We advise all our Buyers to read our Terms & Conditions before placing any order. 1 DEFINITION
In this document the following words shall have the following meanings:
1;1 “Buyer” means the organisation or person who buys Goods from us;
1;2 “Product” means the article to be supplied to the Buyer by the Seller.
1;3 Price” means the list of prices of our products maintained by the Seller as amended from time to time;
My-Oradent’ Terms and Conditions shall apply to all contracts for the sale of My-Oradent us to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3. PRICE AND PAYMENT
3.1 The price shall be that in our current Price List, or such other price as the parties may agree in writing. The price is exclusive of VAT or any other applicable costs.
3.2 Payment of the price and VAT and any other applicable costs shall be due within 10 days of the date of receipt of the invoice supplied by us or otherwise as agreed in T&C’s of Seller’s supply agreement with Buyer.
3.3 The Seller shall be entitled to charge 10% per day on overdue invoices from the date when payment becomes due.
3.4 If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to the following;
A; require payment in advance of delivery in relation to any Goods not previously delivered;
B; refuse to make delivery of any undelivered Product whether ordered under the contract.
C; terminate the contract.
Where a sample of the PRODUCT is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the bulk, and not so as to constitute a sale by sample.
5.1 Unless otherwise agreed in writing, delivery of the product shall take place at the address specified by the Buyer on the date specified by us.
5.2 The date of delivery specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the contract.
5.3 If the Buyer is unable to take delivery of the Goods for reasons beyond its control, then the Seller shall be entitled to place the Product in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
6. RETURN AND WARRANTY OF OUR PRODUCTS
6.1 Where the Product has been delivered by us and is found to be defective, we shall replace that without any extra cost within next available time slot , subject to the following
A; the Buyer notifying us in writing/e-mailing immediately (within 24 hours) upon the defect becoming apparent;
B; the defect being due to the faulty design, materials or workmanship from us.
C; Any Product to be replaced shall be returned to the Principal Seller.
7.1 No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
7.2 the correspondence of the Product with any description;
7.3 the quality of the Product; or
7.4 the fitness of the Product for any purpose whatsoever.
7.5 No liability of any nature shall be accepted by us to the Buyer in respect of any express term of this contract where such term relates in any way to:
7.6 the correspondence of the Product with any description;
7.7 the quality of the Product; or
7.8 the fitness of the Product for any purpose whatsoever.
7.9 No liability of any nature shall be incurred or accepted by us where the goods have been modified in anyway by the buyer or his agent.
7.10 All implied terms, conditions or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to the Seller or not) are hereby excluded from the contract.
8. FORCE MAJEURE
Since we import our product, we shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, severe weather, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and we shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as we considers unreasonable, it may, without liability on its part, terminate the contract.
9. ASSIGNMENT AND SUB-CONTRACTING
The contract between the Buyer and Seller for the sale of Product shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior to our written consent
10 . CANCELLATION OF AN ORDER
Since we import our product, we advise our buyers that the Order Cancelling Procedure must be complied throughly within laid out time scale.
10.1 Should Buyer need to cancel the placed order, the buyer must either in writting or through E-Mail inform us within 3 working days from the date of placing order.
10.2 For example order placed on Monday the 5th of June, the last day of cancelling order will be the Friday of 8th June by 5pm through our e-mail address.
10.3 Buyer must attain from us a Cancellation Ref No for their record and as for the confirmation of the cancellation order.
10.4 Failing to do so, under any circumstances, the buyer will be liable to make the full payment of cancelled order
10.5 In any case non-compliance of the cancelation procedure any paid advance deposit shall not be refundable
12. HOW TO PLACE AN ORDER
Please contact us through our e-mail address: email@example.com. Minimum Order one of 144 pcs plus £8.00 standard delivery. On receipt of your request our Sales Dept will be in touch with you to take your order. All orders are subject to Order Confirmation Code.
13. Method of Payments
We emphasize all payments must be paid, within 10 working days from the day of receiving the delivery, into company’s account. We shall let you know company’s account details through our invoice/bill
Since we are the manufacturer and the importer we only manufacture our product as required by our buyer. Any order exceeding the amount of £1000.00 in value is subjuct to the advance deposit of 17% of the total cost of the order. This is to secure both parties’ interest and commitment