QD TRADING LTD
GENERAL TERMS AND CONDITIONS OF SALE
We do not sell Goods to consumers and these Terms and Conditions shall not apply to consumers
1.1 In these conditions “the Company” means QD Trading Limited whose registered office is at Middleborough House, 16 Middleborough, Colchester, Essex, CO1 1QT and “the Customer” means the firm or company to whom this acknowledgement of order is addressed. QD Trading Ltd only trade in a business to business capacity and will only sell to companies or individuals that are purchasing for legitimate business use.
1.2 Subject to clause 1.4 below, “the equipment” means the equipment the subject of this order.
1.3 Where the contract is for the provision of services, the words “the equipment” shall be read, where the context permits, as meaning the services which the Company has contracted to provide.
2. FORMATION OF THE CONTRACT
2.1 These conditions shall form the basis of the contract between the Company and the Customer. Notwithstanding anything to the contrary in the Customers standard conditions of purchase, these conditions shall apply except so far as expressly agreed in writing by a person authorised to sign on behalf of the company.
2.2 No servant or agent of the Company has the power to vary these conditions orally or to make representations or promises about the condition of the Equipment, its fitness for any purpose or any other matter whatsoever.
2.3 Unless otherwise expressly stated in writing, all quotations and estimates by the Company are invitations to treat. The Customers order is an offer, which will be accepted by the Company delivering its acknowledgment of the order.
2.4 The construction, validity and performance of these conditions and this order shall be governed by English Law.
2.5 These general conditions shall be subject to such further special conditions as may be prescribed in writing by the Company.
2.6 In the event of any conflict, or apparent conflict, between the special conditions and these general conditions, the special conditions shall prevail.
2.7 These conditions supercede all previous terms and conditions of sale issued by the company.
2.8 All notices to be served hereunder shall be served by first class pre-paid post or facsimile message at the registered office or principle trading address of the intended recipient. Notices shall be deemed served when they would ordinarily have been received in normal business hours according to the means of transmission of such notices.
3.1 No cancellation or variation of the whole or any part of the order by the Customer is permitted except where agreed in writing by a person authorised to sign on behalf of the company.
3.2 The consent of the Company to cancellation or variation of the order shall not in any way prejudice the Companys right to recover from the Customer full compensation for any loss or expense arising from such cancellation or variation on an indemnity basis.
3.3 Where the equipment is returned by the Customer without the Companys consent, it will not be accepted for credit.
4.1 Quoted prices are based on costs prevailing at the time when they are given or agreed and are exclusive of VAT.
4.2 VAT will be added to all invoices at the rate applying at the appropriate tax point.
5.1 Unless the sale is for cash, or other credit terms have been expressly agreed, all accounts are due for payment 30 days following the date upon which the Equipment is delivered. Warranty of equipment is reduced to 90 days if payment is not received within 30 days unless expressly agreed in writing.
5.2 The company reserves the right to charge 8% per annum above the base rate from time to time in force of Bank Of England Base Rate on all overdue accounts.
5.3 The Customer shall not be entitled to withhold payment of any amount payable under this order by reason of any dispute or claim by the Customer.
5.4 The Customer shall not be entitled to set off against any amount payable under this order any amount due by the Company to the Customer under any other agreement.
6.1 Delivery will be deemed to have been effected when the Equipment has been received at the Customers premises.
6.2 Delivery dates are given in good faith but are not guaranteed and no liability will be accepted for any loss whatsoever suffered or caused through the late delivery or non-delivery and time of delivery shall not be of the essence.
6.3 Unless otherwise expressly agreed in writing, the order price does not include the delivery cost.
7. TITLE AND RISK
7.1 Risk in the Equipment shall pass to the Customer upon delivery to the Customer.
7.2 The ownership of the equipment shall remain with the Company until the Customer has paid all liquidated sums owed by the Customer to the Company whether in respect of this order or otherwise.
7.3 The Customer shall not interfere with any identification marks or serial numbers of the Equipment.
7.4 The Company may at any time recover and re-sell Equipment in which title has not passed to the Customer until title has passed, the Company by its servants and agents shall be entitled to access the Customers premises or those to which the Customer has a right of access where the Equipment is located for the purpose of repossesion of the Equipment at any time.
7.5 Risk in the Equipment shall revert to the Company following completion of repossesion but not otherwise.
7.6 The customer shall indemnify the Company against any costs, expenses or losses incurred, or sustained by the Company in exercise of the Companys rights under this order.
7.7 If the Customer shall become bankrupt or insolvent, or have a receiving order or administration order made against him or compund with his creditors, or, being a corporation, commence to be wound up, not being a members voluntary winding up for the purpose of reconstruction or amalgamation, or carry on its business under an administrator or receiver for the benefit of its creditors or any of them. Or the Company has bona fide doubts as to the solvency of the Customer, all sums payable to the Company by the Customer in respect of the Equipment or otherwise shall become due and payable forthwith without requirements for any notice to be given and delivery or any outstanding installments of equipment may be suspended.
8.1 Whilst the principle object of the equipment is to sound an alarm when a security tag is taken through an alarmed exit, it is not possible to guarantee that the alarm will sound on all occassions when it should have been triggered. The secondary object of the equipment, namely its deterrent effect, should not be overlooked.
8.2 The Equipment is supplied on the basis that it complies with technical specifications contained in printed documentation concerning the Equipment prepared by the Company or its manufacturer.
9. DEFECTS IN THE EQUIPMENT
9.1 In the event a defect in the Equipment is discovered by the Customer and reported to the Company in writing during the period of 12 months from the date of delivery of that Equipment, which defect was caused by faulty design or manufacture, the company will, as its options, either repair the Equipment at its own expense or replace the Equipment, subject in all cases to the return of the Equipment to the Company by the Customer, provided that the Companys terms of credit are honoured.
9.2 The Customer shall at all times use cause the Equipment to be used in accordance with the Companys and manufactueres instructions for use.
9.3 Save as set out in sub clause 9.1 or compulsorily implied into this order by statute, the Companys liability in respect of any claim for direct loss arising from any proven shortcoming in the Equipment will be limited to the value of the Equipment concerned.
9.4 The company shall not be liable for any consequential or indirect loss suffered by the Customer in relation to the Equipment including but not limited to 9.4.1 damage caused by attaching or removing security tags and 9.4.2 losses sustained in relation to stock loss, wether due to the alarm not sounding or otherwise.
9.5 The company reserves the right to charge the Companys standard rate from time to time for any service call made by the Company where 9.5.1 the Equipment proves not to be defective in any way or 9.5.2 the defect in the Equipment was caused wholly or largely by the Customers failure to maintain the Equipment in accordance with the procedure set out in the operating manual.
10. DETACHER DEVICE
10.1 The customer shall ensure that the detacher device is kept in a secure place at all times and shall adopt such procedures as may be appropriate to minimise the risk of theft of same.