Terms & Conditions

Terms & Conditions of Sale

  • 1. GENERAL
  • (a) In
    these conditions of sale:
    • 'the
      Company' means The Smart Card Store Ltd.
    • 'the
      Buyer' means the person or firm or Company ordering or buying Goods from the
      Company.
    • '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
  • (a)
    Unless otherwise agreed in writing delivery of the goods will be ex works.
  • (b)
    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.
  • (a)
    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.
  • (c)
    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
  • (a)
    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
    Buyer.
  • (c)
    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
    insure accordingly.
  • (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
delivery.

  • 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.
  • (c)
    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
    in transit.
  • 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:

  • (a)
    fails to make payment on the due date under any contract with the Company, or
  • (b)
    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.