Acceptance & Amendment

  1. Acceptance and Amendment
    (1) These general conditions shall (unless or except to extent Seller otherwise agrees in writing) apply to all tenders, offers, quotations, acceptances, deliveries and agreements relating to sale of goods by Seller and Buyer shall be deemed to assent thereto.(2) Each order is subject to these general conditions (in so far as not inconsistent with any special terms agreed between Seller and Buyer) which exclude any other terms and conditions, which the buyer might seek to impose.(3) No order for Seller's goods (whether pursuant to quotation by Seller or otherwise) is binding on Seller until accepted in writing by Seller.(4) No other conditions or modifications of these general conditions shall be binding on Seller unless Seller agrees thereto in writing and Seller shall not be deemed to accept such other conditions nor to waive any of these general conditions by failing to object to provisions contained in any purchase order or other communication from Buyer.(5) No representative, agent, or salesman, who is not a director of Seller, has any authority to amend or waive any of these general conditions of other provisions of contract.(6) Neither these conditions nor any other provisions of contract shall be suspended, amended or waived except with written agreement of Seller.

Seller's Specifications

  1. Seller's Specifications
    (1) All descriptions, specifications, drawings, weights, dimensions, capacities, prices, performance rating and other data quoted or submitted by Seller or included in any (electronic) catalogue, prospectus, circular, advertisement, illustrated matter or price list are to be deemed approximate only (except where stated in writing) to be exact or expressly made and subject thereto none of such items or any part thereof shall form part of contract other than as approximations.(2) Except to extend agreed otherwise in writing Seller has right to modify design and specifications of goods without notice to Buyer.(3) Where Buyer supplies specifications relating to quantities, measurements and sizes of goods to be supplied (whether in writing or otherwise) Seller shall not be responsible for verifying or checking the accuracy of same.
  1. Prices
    (1) Price of goods shall be Seller's quoted price or where no price has been quoted (or a quoted price is no longer valid) the price listed in Seller's published price list current at date of acceptance of order.(2) Prices listed of goods are in local currencies including V.A.T.(3) After an order has become binding on Seller all prices will have V.A.T. added at appropriate rate and are subject to increase to reflect increases from time to time in list prices and any increase in costs to Seller (including without limitation costs of materials, labour, transport and services, and fluctuations in currency exchange rates and any tax, duty, fee or charge, imposed by any government or other authority prior to delivery).(4) Delivery and transport charges, insurance, cost of installations and/or erection on site, cost of any commissioning or running or installation tests and of all materials used therefore are not included in price and will be charged extra at Seller's then current rate for same.
  1. Payment
    (1) Unless otherwise agreed by Seller or stated in any acknowledgement of order invoice amount shall become due for payment by Buyer thirty days after date of invoice.(2) Seller reserves right at any time before proceeding or proceeding further with an order to demand full or partial payment under contract or any monies due and payable under any other contract or any other amount between Seller and Buyer. If Buyer defaults in any payment Seller may, in addition to exercising right contained in condition 4(3) suspend work under contract, delay or withhold delivery or cancel contract or suspend work, delay or withhold delivery under or cancel any other contract with Buyer and retain any progress payments or payments on account already received under this or any other contract with Buyer.(4) Seller reserves right to charge interest at a rate of one and a half per cent per month on all overdue monies.(5) Seller shall have a lien on all undelivered goods which Buyer agrees to buy from Seller for all monies due from buyer to Seller under this or any other contract between them and Buyer shall have no right of set off in respect of such monies.

