherwise specified the price quoted is packed ex our warehouse. An extra charge will be levied to cover delivery and insurance costs. A charge will be made to cover any extra costs involved for delivery to a different address.
(b) Should expedited delivery be agreed an extra might be charged to cover any overtime or delivery costs involved.
(c) Should work be suspended at the request of or delayed through any fault of the Buyer for a period of 30 days The Company shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
(d) The Goods are normally despatched ex-stock on the day the order is received. In all other cases delivery dates quoted are based on information supplied by the manufacturer and The Company shall not be held responsible for failure to deliver on the date quoted nor shall such failure be deemed a breach of contract.
Credit Policy & Payment Information
For Holders of approved credit accounts shall be paid in full 30 days net from date of invoice. Should default be made by the Buyer in paying the sum by the due date The Company shall have the right to suspend all further deliveries without prejudice to any claim or right which as seller it might otherwise make or exercise.
Our credit terms are 30 days net from date of invoice. Accounts with overdue balances will be placed on credit hold. This means that no further goods shall be shipped and all support and repair/warranty services withdrawn until the account is bought into order. Repeated failure to keep to our credit terms will result in the permanent loss of credit facility.
The Company may charge interest at the rate of 4 per cent per annum above the National Westminster Bank base rate in force at the time of any overdue payment. The Buyer will pay any costs incurred in retrieving monies owed to The Company.
The Company reserves the absolute right to refuse to grant credit facilities.
The Buyer shall not be entitled by any reason of claim against The Company to withhold payment of the price of the Goods or to claim any right of set-off against any payment due to The Company under this or any other contract.
In addition to its statutory rights The Company will be entitled to a general lien on all goods of the Buyer's in The Company's possession for the unpaid price of any goods sold and delivered to the Buyer by The Company.
Preliminary Work
All work carried out additional to that specified in the relevant quotation or order, whether experimentally or otherwise shall be charged.
Retention Of Title
The Company and The Buyer expressly agree that until The Company has been paid for in full for the goods comprised in this or any other sales contract between them and all outstanding amounts due to The Company from the Buyer or from any Director or shareholder or the Buyer or any other such company:
(a) The goods shall remain the property of The Company-and the Buyer's, as bailees of them for The Company, will store the same for the Company in a proper manner without charge and in such way that the goods are clearly identified as being the property of The Company, notwithstanding that the risk therein shall pass to the Buyer as provided herein.
(b) At any time The Company may recover from the Buyer the goods remaining in the Buyer's possession and for the purpose thereof may enter upon any premises of or occupied by the Buyer or any third party (with the consent of that third party).
(c) The Buyer has the right to dispose of the Goods in the course of its business for the account of The Company and to pass good title to the goods to their customers being bona fide purchasers for value without notice of The Company's rights.
(d) In the event of such disposition the Buyer of its Director(s) (if a Limited Company) has the fiduciary duty to account to The Company for proceeds thereof but may retain therefore an excess of such proceeds over the amount outstanding to The Company under this or any other sales contract between them and for all outstanding amounts due to The Company from the Buyer or any associated or subsidiary or subsidiary or holding company of the Buyer or from any Director or shareholder of the Buyer or any other such company.
Notwithstanding the proceeding condition, the Buyer upon delivery of the same to him shall assume all risk in respect of the Goods.
Buyer's Property
(a) The Buyer's property and all property supplied to The Company by or on behalf of the Buyer shall, while it is in possession of The Company or in transit to or from the Buyer be deemed to be in the Buyer's 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 Buyer's property left with The Company before receipt of the order or after notification to the Buyer of completion of the work.
Loss or Damage in Transit or Non or Late 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 damages in transit or non-delivery of the Goods, or in the case of non-delivery 7 days after the due date of delivery.Whilst The Company will use its best endeavours to deliver the Goods in accordance to the Buyer's requirements, The Company will not be liable for any consequences of late delivery howsoever caused.
Defective Products
(a) The Company's 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 notes 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. Defective products should be notified to The Company within 24 hours of the Goods being delivered. Such measures shall relate only to the faulty items or their value, and The Company shall not be in any circumstances be under any liability to the Buyer in respect of indirect or consequential damage, or loss of profits, sustained by the Buyer provided, always that these conditions do not exclude or restrict The Company's liability for death or personal injury arising from its negligence.
(b) A returns authorisation number must first be obtained from our customer service department either by telephone or letter. A copy of the original invoice relating to their purchases must accompany returned goods.
(c) Any damage, shortfall or equipment failure to be notified within three working days. Faulty goods will be repaired at Exquip Network Services discretion; if a suitable replacement is not available, a full refund may be given. Exquip Network Services reserve the right to charge a re-stocking fee of either 15% of the invoice value or One hundred pounds; whichever is the greater. Title to the goods mentioned in this invoice shall not pass until payment has been received in full.
(d) 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 our head office for authorisation to return items - a discussion of the problem may assist in rectifying faults before goods are returned! It is your responsibility to ensure that any goods returned are properly insured. We will not be responsible for goods returned to us that are lost in transit. This document does not in itself constitute in itself an offer for sale. We reserve the right to vary the specification of any item, withdraw, modify, and amend any item with prior notice. Prices quoted are current trade prices.
Goods are warranted as offered by the manufacturers of the Goods except for second user or refurbished Goods that are warranted for a period of 30 days from delivery.
Export Control
The Buyer shall not resell outside the UK any of the Products covered by the Export of Goods (control) Order 1987 (or any re-enactment thereof) or the Export Administration Act 1979 (as amended) of the USA (or any re-enactment thereof) without obtaining all necessary licenses thereunder and will not resell such goods within the UK to the purchaser knowing (or being given reasonable grounds to suspect by the purchaser) that the purchaser intends to export such goods without first obtaining either such licenses or a copy of such licenses obtained by the purchaser.
Recruitment of Employees
The parties hereto except that either party will suffer loss if a member of their staff accepts an offer of permanent employment with the other party during the continuance of his contract and six months thereafter. If such a member of the party's staff accepts such an offer of employment with the other party other than as a result of a relevant bona fide employment advertisement in the national or trade press, the new employing party agrees to pay the other party the equivalent of six months salary for that member of staff. The provisions of this clause shall apply to subsidiaries, associates and parent companies of either party.
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 forgoing) fire, impact, explosion, adverse weather or movements of the ground, plant breakdowns, strikes, lock-outs, civil disturbance, hostilities, act of any Government, non-availability of materials or supplies including services, or act of God, 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.
Cancellation
The Company may withhold or cancel any deliveries 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 its 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 any breach of items and conditions contained herein (notwithstanding that in a former occasion or occasions it has waived its rights).
The exercise of rights under condition 16 shall be without prejudice to The Company's other rights of remedies.
Law
These Conditions of sale shall be constructed in accordance with English Law.
Notices under the contract shall be served personally or by pre-paid recorded delivery letter post at the address of the Buyer specified in the contract. A postal notice shall be deemed to have arrived 36 hours after it was posted. Whenever the last day for giving notice falls on a weekend or a Bank Holiday at the time for giving such notice should be extended to the next working day.
