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BUYER – The person(s) or company whose order for goods is accepted by Euro Energy Resources Ltd.
GOODS – All articles sold to the Buyer, including replacements for defective items.
CONTRACT – Any legally binding agreement arising between the Buyer and Euro Energy Resources Ltd for the sale of goods.
All orders will be accepted by Euro Energy Resources Ltd as subject to and in accordance with the following and conditions of sale, which shall be deemed to be incorporated into a Contract. By the placement of an order (by whatever means) the Buyer will be deemed to have acknowledged and accepted the said terms and conditions and will be bound by them. Euro Energy Resources Ltd will not accept any purported variation to the said terms and conditions that may be included in any written documents (including any order form) from the Buyer, except by prior agreement with Euro Energy Resources Ltd. These terms and conditions are deemed to have been delivery first and last in time.
Written confirmation of telephone orders must be clearly marked as such. Failing such confirmation, Euro Energy Resources Ltd will not be held responsible for the duplication of an order. Euro Energy Resources Ltd reserves the right to decline any order at any time. No order may be cancelled without notification and agreement with Euro Energy Resources Ltd.
Prices charged are those prevailing at the time of order. Prices quoted in any Euro Energy Resources Ltd publication are in £ sterling, ex-works, unless otherwise stated and are current at the time of printing. Euro Energy Resources Ltd reserves the right to amend the prices at any time without notice due to variations in raw material costs and or currency fluctuations.
All prices quoted are exclusive of V.A.T., which will be added at the time of delivery in accordance with prevailing legislation.
Settlement for our invoices:
i) For credit account holders net monthly on the 20th of the month following the date of invoice unless otherwise agreed in writing. Euro Energy Resources Ltd reserves the right to charge interest on invoices outstanding beyond agreed terms. Euro Energy Resources Ltd reserves the right to withdraw credit facilities at any time.
ii) For Buyers without a credit account, goods will be despatched against cleared funds. Payment is accepted by BACS, Cheque, Cash, Credit or Debit Card.
A Buyer wishing to open a credit account must furnish one bank and two trade references. Euro Energy Resources Ltd Reserves the right in its absolute discretion to grant, refuse or discontinue any credit facilities at any time. Until a credit rating has been approved or established, payment of goods should be made in accordance with “Payment Terms” clause (ii).
CHANGE OF ADDRESS
Euro Energy Resources Ltd must be notified of any change of address in writing. The Buyer will be responsible for any and all costs and expenses resulting from the failure to notify.
COLLECTION OF GOODS
A Buyer wishing to collect goods should endeavour to collect goods within one calendar month. Euro Energy Resources Ltd reserves the right to re-stock non-assembled goods without further notice. Assembled goods will be re-stocked at the discretion of Euro Energy Resources Ltd.
i) Euro Energy Resources Ltd reserves the right to deliver goods by instalments as agreed with the Buyer.
ii) A price will be charged at the rate applicable to the total quantity of goods ordered.
iii) Instalment deliveries can only be accepted for a maximum period of 12 months from the date of order unless agreed in writing.
Where goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by Euro Energy Resources Ltd to deliver any one or more of the instalments in accordance with these terms and conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the contract as a whole as repudiated.
If Euro Energy Resources Ltd fails to deliver the goods (or any instalment) for any reason other than any cause beyond Euro Energy Resources Ltd.’s reasonable control or the Buyer fault then the liability of Euro Energy Resources Ltd.’s shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the goods.
Delivery will take place to the Buyers invoicing address unless otherwise agreed with Euro Energy Resources Ltd. Written confirmation of such an alternative address must be provided by the Buyer. Euro Energy Resources Ltd may make delivery by any method available. Euro Energy Resources Ltd will use reasonable endeavours to meet delivery estimates but cannot accept any liability whatsoever for failure to do so however arising. Failure to meet a delivery date where deliveries are by instalment under the Contract in accordance with “Delivery Schedules” clause (iii) shall not prejudice the right of Euro Energy Resources Ltd to make further deliveries by instalment under that contract.
SHORT DELIVERY OR DAMAGED IN TRANSIT
Euro Energy Resources Ltd will not consider any claim for shortage of delivery or damage in transit unless notice is given within 5 working days of the receipt of goods. No claim in respect of non-delivery of goods will be considered unless written notification is given to Euro Energy Resources Ltd within 10 days from receipt of invoice. In respect of the Goods. In this condition, time shall be deemed to be of the essence. Parcels received in a damaged condition should be refused and Euro Energy Resources Ltd advised.
For Euro Energy Resources Ltd.’s policy on returns, please contact our Customer Services Department.
