Terms of Business
1. GENERAL
"The Company" means EFG Housewares, "The Customer" means the buying party and "The Contract" means the contract between the Company and the Customer.
2. THE CONTRACT
" The contract shall be subject to the following conditions which the Customer shall be taken to have accepted unless otherwise agreed in writing.
No contract shall exist until the Company has received from the Customer an order and has agreed in writing to accept it, unless the Company otherwise agrees. Where the Customer's order is not in writing, the Company's acceptance shall be deemed to be correct in all respects unless within seven days of its date the Customer notifies the Company in writing in what respect it is incorrect.
No statement representation or promise whether oral or in writing made by any employee or agent of the company shall be treated as authorised or binding nor shall it have any contractual effect unless it is incorporated into the Company's acceptance of order.
The contract shall be subject to and construed in accordance with the English Law.
3. PRICE
Unless a quotation has been given in writing the price will be that ruling on the date of despatch. The Customer shall be liable for any tax and/or duty levied upon the goods
4. TERMS OF PAYMENT
No goods will be picked, stored or released unless paid in full beforehand.
Payment will be taken once goods have been invoiced and a final total is determined, the company uses a preauth system
Authorization hold (also card authorization, preauthorization, or preauth) is the practice within the banking industry of authorizing electronic transactions done with a debit card or credit card and holding this balance as unavailable until the merchant clears the transaction
No sum payable by the Customer is subject to any discount unless there is express provision therefore in writing.
If the Customer fails to make any payment that is due under this or any other contract with the Company, the Company may suspend all further deliveries until all such payments with interest thereon have been made in full and the price of items ready for delivery by the Company but not delivered has been paid.
If packages are not returned to the Company in good condition, the cost of replacing the same at the Company's premise shall be paid by the Customer.
The company may replace certain items when not available with a like for like item
5. PASSING OF PROPERTY AND RISK
All goods shall be and remain the property of the Company until the full price including any interest due for late payment has been paid.
The risk in any load of goods delivered shall pass to the Customer when all the items have been offloaded at the point of delivery or, if the goods are collected by or on behalf of the Customer from the Company's premises, at the moment when all the items forming a load have been loaded on the vehicle or any other container
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6. DELAY AND FAILURE IN DELIVERY
The Company shall not be liable for any delay in fulfilling or any failure to fulfil any obligation of the contract if any such delay or failure is caused or contributed to by any:
Cause beyond the Company's control;
Industrial action of any kind by any person whether employed by the Company or by anybody else;
Accident to or injury or death to any person;
Breakdown of or damage to any equipment, machinery or vehicle.
Any delay by the Company shall not entitle the Customer to rescind the contract or refuse to accept delivery of any items delivered there under.
7. CLAIMS AND COMPLAINTS
Notification in writing of loss or damage to or non-delivery of goods shall be made to the Company by the customer:
In the event of partial loss, damage or non-delivery of any separate part of any consignment, within seven days of date of delivery and in addition where the goods are carried by any carrier other than the Company the Customer shall give notice to the carrier in accordance with the terms of the contract of that carrier;
In the event of non-delivery of a whole consignment, within seven days of the date of the invoice thereafter.
In the absence of any such notification required under sub-paragraph i hereof the goods which were delivered or should have been delivered shall be deemed to be in all respects in accordance with the contract and the Customer shall be bound to accept and pay for the same in full accordingly and shall have no claim whatsoever against the Company.
Notwithstanding that the customer has a claim whether or not under the provisions of sub-paragraph (i) (a) hereof for partial loss, damage or non-delivery of any separate part of any consignment he shall in any event be liable and pay for part of the consignment for which he has no claim.
8. CONDITIONS AND WARRANTIES
If any fault in the goods is due to bad workmanship or material is proved and the faulty goods are returned to the Company within fourteen days of delivery thereof the Company will at it own cost and its own option replace the faulty goods or credit the Customer with the price thereof.
No warranty conditions or other terms as to quality, quantity or fitness for any purpose of the goods delivered under this contract with the Company is given or accepted and so far as the Company may lawfully do so any warranty condition or other term whether express or implied in statute, at common law or otherwise is hereby excluded from this contract notwithstanding that the purpose for which the goods are to be used are known or made known to the Company. In any event the liability of the Company shall not exceed the total contract price.
Neither the Company nor its servants or agents upon whose behalf the company hereby contracts shall be liable to the Customer for any loss, injury, damage or claim of any kind whatsoever arising out of or in connection with the execution of this contract or arising out of or in connection with the use of the goods supplied by the Company whether or not such loss, injury, damage or claim be occasioned by the negligence of the Company or by any person for whom the Company may be responsible. Where notwithstanding this paragraph there is liability upon the Company that liability shall not exceed the total contract price