Terms and Conditions of Sale are applied to each and every order. By accepting goods from us you agree to the terms below.
Please read Terms and Conditions before accepting any goods.
1. GENERAL
All goods are supplied by ABC TECH Ltd. subject to these conditions, which supersede any earlier set of conditions and which shall override any terms and conditions stipulated, incorporated or referred to by the Buyer whether in the order or in any negotiations.
2. PRICES
Any quotation is offered subject to prior sale and shall be calculated against full quantities and / or as a package. Subject to this all orders are accepted for execution at prices current at the date of dispatch. Prices are quoted ex-works and are subject to change or withdrawal without notice. Packing, delivery and insurance are charged extra. No discount shall apply unless previousely agreed by us in writing.
All ordes are Non-Cancellable Non-Returnable.
3. PAYMENT
All payments must be made in the currency indicated on the original invoice.
Terms of payment are strictly Prepaid Wire Transfer/EFT/Pro-Forma, unless a credit account has been established with us. Buyer can wire the funds to our bank. After the order is placed we will email a Pro-Forma Invoice which includes our bank information, the order total and shipping charges. Orders will be cancelled after 10 business days if funds have not been received. Buyer is resposible for duties and taxes. Where a credit account has been established with us, payment for each instalment of goods delivered in accordance with the payment terms stated on the respective invoice (whether goods delivered are the whole or only part of the goods ordered). We reserve the right at our complete discretion to refuse to establishe a credit account for any Buyer, to refuse credit to any Buyer notwithstanding that a credit account may already have been established and to withdraw established credit account facilites. Without prejudice to our othr rights, interest, at eighteen percent per calendar month (running from day to day) shall be payable on any payment which is more than 30 days overdue until actual payment. Notwithstanding any statement to the contrary by the Buyer to or towards any indebtedness of the Buyer with us, whether under this or any other contract. If customer fails to make payment when due, ABC TECH Ltd. may pursue any legal or equitable remedies, in which event ABC TECH Ltd. will be entitled to reimburement of costs for collection and reasonable attorney's fees.
4. RE-SCHEDULING OF ORDERS
Where an order includes a delivery date or dates, these may be re-scheduled only with our specific written aggrement and in any event we will require not less than three months prior writte notice of any required re-scheduling. Any stockholding costs incurred as a result of any re-scheduling will be payable to us by the Buyer.
5. CANCELLATION
In the event of the cancellation of any order we reserve the right without prejudice to charge up to 100% of the order value of the items cancelled.
6.DELIVERY
All shipments by ABC TECH Ltd. are EXW point of shipment from ABC TECH Ltd. facility.
(i) Any time or date quoted by us for delivery is given and intendit as an estimate only. Whilst every endavour will be made to meet an estimated timefoe delivery, we shall not be liable to make good any damage or loss wether arising directly or indarectly ouy of delay in delivery. We reseve the right to deliverby instalments against any order. Non-delivery must be rported immediately in writing to us within 3 days of the date of despach. Where we tender delivery in accordance with the contract and the Buyer either refuses to accept deliveryat that time or subsequently returns the goods without good cause, he hall be deemed to be in breach of the contact and we shall be entitled to treat the order or any revelant part of it as cancelled by the Buyer (without prejudice to any other rights we may have). All products collected by the customers designated carrier shall be deemed to have been delivered to the customer and to be te liability of the customer at the point of collection.
(ii) ABC TECH Ltd. reserves the right to make deliveries by instalments and to render a separate invoice in respect of each such instalment.
(iii) If ABC TECH Ltd. exercises its right to make deliveriesin accordance with sub-paragraph (ii) above, then any delay in the provision of such deliveries, or failure to deliver any further instalment or instalments, shall not entitle the Buyer to reject the Contract or the delivery/service of any other instalment or to withhold payment in respect of any instalment previously delivered.
7. INSPECTION
When the Buyer examines the goods before delivery is effected, he shall have no further right to inspect on arrival other than to notify ABC TECH Ltd. of any loss or damage in transit. When the goods are delivered to the Buyer without any previous examination by him, he shall inspect them immedialtely on arrival and shall within 5 days of such inspection give written notice to ABC TECH Ltd. of any matter of thing by reason of which he may allege that the goods are not in accordance with the contract. If the Buyer shall fail to give such notice the goods shall be deemed to be in all respects in accordance with the contract and the Buyer shall be bound to accept and pay for them accordingly.
Products or services are deemed accepted by You unless You notify ABC TECH Ltd. of shortages, damage or defects in writing within 5 days of delivery of Products or performance of services. All returns or refunds must comply with ABC TECH Ltd.'s returns or refunds policy. If You refuse to accept tender or delivery of any Products or return any Products without authorization from ABC TECH Ltd., ABC TECH Ltd. will hold such Products abandoned and dispose of them, without crediting Your account. You warrant that any Products returned are the original Products ABC TECH Ltd. shipped to You and are unaltered. All returns are subject to a re-stocking fee up to 50% of the value of the Products being returned.
