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Terms & Conditions of Supply
1. Definitions
The following terms as used herein
shall have meaning as stated:
"Seller" means FlashBay Limited
"Buyer" means any person, firm, company
or other organization who is the addressee of any Seller's quotation
"Customer" means any person, firm,
company or other organization who is the addressee of any Seller's quotation
"Products" means the products,
articles, services or other items which are the subject of any quotation
acceptance of order or other communication issued by the Seller.
"Goods" means the products, articles,
services or other items which are the subject of any quotation acceptance of
order or other communication issued by the Seller.
Our Address:
FlashBay Limited
52 Melton Court
Onslow Crescent
Old Brompton Road
London, SW7 3JH
UNITED KINGDOM
Our contact details:
Phone: +44 (0) 207 584 0609
Fax: +44 (0) 870 132 5835
Email: contact@flashbay.com
2. General:
All quotations are made and all orders
are accepted by the Seller subject only to these Conditions of Sale and any
terms set forth on the face hereof or in any attachment hereto, which shall
prevail notwithstanding any other terms and conditions which the Buyer shall
bring to the Seller's notice. The placing of an order following any quotation or
other indication of price and delivery shall not be binding on the Seller unless
and until accepted by the Seller in writing. The Seller reserves the right to
accept or refuse orders without ascribing any reason.
3. Products:
The Products shall conform to the
applicable specifications in force at the date of order acceptance unless
otherwise agreed by the Seller in writing.
4. Price:
4.1 Prices for the Products, howsoever
given, are based on conditions ruling on the date of their giving and are
subject to change. The effective price for any Product supplied under a contract
between the Seller and Buyer arising from any Buyer's order shall be that price
confirmed by the Seller in his notification of acceptance or such order. The
provisions of any quotation or order shall remain firm for thirty (30) days,
from the date hereof, unless otherwise stated, and thereafter shall be subject
to confirmation.
4.2 All prices are exclusive of value
added tax which shall be payable by the Buyer to the Seller at the rate ruling
at the applicable tax point.
5. Delivery:
5.1 Whilst the Seller will use its best
endeavors to deliver the Products in accordance with the Buyer's requirements,
the Seller will not be liable for any consequences of late delivery howsoever
caused.
5.2 The Seller may make partial
delivery of any order or deliver any order by installments and these Conditions
of Sale shall apply to each. Each delivery shall be deemed to be a separate
contract
5.3 The Seller's obligation to deliver
any order shall be deemed fulfilled upon delivery ex-works the Seller's
premises. The Buyer shall be responsible for arranging any necessary
transportation to the destination address and in-transit insurance. At the
Buyer's request the Seller agrees to arrange as the Buyer's agent any necessary
transportation at the Buyer's expense; the provision of in-transit insurance
shall remain the responsibility of the Buyer.
6. Cancellation:
The Buyer may not cancel any order or
part of any order which is due for delivery within thirty (30) days. The Buyer
may not be permitted to cancel an order where the Seller has already begun the
process of customization and where the product has been rendered impossible to
resell in the process. Any cancellation request will only be accepted by written
notice provided the buyer pays to the Seller such amount of cancellation charges
as the Seller shall notify in respect thereof.
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