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Sculpture Machine ltd Terms & Conditions
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| INTRODUCTION. In these Terms and Conditions the "Company" means: Sculpture Machine ltd. The "Buyer" means: the person, firm or company offering to buy goods from the Company. "Goods and Services" means: the goods or materials or services which the Buyer is offering to buy. The agreement shall be governed by English Law. AII disputes of any nature shall be settled by an English court of competent jurisdiction. Each of the provisions of the Agreement shall be treated as separate and distinct, and any part held by a court to be unenforceable shall be considered removed and shall not affect the validity of the remainder. No particular provision shall be taken as limiting, prejudicing or affecting in any way any other provision or any right, remedy or entitlement of the Company under general law. PRICES. The price for the Goods shall be as set out in the Company's order acknowledgement or invoice, but the Company reserves the right at its option to charge or credit to the Buyer the amount of any error or omission in the price as so set out. The Buyer agrees that the Company shall have the right, at any time before delivery of the Goods, to withdraw any discount and/or revise any price quoted if, after the Company's acceptance of any order, (i) there is an increase or decrease in the Company's generally applicable prices for such (or similar) goods, or (ii) there is an increase or decrease in the cost to the Company of supplying the Goods whether by reason of exchange rate fluctuations, third party charges or otherwise. The Buyer agrees that the Company shall have the right to revise any price quoted if the extent of supply is altered from the original agreement on the request of the Buyer. Unless otherwise specified, VAT and other duties or taxes payable by the Buyer shall be added to the price. PAYMENT TERMS. Payment or agreed stage Payment is due in full in pounds sterling without any deduction or set-off within the agreed terms from the date of the invoice, which may be issued at any time after the Goods and Services are ready for despatch/have been carried out or when due as laid out in an agreed schedule of payment or as stated on the invoice. If any payment is not made when due, the Company may charge, and the Buyer shall pay on demand, interest on the amount outstanding at a fair rate. All Goods remain the property of the Company until paid in full. The Company reserves the right to take any action deemed necessary to recover the Goods not paid for, or amounts outstanding. DEFECTIVE GOODS. The Company shall, as soon as it is reasonably able, investigate any alleged defect and take appropriate action, i.e. repair or replacement of Goods if no repair is possible. The Company shall not be liable for defects in Goods or Services caused by fair wear and tear, abnormal conditions of storage, misuse or neglect on the part of the Buyer or any third party. The cost of any Goods or Services supplied by the Company when investigating or rectifying any alleged defect that has resulted from defects in Goods or Services caused by fair wear and tear, abnormal conditions of storage, misuse or neglect on the part of the Buyer or any third party will be chargeable. WARRENTY. Any Goods (component parts) supplied shall be subject to the warranty of their original manufacturer and/or supplier, in the event of any material (hardware) fault occurring, the Company will endeavour to promptly rectify any issue but any costs incurred will be chargeable to the Buyer. LIABILITY. The Company shall not accept any responsibility for loss of use or loss of profit, interruption of business or any other indirect, special or consequential losses of any type arising or alleged to have arisen out of any act or default of the Company. In respect of its obligations hereunder, the company's aggregate liability to the Buyer hereunder or otherwise arising whether for negligence, breach of contract, misrepresentation or otherwise, shall in no circumstances exceed the cost of the defective, damaged or undelivered Goods or Services which give rise to such liability as determined by the net price invoiced to the Customer in respect of any occurrence or series of occurrences. FORCE MAJEURE. The Company shall not be liable to the Buyer for any loss or damage suffered by the Buyer as a direct or indirect result of the supply of Goods or Services by the Company. The Company reserves the right formally to vary these Terms and Conditions by not less than seven days' notice in writing to the Buyer. The Buyer shall be entitled to reject any such variation by a counter-notice served within seven days of the company's notice; if no counter-notice is received, the Buyer shall be conclusively deemed to have accepted any such variation. |
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