ABOUT ZEBRA & OPTICON
Zebra Printers set the
standard for rugged, flexible printers and innovative
products. High Performance, Industrial, Commercial, Desktop
and Mobile - Zebra have a printer to suit every labelling
job.
Opticon
Since establishment in
1976, OPTOELECTRONICS Co., Ltd has become a top-level
company in their chosen field through the development of
technologies and manufacturing processes within the global
Automatic Identification market.
BARCODEPRINTERSTORE.CO.UK TERMS AND CONDITIONS OF SALE
Orders shall be accepted only upon and subject to the
Company’s current Terms and Conditions of Sale as detailed below. These
Terms and Conditions of Sale shall prevail over any terms or conditions
that the Buyer may seek to apply under any communication or document.
Your existing statutory rights are not affected by these conditions.
1
Definitions
1.1
"Seller" means TCS Nexus Limited trading as
barcodeprinterstore.co.uk
1.2
"Company" means TCS Nexus Limited trading as
barcodeprinterstore.co.uk
1.3
"Buyer" means the person or company from whom the
Company accepts orders.
1.4
"Products" or “Goods” means any item supplied by the
Company to the Buyer.
1.5
"Order" shall mean an order placed with the Company
specifying Products required by the Buyer.
1.6
"Price" shall mean the price of the products together
with all VAT or any other tax required by law and any interest due. All
orders are accepted on the condition that the prices of the Products
shall be those in force at the time of order acceptance except in the
case of a specific quote raised by the Company in which case the quoted
Price is valid and firm for 30 days from the date of quotation.
1.7
"Writing" includes all communications by mail, by Fax
or by email.
2
General Conditions
2.1
Until despatch of goods by the seller of goods to the
buyer or the buyer's acceptance in writing of any quotation of the
seller (whichever shall first occur) no contract for the sale of goods
shall arise.
2.2
The seller shall be at liberty to correct without any
liability on the seller's part and without prior notification any error
or omission in any website, sales literature, price list, offer
acceptance, quotation, invoice, or any other document issued by the
seller.
2.3
On the buyer accepting delivery of the goods such
acceptance shall be deemed as acceptance of these conditions
3
Prices
3.1
The price for
the goods shall be that on the seller's current price list as listed on
the seller’s website unless otherwise agreed in writing by the seller.
3.2
All prices are
exclusive of VAT and delivery charges. Any additional charges for
delivery will be as detailed on the seller’s website
and/or on the order confirmation.
4
Payment
4.1
The seller will grant credit accounts to customers
subject to approved credit references.
4.2
Non-credit account buyers must make payment in full of
any invoice before despatch of goods.
4.3
Payment may be made by cash, cheque, credit or debit
card.
4.4
Buyers with credit accounts must make payment in full
on the terms of credit agreed which shall not be more than 30 days from
the date of invoice unless otherwise agreed in writing by the seller.
5
Interest on Overdue Invoices
5.1
If any invoice shall become overdue for payment
interest shall be payable at 3% per annum above National Westminster
Bank plc base rate from the date the payment became due under the
invoice until the date of payment.
5.2
Buyer is not entitled to withhold payment of any
invoices or to make any deductions from invoices on account of any claim
against the Company.
6
Delivery
of Goods
6.1
The seller will take all reasonable steps to keep to
any estimated delivery date but time shall not be of the essence.
The seller shall not be liable for any losses whatsoever arising
directly or indirectly out of any failure to meet an estimated delivery
date due to causes beyond it’s reasonable control.
The seller reserves the right to make delivery in advance of the
quoted delivery date on giving reasonable notice to the buyer.
6.2
Unless otherwise agreed in writing deliveries may take
place at the buyer's premises up until 6.00 p.m. on the date of
delivery. In the event of
the buyer not being able to accept delivery the first attempt at
delivery is to be considered as the delivery date for the purpose of
invoicing.
6.3
The seller shall make delivery of the goods to the
buyer's address and the buyer shall make arrangements to take delivery
of the goods at that address upon the same being tended for delivery.
