1.
DEFINITIONS
"THE COMPANY" means ITROM EUROPE HB
and/or it's SUBSIDIARIES.
"CUSTOMER" means the person or company
who accepts to order goods at the company's
quoted prices and whose order for the goods is
accepted by the company.
"CONDITIONS" means the terms and
conditions of sale set out in this document and
includes any special terms and conditions agreed
by the company
2. ORDERS
(a) The customer shall purchase and accept the
goods at the quotation of the company subject to
these conditions which shall govern the contract
to the exclusion of any other terms and
conditions.
(b) All orders for goods shall be deemed to be an
offer by the customer to purchase goods pursuant
to these Conditions.
(c) Acceptance of delivery of the goods shall be
deemed conclusive evidence of the customer’s
acceptance of these Conditions.
(d) The company’s employees or agents are
not authorised to make any representations
concerning the goods or services unless confirmed
by the company in writing. The customer does not
rely on, and waives any claim for breach of, any
such unconfirmed representations.
(e) The company shall not be liable and it is
entirely at the customer’s own risk if any
advice or recommendation given by the customer or
its employees or agents to the company or it
employees or agents which is not confirmed in
writing by the company is followed or acted upon.
3. INFORMATION
(a) All items, offers, specifications and prices
are correct and available at the time of any
publication or at the time the company's site was
last updated, but this may change due to
circumstances beyond the company's control.
Photographs of products featured may be for
illustration and identification purposes only.
(b) Any error or omission in any sales
literature, quotation, price list, acceptance of
offer, invoice or other document or information
issued by the company shall be subject to
correction without any liability on the part of
the company.
4. PRICE
(a) Prices may change because of currency
fluctuations. The company may change any of the
charges at any time by giving notice of the
change on this site, or by post, or by e-mail at
least one month before it is due to take effect.
(b) The price of the goods shall be the company
quoted price, which shall be binding upon the
company, provided that the customer shall accept
the company quotation. The price is exclusive of
VAT and carriage, which shall be due at the rate
ruling on the date of VAT invoice.
5. PAYMENT
(a) Payment accepted by Credit Cards, Bank
cheques and Wire transfer only. The company shall
not be bound to supply the goods until the
customer has paid in full for them. Payment shall
be due before the delivery date and time for
payment shall be of the essence.
(b) If the customer fails to make any payment on
the due date, then, without prejudice to any
other right or remedy available to the company,
the company shall be entitled to:
(i) cancel the contract or suspend any further
deliveries to the customer;
(ii) appropriate any payment made by the customer
to such of the goods (or the goods supplied under
any other contract between the customer and the
company) as the company may think fit
(notwithstanding any purported appropriation by
the customer).
6. SPECIFICATION
(a) The specifications of the goods may alter
from time to time. The quantity, quality and
description of and any specification for the
goods shall be those set out in the
company’s quotation or the customer’s
order.
(b) The customer shall be responsible to the
company for ensuring the accuracy of the terms of
any order (including any applicable
specification) submitted by the customer and for
giving the company any necessary information
relating to the goods or services within a
sufficient time to enable the company to perform
the contract in accordance with its terms.
(c) If any process is to be applied to the goods
by the company in accordance with a specification
submitted by the customer, the customer shall
indemnify the company against all loss, damage,
costs and expenses awarded against or incurred by
the company in connection with or paid or agreed
to be paid by the company in settlement of any
claim for infringement of any patent, copyright,
design, trademark or other industrial or
intellectual property rights of any person which
results from the company’s use of the
customer’s specification.
(d) The company reserves the right to make any
changes in the specification of the goods which
are required to confirm with any applicable
safety or other statutory requirements or, where
the goods are to be supplied to the
company’s specification, which do not
materially affect their quality or performance.
7. CONTRACT PERIOD
(a) There is no minimum contract period. The
customer may terminate this agreement at any time
by giving 7 days notice in writing, to which we
will send acknowledgement of termination. The
customer shall indemnify the company in full
against all loss (including loss of profit),
costs (including the cost of all labour and
materials used), damages, charges and expenses
incurred by the company as a result of
cancellation.
8. GUARANTEE
(a) Subject as expressly provided in these
conditions and except where the goods are sold to
a person dealing as a consumer, all
representations, warranties or conditions
expressed or implied, statutory or otherwise, are
hereby expressly excluded to the fullest extent
permitted by law. Where the goods are sold to a
person dealing as a customer the statutory rights
of the customer are not affected by these
conditions.