8. OWNERSHIP
Until the Buyer makes payment in full for the goods he shall at all timeskeep them in his possession and control and shall not remove them without ABC TECH Ltd.'s consent and will not sell or otherwise dispose of or deal with the goods. Legal and equitable ownership of the goods shall remain with ABC TECH Ltd., notwithstanding delivery thereof to the Buyer, until such time as the full price thereof (and any other monies payable hereunder) has been paid by the Buyer to ABC TECH Ltd. Until such time, the Buyer shall have possession of the goods as Baillie. We will permit the Buyer to sell the goods on in the ordinary course of his business (either separately or as part od constructed products), but in that event the proceeds of sale thereof will be held by the Buyer as our Trustee to the extent of the Buyers indebtedness to ABC TECH LTD. Pending any such sale, the Buyer will be obliged to keep the goods separate from his own goods until the property therei passes to the Buyer or until the same are sold on to a third party.
9. PASSING OF RISK
Notwithstanding that ownership of te same may remain with ABC TECH Ltd., as from the time of the delivery of the goods to the Buyer.
10. MARKS AND NUMBERS
The Buyer shall ot remove or otherwise interfere with the marks or numbers on any goods supplied by ABC TECH Ltd.
11. DEFAULT
If the Buyer makes default in any payment on the due date or is otherwise in breach if any of these terms, or if (being an individual) he commits an act of bankkruptcy or has a receiving order made against him or (being a company) entres into liquidation (whether compulsory or voluntry) or has a receiver or manager appointed of the whole or any part of its business or undertaking or if distress or execution is levied or threatened upon any of the Buyer's property, then in any such case (and without prejudice to any other rights we may have):-
(i) ABC TECH Ltd. shall be entitled to repossess and re-sell goods delivered to the Buyer if ot paid for in full and for that purpose to enter upon the property in which they are situated.
(ii) ABC TECH Ltd. shall be entitled to suspend all further deliveries to the Buyer until the default is made good or to refuse to deliver any further goods to the Buyer and to re-sell any further goods ordered by the Buyer whether they are the balance of any order or the whole part of a further order.
(iii) The Buyer shall in any event be liable to ake good to ABC TECH Ltd. our loss or profit on all such goods and all costs and expenses of repossession, storage, insurance and sale and to pay to ABC TECH Ltd. interest as provided above until actual payment.
12. DEFECTIVE GOODS
(a) If any goods are or become faulty or defective by reason on of defective materials or faulty workmanship ABC TECH Ltd. will (at our option) either refund the price of the goods or replace or repair such goods provided (1) the Buyer has notified ABC TECH Ltd. in writing with full particularity and where possible independent test evidence within 60 days of delivery (2) the Buyer has retured the faulty or defective goods to ABC TECH Ltd. within 28 days of issue of Returns Material Authorisation.
(b) The liability above is to the full extent the law allows in place of any other conditions or warranties whether express or implied as to the quality and fitness for purpose of the goods and
(c) Save as provided above and in Clause 18 ABC TECH Ltd. shall have no liability to the Buyer or any third party in respect of faulty or defective goods.
13. USE OF GOODS
The Buyer acknowledges that ABC TECH Ltd. acts solely as the distributor of electronic products and that the Buyeris exclusively respsnible for detailing the specification of all goods ordered from ABC TECH Ltd., for ascertaining the use to which they will be put and for determining their ability to function for that purpose. Accordingly (and without limiting the generality of the previous condition) ABC TECH Ltd. has no liability arising out of any advice given by them to the Buyer relating to its requirements in respect of any goods.
14. COMPUTER SOFTWARE
Where any goods supplied by ABC TECH Ltd. embody, include or contain computer program(s) and/or related documentation the copyright in which is owned by a third party, all rights and liabilities associated with the use and/or reproduction thereof will be subject to the terms of the applicable end user licence, to the exclusion of all liabilities and obligations on our part.
15. LIEN
In the event of the Buyer's insolvency ABC TECH Ltd. shall be entitled (in addition to any lien arising by law) to a general lien on all the Buyer's goods in our pssession (although the same or some of them have been paid for) for any money due in respect of such goods or in respect of any general or particular balance or other money due from the Buyer to ABC TECH Ltd. whether under the same or any other order.
16. LIMITATION OF LIABILITY
For 60 days after delivery, ABC TECH Ltd. warrants Products against defects caused solely by faulty assembly or customization and that any services performed exclusively by it were performed in accordance with industry tandards. To the extent provided that ABC TECH Ltd.'s supplier(s) known from here as ("Supplier(s)"), all other products, services and the components and materials utilized in any assembled or customized Products or services are subject to Supplier's standard warranty, which is expressly in lieu of any other warranty, expressed or implied, by ABC TECH Ltd. or Supplier. Your exclusive remedy, if any, under these warranties is limited, at ABC TECH Ltdd.'s election, to: (a) refund of Your purchase price, (b) repair or re-performance by ABC TECH Ltd. or Supplier(s) of any Products or services found to be defective, or (c) replacement of ay such Product. If there is no Supplier warranty, You take all such Products and services "as-is" without any warranty. You acknowledge that except as specifically set forth herein, THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND BY ABC TECH Ltd, EXPRESSED OR IMPLIED AS TO THE CONDITION OR PERFORMANCE OF ANY PRODUCTS OR SERVICES, THEIR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT, OR OTHERWISE. ABC TECH Ltd. ASSUMES NO RESPONSIBILITY OR LIABILITY FOR SUPPLIER'S PRODUCT OR SERVICE SPECIFICATIONS OR THE PERFORMANCE OR ADEQUACY OF ANY DESIGN OR SPECIFICATION PROVIED TO ABC TECH Ltd.