RETENTION OF TITLE
Notwithstanding delivery and the passing of risk in the Goods or any other provisions of these terms, the property in the Goods shall not pass to the Buyer until Buyer Resources Ltd 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 Euro Energy Resources Ltd to the buyer for which payment is then due. Until such time as the property in the goods passes to the Buyer, (and provided the Goods are still in existence and have not been resold), Euro Energy Resources Ltd may at any time require the Buyer to deliver the Goods to Euro Energy Resources Ltd, and if the Buyer fails to do so forthwith, Euro Energy Resources Ltd shall be entitled to enter onto any premises of the buyer or any third party where the Goods are stored and to repossess the Goods. Euro Energy Resources Ltd retains a general right of lien which continues to exist regardless of any change in the legal of the Buyer due to bankruptcy, administration, receivership, liquidation, fraud or any other legal variation.
Euro Energy Resources Ltd may from time to time send the Buyer material or literature, in whatever form, promoting or advertising the sale of goods or otherwise, which may be sent or communicated by post, facsimile or electronic transmission or by which other means Euro Energy Resources Ltd deems fit.
Euro Energy Resources Ltd will use reasonable endeavours to ensure that all information and specification contained in any Euro Energy Resources Ltd publication is correct and given in good faith and, therefore, does not constitute as guarantee. Euro Energy Resources Ltd reserves the right to alter any publication without prior notice and does not accept liability for any loss arising from any error or omission in any such publication. The Buyer will be responsible for ensuring the correct codes are supplied and that the goods ordered are fit for the purpose for which they are ordered. Where a valid claim in respect of any Goods which is based on a defect or the quality or condition of the goods or their failure to meet a specification is notified to Euro Energy Resources Ltd in accordance with these terms or its returns policy, Euro Energy Resources Ltd may replace the Goods (or the part in question) free of charge or at Euro Energy Resources Ltd sole discretion refund to the Buyer the price of the Goods (or a proportionate part of the price) in which case Euro Energy Resources Ltd shall have no further liability to the Buyer Except in respect of death or personal injury caused by Euro Energy Resources Ltd.’s negligence, or liability for defective products under the Consumer Protection Act 1987, Euro Energy Resources Ltd shall not be liable to the Buyer by reason of any representation (unless fraudulent) or any implied warranty condition or other term or any duty at common law or under the express terms of the Contract or otherwise, for loss of profit or any indirect, special or consequential loss or damage, costs, expenses or other claims of compensation whatsoever (whether caused by the negligence of Euro Energy Resources Ltd, its employees or agents or otherwise) which arise out of or in connection with the supply of Goods (including any delay in supplying or failure to supply Goods in accordance with the Contract or at all) or their use, or resale by the Buyer, and the entire liability of Euro Energy Resources Ltd or in connection with the contract shall not exceed the price of the Goods, except as expressly provided in these terms and conditions.
Euro Energy Resources Ltd shall not be held liable in any respect or be deemed in breach of this contract whatsoever for any delay in the performance of, or the failure to perform, any obligation pursuant to any order or Contract, in each case, as a result of circumstances from in part or whole by act of God, embargo, governmental act, fire, accident, war, riot, strikes, lockouts, trade disputes, breakdown of plant or without prejudice to the generality of the foregoing for any other reason beyond the control of Euro Energy Resources Ltd. If such circumstances delay or prevent the performance of any obligation under any order or Contract for 60 days or more, Euro Energy Resources Ltd shall be entitled by written notice, as far as is reasonable possible, to cancel or terminate such order or contract or its outstanding obligation thereunder.
If the Buyer becomes the subject of any act or proceeding under or in connection with the Insolvency Act 1986 or if the Buyer fails to make payment for goods when due, in accordance with “Payment Terms”, Euro Energy Resources Ltd will be entitled to suspend and cancel all or any future deliveries or instalments under this or any other contract between Euro Energy Resources Ltd and the Buyer.
Unless otherwise agreed, Euro Energy Resources Ltd undertake to replace or to refund the costs of, materials which are found to be defective in respect of work or materials within 12 months of the date of delivery, subject to examination by us and at our sole discretion. Where a factored item is supplied, the warranty will mirror the terms given by the original manufacturer. However, this is subject to the customer having strictly complied with the instructions for the use of the material and if any special, unusual or abnormal use of the materials is contemplated or carried out by the customer such special, unusual, or abnormal use must be known in writing to Euro Energy Resources Ltd at the time of order to enable Euro Energy Resources Ltd to prepare and supply any special instructions consequent upon such use and failure by the customer to comply with such special instructions shall render this guarantee inoperative.
GOVERNING LAW AND JURISDICTION
These terms shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute, which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.