(b) The company will make good by repair or, at
its option, by the supply of a replacement,
defects which under proper use appear in the
goods within a period of twelve calendar months
after the goods have been delivered and of which
seven days notification has been given to the
company arising solely from faulty design,
materials or workmanship. Any goods not of the
company’s manufacture supplied under this
contract are sold with such warranty as the
makers give to the company and the company is
able without expense to enforce, but are not
guaranteed by the company in any other way. The
company’s responsibility cease if any repair
is made or attempted to be made or components not
of the company’s manufacture or supply are
installed otherwise than by the company. The
warranty does not cover data recovery from failed
hard disks or any consequential loss of data.
Please check specifications and suitability for
your system with manufacturers before ordering
the products.
(c) The customer shall inspect the goods
immediately upon delivery. Any claim by the
customer is based on any defect in the quality or
condition of the goods or their failure to
correspond with specification shall, whether or
not delivery is refused by the customer, be
notified in writing to the company within seven
days from the date of delivery or where the
defect or failure was not apparent on reasonable
inspection within fourteen days of discovery of
the defect or failure.
(d) Where any valid claim in respect of any of
the goods which is based on any defect in the
quality or condition of the goods or their
failure to meet specification is notified to the
company in accordance with these Conditions, the
company shall be entitled to replace the goods
(or the part in question) free of charge or, at
the company’s sole discretion, refund to the
customer the price of the goods or a
proportionate part of the price, but the company
shall have no further liability to the customer.
9. RETURNS
(a) Any such goods returned must be packaged in
the original packaging and insured by the
customer in transit, and the company reserves the
right to refuse to accept return of goods not
packaged in this way. It is the customer’s
responsibility to ensure that the goods are
properly insured when being returned to the
company and the company will have no liability
for goods returned to it that are either damaged
or lost in transit. Goods returned for repair
under warranty must be with a copy of the
original invoice and a detailed description of
the fault. Goods returned for credit must be
returned complete with all manuals and
documentation.
(b) All software, including related
documentation, is supplied under licence of the
applicable proprietary owner. TITLE OR OWNERSHIP
TO SOFTWARE DOES NOT TRANSFER TO THE CUSTOMER
UNDER ANY CIRCUMSTANCES. It is the sole
responsibility of the customer to comply with any
terms and conditions of licence attaching to
software supplied and delivered by the company
and the customer is hereby notified that failure
to comply with such terms and conditions could
result in the customer being refused a software
licence or having the same revoked by the
proprietary owner. In the event that software
purchased fails to conform to its product
description or proves in any other way be
defective, the customer should notify the company
of any defect or non conformance to product
description within thirty days of the date of
delivery of the software and the company will
obtain and supply a correct version from the
manufacturer concerned.
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10. EXCLUSION OF LIABILITY
(a) Except in respect of death or personal injury
caused by the company’s negligence, the
company shall not be liable to the customer by
reason of any misrepresentation or any implied
warranty, condition or other term or any duty at
common law or under the express terms of the
contract for any consequential loss or damage
(whether for loss of profit or otherwise), costs,
expenses or other claims for consequential
compensation whatsoever (and whether caused by
the negligence of the company, its employees or
agents or otherwise) which arise out of or in
connection with the supply of the goods or their
use or resale by the customer except as expressly
provided in these Conditions.
(b) The company shall not be liable to the
customer or be deemed to be in breach of contract
by reason of any delay in performing or any
failure to perform any of the company’s
obligations in relation to the goods if the delay
or failure was due directly or indirectly to any
cause beyond the company’s reasonable
control including, without prejudice to the
generality of the foregoing, strikes, lock-outs
or other industrial actions or trade disputes
(whether involving employees of the company or of
a third party and whether official or
unofficial), legislation or official regulation,
wilful damage, the unavailability of transport,
power or materials or to natural causes such as,
but not limited to, act of God, earthquake, flood
or tempest or to fire or accident or theft or any
other event outside the company’s control.
In any such case the company may forthwith
suspend or postpone its obligations or any of
them under this contract until such delay or
cause has ceased or determined without prejudice
to any right of action which may have accrued
prior to such termination. Where for such reasons
the availability of the goods to the customer is
delayed, the customer shall take delivery of the
goods when so requested by the company.
(c) The customer warrants that these Conditions
are freely accepted on his part in the knowledge
and on the basis that: -
(i) the contract price would be higher were the
company under any liability or potential
liability other than set out in these Conditions;
(ii) any liability or potential liability upon
the company other than as set out in these
Conditions would be disproportionate to the
contract price.
11. CARRIAGE AND DELIVERY
(a) The customer shall collect the goods at the
company’s premises at any time on
notification by the company or shall take the
delivery at some other place agreed by the
company No liability in respect of goods lost or
damaged in transit will attach to the company
unless: -
(i) in the case of goods delivered by the
carriers a claim is made on the company within
three days of delivery or within such other
period as will enable the company to make
effective claim upon the carriers;
(ii) where the goods are delivered by the company
a claim
(iii) in the case of a whole consignment failing
to arrive, the company is notified in writing
within ten days of the despatch date.
