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• General |
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In these terms and conditions of sale “the seller” and “the company” means Hemini
PLC and its trading divisions. “The customer” or “buyer” means the Business Customer
to whom the company agrees to supply goods. “Products” means any equipment or services
supplied by the company. These terms and conditions shall apply to all contracts
entered into between the company and the customer unless agreed to the contrary
in writing by a director of the company.
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• Incorporation of Conditions |
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 (A) Hemini
PLC will be under no liability for any Order received until the Order is accepted
by the company in writing.
(B) The
terms and conditions herein contained shall apply to the Contract and any offer,
order, acceptance, sales and/or delivery or any conduct in confirmation of any transcription
will be subjected to these terms and conditions which are the only basis upon which
Hemini PLC does business and shell prevail notwithstanding any printed or other
conditions referred to in any purchase order or other document prepared by or on
behalf of the buyer.
(C) No
other agreement, representation, promise, undertaking or understanding of any kind
unless specifically confirmed in writing by a director of Hemini PLC shall add to
vary or waive any of these terms and conditions in whole or in part.
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•Seller's rights |
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(A) To withdraw
or cancel quotation at any time without liability in respect of such cancellation
for any loss to the buyer including consequential loss however arising
(B) To
refuse or delay the supply where the customers credit or conduct of his account
is unsatisfactory;
(C) To
modify designs and specifications for products without prior notification and withdraw
products replacing them with items of the equivalent specification.
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•Prices |
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Notwithstanding any price specified in the order acceptance the price of the products
shall be that applicable on the date of delivery. The seller will endeavour to maintain
prices quoted but the seller reserves the right to increase quoted prices at any
time to take the account of increase in costs including (without limitation) costs
of labour, materials or other overheads.
(I) Taxes (excluding VAT), insurance and delivery (excluding VAT) are not included
in the pricing.
(II) Credit and Debit cards are subject to a surcharge applicable at the time of
order, which can be up to 5%.
(III) Any special packing or alternation to the order required by the buyer is not
included in the pricing.
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•Payment |
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(A) Hemini
PLC’s terms of payment are strictly payment on delivery of the products or performance
of the supply of services without deduction unless the invoice states otherwise.
(B) Hemini
PLC shall be entitled to interest on invoice sums outstanding for more than 14 days
from the date of invoice at the rate of 2% per month from the date payment of invoice
to the date payment is received by Hemini PLC.
(C) Failure
by the buyer to the pay in accordance with the provisions of this clause entitles
the seller, without prejudice to its rights to damages, to suspend any outstanding
delivery or to cancel the contract.
(D) Unless
the buyer has an account with Hemini PLC all invoices are payable before shipment
of the goods or against pro-forma invoice, whichever is earlier.
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•Delivery |
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(A) All dates and times quoted for deliveries/services
are estimates only. The company will use best endeavours to despatch goods/services by the date agreed with the buyer. However,
the company does not accept liability for failure to deliver within the stated time. Delays can be caused by circumstances
beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. The company will
not be held responsible for any delay in meeting delivery dates and this will not give rise to a right to cancel the order,
refund or any form of compensation. Any variation to this will have to be obtained by the buyer in writing from the company.
(B) Offers
for goods ex-stock are subject to the goods being unsold at the time of the customer’s
order or resolution of technical details whichever is the later.
(C) Unless
specifically included in the quotation, prices do not include delivery and any delivery
costs incurred by Hemini PLC will be passed on to the customer.
(D) The
buyer shall examine the products on arrival and notify Hemini PLC by facimile transmission
or by registered post within 1 working days of delivery or any damage or short delivery
of the products specified in the order. If the company does not receive such notice,
the delivery shall be deemed accepted by the customer from there on. |
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•Returns/refunds |
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(A) Hemini
PLC reserves the right to levy an administration charge in respect of the rotation
of products and returns.
(B) Returns
must be made subject to the following:
(I) Within 7 days of the date of received purchase (IV) The product must be in saleable
condition
(II) The product must be accompanied by a detailed packing list (V) The product
is covered by warranty (see warranty)
(III) The product must be with original material
(IV) Customer agrees to Hemini PLC's Terms and Conditions and any Surcharge applicable
for a Credit card transaction. Customer also agrees that the order is accepted as
a non-cancellable / refundable order.
(C) Hemini
PLC reserves the right to reject any products returned which do not comply with
the conditions set out above.
(D) If
Hemini PLC nevertheless agrees to accept any products returned in a non-saleable
condition, Hemini PLC reserves the right to charge the cost to the customer of bringing
the products to a saleable condition.
