Terms and Conditions
THE ELECTRIC INCENTIVE COMPANY LTD
- GENERAL – Contracts and orders are accepted by the Company subject to these Conditions of Sale and no servant or agent of the Company is authorised to agree any variation, waiver or modification thereof. The Company shall not be liable for consequential loss howsoever arising in respect of any goods supplied by the Company.
- TIME LIMITS – Any time or date for deliveries specified by the Company are an estimate only, and the Company shall not be liable for delay for whatever cause.
- LOSS OR DAMAGE IN TRANSIT – No claim for damage in transit, shortage of delivery or loss of Goods shall be accepted unless the customer
- In respect of damage in transit or short delivery gives a separate notice to the carrier and the Company within 24 hours of receipt of Goods and within five days sends a complete claim in writing to the Company.
- DELIVERY – Prices quoted are for UK Mainland, unless otherwise stated.
- PRICES – Prices quoted are based upon the cost prevailing at the date thereof and shall be subject to increase without notice. Goods shall be invoiced at the prices prevailing at time of despatch.
- QUOTATION – The acceptance of a quotation will not imply a binding contract unless and until it has been confirmed in writing by an authorised employee of the Company at the Company's head office, is subject to availability of the goods and subject to checks on the Customer being done to the seller's satisfaction.
- ADMINISTRATION – Any failed deliveries as a result of incorrect address supplied by the customer will be charged to the customer for the cost of return and redelivery of the parcel at the prevailing rates. Any address found to be incorrect at point of processing will be amended using approved postcode checking software and the customer will be charged at the prevailing rate.
- PAYMENT – Is strictly cash with order unless account facilities have been approved. For account holders payment is due no later than 28 days after date of invoice. Products of a personalised nature are subject to 100% cash with order.
- OVERDUE ACCOUNTS – The Company shall be entitled to charge interest of overdue account from the date payment is due at the rate of 3% above the base rate of National Westminster Bank plc. For the time being in force until the date of actual payment, interest to be calculated at monthly rests. The Company will be entitled to withhold delivery of Goods to any Customer whose account becomes overdue.
- RISK AND TITLE
- Whilst risk in Goods supplied to the Customer under the contract shall pass on delivery, legal and beneficial ownership of the Goods shall remain with the Company until fully paid for and until such time, the Customer shall keep such goods separate from it’s property and the property of any third party and clearly identified as the property of the Company.
- Notwithstanding terms of payment specified herein or elsewhere payment for all Goods supplied for the customer shall become due immediately the customer fails to pay for the Goods on the due date or fails to pay an installment in which case the whole outstanding balance shall immediately become due or If the customer has been declared bankrupt or compounds with it’s creditors or, being a company, goes in voluntary or compulsory liquidation, or enters into a composition with it’s creditors or has an administrator or an administrative receiver or manager appointed over all or part of its assets or is otherwise declared insolvent or prohibited from trading, and the Customer shall immediately notify the Company thereof and in such circumstances.
- The power of sale granted to the Customer below shall automatically determine:
- The Customer shall not part with possession of any Goods which have been delivered by the Company to the customer: and
- The Company shall have the right, without prejudice to any other remedies, to withhold delivery of any undelivered Goods and to stop any Goods in transit.
- If payment for any Goods is overdue whether in whole or part and any Goods have been delivered to the Customer the Company may without prejudice to any of it’s other rights enter upon the Customer’s premises to recover and/or re-sell the Goods or such of them as to the Company in its absolute discretion may designate as necessary to recover the amount of payment overdue and the Company’s reasonable costs incurred in giving effect to its rights hereunder and for the purposes the Customer hereby irrevocably authorises the Company to enter and take all necessary and reasonable steps upon the premises of the Customer.
- At all times following delivery of the Goods and preceding payment as aforesaid the Customer is and shall remain a fiduciary for the Company in respect of the goods and the customer shall have the power to re-sell or otherwise deal with the Goods in the ordinary course of business in the name of the Customer on condition that:
- Such resale or other dealing shall give rise to no obligations whatsoever whether contractual or otherwise on the Company.
- The Customer shall incorporate into any dealings with a sub-buyer a term to the effect that legal ownership of the Goods the subject to that sub sale shall not pass on to the sub-buyer until payment has been received in full by the Customer. If any of the Goods are incorporated or used in other product before full payment in respect of all sums owing from the Customer to the Company whether under the contract or otherwise has been made title in such products shall be and shall remain with the Company until such full payment has been made or such products have been sold and all of the above provisions of this clause shall extend to such products
- DESCRIPTIVE MATTER – All leaflets, specifications, drawing and particulars of prices, weights, dimensions and performances issued by the Company of the manufacturer or equipment are approximate only and are not intended to be the basis of any contract between the customer and the Company
- ARTWORK – Artwork will be made available to customers on loan for the production of catalogues and marketing material
- Individual product pictures are loaned free of charge in the form of transparencies, ISDN or CD-ROM as made available by the manufacturers.
- Lost transparencies will be invoiced at £30 each and lost CD-ROM’s at £45.
- Essential Collection Artwork is available on loan at one off administration charge of £50. The Company retain all rights to ownership of any work produced from the use of Essential Collection artwork.
- Consent of use of Artwork is only granted to:
- Companies who have agreed to purchase ALL items featured from E.I.C. (unless otherwise agreed) and, who have maintained a good credit record.
- E.I.C. requires a file copy of finished brochure.
- E.I.C. agrees to maintain products and or alternatives for up to 12 months after production in line with the Terms and Conditions listed in the Essential Collection.
- E.I.C. retains all rights and ownership of the trading name, The Essential Collection and its logo.
- E.I.C. compensation fee of £5000 will be charged to any Company who fail to comply with the above.
- LEGAL CONSTRUCTION – These Conditions of Sale shall be governed by English law and the Customer agrees that any dispute or difference in connection therewith shall submitted to the jurisdiction of the English Courts.
- RETURN OF GOODS – The Company will not accept the return of any Goods of faulty manufacture without written notification which must state the nature of the fault of each Item and the invoice number relating to the purchase of each Item. All transportation charges relating to the return of Goods will be borne by the Customer unless otherwise agreed in writing. The Company will at its option replace whenever possible Goods found to be of faulty manufacture after examination provided that the procedure for return as above has been complied with. The Company will return goods that after examination are found to have no fault or defect. Carriage charged at the prevailing rate.
- CREDITS – If Goods are credited it will be at the original purchase price as referred to by the, invoice number listed on the return application sheet and agreed by the Company. In the event of receivership, administration or insolvency of the Customer credits will only be made against pre-existing indebtedness of the Customer.
Terms and conditions are subject to change without notice
Registered in England No. 2913865