1. APPLICATION OF CONDITIONS
INTEGRATED ELECTRICAL SOLUTIONS a trading name of
Import Export Services Ltd. (herein after called IES) supplies
goods or services only subject to these conditions and any
person or persons seeking to be supplied by IES (herein after
called “the customer”) accepts that these conditions will
govern all relations to the exclusion of any terms contained
in any of the customer’s documents even if the same purport
to provide that the customer’s own or some other terms
shall prevail and to the exclusion (so far as may be lawful)
of all terms, conditions, warranties and representations
written or oral express or implied (save those implied by the
Sale of Goods Act 1979), or any statutory re-enactment or
modifi cation thereof.
2. ILLUSTRATIONS, DESCRIPTIVE MATTER &
DIMENSIONS
All descriptions and illustrations contained in IES’s, catalogues,
price lists and advertisements or otherwise communicated
to the customer are intended merely to present a general
idea of the Goods described therein and nothing contained in
any of them shall form any part of the contract.
DESIGNS
IES’s policy is one of continuous improvement. The
right to change designs at any time without notice is
reserved.
SAMPLES
Notwithstanding that a sample of the Goods may have
been exhibited to and inspected by the Customer, it is
hereby agreed that such a sample was so exhibited and
inspected solely to enable the Customer to judge for
himself, the quality of the bulk and not so as to constitute
a sale by sample. The Customer shall take the goods
at his own risk as to their corresponding with the said
sample or as to their quality, condition or suffi ciency for
any purpose.
3. PRICES
1. All prices listed or quoted are provisional only and
are subject to alteration without prior notice and prices
charged will be those current at the time of despatch of
goods.
2. Prices are quoted exclusive of packing & carriage to
addresses in the UK and exclusive of Value Added Tax,
which will be charged at the appropriate rate ruling at
the time of invoicing.
4. ACCEPTANCE OF ORDERS
No contract for the sale of goods (“the goods”) shall
be concluded until either IES sends or otherwise
communicates to the customer its acceptance of the
customer’s order or on the delivery to the customer of
the Goods, whichever is the earlier. Orders may not be cancelled without IES’s prior written consent fi rst being
obtained and then only on payment of such reasonable
and proper cancellation charges as IES may decide.
5. DELIVERY
All delivery dates are estimates only and the time of
delivery shall not be of the essence of the contract. In
no circumstances shall IES be liable to compensate the
customer in damages or otherwise for non-delivery or
late delivery of the Goods or any of them for whatever
reason or for any loss, consequential or otherwise
arising there from. IES reserves the right to make partial
deliveries and to allocate available supplies amongst
customers in times of shortage. IES shall be entitled to
deliver the Goods in one or more consignments unless
otherwise expressly agreed.
The Goods shall be delivered at the address specified in
the Customer’s order or if no such address is specified,
shall be collected by the Customer from IES’s premises
within seven days of the date upon which IES notifies
the Customer that the Goods or part thereof are ready
for collection. IES shall be entitled to make delivery
or require collection by instalments as and when such
instalments are available to IES and to treat such
instalments as a separate contract and to receive
payment thereof accordingly.
6. CARRIAGE & PACKING
Packing materials are non-returnable unless otherwise
specifi ed by IES. IES reserve the right to choose the
carrier and charge for carriage and/or packing.
7. DAMAGE OR LOSS IN TRANSIT
When the price quoted includes delivery, IES may repair
or replace free of charge goods damaged in transit or
not in accordance with the advice note, providing that
in the event of damage or shortage, written notifi cation
giving details of such damage or shortage must be sent
to IES within seven days of receipt, or in the event of
non-delivery, must be sent to IES within fourteen days
of the date shown on the advice note. Order number,
advice note and date of despatch are required and in the
event of failure to give notice within the aforementioned
period, the good will be deemed to be in all respects as
invoiced.
8. INSTRUCTIONS & LABELS
The Customer shall ensure that instructions and/or
warning labels on the goods are not removed, altered
or covered whilst goods are in his possession and
shall not remove any label or plaque affi xed to the
goods, referring the user thereof to IES’s instructions
and/or recommendations for use.
9. WARRANTIES & LIABILITIES
IES warrants the Goods will remain free from defects
in workmanship and materials for a period of twelve
months from date of IES’s invoice. IES further warrants
that the Goods will be fi t for the purposes described
in the brochures, technical product information or
catalogues of the Manufacturer, but only provided the
Goods are used only for the purposes described and
in strict accordance with any instructions or warnings
issued by IES and/or the Manufacturer, in relation to
the Goods.
Save where any defect in the Goods results in
personal injury or death to any person, IES’s liability
for breach of the above warranties or for any
negligence on the part of IES, its servants or agents
shall not exceed the value of the Contract and shall
not under any circumstances extend to any indirect
or consequential loss suffered by the Customer as a
result of such breach or negligence. The Customer
expressly accepts that, in view of the purposes for
which the Goods should be used (which are unknown
to IES) the above limitation constitutes a fair and
reasonable apportionment of liability in the event of
any defect in the Goods.
10. PAYMENT
The time specified for payment shall be of the essence
of the Contract. Unless otherwise agreed in writing
by IES all sums due from the Customer under the
Contract shall be paid by the Customer not later than
the 30th day of the month next following the month
during which IES’s invoice is dated.
The Customer shall not be entitled to deduct from
or set-off any monies due to IES in respect of the
Contract any sum claimed by the Customer against
IES whether in relation to the supply of Goods or
otherwise.
11. TITLE
Notwithstanding delivery and the passing of risk, the
legal and benefi cial ownership in the Goods shall not
pass to the Customer but shall remain with IES until
the Goods and any other sums due under the Contract
have been paid for or paid in full by the Customer.
In the event that the goods are not paid for on the due
date, IES may, whether or not such right of termination
shall be exercised and without prejudice to its rights
or remedies at any time, recover the Goods or such
parts thereof as shall be in the possession or under
the control of the Customer and for that purpose
IES and its authorised representatives may enter
upon any customer’s land or buildings on which the
Goods may be situated. Until title to the Goods has
passed to the Customer under the above provisions,
the Customer shall store the Goods separate and
apart from the other Goods so that they are readily
identifiable as the Goods, the subject of the Contract.
If the Customer fails to store the Goods separately,
IES shall have the right of re-possession to remove
any goods of similar nature and of equal value to the
Goods.
12. RISK & INSURANCE
All Goods shall be at the risk of the Customer from the
time of delivery to/or collection by the Customer, his
servant or agent or other representative at the agreed
point of delivery or collection.
13. FORCE MAJEURE
Neither party shall be liable to the other for any
failure or delay in the performance of any obligation
hereunder as a result of strikes, lockouts, trade
disputes, breakdown of plants, accident or other
cause whatsoever beyond the reasonable control of
IES or the Customer respective.
14. ASSIGNMENT
IES reserve the right to assign or sub-contract the
performance of its obligations under the Contract or
any part thereof or to assign the benefi t of its rights
hereunder. The Contract may not be assigned, sublet
or changed in whole or in part by the Customer
without the prior written consent of IES.
15. APPLICABLE LAW
The Contract shall be constructed and have the effect
in all respects in accordance with the Laws of England
and the Customer hereby submits to the jurisdiction
of the English Courts.
Terms & Conditions of Trading
THESE CONDITIONS SUPERSEDE ALL PREVIOUS
CONDITIONS AND SHALL FORM THE BASIS OF ANY
CONTRACTUAL ARRANGEMENTS ENTERED INTO BY
IES FOR THE SUPPLY OF GOODS OR SERVICES AS
FROM 16th JULY 2004.