6.4
The method of despatch of all goods shall be at the
seller's absolute discretion. The Buyer will advise the seller, by
e-mail or Fax, within 48 hours of the time of receipt of the goods of
any damage to Products received or any other discrepancy between
Products ordered and Products received.
7
Ownership and Risk
7.1
Upon delivery
of the goods to the buyer, or any agent or carrier acting on behalf of
the Buyer, or upon the goods being retained at the seller's premises at
the buyer's request the risk in the goods shall pass to the buyer.
7.2
Title to the good shall remain vested in the seller
until the invoice for the goods has been paid in full.
7.3
Whilst the purchase price for any goods delivered to
the buyer shall remain overdue for payment either wholly or in part the
seller may be entitled to recover and/or resell the goods. The seller or
the seller’s agents may enter the buyer's premises to recover the goods
and shall be entitled to recover from the buyer any costs incurred in
recovering the goods.
8
Product Warranty
8.1
The Company warrants that Products shall be free from
defects in materials or workmanship. The warranty period shall be that
specified by the manufacturer and shall commence on the date of despatch
of Products to the Buyer.
8.2
In the event of any established warranty breach the
Company will arrange for repair or replacement, in line with the
manufacturer’s provisions. Buyer shall be liable for the delivery
charges incurred in returning the defective Products to Company, or to
any other address as required by the terms of the manufacturer’s
warranty. The Buyer shall not be liable for the costs of the repair or
the replacement of the Products or the delivery charges of the repaired
or replacement Products to the Buyer.
8.3
The seller shall not be liable for any defect arising
from fair wear and tear, wilful damage, neglect, failure to follow
manufacturer's instructions, abnormal usage or abuse or alteration or
repair without the seller's written approval.
8.4
The seller's warranty shall not come into force unless
the invoice for the goods was paid in full by the due date.
8.5
Any liability of the seller in connection with claims
made under the warranty shall not exceed the price of the goods.
8.6
The Buyer acknowledges that Company offers no specific
warranties in respect of fitness for any particular purpose of the
Products and that any such warranties are hereby expressly excluded and
Company shall not (except as set out above) be under any liability
whatsoever in respect of defects in Products delivered or for any
injury, damage or loss resulting from such defects from any cause
whatsoever.
8.7
10.6 Buyer shall have no claim for loss of profits or
contracts or consequential loss that may be suffered by Buyer or any
third party arising out of such breach of warranty.
9
Force Majeure
9.1
The seller shall not be liable or be breach of contract
or warranty by reason of any delay in performing or failure to perform
any of the seller's obligations if such delay or failure was due to any
cause beyond the seller's reasonable control.
10
Cancellations
/ Return of Non-Defective Goods
10.1
No contract may be cancelled once the seller accepts
it, however refunds may occasionally be offered at
the discretion of the seller. Non-defective goods may not be returned without the prior agreement
of the seller in writing.
10.2
In the event that the seller agrees to accept the
return of non-defective goods the following conditions will apply: -
10.3
The buyer must obtain goods return number (RMA) from
the seller that must be clearly indicated on each package returned. The
goods must be returned in the manufacturer's original packaging in
unopened condition complete with any accessories, manuals and any other
documentation. Software packages must be unopened and have any seal in
tact. Any returned goods not complying with these conditions will be
rejected. The seller will indicate the correct return address when
issuing the RMA and the buyer must return goods to the nominated address
in order to comply with the seller’s procedures for non-defective
returns.
10.4
If in the opinion of the seller any damage has been
caused to the goods during the return of the goods from the buyer then
the buyer will remain liable for the full cost of the goods. Or, at the
seller’s discretion, the buyer will be responsible for the cost of
repairing such damage.
10.5
If the seller accepts the return of non-defective goods
the seller reserves the right to make a restocking charge of 25% of the
original sale value of the goods.
11
Defective
Goods
11.1
In the event that any claim is accepted by the seller
based on the goods delivered under the contract being defective
according to these Terms & Conditions then the buyer must obtain a goods
return number (RMA) from the seller. The RMA number must be clearly
indicated on each package returned. The seller shall at their discretion
be entitled to replace the goods free of charge or refund the buyer the
full price of the goods and the seller shall have no further liability
to the buyer.