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eps | terms & conditions |
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EPS NETWORKS LIMITED Terms & Conditions for the Sale of Goods and Supply of Services The following terms and conditions (“the Conditions”) are the terms on which EPS NETWORKS Limited ("the Seller") sells products and supersedes all other terms and conditions relating to the subject matter of these Conditions 1. PRICE AND PAYMENT 1.1. The price (exclusive of VAT) for the Goods (“the Price) shall be the quoted price of the Seller and payment of the Price shall be made by the buyer as shown on the invoice (“the Buyer”) within 30 days of the date of the invoice for the Goods, or as stated on the invoice, whichever is the soonest. 1.2. If the Price is not paid by the due date, EPS Networks Ltd may charge interest on any overdue amount at the rate of 4% above the base rate of the Bank England applicable for the period of the overdue payment. 2. GOODS The description and quantity of the goods to be sold (“the Goods”) shall be as set out in the quotation provided by the Seller to the Buyer (“the Quotation”) 3. DELIVERY The Seller shall deliver the Goods to the Buyer at the address of the Buyer as shown on the Quotation on the date shown on the Quotation. Time shall not be of the essence for delivery 4. ACCEPTANCE The Buyer shall be deemed to have accepted the Goods if they have not been rejected on or before the 7th day after delivery. The Buyer shall not be entitled to reject the Goods in whole or in part after such date. 5. RISK AND TITLE 5.1. Risk of damage or loss to the goods shall pass to the Buyer on delivery by EPS Networks Ltd to the delivery address. 5.2. Notwithstanding delivery and passing of risk in the goods, title to the goods shall not pass to the Buyer until EPS Networks Ltd has received in cleared funds all sums due from the Buyer in respect of all goods and services sold by EPS Networks Ltd to the Buyer under any contract. 5.3. Until such time as title in the Goods passes to the Buyer, the Seller shall have the right to repossess or otherwise recover the Goods or any other assets to the value of. 6. LIMITATION OF LIABILITY 6.1. Save in respect of personal injury or death due to the negligence of the Seller the Seller shall not be liable to the Buyer in respect of any loss suffered by the Buyer due to any defect in the Goods 6.2. Without prejudice to Condition 6.1 the Seller shall not be liable to the Buyer or any third party for any loss of profit, consequential or other economic loss suffered by the Buyer arising in any way from this Agreement 6.3. Save in respect of personal injury or death due to the negligence of the Seller the liability of the Seller under these Conditions shall not exceed the Price 7. FORCE MAJEURE The Seller shall not be liable for any default due to any circumstance beyond the reasonable control of the Seller including, but not limited to, Acts of God, war, civil unrest, riot, strike, lock-out, acts of civil or military authorities, fire flood, earthquake or shortage of supply or failure to deliver of the suppliers of the Supplier 8. GENERAL 8.1. If any term or provision of these Conditions is held invalid illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Conditions had been agreed with the invalid illegal or unenforceable provision eliminated 8.2. The Seller may without the consent of the Buyer sub licence its rights or obligations or any part of these Conditions. 8.3. The headings in these Conditions are for ease of reference only and shall not affect the interpretation of any of the Conditions 9. ENTIRE AGREEMENT Each of the parties agrees that save in respect of statements made fraudulently it shall have no remedy in respect of any untrue statement upon which it relied in entering this Agreement and that its only remedies shall be for breach of contract 10. GOVERNING LAW AND JURISDICTION This agreement shall be governed by the laws of England and Wales and the parties hereby submit to the non-exclusive jurisdiction of the Courts of England and Wales 11. RIGHTS OF CONSUMER Nothing in these Conditions shall affect the statutory rights of a consumer. |
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