For the purposes of these Conditions of Sale, the following definitions shall apply:
1.1. "The Company" shall mean SurvivalBox Limited of Highwood, Fir Drive, Blackwater, Surrey, GU17 9BU. Registered No. 8074503
1.2. "The Purchaser" shall mean the party described as the customer.
1.3. "The Goods" shall mean all goods supplied by the Company to the Purchaser under this contract.
2. OVERRIDING PROVISIONS
2.1. All offers are accepted and all Goods are sold subject to and upon these Conditions of Sale. No addition, alteration, variation or waiver of any term of these Conditions of Sale shall be binding unless agreed in writing by the parties. The Purchaser shall be deemed to have agreed these Conditions in relation to all present and future dealings between the parties.
2.2. No Purchaser Terms and Conditions of Purchase and no other terms, conditions, warranties, particulars, standards, criteria, specifications and other matters, whether written or oral, express or implied, shall form part of or be deemed to be incorporated into this contract unless agreed in writing by an authorised officer of each party.
3. CREDIT ACCOUNT
3.1. The Company may, in its absolute discretion, refuse any application for a credit account or for an extension of an existing line of credit without disclosing the reason for so doing.
Where the Company has agreed to arrange delivery of the Goods, the following provisions shall apply:
4.1. The Goods will be delivered to the location stated on the order as accepted by the Company
4.2 Times quoted for delivery represent only the Company’s best estimates, time not being of the essence. The Company shall in good faith endeavour to meet such estimated times, but reserves the right to vary the time of delivery and shall not be responsible for any loss or damage suffered by the Purchaser as a result of such variation.
4.3. Delivery notes must be checked and signed at the time of delivery
4.4. It shall be the duty of the Purchaser to examine the Goods upon delivery to ensure that the delivery is complete and that the Goods have no been damage in transit.
4.5. In the event that any of the Goods have been damaged in transit or delivery is incomplete the Purchaser shall notify the Company by clearly stating the nature of such damage or incomplete delivery upon the Delivery Note prior to signature thereof
4.6.The Company’s liability shall be limited to the purchase price of the Goods damaged and not delivered
4.7. The Company shall be under no liability whatsoever if the Purchaser fails to give such notice of damage or non-delivery and any such damage to the Goods shall be deemed to have occurred after the transit is ended unless the contrary is proved by the Purchaser
4.8. No Goods may be returned to the Company unless the Company’s prior written consent is obtained
4.9 Delivery may take up to 20 working days, although in reality it is normally within a few days. This extends to 30 working days for international shipments. Orders will not be considered undelivered or lost until after this time.
5.1 Goods will be charged at the Company’s prices ruling on the date of dispatch.
6.1 Refunds, at the discretion of the Company, may be provided if the Goods are returned within seven days of receipt. In the event that a refund is requested the Purchaser must notify the Company in advance to obtain the Company’s consent to the refund. The Company will only refund the item purchase price, excluding any delivery charges.
7. REPRESENTATION AND WARRANTY
7.1. At the date of delivery, all Goods supplied by the Company shall conform with all United Kingdom statutory enactment’s and regulations which relate thereto and shall be free from defects in materials and design.
7.2. The Company’s liability for failure to comply with the aforementioned warranty, shall be limited to the replacement free of charge of the Goods failing to comply with the warranty or at the option of the Company, issuing to the Purchaser a credit note equivalent to the price of the Goods failing to comply with the warranty. The Company shall not in any event be liable unless the Purchaser notifies the Company in writing within 1 (one) week of any date of delivery of the Goods or the expiration of the "best before" date(s) applicable to the Goods (whichever is the earlier of the two) of any defect or failure to comply with United Kingdom statutory enactment’s and regulations
7.3. The Company’s catalogues, price lists and all descriptions other that any directly referable to the contract, are merely indications of the kind of goods supplied by the Company, and no particulars given in any of them shall bind the Company unless expressly agreed in writing by the Company.