Delivery

  1. Delivery
    (1) Time is not of essence of contract and any time or date specified by Seller as time at which or date on which goods will be despatched or delivered or as case may be made available for collections is given and intended as an estimate only and Seller shall not be liable for any loss, damage or expense howsoever arising from delay in delivery.(2) Buyer shall at request of Seller supply Seller with details necessary to allow Seller to make delivery and shall accept delivery whenever Seller proffers delivery. If Buyer does not comply with foregoing it shall not be entitled to withhold any payment and shall indemnify Seller against any consequential loss, damage or expense and Seller may enforce its remedies for payment and may (if it so wishes) cancel intended delivery and sell goods to which such intended delivery related without prejudice to its right to claim damages in respect of such breach of contract or may store goods at Buyer's risk in a place of its choosing at the cost of Buyer and delivery by Seller of deposit receipt or other evidence of storage to Buyer shall be deemed to be delivery of goods.(3) Seller reserves right to make delivery in installments unless otherwise expressly provided in contract. Period during which delivery by installment may be made and quantity of goods delivered in each installment shall be at Seller's discretion.(4) Notwithstanding any express agreement as to date of delivery Seller shall be entitled to postpone or cancel delivery in whole or in part when it is delayed in or prevented from making or obtaining any goods or materials or part or components or services therefore or making delivery thereof by strikes, lockouts, trade disputes or labour troubles or any cause beyond Seller's control including, but without limitation. Act of God, act of Buyer or its agents, embargo or other governmental act, regulation or request, fire accident, war, riot, delay in transportation, inability to obtain adequate labour, materials or manufacturing facilities. During any of foregoing events Seller's obligations shall be suspended until such events cease or until Seller cancels delivery (as case may be) and Seller shall not be required to obtain elsewhere in the market goods with which to replace goods delivery of which has been postponed or cancelled as a result of any of said events. In event of cancellation by Seller under this sub clause Seller shall be paid pro rata for goods delivered or work done to date of cancellation

Cancellation of Order by buyer

  1. Cancellation of Order by Buyer
    (1) If Buyer cancels a contract then Buyer shall be liable to pay to Seller by way of liquidated damages the following proportions of contract price.(i) where such cancellation is notified to Seller at least two months prior to the agreed date of delivery 10% of contract price.(ii) where such cancellation is notified to Seller at least one month but less than two months prior to the agreed date of delivery 20% of contract price.(iii) where such cancellation is notified to Seller less than one month prior to agreed date of delivery 50% of contract price.(2) Parties acknowledge that amounts specified in clause 6 (1) represent a genuine estimate of Seller's loss in event of cancellation of contract.

Buyer's Obligations & Claims on Delivery

  1. Buyer's Obligations and Claims on Delivery
     (1) Buyer will;(i) examine goods carefully within 7 days of taking delivery.(ii) notify Seller (and any carrier for Seller) in writing within 14 days of taking delivery of any error in quantity or weight or description of goods delivered or that they were mixed with others not included in contract or of any damage to goods revealed by such examination and not caused since delivery was taken.(iii) notify Seller (and any carrier for Seller) in writing within 10 days of date of Seller's invoice if goods subject of invoice have not been received.(2) Failure to make any notification in accordance with paragraph (iii) above which examination under (i) above should have enabled Buyer to make shall constitute waiver by Buyer of all claims based or relating to facts, which such examination should have revealed.

