MARINE FIRE SAFETY

TERMS OF TRADING

1 Definitions:

1.1 Buyer means the person who buys or agrees to buy the goods or services from the seller.
1.2 Conditions means the terms and conditions of sale set out within our invoice or quotation documents and any special terms and conditions agreed in writing by the seller.
1.3 Delivery Date means the date specified by the seller when the goods or services were delivered or carried out.
1.4 Goods or Services means the articles or services, which the buyer agrees to buy from the seller.
1.5 Price means the price for the goods or services excluding carriage, packing, insurance and VAT.
1.6 The Seller means the persons whose name and address are t/a Fire Safety & Training Services of Warsash, Southampton, Hampshire SO31 9GN.

2. Conditions Applicable:

2.1 These conditions apply to all contracts for the sale of goods or services by the seller to the buyer to the exclusion of all other terms and conditions including any terms or conditions which the buyer may purport to apply under confirmation or order or similar document.
2.2 All orders for goods or services shall be deemed to be an offer by the buyer to purchase such goods or services pursuant to these conditions.
2.3 Acceptance of delivery of the goods or services shall be deemed conclusive evidence of the buyer's acceptance of these conditions.
2.4 Any variation of these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the seller.

3. The Price and Payment:

3.1 The price shall be the sellers quoted price, which is set out within the sellers invoice document. The price is exclusive of VAT, which shall be due at the rate ruling on the day of the sellers invoice.
3.2 Payment of the price and VAT shall be due within 30 days prompt of the date of the invoice.
3.3 A surcharge of 20% of the total invoice value shall be added to all overdue invoices that are not paid when the payment becomes due, in addition interest on overdue invoices inclusive of the surcharge shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 8% above current base rate from time to time enforced and shall accrue at such a rate as well as before any judgment.

4. The Goods or Services:

4.1 The quantity and description of the goods or services shall be set out in the seller's quotation and for the confirmation of the order.

5. Warranties and Liabilities:

5.1 The seller warrants that the goods or services will be at the time of delivery correspond to the description given by the seller. Where except where the buyer is dealing as a consumer as defined in the Unfair Contract Terms Act 1997 section 12 all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the goods as implied by statue or common law or otherwise are excluded.

6. Delivery of the Goods or Services:

6.1 Delivery of the goods or services shall be made to the buyers address on the delivery date. The buyer should make arrangements necessary to take delivery of the goods or services whenever they are tendered for delivery. The seller may deliver the goods or services by separate installments in accordance with the agreed delivery schedule. Each separate installment shall be invoiced and paid for in accordance with the provisions of this contract of sale.
6.2 The failure of the buyer to pay for or any more of the said installments of the goods or services on the date shall entitle the seller (at the sole option of the seller)
· without notice to suspend further delivery of the goods pending payment by the buyer and/or
· to treat the contract as reputed by the buyer.
6.3 The seller shall not be liable for any loss or damage whatever due to failure of the seller to deliver the goods or services (or any of them) promptly or at all.
6.4 Notwithstanding that the seller may have delayed or failed to deliver the goods or services or any of them promptly the buyer shall be bound to accept delivery and to pay for the goods in full providing that the delivery shall be tendered within anytime within 3 months of the delivery date.

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