(E) Deposits
paid by buyer to secure/reserve goods or services are non-refundable.
(F) Refunds
on any item are purely at the discretion of Hemini PLC.
(G) The
company will not be liable for the backup and security of software data as it is
ultimately the customers' responsibility.
(H) Goods
will not be accepted until a valid returns number is issued by HEMINI Plc.
(I) Goods
sent under warranty repair deemed faulty by customer and subsequently proved to
be in working order, HEMINI Plc will charge the customer for testing for this item.
(J) All
carriage charges will be incurred by the customer.
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•Warranty |
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(A) Hemini PLC will endeavour
to ensure that the buyer receives the benefit of any guarantee or warranty, which is provided as standard
to the seller by the manufacturer. Hemini does not offer the buyer anything over and above the standard manufacturer's
warranty and their strict guidelines will be applicable when dealing
with warranty issues. Any extension to this will be chargeable and quoted for separately.
(B) The buyer is responsible for adhering to the terms
of such guarantee
or warranty and ensuring that all conditions are fully complied with. Whenever peripherals and other 3rd party products are
added to a main system, the manufacturer may not cover the warranty as intended and we would advise the buyer to check this
prior to purchase.
(C)In cases where the manufacturer or supplier offers
no guarantee or warranty, or if any act of the seller has invalidated such guarantee, then the buyer shall be liable for all
repair/replacement costs incurred.
(D) The buyer must ensure that the products are serviced,
maintained and used properly in accordance with Hemini PLC’s and the manufacturer’s recommendations and are not fitted or used
with any parts, accessories or ancillary equipment other than those recommended by manufacturer or stated by the manufacturer
to be suitable.
(E)No attempt must be made by the buyer or any third party
to remedy any defect or to dismantle or otherwise tamper in any way with the products except in accordance with specific instruction,
direction and request of Hemini PLC or the manufacturer.
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•Cancellation of contract |
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A contract cannot be cancelled except with Hemini PLC’s consent and on terms and
which will indemnify Hemini PLC against all loss.
A minimum re-stocking fee of 20% will be levied to the order in the event an order
is to be cancelled.
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•Transfer of property |
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(A) Notwithstanding
delivery to the buyer, legal and beneficial ownership in the products shall remain
with Hemini PLC until the customer has paid the price and all other outstanding
amounts due or to become due to Hemini PLC in respect of this or any other business
transaction between the parties. Until such payment the buyer shall (1) take all
necessary measures for the protection of the products including maintaining adequate
insurance therefor and (2) not dispose of, whether by sale or otherwise, the product
or any part of them to any other party whatsoever.
(B) As
long as ownership and title in the products remains in Hemini PLC, Hemini PLC shall
have the right without prejudices to the obligation of the customer to have full
access to and to re-take possession of the product.
(C) If
any of the events referred to below happen, notice thereof is to be given immediately
to Hemini PLC by the customer. Furthermore, all products, which are the property
of HEMINI PLC pursuant to the provision of the Clause above and are in the possession
of the customer, shall be delivered immediately to Hemini PLC. Without prejudices
to the customers duty to make delivery as aforesaid, Hemini PLC upon receiving notice
from whatsoever source of the happening of any one of the said events, shall also
have the right during normal business hours to enter upon said land or buildings
of the customer to take possession of Hemini PLC’s products. The events referred
to above are:
(I) Any notice to the customer that a receiver or manager is to be or has been appointed;
(II) Any notice to the customer that a petition to wind-up the customer to be or
has been present or any notice of a resolution to wind up the the customer;
(III) A decision by the customer that the customer intends to make an arrangement
with its creditors.
(D) The
customer shall not create or allow to be created any right in the product in favor
of any third party. If the customer breaches any of the provisions of the sub-paragraph
the value and the outstanding amounts on the order shall immediately and notwithstanding
any contractual term to the contrary become payable.
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•Title and risk |
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(A) Risk
in the products shall pass to the customer at the time of delivery or collection
by the customer or its agent whichever is earlier.
(B) Title
to the products shall remain vested in the company (not withstanding the passing
of possession and risk to the customer) until the price and all other money due
to from the customer to Hemini PLC on any other account has been paid in full.
(C) Until
the products passes to the customer, the customer shall hold the same in its fiduciary
capacity as bailee for Hemini PLC and shall keep the products separate from that
of the customer and third parities and ensure that the products are at all time
identifiable as the company’s property; and the retake possession of the goods at
any time. For that purpose the customer agrees that the company or its servants
and agents may enter upon any land of premises occupied or used by the customer. |
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