Standard Terms and Conditions of Business of Unibox Express
1.1. These standard terms and conditions (‘The Conditions’) shall apply to all
contracts for goods and services between Unibox Express and any person or Company
who accepts the quotations for the goods which the Company is to supply
in accordance with these conditions (‘The Buyer’). In the case of any
inconsistency with any order, letter or form of contract sent by the Buyer
and the Company or any other communication between the Buyer and the
Company (what ever may be their respective dates) the provisions of the
Terms and Conditions shall prevail unless expressly varied in writing and,
in the case of the Company, signed by a director thereof.
1.2. No statement, description, information, warranty, condition or
recommendation contained in any price-list, advertisement, documentation
or communication or made verbally be any of the agents or employees of
the Company shall be construed so as to extend, vary or override any
provision of this Contract in any way.
In these Conditions the following expressions shall the have the meanings
ascribed to them below:
2.1. ‘The Company’ means United Aluminium Ltd;
2.2. ‘The Buyer means the legal entity with whom the Contract is made by the Company;
2.3. ‘The Goods’ means any goods supplied by the Company to the Purchaser in accordance with the order confirmation of the Company which is accepted by the Buyer or any written order of the Buyer which is accepted by the Company;
2.4. ‘The Company’s Premises’ means the premises of the Company at Holt Street, Manchester M40 5AX, United Kingdom
2.5. ‘The Delivery Date’ means the date that the Goods are collected by the
Buyer from the Company’s Premises or other address specified by the
Company, or the date of delivery of the Goods, whichever is applicable;
2.6. ‘The Contract’ means the contract between the Company and the Buyer for
the supply and/or rental of the Goods.
3.1. The Company shall sell and the Buyer shall buy the Goods subject in either
case to the Conditions, which shall govern the Contract to the exclusion of
any other items and conditions.
4.1. Notwithstanding that the Company may have given a detailed quotation to
the Hirer no order shall be binding on the Company unless and until it has
been accepted by the Company.
4.2. The Buyer shall be responsible to the Company for ensuring the accuracy
of the terms of any order (including any applicable specifications)
submitted by the Buyer, and for giving the Company any necessary
information relating to the Goods.
4.3. No order which has been accepted by the Company may be cancelled by
the Buyer except with the agreement in Writing of the Company and on
terms that the Buyer shall Indemnify the Company in full against all loss
(including loss of profit), costs (including the costs of all labour and
materials used), damages, charges and expenses incurred by the Company
as a result of cancellation.
5.1. The price of the goods shall be Company’s quoted price contained in the
order confirmation and except as otherwise stated under the terms of any
quotation or in any price list of the Company, and unless otherwise agreed
in Writing between the Buyer and the Company, all prices are given by the
Company on a ex works basis, and where the Company agrees to deliver
the Goods otherwise than at the Company’s premises, the buyer shall be
liable to pay the company’s charges for transport, packaging and insurance.
5.2. All prices are exclusive of any applicable value added tax, which the
Buyer, shall be additionally liable to pay to the Company.
6.1. The Company does not grant credit facilities automatically. Should the
Company grant the Buyer credit facilities, payment of all charges shall be
made strictly within 30 days of the invoice date. If the Buyer does not have
a credit account then payment is to be made with order or on receipt of a
pro-forma invoice.
6.2. Payment in full shall be due to the Company and the Buyer shall not
be entitled to exercise any set-off, lien or any other similar right or
claim.
6.3. The time of payment shall be of the essence of the Contract;
6.4. The Company reserves the right to withdraw credit facilities at any
time and without notice;
6.5. Without prejudice to any other rights it may have the Company is
entitled to charge interest a the rate of 4% above the then prevailing
Base Lending Rate of Lloyds Bank plc on all rental charges and other
payments which are overdue, such interest to run from the due date
for payment until the date when payment in full is received, whether
before or after judgement has been obtained.
