Standard Terms and Conditions
of Sale
In these terms and conditions:
a) The "seller" means Orca Logic limited
b) The "buyer" means any person or company who buys
or has agreed to buy Goods from the Seller.
c) The ‘Goods’ means goods provided by the Seller in
accordance with the Seller’s standard Terms and Conditions of sale.
The purchase of products through this web site is governed by
these terms and conditions. By accessing the site you
agree to be bound by these terms and conditions.
1. The information contained within this web
site and online store are, to the best of our knowledge, correct
at the time of publishing. Whilst every effort is made to ensure
the prices and details are accurate Orca Logic Ltd
reserves the right to change, modify, substitute or remove
without notice any information on this site.
2. All goods must be paid for with the
order, unless prior arrangements have been made. We reserve the
right to refuse delivery if payment is not made. All goods
remain the property of Orca Logic Ltd until payment is made in
full. All rights including without limitation copyright, design
and trademark rights in the website are owned by Orca Logic Ltd.
3. The products supplied from this web site
are supplied by Orca Logic Ltd, (www.orcalogic.co.uk). Orca
Logic Ltd is a limited company and registered in England
(Reg. Number 3393533), the registered office address is: Curzon
House, 24 High Street, BANSTEAD Surrey SM7 2LJ. UK
4. All prices, where relevant, are Exclusive
of VAT (unless otherwise stated). - Orca Logic Ltd VAT
registration number 683567491.
5. All orders are subject to acceptance by
Orca Logic Ltd. In the unlikely event that products are
unavailable, or where there have been errors in pricing, we may
have to decline an order. In this case we will advise you as
soon as possible and ask for your instructions. We will not
debit your credit card or charge card, or process any other
method of payment until an order has been accepted.
6. Neither you nor Orca Logic Ltd will be
liable for any delay or failure to perform our respective
obligations under this contract due to any cause beyond our
reasonable control including without limitation any act of God,
strike, lock out, trade dispute, traffic accident or any act or
omission of any government or regulatory authority.
7. This does not affect your statutory
rights as a consumer.
8. Orders are not accepted from persons
under the age of 18 years old. By placing an order you
demonstrate that you are over such an age. Where you place an
order and are under that age you are in breach of contract. The
holder of the credit or debit card that you use will be fully
liable for all sums charged.
9. These terms and conditions and all
disclaimers and other material on our website shall be governed
by and construed in accordance with English law and any disputes
shall be referred to the exclusive jurisdiction of the English
courts.
Delivery
All despatch dates are estimated and are not guaranteed and
do not form a term of this contract. Whilst every endeavour will be made to
comply with these dates, the Seller shall have no liability whatsoever for delay
in despatch or delivery, or for any loss occasioned thereby. Late delivery does
not entitle Buyer to cancel order. Any shortages in delivery must be notified in
writing to the Seller within three days.
Damage or loss in transit
Goods are shipped via Royal Mail or on an overnight courier service, all goods
include insurance cover against loss and damage during transit. Once the
goods have been received and signed for, this insurance cover is no longer
effective, responsibility is then passed to the signatory. Any Damage to
received goods should be notified
in writing within three days of receipt.
Defective goods
i) The liability of the seller is strictly limited to the
replacement, repair or credit to the invoiced value of the defective items at
the discretion of the seller. The seller’s maximum liability under or arising
from this agreement shall be limited to a sum equivalent to the invoice price of
the goods. The seller shall not be liable for any claim, whether arising in
contract, tort or otherwise for the consequential, economic, special or other
indirect loss. The buyer accepts that the limitations and exclusions set out
herein are reasonable having regard to all the circumstances including, without
limitation, the price of the goods.
ii) Except otherwise provided in this agreement, all
warranties, representations, terms and conditions, whether express or implied,
written or oral, are hereby expressly excluded to the fullest extent permitted
by law.
Warranty
Unless otherwise stated. The goods have a warranty for
30 days from the date of purchase against faulty materials or workmanship.
During this period the Seller will at the Seller’s option either refund the
price of such Goods or replace or repair such Goods provided that: i) the Buyer
shall have notified the Seller in writing of the fault or defect in the Goods,
and shall have returned the faulty or defective Goods to the Seller for
inspection in accordance with the returns procedure in section (12) herein, ii)
the product has not been misused or handled carelessly, the product is certified
by the company as being defective. iii) The product was purchased by the buyer.
Goods supplied with a manufacturer warranty are subject to the manufacturers
warranty terms and conditions.
Goods supplied to the Buyer by the Seller must not to be used
in any medical or life critical applications by the Buyer or any other third
party, without confirmation in writing by the Seller. All other warranties,
conditions and statements expressed or implied, statutory or otherwise are
excluded. Subject to the aforesaid the Seller shall be under no liability in
contract or in tort for any loss, damage, death or injury arising directly or
indirectly out of the supply, use or misuse of the Goods, to the Buyer or any
other third party.
