Terms & Conditions
Terms & Conditions of Sale
- 1. GENERAL
- (a) In
these conditions of sale:
Company' means The Smart Card Store Ltd.
Buyer' means the person or firm or Company ordering or buying Goods from the
Goods' means the Goods or the Services the subject matter of the relevant order
or contract for sale.
- (b) No
contract in respect of the Goods between the Company and the Buyer shall exist
until the Buyer's order has been accepted by the Company. In the event that the
Buyer's order seeks to make the sale subject to terms different from these
conditions acceptance of the Buyer's order by the Company (whether or not such
acceptance is effected by a formal order acknowledgement) shall be deemed to be
a fresh offer by the Company on the basis of these conditions, in which event
(unless these conditions are accepted by the Buyer prior to delivery)
acceptance of delivery of the Goods by the Buyer shall constitute acceptance of
the Company's offer, and the contract of sale shall be formed at that moment.
No conditions or terms stipulated in any other communication or document shall
vary or annul any of these conditions except insofar as the same are expressly
consented to in writing by the Company.
- 2. PRICE
Unless otherwise specified
prices are for delivery ex Company's offices and are subject to Company's right
to increase any price to take account of delivery charges, insurance costs,
special handling charges (if any), agreed changes in the specifications or changes
in any taxes, duties or levies charged in relation to this contract and/or any
costs or expense incurred by the Company as a result of site conditions,
delays, interruptions, lack of information, changes in exchange rates and/or
without limitation any other factors beyond the Company's control. This
document does not in itself constitute an offer for sale. The Company reserves
the right to vary the specification of any item, withdraw, modify, or amend any
item without prior notice.
- 3. DELIVERY & PAYMENT
Unless otherwise agreed in writing delivery of the goods will be ex works.
Where dispatch is delayed through the Buyer's unwillingness or inability to
arrange carriage or delivery, or to make any payment due prior to dispatch the
Company may effect delivery of the goods by giving written notice that the
goods are ready for dispatch.
- (c) If
the goods are stored by the Company at the Buyers request or after notice has
been given that the goods are ready for dispatch the Buyer shall reimburse the
Company for all costs and expenses of storage (including any necessary transit
costs and insurance).
- (d) The
Buyer shall be responsible for inspecting the goods on arrival and shall notify
the Company immediately if there is any damage, discrepancy or shortage or
within 7 days after receipt of notice of dispatch in the event of non-arrival.
Unless otherwise agreed in writing credit account invoices are due and payable
strictly within 30 days from the date of the invoice.
- (b) In
no case shall any dispute concerning any item or separate part of the goods or
work or any further contractual obligations of the Company to the Buyer affect
the Buyer's obligation in respect of payments for other parts if any part or
instalment of the price is not paid when due, or due or work on the goods is
held up for any reason attributable to the Buyer, or Buyer incurs bankruptcy,
insolvenecy, liquidation or the appointment of a receiver, the full price of
the goods less any sums already paid in respect of the goods and/or work done
by the Company shall immediately become due and payable by the Buyer and the
Company may at its option cancel the contract or cancel or suspend dispatch.
Without prejudice to any other right of the Company all overdue payments shall
carry interest at the rate of two percent per month or part month (APR 27.3%)
on the amount or amounts for the time being outstanding.
- 4. PAYMENT
- 5. PRELIMINARY WORK
All work carried out additional
to that specified in the relevant quotation or order, whether experimentally or
otherwise, shall be charged.
- 6. TITLE AND RISK
Notwithstanding delivery and the passing of risk, the property in the Goods
shall remain in the Company until the Buyer has paid all monies owed by it to
the Company under this or any other contract or otherwise. If any of the Goods
are processed into, incorporated in, used as material for, or mixed with other
Goods or materials prior to such payment the property (but not the risk) in the
whole of such Goods or materials shall pass to the Company at the moment of
such processing, incorporation, use or admixture and shall remain with the
Company until payment of all such monies as are specified in this condition.
Until such payment is made the Buyer shall possess all Goods and materials the
property in which is vested in the Company by virtue of this condition on a
fiduciary basis only and, if the Company so requires, the Buyer shall store
such Goods and materials at no cost to the Company so that they are clearly
identified as belonging to the Company. If any payment is overdue the Company
may (without prejudice to any of its other rights and remedies) recover and
resell any or all of such Goods or materials and may enter upon the Buyer's
premises for that purpose.
