About Us > Terms and Conditions of Sale
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Terms and Conditions of Sale1. Generala. All references to Planhorse refer to Planhorse Systems Ltd. b. All references to the “Buyer” refer to the individual; firm; partnership or company ordering Goods or Services from the Company. c. All references to “Goods” refers to those Goods manufactured by Planhorse and sold by Planhorse or its authorised Distributor. d. No contract for Goods will exist between Planhorse and the Buyer until Planhorse has fulfilled the Buyer’s order. e. Orders are accepted only upon these Conditions of Sale, and no addition or variation or contradiction thereof (whether contained in the Buyer’s order or otherwise) shall apply unless it is agreed in writing by a Planhorse authorised representative. 2. Price and paymenta. The prices invoiced for Goods will be those ruling at the date of dispatch or agreed with approved Distributors from time to time. b. Payment for all orders in to be prior to dispatch from Planhorse premises unless special terms have been agreed in writing. 3. Reservation of titlea. The Goods shall remain Planhorse property until The Buyer has paid for them in full. Until that time, the Buyer should hold them as bailee, store them in such a way that they can be identified as the property of Planhorse, and keep them separate from the Buyers property and the property of any other person. b. Although the Goods remain Planhorse property until paid for, they shall be at the Buyers risk from the time of delivery and the Buyer shall insure them against loss or damage accordingly. c. The Buyer’s right to possession of the Goods shall cease if:
i. The Buyer has not paid for the Goods in accordance with this contract or some agreed variation thereof.
ii. The Buyer is declared bankrupt or made any proposal to the Buyers creditors for a composition or other voluntary arrangement.
iii. A receiver, liquidator or administrator is appointed in respect of the Buyer’s business. On cessation of the Buyer’s right to possession of the Goods in accordance with this clause, the Buyer shall at their own expenses make the Goods available to the Company and allow the Company to repossess them.
d. The Buyer hereby grants Planhorse, our agents and employees, an irrevocable license to enter any premises where the Goods are stored in order to repossess them or inspect them at any time. 4. DeliveryWhilst all reasonable efforts will be made to ensure that the goods are delivered by agreed delivery dates Planhorse shall incur no liability whatsoever in respect of any loss of damage howsoever caused or suffered by delay in delivery. 5. Loss or damage in transitThe buyer will be expected to examine the Goods immediately on delivery. Any claims for short delivery or damage must be made by the Buyer in writing within 7 days of the delivery date. 6. Force majeurePlanhorse shall not be liable for any failure to perform any of its obligations to the Buyer if such failure is due directly or indirectly to any cause of circumstance beyond the reasonable control of Planhorse. 7. Cancellationa. If the Buyer cancels a contract or order, he will reimburse Planhorse for all costs and expenses incurred up to the date of cancellation. b. Planhorse shall not be obliged to accept return of Goods incorrectly ordered by the Buyer, but reserves the right to charge a handling fee in any case where it does agree to accept such returns. 8. Liabilitya. The liability of Planhorse in respect of any claim for loss, damage or injury resulting from any negligence, error omission or breach of Contract shall be limited to the refund of an amount not exceeding the total consideration paid or payable by the Buyer to Planhorse for the Goods in respect of which the claim arises. b. Planhorse will not be liable to compensate the buyer for any loss of anticipated profits, damage to reputation or goodwill, loss of expected future business, damages, costs or expenses payable by the buyer to any third party or any other indirect or consequential losses. 9. Law provisionsThese Conditions of Sale shall be construed in accordance with English Law. 10. ReturnsAll returns, irrespective of the reason, must firstly be agreed to by Planhorse or if not Planhorse as the direct seller then our authorised Distributor. Returns are to be via prepaid freight and will be replaced by new product. |