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These general conditions shall be incorporated in, and form part of every
contract for the sale by iwant2bike2work (hereinafter called the ‘Seller’)
of any goods or services specified in the Seller’s invoice (hereinafter
called the ‘Goods and Services’) which shall be the subject of
the contract between the Seller and the persons, company or other organisation
(hereinafter called the ‘Buyer’) purchasing the Goods and Services
(“the Contract”).
In addition, the Sellers specific standard terms and conditions in relation
to the particular Goods and Services to be supplied to the Buyer under
the Contract shall also apply to the contract and are incorporated herein
as part
of the Terms.
GENERAL
All quotations are made and all orders are accepted subject to these Terms, which
supersede any earlier set of conditions of the Seller wherever appearing and
which also override any Terms stipulated, incorporated or referred to by the
Buyer. These Terms apply to all contracts for the sale of Goods and Services
to, or provision of work for, the Buyer to the exclusion of any terms and conditions
specified by the Buyer.
ACCEPTANCE AND CANCELLATION
A quotation by the Seller shall be open for acceptance within the period
stated therein or, if no period is stated, within 30 days of the date of
the quotation unless previously withdrawn. A quotation is limited to such
Goods and Services as are specified therein. If the Buyer wishes to make
an order on the basis of the quotation, such order must be accompanied by
sufficient information to enable the Seller to proceed with the order forthwith.
The Supplier may revise the quotation price where there is any delay in
supplying such information. The contract is created when the Seller confirms
acceptance of the order in writing (hereinafter called the _eContract_f).
All prices quoted are subject to confirmation at time of order and are exclusive
of VAT, which will be chargeable in accordance with legislation current
at the date of supply. Credit limits may be given at the sole discretion
of the Seller, but the Seller may require both bank and trade references.
At its sole discretion, the Seller may cancel or amend any credit limit
previously granted. Where any outstanding monies are due to the Seller,
the Seller reserves the right to refuse a request to transfer away a domain
name until all outstanding monies are received.
VARIATIONS
In the event that a variation to the Contract is requested or suspension
of work occurs as a result of instructions or lack of instructions received
from the Buyer (a Variation), the Seller shall be entitled to charge the
Buyer for all costs incurred by the Seller as a result of said Variation.
Such charge shall be reflected in the Seller’s invoice to the Buyer
for the relevant Contract. .
PRICES
The Seller reserves the right by giving notice to the Buyer at any time
during the Contract to increase the price of Goods and Services to reflect
any increase in cost to the Seller which is due to any factor beyond the
reasonable control of the Seller.
TERMS OF PAYMENT
Unless otherwise agreed in writing with the Seller payments shall be
made without any deduction within 30 days from the date of the invoice.
The Seller
reserves the right to charge interest on any amounts unpaid at the end
of this period of 30 days at 3% above the Base Rate for the time being
in force
of HSBC Bank PLC, and the Buyer shall be liable for any costs incurred
by the Seller in recovering such amounts. Invoice queries must be notified
to
the Seller within 10 working days of the date of the invoice, at the
end of which period any liability of the Seller will cease. The Seller
reserves the
right to charge an administration fee for any account temporarily suspended
due to a breach of these conditions.
LIABILITY FOR DELAY
Unless the Seller has accepted in writing a firm completion date where
time is expressed to be of the essence of the Contract, any cited delivery
dates are approximate. Any dates quoted are calculated from the receipt
by the Seller of the written order. The Seller shall incur no liability
whatsoever for failure to complete / deliver on dates quoted and any delay
in completion shall not give the Buyer the right to cancel an order. The
Seller shall have no liability whatsoever for non-fulfilment of the Contract
or for any failure to complete by any agreed dates.
SPECIFICATIONS AND ADVERTISING MATTER
All specifications submitted by the Seller are approximate only and the
description and illustrations contained in quotations and other advertising
matter of the Seller are intended merely to represent a general idea
of the Goods and Services portrayed therein and none of these shall form
part of
the Contract. At all times, these specifications remain the properties
of the Seller. PERFORMANCE
The Seller will accept no liability for failure of Goods and Services
to attain any quoted performance figures unless specifically guaranteed
as being “Guaranteed
Quoted Performance Figures” by the Seller in writing. If performance
figures are outside any acceptable limits specified in such a Guaranteed Quoted
Performance Figures, the Seller shall attempt to rectify the problem at no
additional charge, within reasonable limits, to the Buyer. EXCLUSION OF LIABILITY
Except as expressly provided in these conditions, the Seller shall be under
no liability whatsoever kind howsoever caused whether or not due to the
negligence or wilful default of the Seller or its servants or agents arising
out of or in connection with supply of the Goods and Services; all conditions,
warranties or other terms, whether express, implied, statutory or otherwise,
are hereby expressly excluded provided that nothing in this condition shall
exclude or restrict any liability of the Seller for death or personal injury
resulting from the negligence of the Seller and its servants or agents,
for breach of its implied undertakings as to title, or where the Buyer deals
as a consumer within the meaning of the Unfair Contract Terms Act 1977 for
breach of any implied conditions of the Sale of Goods Act 1979.
INDEMNITY
The Buyer agrees to indemnify the Seller against any damages, losses, costs,
claims or expenses incurred by the Seller in respect of any claim brought
against the Seller by any third party for any loss, injury or damage wholly
or partly caused by the Goods and Services or their use and for any loss,
injury or damage in any way connected with the performance of this Contract. LIMIT OF SELLER’S LIABILITY
Except in respect of damage for which the Seller is not legally entitled
to exclude liability, the Seller’s liability for any claim or series
of claims in respect of any Contract shall not exceed the amount actually
received by the Seller under the Contract under which the claim has been made.
The Seller shall have no Liability for loss of revenue, loss of actual
or anticipated profits, loss of contracts, loss of, damage to or corruption
of data, or any indirect or consequential loss, and such Liability is
excluded whether it is foreseeable, known, foreseen or otherwise. For the
avoidance
of doubt, the exclusions in this paragraph apply whether such losses
are direct, indirect, consequential or otherwise. Each exclusion in this
paragraph (separated
from the others by a comma) shall be treated separately from the others.
TERMINATION
Either party can terminate the Contract in writing within the Contract
period once the minimum Contract period has been completed. The minimum
contract period expires when payment has been received by the Seller
in respect of
that Contract unless otherwise agreed in writing with the Seller. The
Buyer will be in default and the Seller shall have the right without
notice to suspend
performance of any or all Contracts without indemnity to the Buyer
in the event that: 1) the Buyer fails to carry out its obligations
under any
contract
of which these Terms form part, or 2) the Buyer ceases or threatens
to cease to carry on its business or any substantial part thereof,
or 3) distress,
execution, judgement or any order of the Court is levied or enforced
or executed
upon or against any property of the Buyer, or 4) a Receiver is appointed
of the undertaking or assets of the Buyer; or 5) a Resolution is passed
or proceedings
are commenced for the winding up of the Buyer, or 6) the Buyer enters
into any arrangement or composition with its creditors, or 7) the Buyer
commits
any material breach of these terms not referred to above. No order
which has been accepted by the Seller may be altered or withdrawn
by the Buyer
except
with the agreement in writing of the Seller on terms that the Buyer
shall indemnify the Seller in full against all losses (including loss
of profit),
costs (including the costs of all labour and material used), damages,
charges and expenses incurred by the Seller as a result of such alteration
or withdrawal.
The Buyer shall indemnify the Seller against all additional costs incurred
by the Seller resulting from any alteration or withdrawal of an order
by the Buyer made without the written consent of the Seller. Such additional
costs
shall be paid forthwith upon the Seller’s demand. |