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1. Formation Of Contract
These items and conditions shall be the sole terms and conditions of any sale of goods by Aapex IT Machines and conditions on a customer’s order form or similar document shall not be binding on Aapex IT. These conditions shall not be varied, waived or added to without the written agreement of Aapex IT.
2. Orders And Delivery
Orders are accepted by Aapex IT subject to availability of goods for delivery. Aapex IT will use all reasonable efforts to meet delivery dates but it shall not be liable for any consequential loss if it is delayed or prevented from delivering the goods. Completion of the order shall be deemed to have taken place upon transfer of the goods to the buyer’s premises or to the buyer’s named carrier. The risk in the goods shall pass to the buyer upon delivery.
3. Price Variation
The price payable for the goods shall be as stated in the order confirmation. Aapex IT reserves the right to amend the price prior to delivery to meet any rise or fall in costs beyond its control.
4. Value Added Tax
Aapex IT shall be entitled to charge the amount of any value Added Tax payable whether or not included on a quotation, price list or invoice.
Unless Aapex IT has agreed to credit terms in the case of any particular customer or payment has been made in advance payment shall become due when the goods are delivered.
6. Account Customers
In the case of agreed credit customers of Aapex IT payment shall be made by the customer no later than 30 calendar days from the date of invoice. If payment is not made when due Aapex IT may charge interest at a rate of 2.5% per month on the balance outstanding until payment is made in full and Aapex IT may refuse to make any further delivery of goods.
Aapex IT shall retain title to the goods until it has received payment in full. The buyer shall store and maintain records of goods owned by Aapex IT so that they may be identified as the property of Aapex IT. In the event of the inability of the buyer to pay for the goods for whatever reason Aapex IT reserves the right to enter any premises where its goods are stored and to repossess and dispose of any goods owned by Aapex IT.
Aapex IT warrants that the goods will be free from defects in materials and workmanship for a period of three months from the date of delivery (this will not include YLOD and RROD repairs on game consoles which have a 30 day warranty) and Aapex IT will replace any goods which are found to be defective if the buyer makes a full inspection immediately upon delivery immediately informs Aapex IT of any defects it discovers within the three month period and if the goods have been used according to the recommended instructions of Aapex IT.
Aapex IT shall not be liable for any direct or indirect loss to the customer arising from third party claims occasioned by the delay in delivery or any other circumstances and shall not be liable to pay any more than the invoice value of the goods in respect of a claim brought by the customer against Aapex IT for loss, compensation or damage.
10. Cancellation Of Orders
Aapex IT shall be entitled to withhold delivery or cancel any order if the customer fails to pay any sum owing on the due date for payment on any other order in such event the customer shall be liable for not only the goods delivered but also for any additional costs suffered as a result of withholding delivery or canceling an order.
11. Force Majeure
Aapex IT shall not be liable for any breach of these terms or failure to deliver by reason of any of the following act of God, War, Riots, Strike, Lockout or other labour dispute, Fire, Flood, Drought, Legislation or any other cause beyond the control of Aapex IT.
12. Law And Jurisdiction
The construction, validity and performance of the contact for the supply of goods is governed by the laws of England and the parties accept the jurisdiction of the English courts.
13. Abandoned Equipment
Equipment left longer than 6 Months will be sold or disposed of.
Telephone calls may be recorded for Security purposes and may be monitored under Aapex IT quality control Procedures
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