Conditions of Sale & Purchase & Trade

1 All goods are sold by us are sold solely upon the following terms and conditions unless other wise agreed and confirmed by us in writing as a separate document to any other document and counter signed , dated and stamped with the seal of this company, and signed by a Director of this company. Printed conditions attached or otherwise to customers purchase order forms are binding only in so far that they are not at variance with these our terms and conditions of sale
1(a) All goods that are accepted by us and confirmed by a customers purchase order are accepted solely upon these and the following terms and conditions of sale. Printed conditions attached or otherwise to customers purchase order forms are binding only in so far that they are not at variance with our terms and conditions of acceptance and our general terms and conditions of sale. Spectrolab Systems will not enter into an agreement whether assumed or otherwise with any company other than on these our terms.
1(b) Any quotation or proforma invoice or other document issued by our company is issued on the basis that it provides information that is our best estimate of the likely delivery times, shipping dates, prices and description of goods and other and none of the information contained can be considered as part of any contract whatsoever. All information is provided on the basis that it is given in good faith and to our best knowledge at the time this information was given. Also under no circumstances will we accept liability for any deviation from dates, prices, goods description, shipping dates etc that are shown on our quotations , proforma invoices and other documents, that might be considered as part of any acceptance of liability for whatever reason.
1(c) Any purchase order that is cancelled either in part or in its entirety will be subject to our conditions of cancellation . We will always make a charge for such cancellations up to an amount that is 110% of the total amount shown in our quotations and proforma invoices and will add to this amount any other amount relating to our costs of securing such payments owing . Our charges will be based on £210 per hour for each of our employees involved in securing payment of our cancellation charges and will add to this all other costs from third parties. We will always endeavour to minimise such costs

2 Passing of Property and Risk
Risk of damage to or loss of goods shall pass to the Buyer: in the case of goods to be delivered otherwise than at the Sellers premises, at the time when the Seller notifies the Buyer that the goods are available for collection, or in the case of goods to be delivered otherwise than in or at the Sellers premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the goods. the time when the Seller has tendered delivery of the goods. Subject to Condition 2 (d) below notwithstanding delivery and the passing of risk in the goods, or any other provision of these conditions, the property in the goods shall not pass to the Buyer until the Seller has received in cash or cleared funds for payment in full of the price of the goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
2 (b) Until such time as the property in the goods passes to the Buyer, the Buyer shall hold the goods as the Sellers fiduciary agent and bailee and shall keep the goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Sellers property. Until that time the Buyer shall be entitled to re-sell or use the goods in the ordinary course of its business, but shall account to the Seller for the proceed of the sale or otherwise of the goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of the Buyer and third parties and, in the event of tangible proceeds, properly stored, protected and insured.
2(c) Until such time as the property in the goods passes to the buyer ( and provided the goods are still in existence and have not been resold) the Seller shall be entitled at any time to require the Buyer to deliver up the goods to the Seller and if the buyer fails to do so forthwith, to enter upon any premises of the buyer or any third party where the goods are stored or kept and repossess the Goods.
2(d) Passing of Property in Scotland: Notwithstanding delivery and the passing of risk in the goods or any other provision of these conditions, where any goods are situated in Scotland the property in those goods shall pass to the Buyer on the receipt by the Seller, in cash or cleared funds, of payment in full of the price of this goods.

3 Delivery Dates and Force Majeur: Whilst delivery dates are given in good faith and every effort is made to adhere to them, they cannot be guaranteed nor can we accept any responsibility whatsoever for any consequence of late delivery unless the Buyer has entered into a separate agreement with the Seller in which both parties confirm agreement of delivery on a specific date. Such an agreement will be made separately in writing before a purchase order is placed on the Seller and confirmed by the Directors of both the Buyer and the Seller. Whether time for delivery has been made of the essence or not, we cannot and will not in any circumstances whatsoever be held liable for any damage or loss to the buyer in respect of late delivery occasioned by circumstances which we consider beyond our control

4 Warranties
All Warranties offered are as per our detailed conditions of Warranty and may be different for each product offered and may vary from time to time.

5 Copyright
Any product originating from the company that is manufactured by the Company and has been designed by the Company may not be copied in full or in part by any other party unless written authority has been agreed and approved by the Director of the Company and signed and dated. In all instances our designs , trademarks and know how is a valued commodity and can only be used, copied or traded by other parties with prior approval in writing and duly signed by an authorised Director of the company. Any misuse of these conditions will be subject to costs being paid to the Company that are excessive relative the apparent value and all rights are reserved by the Company. Designs and Copyright may not be transferred from one party to another.
Note. The Terminology referred to as the Company in this document means www.spectrolab.co.uk Ltd trading as Spectrolab Systems

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