TERMS AND CONDITIONS OF BUSINESS
1. DEFINITIONS. In these Terms and Conditions "The Company" means Dentron Limited, and "The Customer" means any individual or organisation purchasing or hiring goods or services from the Company.
2. GENERAL CONDITIONS AND VARIATION. The placing of an order by The Customer shall imply acceptance of these Terms and Conditions. Any waiver by The Company of any breach of these Terms and Conditions shall not prejudice the subsequent enforcement of the term and shall not be deemed to be a waiver of any subsequent breach. No agent intermediary distributor wholesaler dealer representative or any other person shall have the authority to vary these Terms and Conditions without the prior agreement in writing of a Director of The Company. In the absence of a specific agreement to the contrary in writing by a Director of The Company, these Terms and Conditions shall override and exclude any other terms stipulated or incorporated or referred to by The Customer.
3. OFFERS AND ACCEPTANCE. No contract shall exist between The Company and The Customer until either an offer of payment for goods or services has been accepted by The Company or else a Hire or Hire Purchase Agreement between The Customer and The Company has come into force.
4. PRICES. The Company reserves the right to alter prices at any time without prior notice. Notwithstanding any previous quotation, all prices are subject to VAT where applicable at the rate ruling at the date of despatch.
5. PAYMENT. In the absence of a specific agreement to the contrary in writing by a Director of The Company, terms of payment shall be strictly cash with order. Where exceptionally credit facilities are offered outside the terms of a Hire or Hire Purchase Agreement, full payment shall be made within 28 days of the date of the invoice. The Company reserves the right to charge interest at 2% per calendar month or part thereof on all overdue payments.
6. RISK AND OWNERSHIP. While risk of loss or damage to goods supplied by The Company shall pass to The Customer on delivery, ownership shall not pass until all charges relating to the goods have been paid in full, which condition shall not have been met until any cheque or other instruments of payment have been honoured. Goods which are the property of The Company shall be returned to The Company on demand at The Customer's expense and The Company shall have the right to enter any premises of The Customer for the purpose of recovering the goods. Demand for or recovery of the goods by The Company shall not of itself discharge either The Customer's liability to pay the charges relating thereto or the rights of The Company to sue for their payment. This clause shall be subject only to the provisions of the Consumer Credit Act 1974 governing any agreement between the Company and The Customer.
7. WARRANTY. All Dentron equipment is guaranteed against defects in materials or workmanship for one year from the date of sale to the original purchaser and shall be repaired or replaced at The Company's option without charge if returned to The Company’s premises within the Warranty period at The Customer's expense. Defects deemed by The Company to be due to accident or abuse shall not be covered by this Warranty. Resale other than by an accredited dealer, unauthorised tampering with equipment or use other than in accordance with The Company's current instructions and recommendations shall invalidate this Warranty. This Warranty shall be in lieu of any other warranty or condition except any implied by law which by law cannot be excluded. Except when The Customer buys as a consumer The Company accepts no liability for any alleged breach of contract of sale whether expressed or implied by statute save as covered by This Warranty.
8. EXAMINATION AND DAMAGE IN TRANSIT. It shall be the responsibility of The Customer to examine all goods on delivery and report any signs of damage to The Company within 14 days of the date of the invoice or 10 days of the date of delivery, whichever is the later. All claims for damage in transit must be directed to the carrier.
9. FITNESS FOR PURPOSE. Goods supplied by The Company must only be used for the purpose for which they are designed and in accordance with The Company's current written instructions. No claims of any nature will be entertained if this condition is broken. It shall be the responsibility of The Customer to ensure that goods ordered are fit for the intended purpose.
10. RETURNS AND CANCELLATIONS. Except where otherwise provided by law, goods may only be returned or orders cancelled with the prior consent of The Company. Except in the case of goods returned for repair, The Company reserves the right not to agree to the cancellation of orders relating to the purchase, hire or hire purchase of goods or services, or to sanction the return of goods despatched. If the Company agrees to such return or cancellation The Company reserves the right to levy an administration charge of 20% of the value of each item returned or ordered, subject to a minimum charge of £2. In the case of goods returned for repair after the expiry of the Warranty period The Customer shall be liable for all charges including those for parts labour insurance and carriage to and from The Company’s premises. Returned goods for which the charges have not been pre-paid shall be retained at the Company’s premises for a period of six months from the date of return to The Company and The Company shall then have the option of selling the goods to recoup all charges due together with the reasonable cost of storage.
11. LIABILITY. Except for any liability which may be incurred for death or personal injury resulting from negligence or under Part 1 of the Consumer Protection Act 1987 The Company shall not be liable in any way whatsoever whether in contract, in tort, in misrepresentation or otherwise for any consequential or other loss damage or injury however caused which may arise out of or in connection with the supply of goods or services to The Customer or any delay in supplying goods or services or the absence of goods under repair from The Customer's premises.
12. HIRING AND HIRE PURCHASE. The hiring and hire-purchase of goods shall be subject to the additional special terms and conditions of a Hire or Hire Purchase Agreement between The Company and The Customer, without prejudice to any other of these present Terms and Conditions.
13. EXPORT. Export sales shall be subject to The Company's Terms and Conditions of Export which are available on request, without prejudice to the existence of any other terms of agreement. In particular, it shall be the responsibility of the Customer to ensure that the import of goods supplied by or on behalf of The Company into the country of destination complies with all relevant laws and regulations and to pay all duties taxes and other charges connected with such import.
14. DATA PROTECTION ACT. Details of all persons and bodies having dealings with The Company may be stored on computer. Details of purchasers of equipment may be revealed to potential customers of either the purchaser or The Company unless the purchaser indicates otherwise.
15. CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS 2000. The Customer has the right to cancel any order within seven working days from the day after the goods are received and to have any advance payment refunded within thirty days of the cancellation. If this right is exercised The Customer shall return the goods to the Company in good condition or make them available for collection by the Company or its agents. In either case the cost of returning the goods shall be borne by The Customer, if necessary as a deduction from any refund.
16. WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT DIRECTIVE. The Customer shall either at his own expense return equipment for recycling by The Company or else accept responsibility for compliance with the requirements of the Directive.
17. SUBSIDIARIES AND ASSOCIATED COMPANIES. These Terms and Conditions shall also apply to The Company's subsidiaries and associated companies.
18. LAW. Any dispute between The Company and The Customer shall be subject to English Law and be settled under the jurisdiction of the English Courts.