Goods – the documents which the Buyer agrees to buy from the Seller.
Buyer – the person or business who buys or agrees to buy the goods from the Seller.
Conditions – the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Price – the price for the Goods, excluding VAT and any carriage, packaging and insurance costs.
Seller – means Jeremy Kitchin Practice M & A Limited T/A APMA of Main Street, Farnsfield, Newark, Notts, NG22 8EA.
2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 These Conditions may not be varied except by the written agreement of a Director of the Seller.2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
- PriceThe Price shall be the price quoted on the Seller’s website. The Price is exclusive of VAT which shall be due at the rate in force on the date of the Seller’s invoice.
- Payment and Interest
4.1 Payment of the Price and VAT shall be due immediately or as the date of the Seller’s invoice.
4.2 Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of 8% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgement.
4.3 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.
- GoodsThe quantity and description of the Goods shall be as set out in the Seller’s confirmation of order.
- WarrantiesThe Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order.
- Delivery of the Goods
7.1 Delivery of the Goods shall be made to the Buyer’s registered email address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
7.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
7.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.
7.4 The Buyer undertakes to download the Goods within 24 hours of receiving the download ID which will be issued to the Buyer’s registered email address once only.
- Acceptance of the Goods
8.1 The Buyer shall be deemed to have accepted the Goods after delivery of the download ID to the Buyer.
8.2 The Buyer shall carry out a thorough inspection of the Goods within 48 hours of delivery and shall give written notification to the Seller within 5 working days of delivery of the Goods if for any reason the Goods are not fit for purpose.
8.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
- Title and risk
9.1 Risk shall pass on delivery of the Goods to the Buyer’s registered email address.
9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
WARNING: A BUYER SHOULD CONSULT A SOLICITOR BEFORE ENTERING INTO ANY LEGALLY BINDING AGREEMENT