8.1. The Company shall not in any event be liable for any loss of profit or other indirect or consequential loss or damage howsoever arising
8.2. Except as specifically provided in these Conditions, the Company shall be under no liability for any loss or damage whatsoever attributable to any act or default of the Company or failure to carry out the contract terms
8.3. The Company shall indemnify the Purchaser subject to the provisions of (a) in respect of any claims arising from:
8.3.1. personal injury to or death of any person whomsoever and
8.3.2. Any damage to or loss of any property, real or personal, insofar only as such injury, death, damage or loss is due to any negligent act or default of the Company, its servants, agents or other persons for whom it is responsible and is not attributable to the negligent act or default of the Purchaser, its servants, agents or other persons for whom it may be responsible.
PROVIDED ALWAYS that except to the extent the Company’s liability cannot be so limited the Company’s liability hereunder in respect of any one occurrence or series of occurrences originating from the one source, shall not exceed £50,000 or the contract price whichever is greater.
9. TITLE AND RISK
9.1. The risk in the Goods shall pass to the Purchaser upon delivery
9.2. Title to the Goods shall remain the property of the Company until such time as all debts and other liabilities (whether arising under this contract or otherwise) owed by the Purchaser to the Company have been paid in full
9.3. The Purchaser hereby irrevocably authorises the representatives of the Company to enter upon the Purchaser’s premises where the Goods are stored, or are thought to be stored, for the purpose of repossessing them and subsequently reselling them.
10.1 All accounts are due for payment at the Company’s office at Highwood, Fir Drive, Blackwater, Surrey, GU17 9BU, 28 days from the date of invoice. All sums due to the Company shall be paid in full and the Purchaser shall have no right of set-off in any circumstances.
10.2. In the event that payment is not received by the Company by the due date, the Company shall be entitled to suspend all further deliveries until payment is received and/or repudiate the contract. In such event, the Company shall be entitled to sell any Goods still in its possession and the Purchaser shall indemnify the Company for any loss incurred thereby
10.3. The Company reserves the right to charge interest on all overdue balances calculated on a daily basis at the rate of 8% per annum above the minimum lending rate of Bank of England from time to time in force, in addition to a minimum £40 administration fee.
10.4. Notwithstanding anything in these Conditions of Sale or implied to the contrary, in the event of the Purchaser ceasing to take supplies from the Company (for whatever reason) or the Company ceasing to deliver supplies to the Purchaser (for whatever reason) the whole amount of monies due from the Purchaser to the date of cessation shall fall due for immediate payment.
10.5. The Purchaser will be liable for all costs incurred by the Company in the recovery of debts not paid by the due date.
10.6. Payment may, at the discretion of the Company, be made by cheque, credit transfer, direct debit or cash.
No retrospective/turnover discounts will be given to the Purchaser unless the charges for the period covered have been paid in accordance with standard settlement terms.
12. FORCE MAJEURE
If the Company’s ability to perform its obligations hereunder is limited, delayed or prevented in whole or in part by any reason whatsoever not reasonably within the control of the Company, the Company shall be excused, discharged and released without penalty from performance of the contract to the extent that such performance is so limited, delayed or prevented.
13. SUB CONTRACTS
The Company shall in its discretion be entitled to subcontract its obligations, hereunder.
All notices and communications made pursuant to these Conditions of Sale by one party to the other shall be validly given or made by letter by first class registered post sent to the addresses listed above or such address as shall be notified to the party concerned. All noted sent in accordance with the above shall be deemed to have been received within forty-eight hours of the date of posting.
By signature, placing an order and/or acceptance of Goods, the Purchaser agrees to be bound by these Conditions of Sale.
If any of these Conditions of Sale is held not to be valid but would be valid if any pert of the wording were deleted or modified then that provision shall apply with such modifications as may be necessary to make it enforceable.
17. GOVERNING LAW
These conditions of Sale shall be governed by and construed in accordance with English Law and each party irrevocably submits to the jurisdiction of the English courts.