- (b) The
Buyer has the right to sell for the account of the Company any Goods or
materials the property in which is vested in the Company by virtue of this
condition. In such event the Company shall be entitled to, and the Buyer shall
be under a fiduciary duty to account to the Company for, the proceed of such
sale to the extend that any monies are owed by the Buyer to the Company. In
addition, the Company shall be entitled to make a claim directly against the
Buyer's customer for any purchase monies unpaid by the customer and the Company
shall be entitled to retain from any monies recovered from the customer all
monies due to the Company from the Buyer plus all costs and expenses involved
in making the claim. If there is any excess the Company will return this to the
Notwithstanding the preceding condition, all risk in respect of the Goods shall
be assumed by the Buyer upon delivery of the same to him.
- (a) The
Buyer's property and all property supplied to the Company by or on behalf of
the Buyer shall, while it is in the possession of the Company or in transit to
or from the Buyer, be deemed to be at the Buyer's risk and the Buyer shall
- (b) The
Company shall be entitled to make a reasonable charge for the storage of any of
the Buyer's property left with the Company before receipt of the order or after
notification to the Buyer of completion of the work.
- 7. BUYER'S PROPERTY
- 8. LOSS OR DAMAGE IN TRANSIT OR NON-DELIVERY
The Buyer shall examine the
Goods immediately they are delivered to him. The Company reserves the right to
reject claims in respect of shortages or damage in transit or non-delivery
unless the same are submitted in writing to the Company within 7 days after
delivery of Goods, or in the case of non-delivery 7 days after the due date of
- 9. LATE DELIVERY
Whilst the Company will use its
best endeavours to deliver the Goods in accordance with the Buyers
requirements, the Company will not be liable for any consequences of late
delivery howsoever caused.
- 10. DEFECTIVE PRODUCTS
- (a) The
Company's liability (both in contract and in tort) in respect of defects in the
Goods shall be limited to the replacement of faulty items or material, or the
issue of credit note in respect thereof, or the granting of a refund or such
other compensatory measures as the Company at its discretion considers
appropriate in the circumstances. Such measures shall relate only to the actual
faulty items or their value, and the Company shall not in any circumstances be
under any liability to the Buyer in respect of indirect or consequential loss
or damage, or loss of profits, sustained by the Buyer PROVIDED, always that
these conditions do not exclude or restrict the Company's liability for death
or personal injury arising from its negligence.
- (b) A
returns authorisation number must first be obtained from the Company's service
department either by telephone or letter. Returned Goods must be accompanied by
a copy of the original invoice relating to their purchase.
GOODS RETURNED MUST BE IN THE ORIGINAL PACKAGING AND IN A CLEAN RESALEABLE
CONDITION. GOODS RETURNED OTHERWISE WILL, AT THE COMPANY'S DISCRETION, EITHER
BE REFUSED OR A FURTHER ADDITIONAL RESTOCKING FEE CHARGED TO COVER THE
ADDITIONAL COSTS INVOLVED. Goods returned for repair under warranty must be
accompanied by a copy of the original invoice, or must quote the original
invoice number and date of purchase. Before returning items, please ring the
Company's service department for authorisation to return items - a discussion
of the problem may assist in rectifying faults before Goods are returned! It is
the Buyer's responsibility to ensure that any Goods returned are properly
insured. The Company shall not be responsible for Goods returned that are lost
- 11. FORCE MAJEURE
The Company reserves the right
to cancel vary or suspend the operation of contract of sale if events occur
which are in the nature of force majeure including (without prejudice to the
generality of the foregoing) fire, floods, storm, plant breakdown, strikes,
lock-outs, riot, hostilities, non-availability of materials or supplies or any
other event outside the control of the Company; and the Company shall not be
held liable for any breach of contract resulting from such event.
- 12. CANCELLATION
The Company may withhold or
cancel any deliveries or services under the contract of sale and may recover
all losses resulting therefrom if the Buyer:
fails to make payment on the due date under any contract with the Company, or
enters into a composition with his creditors, or (being a Company) has a
receiver appointed or passes a resolution for winding up or if a Court shall
order it to be wound up, or commits an available act of bankruptcy, or
- (c) is
in breach of any of the terms and conditions contained herein (notwith-
standing that on a former occasion or occasions it had waived its rights). The
exercise of rights under condition 12 shall be without prejudice to the
Company's other rights of remedies.
- 13. COPYRIGHT
The copyright and all other
rights in the material on this and all other The Smart Card Store Ltd websites
are owned by us or are included by permission of the owner of those rights. No
parts of these websites may be used without specific written permission from The
Smart Card Store Ltd. All rights reserved.
- 14. TRADEMARKS
The trademarks and logos used
and displayed on all The Smart Card Store Ltd websites are registered
trademarks of The Smart Card Store Ltd and others and may not be used without
the prior written consent of the trademark owner.
- 15. LEGAL PROVISIONS
These conditions of sale shall
be construed in accordance with English law.