Becktech Vending 2017 - page 77

Water Filters
Boost Box
Spare Parts
Spare Parts by
Terms of
Terms of Business
1. Interpretation
1.1 In these conditions: ‘Buyer’ means the person who
accepts a quotation of the Seller for the sale of the Goods or
the performance of the Services or whose order for the Goods
or the Services is accepted by the Seller;
‘Goods’ means the goods (including any instalment of the
goods or any parts for them) which the Seller is to supply
in accordance with these Conditions and (where the context
permits) any goods on which any Services are to be performed;
‘Services’ means the services which the Seller is to supply in
accordance with these Conditions;
‘Seller’ means BECKTECH Ltd., Terminus Road, Chichester,
West Sussex, PO19 8DW.
‘Conditions’ means the standard terms and conditions of
business set out in this document and (unless the context
otherwise requires) includes any special terms and conditions
agreed in writing between the Buyer and the Seller;
‘Contract’ means the contract for the purchase and sale of the
Goods and/or the performance of the Services.
1.2 Any reference in these Conditions to any provision of a
statute shall be construed as a reference to that provision as
amended, re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only
and shall not affect their interpretation.
2. Basis of the Contract
The Seller shall sell and the Buyer shall purchase the Goods,
or as the case may be, the Seller shall perform the Services
in accordance with any written quotation of the Seller which
is accepted by the Buyer, or any written order of the Buyer
which is accepted by the Seller, subject in either case to these
Conditions, which shall govern the Contract to the exclusion
of any other terms and conditions subject to which any such
quotation is accepted or purported to be accepted, or any
such order is made or purported to be made by the Buyer.
2.2 No variation to these Conditions shall be binding unless
agreed in writing between the authorised representatives of
the Buyer and the Seller.
2.3 The Seller’s employees or agents are not authorised to
make any representations concerning the Goods or the
Services unless confirmed by the Seller in writing. In entering
into the Contract the Buyer acknowledges that it does
not rely on, and waives any claim for breach of, any such
representations which are not so confirmed.
2.4 Any advice or recommendation given by the Seller or
its employees or agents to the Buyer or its employees or
agents as to the application to use of the Goods which is not
confirmed in writing by the Seller is followed or acted upon
entirely at the Buyer’s own risk, and accordingly the Seller
shall not be liable for any such advice or recommendations
which is not so confirmed.
2.5 Any typographical, clerical or other error or omission in
any sales literature, quotation, price list, acceptance of offer,
invoice or other document or information issued by the Seller
shall be subject to correction without any liability on the part
of the Seller.
3. Orders and Specifications
3.1 No order requested by the Buyer shall be deemed to be
accepted by the Seller unless and until confirmed in writing by
the submission of the Buyer’s official order.
3.2The Buyer shall be responsible to the Seller for ensuring the
accuracy of the terms of any order (including any applicable
specification) submitted by the Buyer, and for giving the
Seller any necessary information within a sufficient time to
enable the Seller to perform the Contract in accordance with
its terms.
3.3 The quantity, quality and description of and any
specification for the Goods or Services shall be those in the
Seller’s quotation (if accepted by the Buyer) or the Buyer’s
order (if accepted by the Seller).
3.4 The seller reserves the right to make any changes in the
specification of the Goods which are required to conform
with any applicable safety or other statutory requirements
or, where the Goods are to be supplied to the Seller’s
specification, which do not materially affect their quality or
3.5 No order which has been accepted by the Seller may be
cancelled by the Buyer except with the agreement in writing
of the Seller and on terms that the Buyer shall indemnify the
Seller in full against all loss (including loss of profit), costs
(including the cost of all the labour and materials used),
damages, charges and expenses incurred by the Seller as
a result of cancellation. Unless specifically agreed with the
Buyer, any attempted alteration by the Buyer to the date of
delivery must be made at least 4 weeks prior to the delivery
date specified in the Buyer’s original order, the Seller shall be
entitled to treat any period of notice of alteration to delivery
date of less that 4 weeks as cancellation of the order by the
4. Price.
4.1 The price of the Goods and/or for the performance of the
Services shall be the Seller’s quoted price or, where no price
has been quoted (or the quoted price is no longer valid), the
price listed in the Seller’s published price list current at the
date of acceptance of the order. All prices quoted are valid
for 30 days only, or until earlier acceptance by the Buyer, after
which time they may be altered by the Seller without giving
notice to the Buyer.
4.2 The Seller reserves the right, by giving notice to the Buyer
at any time before delivery, to increase the price of the Goods
or the Services to reflect any increase in the cost to the Seller
which is due to any factor beyond the control of the Seller
(such as, without limitation, any foreign exchange fluctuation,
currency regulations, alteration of duties, significant increase
in the costs of labour,materials or other costs of manufacture),
any change in delivery dates, quantities or specifications for
the Goods or the Services which is requested by the Buyer,
or any delay caused by any instructions of the Buyer or
failure of the Buyer to give the Seller adequate information
or instructions.
4.3 Except as otherwise stated under the terms of any
quotation or in any price list of the Seller, and unless
otherwise agreed in writing between the Buyer and the Seller,
Terms of Business
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