Prices
Unless otherwise stated any prices quoted by the Seller are:
(I) exclusive of value added tax and any other taxes and duties, (ii) exclusive
of carriage, and insurance. The Seller shall charge extra in respect of these
items. Prices to the Buyer are subject to change without notice after the date
of Sellers acceptance of Buyer’s order where Seller has incurred increased
costs due to currency exchange rate change, import duty change, increased
freight charges, increased prices from supplier or surcharges. Where agreed
call-off’s are not adhered to by the Buyer. The Seller reserves the right to
amend the price structure in accordance with the quantities delivered. In any
event the Seller retains the right to invoice at the price ruling at the time of
delivery. The Seller reserves the right to amend prices to correct errors or
omissions.
Payment
The credit terms are 30 days nett from the date of invoice.
Cash on delivery payments must be paid on delivery or within one day. Where
payment is not made in accordance with the terms above hereof, the Buyer shall
pay interest on any unpaid amounts calculated at 3% above Lloyds Bank Plc’s
base rate for the time being in force calculated on a daily basis. The Seller
reserves the right to suspend deliveries where payment is not received in
accordance with these Terms and Conditions of Sale. The Seller reserves the
right at the Seller’s complete discretion to refuse to establish a credit
account for any Buyer, to refuse credit to an Buyer notwithstanding that a
credit account may already have been established, and to withdraw credit account
facilities. Without prejudice to the Sellers other rights. The seller reserves
the right to charge £20.00 for all unpaid items either returned or represented
at the company’s bank. Any outstanding account will become immediately due for
payment.
Prices, Price lists and Quotations
Prices, Price lists and quotations made are subject to these
terms and conditions. The prices shown in our catalogues and price lists are
those ruling at the time of printing and are therefore subject to alteration
without notice. Goods will be invoiced at prices ruling at the time of delivery.
Ownership
At the Seller’s discretion, ownership of the Goods may not
pass from the Seller to the buyer until the Buyer as made a payment in full
thereof, (and any other moneys owing to the Seller). If payment is not made in
accordance with these Terms and Conditions of Sale. The Seller shall have the
right (without prejudice to the obligation of the Buyer to purchase the Goods,
and to any other remedy that may be available to the Seller) to retake
possession of goods not fully paid for, and to go up on any premises occupied by
the Buyer, the Company and its employees may
enter any building or land which the goods are situated.
Cancellations and Re-schedules
Requests to cancel or reschedule orders must be made in
writing to the Seller. The Seller is under no obligation to accept such
cancellations or reschedules. Without prejudice, the Seller reserves the right
to make a charge on the Buyer to recover costs and loss of profit incurred by
the Seller due to such a cancellation or reschedule.
Returns Procedure
If any Goods are or become defective in accordance with
section (11) herein. The Buyer must obtain a RMA (Return Merchandise Authority)
number from the Seller. The RMA number will be valid for a period of seven days
from the date of issue by the Seller. The Seller reserves the right to refuse
delivery of Goods after this period. The Buyer may have to bear any losses due
to price erosion or obsolescence if Goods are returned after the seven days. Any
Goods returned must have the RMA number marked clearly on the package. The
Seller reserves the right to refuse delivery of any Goods returned without an
RMA number.
Errors and Descriptions
Every effort will be made by the Seller to ensure accuracy of
any technical data or literature made available in relation to the Goods. The
Seller accepts no liability for any damage or injury arising from any errors or
omissions in such technical data to the Buyer or any third party. No contract
can be invalidated due to printing or clerical errors. Any descriptions of Goods
are for guidance only and shall not constitute the contract ‘sale by
description’.
Termination of liability
The Seller shall be relieved of all liability for obligations
incurred to the Buyer and any other third party. Whenever, and to which the
fulfilment of such obligation is prevented, frustrated or impeded in consequence
of any statue, rules, regulations, orders or requisitions issued by any national
or foreign government department, council or other duly constituted authority or
by reason of any strikes, breakdown of plant, accident, civil commotion, war,
force major or any other cause beyond the control of the Seller. Including but
not limited to causes arising from acts or omissions of the Buyer.
Alteration of Terms and Conditions
These Terms and Conditions of Sale supersede any previous
Terms and Conditions of Sale of the Seller. Any variation of these Terms and
Conditions must be confirmed in writing by the Seller and will not otherwise be
valid. Any waiver by the Seller of these Terms and Conditions of Sale on any
occasion shall merely act as a waiver on that occasion, and shall not affect the
Seller’s right to enforce any of these Terms and Conditions on any further
occasion. No terms and conditions stipulated by the Buyer shall have effect
unless agreed in writing from the Seller.
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