Symec Terms & Conditions of Sale
STANDARD TERMS AND CONDITIONS OF SALE
The following Terms and Conditions apply to this Quotation for the sale and/or supply of goods and services (“Products”) to you (the “Purchaser”) by Symec Technologies Limited (“Symec”):
Symec warrants that it will pass good title to the Products and that if the Products are described in this Quotation as “New”, “Like New”, “Demo”, or “Refurbished” that they will be in working order at the time of shipment. In addition, if Purchaser notifies Symec of the appearance of any defect(s) prior to the expiry of the manufacturer’s standard warranty in the case of New or Demo Product, or within 90 days after the delivery of any Refurbished or Like New Product, Symec will, at its option, repair or replace any Products affected by such defect without charge, or refund its price to Purchaser. The remedies of repair, replacement or refund agreed on in this paragraph will be the sole remedies of Purchaser against Symec and the parties agree specifically that subject to this, and to the maximum extent permissible by law, SYMEC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OR LOSSES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER KIND OF CIVIL LIABILITY CONNECTED WITH THIS AGREEMENT. FOR FURTHER CLARITY, UNDER NO CIRCUMSTANCES WILL SYMEC’S LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCTS. This Limited Warranty is the only warranty made by Symec, and Symec makes no other warranty, express or implied. IN PARTICULAR, SYMEC MAKES NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE PRODUCTS. Excluded from warranty coverage are defects due to misuse or abuse, or consumables such as print heads or batteries. Products described as “Used”, “Heavy Use” or “As Is” are supplied “as is” without any warranty other than they will be the make and model described in the Quotation. However, nothing in these Terms and Conditions shall limit Symec’s liability for fraud or fraudulent misrepresentation, or for death or personal injury resulting from negligence, or for any other liability which cannot be excluded by law.
In the event that Symec provides Products (including without limitation software and related services) which are subject to separate terms and conditions, Purchaser agrees that those terms and conditions (including any limitations of liability set out therein) shall supersede these Terms and Conditions to the extent that they relate to the relevant Products.
Notification of any shortages or damaged Products must be received in writing by Symec within 14 days of delivery otherwise the Purchaser will be deemed to have accepted delivery in full.
Prior Use and Alteration
Products may have been altered, refurbished, and/or upgraded by Symec or others using materials from more than one manufacturer. Some or all components may have been in prior use. Purchaser shall not remove or obscure any labels or notices on the Products, nor otherwise give the impression that Product which is not described in this Quotation as New is in fact new.
Sale of Hardware only
Symec makes no warranty with respect to any uses by any party that may require government or private licenses, such as certain uses of radio communications devices, software, or firmware that may be in the Products, or the right to use the Products for a particular purpose. Purchaser specifically warrants that it has right to use the Products for the purpose intended and that Purchaser has all the rights required to lawfully authorize Symec to install and/or copy into the Products any component(s) and/or software which Purchaser has supplied to Symec for the purpose of such installation or copying, or which Purchaser has requested Symec to obtain or electronically encode for the purpose of such installation or copying. Purchaser undertakes to indemnify Symec against any claims and expenses (including legal fees and cost of defence) arising from a breach of this warranty.
Rescheduling and Cancellation
Symec will not under any circumstances permit Purchaser to cancel any orders for any Products that have been specifically manufactured, purchased or configured to the Purchaser’s requirements. Purchaser may only reschedule, alter or cancel an order with Symec’s prior written agreement. If Purchaser cancels or alters an order for any reason the Purchaser shall pay Symec on demand such amount as Symec may specify. If Purchaser reschedules an order for any reason, Symec may reallocate the Products to other customers and the Purchaser shall accept revised delivery dates as Symec may specify.
Return of Goods
If within 14 days of delivery of any Products to the Purchaser, the Purchaser notifies Symec in writing that such Products are in excess of the Purchaser’s requirements, Symec may at its absolute discretion agree to the return of such Products to Symec subject to a restocking fee of 15% of the original invoiced price, provided that
– the Purchaser obtains from Symec an RMA number in advance of returning the Products
– the Products are returned in mint condition in their original, unopened packaging displaying the RMA number
– the Products are returned to Symec within 14 days of the issuance of the RMA
No return of goods will be agreed for any Products that have been specifically manufactured, purchased or configured to the Purchaser’s requirements.
Symec will not be responsible for any delay in delivery, or failure to deliver, any Products if such delay or failure results from causes beyond its control, including but not limited to, acts of God, war, terrorism, labour disputes, delay or failure of suppliers or of transportation, or governmental acts.
Retention of Title
Notwithstanding delivery of the Products, property in the Products shall remain with Symec until payment of all amounts owed in respect of such Products (including delivery costs if applicable) and payment of other outstanding debts owed by Purchaser to Symec together with any interest due, has been received in full by Symec.
Amounts payable by the Purchaser are due and payable in cleared funds without deduction, set-off or counterclaim in the currency invoiced on the date(s) and within the period(s) stipulated by Symec in any payment schedule or other document attached to or forming part of this Quotation, or if not expressly stated, within 30 days of invoice date. Time for payment is of the essence of the contract and Symec shall be entitled to recover all amounts due notwithstanding that delivery may not have occurred and that property in the Products may not have passed to Purchaser.
Symec reserves the right to provide a revised quote if, on the date Purchaser indicates its intention to accept the Quotation, the relevant exchange rate used by Symec has changed by 1% or more from that in effect on the day the Quotation was provided.
If Purchaser fails to pay in full any amount due then Purchaser shall be liable to pay interest on such unpaid amount at the rate of 1.5% of the amount due in respect of every calendar month or part thereof during which such amount has been overdue.
If any provision of this Agreement is wholly or partially invalid or unenforceable, such invalid or unenforceable provision will be regarded as excluded from this Agreement and the other provisions of the Agreement will not be affected by it.
The Quotation constitutes the entire Agreement between Symec and Purchaser. The placement of an order to purchase some or all of the products listed under this Quotation shall be deemed to be acceptance of these terms by Purchaser. This Quotation and these Terms and Conditions supersede all prior Quotations, offers, discussions, correspondence, or communications regarding this proposed transaction. IT MAY ONLY BE MODIFIED BY A SUBSEQUENT AGREEMENT IN WRITING APPROVED BY AN AUTHORIZED OFFICER OF SYMEC.
This Agreement is subject to the laws of England and Wales, and the Courts of England and Wales shall have exclusive jurisdiction over all matters relating to this Agreement.