NEITHER ABC TECH Ltd. NOR SUPPLIER(S) WILL HAVE ANY LIABILITY OR OBLIGATION TO YOU OR ANY OTHER PERSON FOR ANY CLAIM, LOSS, DAMAGE OR EXPENSE CAUSED IN WHOLE OR IN PART BY (a) ANY INADEQUACY, DEFICIENCY OR DEFECT IN ANY PRODUCTS OR SERVICES (WHETHERR OR NOT COVERED BY ANY WARRANTY), (b) THE USE OR PERFORMANCE OF ANY PRODUCTS OR SERVICES, OR (c) ANY FAILURE OR DELAY IN ABC TECH Ltd.'s PERFORMANCE HEREUNDER, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE, COST OF REPLACEMENT GOODS OR SERVICES, REWORK, LOSS OF DATA, EXEMPLARY OR PUNITIVE DAMAGES, PROPERTY DAMAGE, PERSONAL INJURY, DEATH OR LEGAL EXPENSES, HOWSOEVER CAUSED, INCLUDING VIA ABC TECH Ltd.'s OR SUPPLIER'S NEGLIGENCE, WHETHER OR OT YOU HAVE INFORMED ABC TECH Ltd. OF THE POSSIBILITY OR LIKELIHOOD OF ANY SUCH DAMAGES. IN NO EVENT WILL ABC TECH Ltd.'s LIABILITY, REGARDLESS OF BASIS AND EXCEED THE PRICE PAID FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM.
The performance of any value-added service may void Supplier's warranty. Orders incorporating such services may become non-cancellable and the Prroducts non-returnable. Any third-party value-added service provider is deemed to be Your agent. ABC TECH Ltd. shall have no liability for any technical advice offered or given.
17. PRODUCT SAFETY NOTICE AND RESTRICTIONS
Products are traceable to the OEM manufacturer and Lot/Date Code where available and when requested at the time of customer order. ABC TECH Ltd. does not determine the specificatios or conduct any performance or safety testing of any products that it sells. Specification sheets provided to Buyers are produced by the manufacturer o transcribed from information provided by the manufacturer. ABC TECH Ltd. is not a Qualified Manufacturers List (QML) supplier or a supplier of Qualified Product Listing (QPL) components. Buyer agrees that all purchases are for commercial or other applications that do not require QPL components. Any reference to military specifications on our website is for reference only and does not modify these terms and conditions. ABC TTECH Ltd. does not participate in any product safety engineering, product safety review or product safety testing.
18. FORCE MAJEURE
ABC TECH Ltd. shall be relieved of all liability for obligations incurred to the Buyer whenever, and to the extent of which the fulfilment of such obligation is prevented, frustrated or impeded in consequence of any statute, rules, regulations, orders or requisitions issued by any government deparment, council, other duly constituted authority or by reason of any strikes, combination of workmen, lockouts, breakdown of plant, accident,civil commotion, war,for majeure or any other cause beyond ABC TECH Ltd.'s control.
ABC TECH Ltd. will not be liable for any damages due to any further delay in its performance as results of any events beyond its reasonable control. ABC TECH Ltd. may cancel without liability any order delayed by any such cause(s). In its sole discretion, ABC TECH Ltd. may allocate, defer,delay or cancel the shipment of any Product which is in short supply.
19. LAW
These conditions and the contract and all matters pertaining thereto shall be governed by English law and the English courts shall have jurisdiction in relation thereto.
ABC TECH Ltd.'s rights and remedies will be cumulative and not exclusive. You are responsible for all losses, costs and expenses, inluding attorney's fees, incurred by ABC TECH Ltd. in collecting any sums You owe. ABC TECH Ltd. shall have the right to offst against any amounts owed by ABC TECH Ltd. to You. These terms, and any matter arising out of or related thereto, are governed solely by the laws of the United Kingdom, without regard to its conflict of law principals. Any proceeding arising out of or related to this Agreement must be commenced in any courtof competent jurisdiction located in the UNited KIngdom. The parties hereby submit to the exclusion jurisdiction of such court and waive (a) any right to a jury trial or (b) defence of lack of personal jurisdiction in such court. EACH OF THE PARTIES IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION THAT THEY MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH PROCEEDING IN SUCH COURTS AND ANY CLAIM THAT ANY SUCH PROCEEDING BROUGHT IN ANY SUCH COURTS HAS BEEN BROUGHT IN ANY INCONVENIENT FORUM. Each party agrees that a final judgment in any such proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.