7.1. Any dates quoted for delivery of the Goods are approximate only and
the Company shall not be liable for any delay in delivery of the
Goods howsoever caused. Time for delivery shall not be of the
essence unless previously agreed by the Company in writing although
the following delivery guidelines will normally apply following
receipt of the Order Confirmation.
7.2. If the Buyer fails to take delivery of the Goods or fails to give the
Company adequate delivery instructions at the time stated for delivery
(otherwise that by reason of any cause beyond the Buyers reasonable
control or by reason of the Company’s fault) then without prejudice to
any other right or remedy available to the Company, the Company
may;
7.2.1. store the Goods until actual delivery and charge the Buyer for
the reasonable costs (including insurance) of storage; or
7.2.2. sell the Goods at the best price readily obtainable and (after
deduction all reasonable storage and selling expenses) account to the
Buyer for the excess over the price under the Contract or charge the
Buyer for any shortfall below the price under the Contract.
8.1. Risk or damage to or loss of the Goods shall pass to the Buyer,
immediately upon the Goods leaving the Company’s premises or
price of storage for shipment to the Buyer. The Company is not
responsible for damage or shortages that occur in transit.
8.2. Notwithstanding delivery and the passing or risk in the Goods, or any
other provision of these Conditions, the property in the Goods shall
not pass to the Buyer 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 Buyer for which
payment is then due.
8.3. Until such time as the property in the Goods passes to the Buyer, the
Buyer shall hold the Goods as the Company’s judiciary agent and
bailee, and shall keep the Goods separate from those of the Buyer and
third parties and properly stored, protected and insured and identified
as the Company’s property. Until the time that the Buyer shall be
entitled to resell or use the Goods in the ordinary course of its
business, but shall account to the Company for the proceeds of sale or
otherwise of the Goods, whether tangible or intangible including
insurance proceeds, and shall keep all cash proceeds separate from
any moneys or property of the Buyer and third parties and, in the case
of tangible proceeds, properly stored, protected and insured.
8.4. 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),
the Company shall be entitled at any time to required the Buyer to
delivery up the Goods to the Company and, if the Buyer fails to do so
forthwith, to enter upon any premises of the Buyer or any third party
where the Goods are stored, protected and insured.
8.5. The Buyer shall not be entitled to pledge or in any way change by
way of security for any indebtedness any of the Goods which remain
the property of the Company but if the Buyer does so all moneys
owing by the buyer to the Company shall (without prejudice to any
other right or remedy of the Company) forthwith become due and
Standard Terms and Conditions of Business of Print On Demand Limited (t/a Pod Exhibition Systems)
payable.
9.1. Subject to the Conditions set out below the Company warrants that the
Goods will correspond with their specification at the time of delivery (excluding bulbs) and
will be free from defects in material and workmanship for a period of
twelve months from the date of their initial use of twelve months from
delivery, whichever is the first to expire.
9.2. The above warranty is given by the Company subject to the following
conditions:-
9.2.1. the Company shall be under no liability in respect of any defect
arising from fair wear and tear, wilful damage, negligence, abnormal
working conditions, failure to follow the Company’s instructions (whether
oral or in writing), misuse or alteration or repair of the Goods without the
Company’s approval;
9.2.2. the Company shall be under no liability under the above warranty, (or
any other condition or guarantee) if the total price for the Goods has not
been paid by the due day for payment.
9.3. Subject as expressly provided in these Conditions, and except where the
Goods are sold to a person dealing as a consumer (within the remaining of
the Unfair Contract Terms Act 1977), all warranties conditions or other
terms implied by statute or common law are excluded to the fullest extent
permitted by law.
9.4. Where the Goods are sold under a consumer transaction (as defined by the
Consumer Transactions Restrictions on Statements Order 1976) the
statutory rights of the Buyer are not affected by the Conditions.
