Authorised reseller for:
Multi Source
Communications Ltd
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1. Interpretation
Buyer - means the person named as such on the order form to which these Terms are annexed.
Seller - means Multi Source Communications Ltd, PO Box 151, Northwood, Middlesex, HA6 3TW.
Goods - means the goods (including any instalment of the goods or any part of them) which the Seller
is to supply in accordance with these Terms
Terms - means the standard terms of sale set out in this document and (unless the context otherwise
requires) includes any special terms agreed in Writing between the Buyer and the Seller.
Writing - and any similar expression includes facsimile transmission and comparable means of communication.
2. Basis of the Sale
2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with the Sellers Written quotation (if accepted by the Buyer) or the Buyer's Written order (if accepted by the Seller), subject in either case to these Terms, which shall govern the Contract to the exclusion of any other terms subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.
2.2 No variation to these Terms shall be binding unless agreed in Writing between the authorised representatives of the Buyer and the Seller.
2.3 Any advice or recommendation given by the Seller to the Buyer as to the storage, application or use of the Goods which is not confirmed in Writing by the Seller is followed or acted on entirely at the Buyer's own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
3. Orders and Specifications
3.1 The quantity, quality and description of the Goods and any specification for them shall be as set out in the Seller's quotation.
3.2 Second hand goods are sold as seen.
3.3 A cancellation fee of 15% of the order value (including VAT) will be charged on all orders which have been accepted by the Seller and are then cancelled. All deposits, where required, are non-refundable in the event of default.
4. Price of the Goods
4.1 The price of the goods shall be the Sellers quoted price. All prices quoted are valid for 30 days only or until earlier acceptance of the Buyer, after which time they may be altered by the Seller without giving written notice.
5. Terms of Payment
5.1 Terms of payment are 30 days net from the date of the invoice. Interest at the rate of 8% above Barclays base rate at the
date the payment becomes overdue will be charged.
6. Delivery
6.1 Where the Seller agrees to deliver the Goods otherwise than at the Sellers premises, the Seller shall be under no obligation under section 32(2) of the Sale of Goods Act 1979.
6.2 Any dates quoted for the delivery of Goods are approximate and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in Writing.
6.3 If the Seller fails to deliver the Goods for any reason other than any cause beyond the Seller's reasonable control or the Buyer's fault, and the Seller is accordingly liable to the Buyer, the Seller's liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
6.4 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of the Seller's' fault) then, without limiting any other right or remedy available to the Seller, the Seller may:
6.4.1 store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance)
of storage; or
6.4.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling
expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for
any shortfall below the price under the Contract.
7. Risk and Property
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
8 Warranties and liability
8.1 Subject as expressly provided in these Terms, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law save that the Seller will pass on manufacturing guarantees where appropriate.
8.2 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements Order 1976) the statutory rights of the Buyer are not affected by these Terms.
8.3 Any defect in the quality or condition of the Goods or their failure to correspond with the specification shall be notified by the Buyer to the Seller within 14 days from the date of delivery or (where a defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
8.4 Except in respect of death or personal injury caused by the Seller's negligence, or liability for defective products under the Consumer Protection Act 1987, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents to otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply the Goods in accordance with the Contract or at all) or their use or resale by the Buyer, and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Terms.
9 General
9.1 The Contract shall be governed by the laws of England, and the Buyer agrees to submit to the non-exclusive jurisdiction of
the English courts.