12. DESPATCH
(a) Any dates quoted for delivery of the goods
are approximate only and no liability will attach
to the company for any delay or loss from failure
to maintain them. Time for delivery shall not be
of the essence unless previously agreed by the
company in writing.
(b) If the company fails to deliver the goods for
any reason other than any cause beyond the
company’s reasonable control or the
customer’s fault, and the company is
accordingly liable to the customer, the
company’s liability shall be limited to the
excess (if any) of the cost to the customer (in
the cheapest available market) of similar goods
to replace those not delivered over the price of
the goods.
(c) If the customer fails to take delivery of the
goods or fails to give the company adequate
delivery instructions at the time stated for
delivery (otherwise than by reason of any cause
beyond the customer’s reasonable control or
by reason of the company’s fault) then,
without prejudice to any right or remedy
available to the company, the company may: -
(i) store the goods until actual delivery and
charge the customer for the reasonable costs
(including insurance) of storage; or
(ii) sell the goods at the best price readily
obtainable and (after deducting all reasonable
storage and selling expenses) account to the
customer for the excess over the price under the
contract or charge the customer for any shortfall
below the price under the contract.
Maximum liability for goods lost or damaged in
transit will be $300 per consignment, unless the
customer takes out extra insurance.
13. PASSING OF RISK AND PROPERTY
(a) Risk of damage to or loss of the goods shall
pass to the customer:
(i) If the customer fails to collect the goods at
the company’s premises, at the time when the
company notifies the customer that the goods are
available for collection or if the customer
wrongfully fails to take delivery of the goods,
at the time when the company has tendered
delivery of the goods at the customers premises
or other premises agreed upon.
(ii) 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 customer until the company has
received, in cash or cleared funds, payment in
full of the price of the goods and all other
goods agreed to be sold by the company to the
customer for which payment is due, together with
any interest in any such case payable under this
agreement.
(iii) Until such time as the property in the
goods passes to the customer, the customer shall
hold the goods as the company’s fiduciary
agent and bailee and shall keep the goods
separate from those of the customer and third
parties and properly stored, protected and
insured and identified as the company’s
property. Until that time, the customer shall be
entitled to use the goods in the ordinary course
of its business and not to resell the goods.
(iv) Until such time as the property in the goods
passes to the customer, the company shall be
entitled at any time to require the customer to
deliver up the goods to the company and, if the
customer fails to do so forthwith, to enter upon
the premises of the customer or any third party
where the goods are stored and repossess the
goods and the customer hereby grants to the
company an irrevocable licence to enter the
customer’s premises at any time for the
purpose of recovering possession of the goods.
(v) The customer shall not be entitled to pledge
or in any way charge by way of security for any
indebtedness any of the goods, which remain the
property of the company.
14. WAIVER
(a) No waiver by the company of any breach of the
contract by the customer shall be considered as a
waiver of any subsequent breach of the same or
any other provision. If any provisions of these
conditions is held by any competent authority to
be invalid or unenforceable in whole or in part,
the validity of the other provisions of these
conditions and the remainder of the provisions in
question shall not be affected thereby.
15. APPLICATION
(a) Any notice required given by either party to
the other under these conditions shall be in
writing. The only terms and conditions of trade
which apply to the supply of goods by the Company
to the Customer are those contained herein and no
other.
16. TRANSFER
(a) The Customer cannot assign or transfer this
Agreement or any of its rights herein without the
written consent of the Company.
17. JURISDICTION
(a) These Terms and Conditions are shall be
governed by and construed in accordance with law
in the country where the company or the company's
subsidiary is legally registered and the Courts
in any of those countries shall have jurisdiction
to hear all disputes arising in connection with
the agreement.
(b) This company and the customer agree that a
court may strike out or override any part of
these terms and conditions if it considers them
to be illegal, unenforceable or unfair and in
such case enforce only the terms and conditions
as if the offending clause had never been
contained in them.
18. ADDITIONAL TERMS
(a) Some of the company's products and offers are
subject to Additional Terms & Conditions. To
obtain a list of the products and offers to which
such terms apply and a copy of the Additional
Terms & Conditions, please contact ITROM
EUROPE by emailing info@camwoo.com
(b) If any of the terms and conditions contained
herein conflict with the Additional Terms &
Conditions for other products or offers, the
applicable Additional Terms & Conditions
shall apply. Customers agree to abide by the
Terms & Conditions including the Additional
Terms & Conditions if they accept the
products or offers to which such terms apply.
19. MODIFICATIONS
(a) This Company may at any time, with immediate
effect, modify these terms and conditions by
publishing the amended agreement on the company's
web site
A full copy of the terms and conditions is
available on request. |