Risk

  1. Risk
    Risk in goods shall pass to Buyer when goods are collected by appointed carrier.

Title to Goods

  1. Title to Goods
    (1) Unless otherwise agreed in writing or until Seller otherwise in writing agreed or notifies Buyer, goods shall continue to be in ownership of Seller until Buyer has paid for them in full.(2) Buyer may while not in default in terms of condition 14 below, sell goods on a bona fide bases and for full market value notwithstanding Seller's title.(3) Any sale by Buyer of goods owned by Seller shall, as between Buyer and person to whom Buyer sets, be made by Buyer as principal, but proceeds of sale shall belong to Seller to extent that Buyer has not paid Seller for such goods until such payment has been made, and until such time such proceeds shall be held by Buyer in a fiduciary capacity on behalf of Seller and shall be kept in a separate account without prejudice to Seller's rights to trace same if Buyer fails to keep such proceeds separate as aforesaid.(4) Buyer will, if Seller so requires assign to Seller free of charge Buyer's rights to unpaid resale proceeds of Seller's goods.(5) Pending delivery of goods owned by Seller pursuant to a resale authorised by this condition, Buyer shall store same on its property in such a way as to keep them clearly identified as being property of Seller and will take such care of them (including effecting all proper insurance) as a careful businessman would take of his own property.(6) Seller may while owner of goods (and without prejudice to any other rights it may have under or by virtue of contract) demand immediate return of goods at any time and Buyer shall forthwith comply with such demand and bear expense of such return: Seller will not exercise such right without giving 3 days' prior written notice unless Buyer fails to pay for goods in whole or in part on due or before due date any of events referred to in condition 14 below occurs.(7) If Buyer fails forthwith to return goods so demanded Seller may enter on Buyer's premises during normal business hours for purpose of removing goods (cost of doing which shall be borne by Buyer) or may sell or otherwise deal with goods.(8) Buyer hereby grants license to Seller and its successors in title to goods, their respective employees and agents to enter on to Buyer's premises for purpose of removing goods and where goods are on premises other than Buyer's own Buyer shall use its best endeavours to procure such licence from appropriate person Buyer will give any assistance required by Seller to Register Seller's right of entry and will pay reasonable costs and expenses incurred by Seller in effecting any such registration.(9) Foregoing rights of Seller are in addition to and not in lieu of any other rights it may have at common law or by statute including right to payment for goods and right to recover goods.
  1. Warranty of Seller
     (1) Each of Seller and Buyer shall be regarded as having received no representation made by or on behalf of other of them before contract was entered into which in any way induced it to enter into contract, but this shall not apply to any representation recorded in quotation or order or acknowledgement of it.(2) Seller warrants that it has right to sell goods and that goods are free from any charge or encumbrance unknown to Buyer.(3) Buyer shall be entitled to benefit of any warranty or guarantee relating to goods given by manufacturer to Seller in so far as such warranty or guarantee may be assigned by Seller to Buyer.(4) In respect of the goods supplied the Seller gives to the Buyer a 24 month warranty on the terms set out in the Seller's catalogue. The Seller shall at its option credit the account of the buyer or replace without charge to the Buyer all goods which at the time of delivery are defective but only if the Buyer obtains a "return of material authorisation" number from the Seller and has such number displayed in plain view on the shipping documents and the Buyer returns such goods within 30 days from the date of delivery in original packaging and in good condition without their serial number or any part thereof altered, defaced or removed to the Seller's premises accompanied by a specification in writing of the defects involved. The Buyer shall notify Seller in each instance when Buyer intends to return goods which the Buyer believes are defective and Seller shall be entitled to examine such goods at Buyer's premises prior to their return. Final inspection and determination whether goods are defective shall be made at the Seller's premises or may be based upon the manufacturer's actual test report. The Seller's sole liability in respect of this warranty shall be as provided herein which shall be the sole and exclusive remedy of the Buyer.

Limitation of Seller's Liability

  1. Limitation of Seller's Liability
     (1) Except as provided in these general conditions or otherwise agreed by Seller in writing and except where death or personal injury has been caused by Seller's negligence no warranty, condition, representation, undertaking or obligation express or implied imposed by statute, common law, custom, course of dealing or otherwise on part of Seller shall apply in respect of goods.(2) Where goods or any part thereof are supplied designed or manufactured other than by the Seller, the Seller's obligations to Buyer shall not exceed those owed to Seller by relevant supplier designer or manufacturer.(3) Buyer shall in no circumstances, save for death or personal injury caused by Seller's negligence, be entitled to recover from Seller damages for breach of contract of which these general conditions form part for negligence or otherwise arising exceeding price of goods paid by Buyer under such contract.(4) Where Buyer is a consumer (within meaning of Unfair Contract Terms Act 1977) statutory rights or Buyer are not affected in any way by these general conditions.