9.5. Any claim by the Buyer which is based on any defect in the quality or
condition of the Goods or their failure to correspond with specifications
shall (whether or not delivery is refused by the Buyer) be notified to the
Company with 48 hours from the date of delivery (or where the defect or
failure was not apparent on reasonable inspection) within a reasonable time
after discovery of the defect of failure. If delivery is not refused, the Buyer
does not notify the Company accordingly the Buyer shall not be entitled to
reject the Goods and the Company shall have liability for such defect or
failure, and the Buyer shall be bound to pay the price as if the Goods has
been delivered in accordance with the Contract. (Valid claims are based
strictly on following our Complaints Procedure).
9.6. Where any valid claim in respect of any of the Goods which is based on the
any defect in the quality or condition of the Goods or their failure to meet
specifications is notified to the Company in accordance with the
Conditions, the Company shall be entitled to replace or correct the Goods
(or part in question) free of charge by the Company shall have no further
liability to the Buyer. Please see our Complaints Procedure which is
available on request.
9.7. Except in respect of death or personal injury caused by the Company’s
negligence , the Company shall not be liable to the Buyer by reason of any
representation or any implied warranty, condition or other terms or any
duty at common law or under the express terms of the Contract for any
consequential loss or damage (ether for loss or 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 Buyer, except as expressly provided in
these conditions.
9.8. The Company shall not be liable to the Buyer or be deemed to be in breach
of the 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 to any cause beyond the Company’s reasonable
control.
10.1. This clause applies if:
10.1.1. the Buyer makes any voluntary agreement with its creditors or
becomes subject to an administration order or (being an individual or firm)
becomes bankrupt or (being a company) goes into liquidation (otherwise
than for the purposes of amalgamation or reconstruction); or
10.1.2. an incumbent takes possession, or a receiver is appointed, of
any of the property or assets of the Buyer; or
10.1.3. the Buyer causes, or threatens to cease, to carry on business; or
10.1.4. the Company reasonably apprehends that any of the events
mentioned above is about to occur in relation to the Buyer
accordingly.
10.2. If this clause applies then, without prejudice to any other right or
remedy available to the Company, the Company shall be entitled to
cancel the Contract or suspend any further deliveries under the
Contract without any liability to the Company, and if the Goods have
been delivered but not paid for the price shall become immediately
due and payable notwithstanding an y previous agreement or
arrangement to the contrary.
11.1. The Company shall be entitled to delay or cancel delivery or to
reduce the amount delivered if it is prevented from or hindered in or
delayed in obtaining or delivering the Equipment by the normal route
or means of delivery through any circumstances beyond it control
including but not limited to strikes, lockouts or any other form of
industrial action, accidents, war, fire, reduction in or unavailability of
power at manufacturing plant, breakdown of machinery or shortage or
unavailability or raw materials or labour from normal sources of
supply.
12.1. Any notices to be given by either party to the other shall be in writing
and may be served either by delivering by hand or sending it by first
class post or facsimile transmission in the case of the Company to the
Company’s Premises. Service by delivery by hand shall be deemed
to be effected upon delivery to the relevant address, service by first
class post 3 days following the date of posting and service by
facsimile transmission upon transmission of the relevant
communication.
12.2. Any notice required or permitted to be given by either party to the
other under these Conditions shall be in writing addressed to that
other part at the registered office or principal place of business or
such other address as may at the relevant time have been notified
pursuant to this provision to the part giving the notice.
12.3. No waiver by the company or any breach of the Contract by the
Buyer shall be considered as a waiver of any subsequent breached of
the same or any other provision.
12.4. If any provision of these Conditions is held by any competent
authority to be invalid or unenforceable to whole or in part of the
validity of the other provisions of these Conditions and the remainder
of the provisions in question shall be affected thereby.
12.5. The Contract shall be governed by the laws of England.
13.1. Where two or more persons are a party to the Contract as the Buyer
the liability or such persons shall be joint and several.
14.1. The Contract shall be governed by and construed in accordance with
English Law.  Top
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