ITinStock Terms & Conditions
1. Application of the Conditions
1.1 In the Conditions the expression “the Seller” means ITinStock and includes its employees and agents.
1.2 In the Conditions the expression “the Buyer” is the person firm, or company named on the invoice.
1.3 These Conditions apply to all items whether the Equipment sold (“the Equipment”) includes equipment fixed or not fixed to land or any other personal property.
1.4 These Conditions shall be governed and construed and enforced in accordance with the law of England.
2.1 The Equipment shall remain the property of the Seller until the Seller has received cleared payment from the Buyer.
3.1 The Equipment shall be collected by the Buyer from the Seller’s nominated premises unless the parties agree other terms in writing.
3.2 Any failure of the Buyer to collect the Equipment or arrange for delivery within 14 days of the date of the invoice shall entitle the Seller to give the Buyer written notice (“the Collection Notice”) requiring collection or delivery within 2 days of the notice.
3.3 Any failure to collect or have the Equipment delivered after receipt of the Collection Notice shall entitle the Seller to sell the Equipment to a third party and to recover from the Buyer the difference between the price to the Buyer and the price to the third party together with the Seller’s additional sales costs and expenses.
3.4 In no case shall a sale by the Seller following service of the Collection Notice entitle the Buyer to any claim against the Seller either for damages loss of profits or other losses or legal expenses.
4. Health and Safety and other Requirements
4.1 The Seller makes no representation or warranty that the Equipment sold satisfies any health and safety, quality or other standards imposed by statutory rules or regulations, and in particular but without limit those relating to plant and machinery, furniture, and electrical equipment and it shall be the Buyer’s obligation and responsibility to comply in all respects with such statutory rules and regulations before the Equipment sold is consumed used sold supplied or otherwise disposed of to a third party.
4.2 The Seller shall not be under any liability pursuant to Section 6 of the Health and Safety Act 1974 and the Buyer’s attention is drawn to his obligation to carry out all necessary tests and examinations and other works to ensure that insofar as it is practical the Equipment purchased will be safe and without risk to health and safety at all times when it is being set used cleaned or maintained by any person at work.
4.3 The Buyer shall indemnify the Seller against all costs damages legal and other expenses arising directly or indirectly from any breach by the Buyer of his obligations under this Condition 4.
5. Liabilities and Indemnities
5.1 No Equipment is sold as comprising or including any new goods unless clearly indicated on the invoice.
5.2 No liability shall attach to the Seller (to the extent permitted by law) either in contract or in tort for loss, injury or damage or legal or other expenses sustained by the Buyer by reason of:
5.2.1 any defect in the Equipment sold, whether or not such defect be latent or apparent on inspection.
5.3 In no circumstances shall the Seller be liable to any person for consequential loss or damage.
5.4 Each of the conditions 5.1 to 5.3 shall be severable and take affect as separate conditions.
V7.2 May 2006