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Business to Business Terms & Conditions of Sale

Thefaxshop.co.uk is a trading name of Commercial Business Equipment Ltd herein after refered to as thefaxshop.

All orders for goods accepted by thefaxshop are accepted subject to the following conditions which shall form part of and govern the contract of sale. Acceptance of goods shall be deemed to be acceptance of these conditions of sale. Any term sought to be imposed by a purchaser either in a document or otherwise that conflicts with or adds to these conditions is not accepted. No agent or representative of thefaxshop has authority to vary these conditions unless accepted in writing by a director of thefaxshop.
1. Payment and Price
(a) Unless account facilities have been arranged prior, all purchases will be transacted by Credit or Debit Card. Goods will not be released until such credit card payment has been accepted. Price Lists do not constitute an offer.
(b) Where credit arrangements have been granted all invoices are due for payment within 30 days of the date shown on the invoice. Payment is to be made in sterling.
(c) All overdue accounts will be charged, on a daily basis, commercial interest at 5% above the current base rate of the Royal Bank of Scotland plc.
2. Availability of Goods
Thefaxshop will use its best endeavours to comply with the date given for despatch or delivery which given and intended as estimate only and is not to be the essence of the contract. If owing to non-availability of the goods or any other causes beyond thefaxshop's control, thefaxshop shall be unable to effect delivery hereunder it shall be at liberty to determine the contract or part thereof by giving notice in writing to the purchaser. No liability will be accepted by thefaxshop for late deliveries.
3. Property and Risk
For so long as any amounts remain owing from the purchaser to thefaxshop (whether immediately due or not) title to the property of the goods shall remain in thefaxshop and ownership will not pass to the purchaser until thefaxshop has received payment in full.
4. Design VariationWhilst thefaxshop makes every effort to ensure that goods supplied correspond to in every respect with the sample, specification or description provided as the case may be, thefaxshop is not responsible for the minor variations in specification, in colour or other design features, and no such minor variation shall entitle the purchaser to rescind the contract or shall be the subject of any claim against the vendor by the purchaser.
5. Claims
(a) No liability for any claim for damage or non-functionality shall be accepted unless thefaxshop is notified in writing by the purchaser within seven days of delivery.
(b) No liability for any claim for missing items such as manuals, etc. shall be accepted unless thefaxshop is notified in writing by the purchaser within seven days of delivery.
(c) No liability for any claim will be accepted in the case of goods differing in quantity or descriptions from the particulars given on the delivery note unless thefaxshop is notified in writing by the purchaser within seven days of delivery and the onus is on the purchaser to prove any shortage.
(d) In the case of active third-party on-site maintenance contracts, the purchaser accepts an obligation to use the services of the contracted third-party to resolve claims under clause 5(a).
(e) In the case of manufacturers who operate direct product support and returns procedures, the purchaser accepts an obligation to process their claim directly through the manufacturer.
6. Guarantee(a) The purchaser shall, unless otherwise, in writing, be responsible for all carriage, telephone, postal and other incidental charges incurred during the guarantee period.
(b) Where a guarantee includes repair performed on the purchaser’s premises, commonly known as an ‘on-site maintenance’, this shall not apply outside the mainland of Great Britain. Purchasers whose premises are on outlying islands will instead receive return-to-base’ maintenance.
7. Delivery of Goods
All goods will be delivered by a Carrier between the hours of 9am to 5pm Monday to Friday. Orders placed during weekends or public holidays will be despatched on the first following working day. It is is a condition of supply that someone is available at the delivery address specified to sign for the receipt of the goods. Two attempts will be made to deliver the goods following which they will be returned to ourselves. If we fail to deliver in this way the total cost (approx £17.95 + Vat) wil be deducted from any credit raised.
8. Returned Goods
(a) Over ordered or goods no longer required will not be accepted for return.
(b) By opening the manufacturers packaging the purchaser is accepting that the goods ordered are suitable for the purpose they have been purchased for. If you are unsure DO NOT OPEN THE PACKAGING and arrange to return the goods.
(c) Thefaxshop will not accept goods for credit or rectification unless such return has been authorised by thefaxshop in writing, and the goods are received by the thefaxshop unopened and in stock condition in its original packaging. Thefaxshop retains the right at its sole discretion whether to accept the return of the goods or whether to rectify the goods or whether to issue a credit note in respect thereof.
(d) The purchaser shall unless otherwise stated be responsible for the return of the goods and the cost of outward and return carriage and insurance of all goods returned by the purchaser to thefaxshop for service or credit. All returned goods shall be at the risk of the purchaser until actual receipt by thefaxshop. The onus of proof of safe delivery shall rest with the purchaser.
(e) All items returned to thefaxshop by prearrangement and found to contain no fault, will be subject to a 25% (minimum £36) restocking charge, providing the goods are in original stock condition.
(f) No credit shall be allowed for goods until they have been received complete.
9. Consequential Loss
The extent of thefaxshop's liability to the purchaser for any default or breach whatsoever and howsoever arising shall in no case exceed the invoice value of the goods and the vendor shall in no circumstances whatsoever be liable to the purchaser in respect of any loss or damage whether suffered by the purchaser or any customer of the purchaser and whether direct, indirect, consequential, or however else arising.
10. Law
(a) If any part of these terms and conditions shall be found to be unlawful it shall not affect the validity or enforceability of the remainder of theconditions.
(b) This contract is and shall be deemed to have been made in England and shall in all respects be governed by English Law.~~~1163~1165~~