Remote Media | Terms and Conditions
1. General
1.1 The “Seller” is Remote Media Ltd, or any other
affiliated company.
1.2 The “Buyer” is any person or company or other entity who
buys or agrees to buy goods or services from the Seller.
1.3 The “Conditions of Sale” are these conditions of sale.
The clause headings do no affect the interpretation of the
clauses to which they refer.
1.4 The Conditions of Sale shall apply to any supply of
goods or services by the Seller to the Buyer and shall
prevail over any conflicting terms and conditions to the
Buyer or established course of dealing between the parties.
In placing any order or accepting delivery from the Seller
the Buyer accepts the Conditions of Sale to the exclusion of
all other terms and conditions save to the extent that any
variation thereto is expressly agreed to in writing by the
Seller. The signing by the Seller of any of the Buyer’s
documentation shall not imply any modification of these
terms.
1.5 The Buyer acknowledges that there are no representations
outside these terms (whether verbal or contained in any
promotional material or brochure or otherwise) which have
induced him to enter into the contract with the Seller
(which expression shall include any contract of which these
terms form part).
2. Prices
2.1 Quotations must be in writing and unless previously
withdrawn, are open for acceptance by Buyer subject to the
Conditions of Sale within 30 days only from quotation date.
2.2 Prices quoted are ex works and do not include VAT or
other taxes; prices to the Buyer are subject to change
without notice after the date of the Seller’s acceptance of
the Buyer’s order to the extent that the Seller has incurred
increased costs due to the exchange rate change, import duty
change, increased prices from the supplier or surcharges or
otherwise.
2.3 Unless specifically provided for in any quotation,
carriage and packing are charged extra. A standard carriage
and packing charge at the current rate prevailing is
charged.
2.4 In any event the Seller retains the right to invoice at
the price ruling at the time of dispatch of goods.
3. Delivery
3.1 Delivery dates quoted by the Seller are best estimates
only and in regard to any such dates, time shall not be of
the essence.
3.2 Late delivery does not entitle the Buyer to cancel his
order.
3.3 The seller will refund the cost of or at its discretion
replace or repair free of charge any goods proved to the
Sellers satisfaction to have been lost or damaged in transit
up to the moment of delivery provided that within three days
after receipt of goods in the case of damage or within ten
days of receipt of invoice in the case of non-delivery the
Buyer notifies the Seller in writing of the occurrence of
the damage or non-delivery and of its nature and extent.
Subject as aforesaid risk shall pass to the Buyer on
delivery to carriers. In no circumstances shall the Seller
be liable to compensate the Buyer in damages or otherwise
for late delivery or non-delivery of the goods or any of
them or for any loss consequential or arising there from.
3.4 The Seller shall be entitled to deliver goods in one or
more consignments unless otherwise agreed.
4. Payment
4.1 Payments are due on demand and the Seller reserves the
right to require payment in cash upon notice by the Seller
that the goods or any installment thereof are ready for
dispatch but in any case payment must be paid no later than
30 days from the date of the relevant invoice.
4.2 The Seller reserves the right to suspend deliveries
where payment due from the Buyer to the Seller in respect of
any whatsoever is not received in accordance with the
Conditions of Sale or other applicable terms.
4.3 The Seller reserves the right to charge interest on
amounts overdue. Interest will be calculated from the date
the monies were first due at 2% per month after as well as
before any judgement thereof.
4.4 Payment for any goods which the Buyer asks the Seller to
hold for a period of any longer than seven days after the
date upon which delivery is due shall be made as if delivery
had taken place on such due delivery date and the Seller
reserves the right to charge the Buyer for storage from that
date until the date of actual delivery. During any period of
storage of the goods under these provisions the goods shall
be at the sole risk of the Buyer.
4.5 If the Seller shall allow provisional credit in respect
of any part of the Goods it shall be without prejudice to
its right to refuse to give up possession of any part of the
goods except against payment; and the whole of the price of
all goods bought by the Buyer shall fall due and payable
without demand immediately on the happening of any of the
following events:
a) Failure by the Buyer to pay any sum due to the Seller
within 14 days of the due date for payment.
b) Commencement of the winding up of the Buyer.
c) Commission by the Buyer of an act of bankruptcy.
d) Appointment of a receiver of any asset of the Buyer, or
an administrative receiver of the Buyer, or the levying of
any distress or execution on any asset of the Buyer.
e) Application for the appointment of an Administrator of
the Buyer.
