1. For the purposes of these conditions Black Box AV are therein after referred to as “The Supplier”.
2. These conditions shall apply to the supply of goods and services by the Supplier.
3. All orders are accepted only upon and subject to these conditions of sale to the exclusion of all conditions of the purchasers order or any other written or printed document except in so far as the same are expressly accepted by the supplier in writing.
4. No variation to an order shall be binding on the supplier unless or until accepted in writing by the supplier. Such acceptance shall only include such goods and works specified or incorporated in the acceptance.
5. Prices quoted by the supplier are exclusive of the cost of carriage and carriage shall be paid by the purchaser unless otherwise agreed in writing by the supplier.
6 (a) The purchaser shall pay for any loss to or extra cost incurred by the supplier through the purchaser’s instructions or lack of instructions or the purchaser’s delay or failure in taking delivery or through any request act or default on the part of the purchaser or the purchasers employees.
(b) If the purchaser shall fail to take delivery of goods and services available within 48 hours of written notice from the supplier to do so the supplier shall be entitled to rescind the contract for the supply of such goods or (if part of a larger order) the remainder of such order and to retain any monies paid therefore as liquidated damages for breach of contract
7. Any time or date for delivery is given by the supplier in good faith but is not guaranteed. The purchaser shall have no rights to damages or to cancel the order if delivery is effected within a reasonable time of the due date.
8. If a purchaser cancels an order he will be liable for breach of contract and a termination charge to be determined by the supplier shall be levied. If a purchaser cancels part of an order then without prejudice to the rights of the supplier against the purchaser the purchaser shall pay to the suppler the difference between the price charged for the quantity of any items already supplied and the price, which would have been charged if such quantity had comprised the whole of the order.
9. Any defect or specification in any goods or services shall not give the purchaser any grounds for cancelling the remainder of an order or contract, nor shall it be grounds for delay in payment for goods already delivered.
10. (a) Goods/services represented by a purchaser to be defective shall not form the subject of any claim for the work done by the purchaser or for any loss damage or expense whatsoever resulting from or arising directly or indirectly out of such defects.
(b) Without prejudice to sub-paragraph (a) above, the supplier will replace or repair such goods and/or sub-standard services as in its absolute discretion it considers to be defective because of faulty materials or workmanship, provided that notice in writing giving full details of such defects is given by the purchaser to the supplier within 10 days of receipt of the goods/services and, within ten days thereof, the defective goods are returned to the supplier at the expense and entire risk of the purchaser.
11. (a) Goods represented by a purchaser to have been lost or damaged in transit whether due to negligence of the supplier or its carriers shall not form the subject of any claim for work done by the purchaser or for any loss or damage or expense whatsoever resulting from or arising directly or indirectly out of such loss or damage
(b) Failure to advise the supplier of non-delivery of goods/services within ten days from date of advice will relieve the supplier of all responsibility and liability for loss
(c) Losses or damage to goods must be notified both to carriers and supplier immediately and damaged parts and packages retained for inspection. No liability whatsoever will be accepted upon failure to do so.
12. If a purchaser shall make default in or commit breach of this contract or any other of its obligations to the supplier or if any distress of execution shall be levied upon the purchaser’s property or assets or if the purchaser shall make or offer to make any arrangements or composition with creditors or commit an act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented or made against him or if the purchaser shall be a limited company and any resolution or petition to wind up such company’s business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented or if a receiver of such company’s undertaking property or assets or any part thereof shall be appointed or if the business of the purchaser is closed down by executive or judicial authorities the supplier shall have the right to determine any contract then subsisting and upon written notice of such determination being posted by it to the purchasers last known address any subsisting contracts shall be deemed to have been determined without prejudice to any claim or right which the supplier might otherwise make or exercise.