Terms and Conditions
For USA Terms and Conditions Click here
For UK and all other countries see below:
PRODUCTS
(1) Nineteen Seventy Three Limited (“us”/”we”/”our”) shall sell and the party named on the Order Form (“Order Form “) to which these terms and conditions (“Terms”) relate (“you”) shall purchase, the products (“Products”) set out in the Order Form, in the quantity and at the price set out in the Order Form (which shall be an “Order”)
(2) You may not amend or cancel an order for Products after it has been made.
(3) We shall use commercially reasonable efforts to ensure that the Products are properly packed in accordance with all generally accepted industry standards and secured in such manner as to enable them to reach their destination in good condition.
(4) We shall use commercially reasonable efforts to ensure that all Products supplied to you by us under this agreement shall (i) conform to any pre-agreed specifications; (ii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended) and fit for any purpose held out by us or made known to us by you; (iii) be free from defects in design, material and workmanship and remain so for 12 months after delivery; and (iv) comply with all applicable statutory and regulatory requirements.
DELIVERY
(5) We shall endeavour to deliver the Products by the date and to the address as set out in the Order Form, during usual business hours unless agreed otherwise in writing. Delivery of an Order shall be complete on its delivery by us to the delivery address set out on the Order Form unless the parties agree otherwise in writing. We may deliver orders by instalments, which may be invoiced and paid for separately.
(6) Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the Products that is caused by your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply and delivery of the Products. If we fail to deliver the Products, our maximum liability shall be limited to the costs incurred by you in obtaining replacement products of similar description in the cheapest market, less the price of the Products.
(7) We shall have no liability for any failure to deliver the Products to the extent that such failure is caused by your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply and delivery of the Product.
(8) If, you provide us with notice in writing, within a reasonable time of discovery that some or all of the Products do not comply with clause (4), and we are given a reasonable opportunity to examine the Products and such Products are returned to us by you at your own cost, we shall, at our own option, repair or replace the defective Products in full. These rights are without prejudice to your statutory rights relating to description, quality, fitness for purpose and correspondence with sample implied into this agreement by the Sale of Goods Act 1979.
(9) The terms of this agreement shall apply to any repaired or replacement Products supplied by us.
(10) Risk and title in Products delivered to you shall pass to you on Delivery.
(11) Title to the Products shall not pass to you until we have received payment in full for the Products.
PRODUCT PRICES
(12) Product Prices shall (i) be set out in the Order Form, and will be expressed to be either exclusive OR inclusive of the costs of delivery, postage and packing which shall be paid by you (ii) be exclusive of amounts in respect of VAT to be charged at the applicable rate and which will be payable by you upon receipt of a valid VAT invoice for such amount; and (iii) may be increased from those set out by us, upon giving notice to you, for any factor beyond our control or any request by you to change the delivery date, quantities, or type of Products or delay caused by failure by you to give us adequate or accurate instructions.
(13) We shall provide written, VAT invoices to you for each Product on or within thirty (30) days after Delivery. Each invoice shall quote the relevant Product details. You shall pay invoices in full within thirty (30) days of receipt thereof. Payment shall be made as set out in the Order Form.
(14) We shall be entitled, to charge interest on any overdue invoice at [4] % per annum above the Bank of England base rate from time to time, calculated on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.
(15) If you dispute any invoice or other statement of monies due, you shall immediately notify us in writing and immediately pay such amount as is not disputed.
INDEMNITY; LIMITATION OF LIABILITY
(16) We shall not be liable to you, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any indirect or economic losses including loss of profit, loss of goodwill loss of business loss of business opportunity: loss of anticipated saving special, indirect or consequential damage or loss suffered under or in connection with the agreement.
(17) To the maximum extent permitted by law, our total liability arising under or in connection with this agreement, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall be limited to the amount paid for the Product or Products.
(18) Nothing in this agreement shall limit or exclude the liability of either party for death or personal injury resulting from negligence; or fraud or fraudulent misrepresentation; or breach of the terms implied by section 12 of the Sale of Goods Act 1979; or breach of section 2 of the Consumer Protection Act 1987.
GENERAL
(19) If any provision of this Agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable. Any notice or other communication given to a party under or in connection with the Agreement shall be in writing and addressed to that party at it’s registered address. Any variation of this Agreement shall be in writing and signed by or on behalf of the parties. No failure to exercise or delay in exercising any right or remedy provided under this Agreement or by law constitutes a waiver of such right or remedy, nor shall it prevent or restrict any future exercise or enforcement of such right or remedy. This Agreement and the documents referred to in it constitute the whole agreement and understanding of the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter of this agreement. No term of this Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this Agreement, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act. This Agreement shall be governed by and construed in accordance with English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
(20) Any new customer must pay pro-forma. Thereafter, subject to credit checking, 30 days terms will be offered.
RETURNS
(21) As a wholesaler we will refund/replace any faulty goods. Unfortunately please note we do not offer sale or return on our goods. If you have any questions please contact enquiries@nineteenseventythree.com and we will be happy to help.