4.6 The failure of the Buyer to pay any part of the price of
the goods in due time shall be a breach of condition
entitling the Seller to treat that failure as a reputation
of the whole contract by the Buyer and to recover damages
for such breach.
5. Ownership and Risk
5.1 Subject to Clause 3.3 the risk in the goods shall pass
to the Buyer on delivery to the carrier.
5.2 Ownership of the goods shall not pass from the Seller to
the Buyer until the Buyer has made payment to the Seller in
full thereof and until such payment has been made the Buyer
shall not process the goods and shall retain possession and
unencumbered ownership of the goods and shall ensure that
they are handled in a manner which to the satisfaction of
the Seller identifies them as the goods of the Seller. The
Buyer hereby grants the Seller access at all reasonable
times to any of its premises for the purpose of inspecting
and/or removing such goods of the Seller.
6. Cancellations and Re-schedules
6.1 The acceptance of any requests to cancel or re-schedule
orders are at the discretion of the Seller and must be made
in writing by the Buyer to the Seller. The Seller is under
no obligation to accept such cancellations or reschedules.
The Seller reserves the right to make a charge on the Buyer
to recover the costs and loss of profit incurred by the
Seller due to such cancellations or re-schedules.
6.2 Without prejudice to Clause 6.1, no more than two
reschedules will be accepted to any order and reschedules or
cancellations will not be accepted in any circumstances less
than eight weeks before the delivery date acknowledged by
the Seller.
7. Change of Design
7.1 Goods will be supplied substantially to the design
described in the order. However, the Seller reserves the
right to make reasonable changes at its discretion during
the execution of the Buyer’s orders.
8. Warranty
8.1 The Seller guarantees to refund the costs of or at its
discretion to repair or replace free of charge any of the
goods found to be defective owing to faulty design,
materials or workmanship notified in writing by the Buyer to
the Seller within 12 months of the date of delivery to the
Buyer, provided that in the case of goods not of the
Seller’s manufacture its liability under this clause shall
in no circumstances extend beyond any corresponding
liability of its supplier or the manufacturer of such goods
to the Seller and/or the Buyer.
8.2 The Seller does not warrant or guarantee that its
products or services are satisfactory for any particular
purpose and there are no warranties, expressed or implied,
to such effect.
8.3 All other warranties, conditions and statements
expressed or implied, statutory or otherwise are excluded
except any implied by law which by law cannot be excluded.
Subject as aforesaid, the Seller shall be under no liability
in contract or in tort for any loss, damage, death or injury
arising directly or indirectly out of the supply or use of
the goods and whilst every effort is made by the Seller to
ensure the accuracy of any technical data or literature made
available in relation to the goods, the Seller accepts no
liability for any damage, death, injury or losses whatsoever
arising from any errors or omissions in such technical data.
9. Force Majeure
9.1 The Seller shall have no liability in respect of any
failure to deliver or perform or any delay in delivering or
performing any obligations to the Buyer due to any cause of
whatsoever nature outside the reasonable control of the
Seller including but not limited to causes arising from
costs or omissions of the Buyer.
9.2 If the Seller is prevented from delivering part of the
goods by reason of any such causes the Buyer shall take and
pay for such part of the goods as the Seller shall be able
to deliver in accordance with the terms of the contract.
10. Origin of Goods
10.1 The Seller makes no representation and gives no
warranty in respect of the source or origin of manufacture
of the goods.
11. Export Control Regulations
11.1 Some or all of the goods supplied by the Seller may be
subject to Export Control Regulations. Such goods may not be
exported by the Buyer to proscribed countries or resold to
proscribed companies or individuals, without prior approval
of the relevant authorities. It is the responsibility of the
Buyer to obtain such approval.
11.2 Under no circumstances shall the Seller be liable for
any loss or damages incurred by the Buyer as a result of the
Buyer’s contravention of any Export Control Regulations.
12. Law
The contract between the parties shall all be governed by
and interpreted in accordance with English Law, and the
Buyer submits to the Jurisdiction of the High Court of
Justice in England but the Seller may enforce the contact in
any court of competent jurisdiction.