Warranty  of seller

10. Warranty of Seller
 (1) Each of Seller and Buyer shall be regarded as having received no representation made by or on behalf of other of them before contract was entered into which in any way induced it to enter into contract, but this shall not apply to any representation recorded in quotation or order or acknowledgement of it.(2) Seller warrants that it has right to sell goods and that goods are free from any charge or encumbrance unknown to Buyer.(3) Buyer shall be entitled to benefit of any warranty or guarantee relating to goods given by manufacturer to Seller in so far as such warranty or guarantee may be assigned by Seller to Buyer.(4) In respect of the goods supplied the Seller gives to the Buyer a 24 month warranty on the terms set out in the Seller's catalogue. The Seller shall at its option credit the account of the buyer or replace without charge to the Buyer all goods which at the time of delivery are defective but only if the Buyer obtains a "return of material authorisation" number from the Seller and has such number displayed in plain view on the shipping documents and the Buyer returns such goods within 30 days from the date of delivery in original packaging and in good condition without their serial number or any part thereof altered, defaced or removed to the Seller's premises accompanied by a specification in writing of the defects involved. The Buyer shall notify Seller in each instance when Buyer intends to return goods which the Buyer believes are defective and Seller shall be entitled to examine such goods at Buyer's premises prior to their return. Final inspection and determination whether goods are defective shall be made at the Seller's premises or may be based upon the manufacturer's actual test report. The Seller's sole liability in respect of this warranty shall be as provided herein which shall be the sole and exclusive remedy of the Buyer.

Limitation of Seller's Liability

  1. Limitation of Seller's Liability
    (1) Except as provided in these general conditions or otherwise agreed by Seller in writing and except where death or personal injury has been caused by Seller's negligence no warranty, condition, representation, undertaking or obligation express or implied imposed by statute, common law, custom, course of dealing or otherwise on part of Seller shall apply in respect of goods.(2) Where goods or any part thereof are supplied designed or manufactured other than by the Seller, the Seller's obligations to Buyer shall not exceed those owed to Seller by relevant supplier designer or manufacturer.(3) Buyer shall in no circumstances, save for death or personal injury caused by Seller's negligence, be entitled to recover from Seller damages for breach of contract of which these general conditions form part for negligence or otherwise arising exceeding price of goods paid by Buyer under such contract.(4) Where Buyer is a consumer (within meaning of Unfair Contract Terms Act 1977) statutory rights or Buyer are not affected in any way by these general conditions.
  1. Indemnity by Buyer
    Buyer undertakes to indemnify Seller against all claims relating to or arising from goods sold to Buyer by Seller in respect of any loss, damage or expenses sustained by any third party howsoever caused save for death or personal injury caused by Seller's negligence.

Trademarks

  1. Trademarks, Patents and other Industrial Rights
    (1) Buyer shall have no right to apply to goods any trademark owned or used by Seller.(2) If any claim is made against Buyer alleging that goods infringe any patent rights, registered designs, copyright or other industrial property rights of another then.(i) Buyer shall forthwith notify Seller with full particulars, and(ii) Seller or its suppliers or licensors (as case may be) shall be at liberty at their expense to conduct all negotiations and/or litigation in respect thereof and (if necessary) in name of Buyer and if as a result of such negotiations or litigation Buyers shall be unable to use goods substantially for purpose for which they were bought Seller shall (except where condition 13 (3) applies) take them back and refund price thereof to Buyer and such refund shall be in full satisfaction of all claims by Buyer against Seller.(3) Buyer shall indemnify Seller against all actions costs (including cost of defending legal proceedings) expenses claims proceedings and demands in respect of any infringement or alleged infringement by Seller of patent rights registered design copyright or other industrial rights attributable to Seller complying with any special instructions from or requirements of Buyer relating to goods.

General conditions

Freecom is a trade only manufacturer. However, if you are an home user or a corporate business user and have an interest in our products, please order on this website. We are more than pleased to deliver (within Europe) your selected products via a Freecom reseller in your locality. Freecom provides access to product and pricing information on an international basis as a result of making such information available on the World Wide Web. Such information may contain references or cross references to products, prices, promotions and services that are not announced or available in your country. Such reference does not imply that Freecom intends to announce or make available such products, promotions or services, under such prices in your country. Any product, pricing may not apply in your geographic region. Please check with your reseller regarding product availability, pricing and promotions and the availability therof in your geographic area. General conditions of sale,Freecom Europe and Freecom Technologies.