TERMS AND CONDITIONS OF LIVE TELECOM LTD
1. All orders are subject to the Terms and Conditions which apply to all sales of Products by the Company and shall apply in place of and prevail over any terms and conditions contained in the Customers order or in correspondence or elsewhere or implied by trade, custom, practice or course of dealing unless made in writing and signed by the Company. For the purposes of these Terms and Conditions the following meanings shall apply.
2.Products shall mean all or any goods or services supplied by the Company to the Customer and described on or any order form of the company.
3.Company shall mean the seller of the Products, namely Live Telecom Ltd.
4. Customer shall mean the person, firm or company to whom the Company sells or provides the products and whose name and address is indicated overleaf, or on this signed terms and conditions contract.
5. These Terms and Conditions shall not affect any statutory rights to which the Customer may from time to time be entitled, to the extent that such rights cannot be varied or excluded by law.
6. The Company reserves the right to amend these Terms and Conditions from time to time. The Customer shall be notified of any such change which will become effective 5 days after notification.
7. The Company will not accept any order for Products until it has received the bank details and two trade references in respect of the Customer.
8. The price of the Products shall be the Companys quoted price or where no price has been quoted, the price listed in the Companys current price list. The Company reserves the right to amend the price list form time to time. Except as otherwise stated and unless agreed at the time of placing the order for the Products, all prices quoted are on an ex-works basis.
9. Where the Customer wishes to pay for Products by cheque, the Company will inform the Customer of the limit up to which such payment is acceptable. Such limits may be altered by the Company at its sole discretion from time to time.
10. Where the Customer has provided bank or credit card details to the Company as security, the Customer hereby agrees that any outstanding money due to the Company can be collected by the Company from the bank or credit card specified by the Customer.
11.. The Company reserves the right to charge interest on overdue invoices from the date when payment becomes due until the date of payment at the rate from time to time applicable under the Late Payment Of Commercial Debts (Interest) Act 1998, which shall also determine the method of calculation of any interest, and shall accrue at such rate after as well as before any judgement.
12. The Products shall remain the sole and absolute property of the Company as legal and beneficial owner until payment has been made in full and such payment has been cleared. Until title has passed to the Customer, the Customer shall hold the Products as fiduciary bailee for the Company, and shall be required to store them separately and keep them identifiable as the property of the Company. Until such time as the title in the Products passed to the Customer (and provided that the Products have not been resold) the Company shall be entitled to require the Customer to deliver up the Products to the Company and if the Customer fails to do so, to enter upon the premise of the Customer and repossess the Products. Notwithstanding the above, the Customer shall be entitled to dispose of the Products supplied under these Conditions in the normal course of its business as agent for the Company and shall pass good title in the Company.
13 All Products shall be delivered by courier to the address specified by the Customer and detailed on the invoice. Whilst every effort will be made to arrange for delivery to be made within 24 hours of the order being placed by the Customer, the Company shall be under no liability for any loss occasioned by delay in completing any contract or loss arising from delay in transit.
14. The risk for loss or damage to the Products shall pass to the Purchaser upon delivery of the Products to carrier for delivery to the Customer. Any products returned to the Company shall remain at the risk of the Customer until delivered at the premises of the Company.
15 Unless otherwise agreed delivery of exported products shall be on a c.i.f. basis. The Products shall be delivered to the port of destination on or before the delivery date. The Company shall arrange a contact of carriage and insure the Products from dispatch until delivery on the terms current in the trade for the benefit of the Customer. The Products shall be at the risk of the Customer as they are loaded on board. The Company shall promptly send to the Customer a clean-shipped bill of lading, insurance policy and invoice in respect of the Products. The Customer shall accept the documents tendered by the Company if they correspond to the contact and take delivery of the Products and bear all of the costs arising out of shipment of the Products to the point of destination. Customer will be responsible for the cost incurred by return of faulty products unless within fourteen days of purchase from Live Telecoms.
16. In the event that a Customer is not satisfied with any item delivered, the Customer will be able to obtain a refund of the price of the Products invoiced, providing that the item is returned to the Company within 14 days of delivery to the Customer in the same state and conditions as it was delivered to the Customer. Returns made later that 14 days from delivery will be accepted by the Company only in the event that the Products are faulty, whereupon a replacement will be provided to the Customer.
17. The Companys employees are not authorised to make representations concerning the products. In entering into any contact with the company, the Customer acknowledges that is does not rely on and waives any claim for breach of any such representation, which is not confirmed in writing by the Company.
18. Subject to the foregoing all conditions, warranties and representations express or implied by statute, common law or otherwise in relation to the Products are hereby excluded to the fullest extent possible by law and the Company shall be under no liability to the Customer for any loss damage or injury direct or indirect resulting from defective material, faulty workmanship or otherwise howsoever arising.
19 The Company shall not be liable to the Customer for defects in Products caused by any act, neglect or default on the Customers part or on the part of any third party.
20. The Companys aggregate liability to the Customer whether for negligence, breach of contract or misrepresentation or otherwise shall be limited to the cost of the defective or damage or undelivered Products, determined by the net price invoiced to the Customer on the occasion of the relevant delivery.
21 These Terms and Conditions shall be governed by and construed in accordance with English Law and the parties and agree to submit to the non-exclusive jurisdiction of the English courts.
22. Where payment is by an agreed credit account or cheque on delivery the customer agrees that Live Telecoms Ltd is a Secured Creditor.
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