1. DEFINITIONS - In these Terms and Conditions 'The Company' means Midland Radio LinksLtd. 'The Customer' means the Purchaser named overleaf, 'the Equipment' means the goods to be purchased by the Company under the Contract in which these Terms and Conditions are incorporated (referred to as 'the Contract' and 'the Act' means the Sale of Goods Act 1893 as amended. By the Sale of Goods (Implied Terms) Act 1973.
2. CONTRACT PROCEDURE - No terms or conditions (contained in the Customer's official Purchase Order or otherwise) shall be binding on the company other than those set out below, unless they are expressly agreed in writing by the company and acceptance of the Equipment shall be deemed unqualified acceptance to these conditions.
3. VALIDITY - Prices stated on the order are valid for 60 days from date hereof and then shall lapse unless revised or confirmed by the company in writing.
4. PRICES - Prices quoted apply only to the quantities specified in the quotation for delivery in the United Kingdom and are not subject to any discounts.
5. TERMS OF PAYMENT - Unless other wise specifically stated in writing the prices stated are not subject to any discount and payment in full is due upfront or 30 days after date of invoice.
6. DELIVERY PERIOD - All references to delivery shall mean delivery ex-works. The delivery period shall commence from the date of the receipt of order, the company will not be under any liability whatever if delivery is delayed beyond the period for any reason.
7. PROPERTY - The ownership of the goods shall remain in and shall belong to the seller until such times as the goods have been paid for in full.
8. LIABILITY - Without prejudice to any rights accrued in favor of the company in respect of any breach by the customer in the contract the company shall not be obliged to continue manufacturing any of the equipment if and so long as
The company shall not be liable for-
9. STORAGE AND DELAYED DELIVERY - The company reserves the right to make a storage charge for any equipment the customer requests the company to hold after the date on which delivery should have been made.
10. PACKING AND DAMAGE IN TRANSIT - All equipment delivered to the customer will be packed in the Companies standard transit cartons which are not suitable for storage. Any item damaged in transit must be notified in writing to the carrier and the company within three days after delivery at the address specified by the customer falling which the customer shall not be entitled to make any claim in respect thereof.
11. CANCELLATION - No cancellation, suspension or variation of the contract shall be valid unless agreed by the company in writing and such agreement will only be given on terms which compensate the company in respect of any losses arising as a result of such cancellation. Such compensation shall not be less than 10 per cent of the value of the cancelled contract or portion thereof.
12. ENGLISH LAW - The contract shall be governed by and interpreted in accordance with English law.
13. NOTICES - Any notice purported to be given under the contract to the customer shall be deemed to have been duly served and have been received by the customer in due course of post if sent by the company by pre-paid letter post addressed to the customers at the customers last known address.
14. HEADINGS - The headings do not form part of these T/Câ€™s and shall not be taken into account in their interpretation.
15. WARRANTY RETURNS - Radio warranty repairs are covered on a return to workshop basis.