STANDARD TERMS AND CONDITIONS OF SALE

1.              General

CommSystems Ltd. Hereinafter referred as “CommSystems” accepts orders and sells products and services only in accordance with the terms and conditions contained herein unless specifically agreed to the contrary in writing by an authorised representative of CommSystems. Notwithstanding any contrary provisions that the Purchaser may propose, CommSystems acceptance of any order is conditional upon the Purchaser’s assent to the terms and conditions contained herein

2.              Prices and Charges

The prices set forth for all products (systems, system component parts, accessories, materials or services) that will apply to any order shall be expressed in Pounds Sterling or any other such currency as may be agreed in writing between CommSystems and Purchaser at the time and date of order.

The prices set forth include provision for normal packaging in accordance with standard commercial practice but any additional costs incurred for specific packaging expressly requested by Purchaser shall be charged to purchaser. When requested by CommSystems, Purchaser shall also be responsible for freight, transportation, insurance, shipping, storage, handling demurrage, brokerage, import taxes and duties and all similar charges.

3.              Payment

Unless credit arrangements between CommSystems and Purchaser have been agreed in writing, all payments for products ordered shall be made prior to shipment or, if at time of delivery, by irrevocable letter of credit, credit card, or direct debit arrangement.

Where credit arrangements have been established, and unless expressly agreed otherwise, payment shall be made so as to be received by CommSystems thirty days after invoice date. Overdue accounts may be charged interest at the levels permitted by law and any costs incurred by CommSystems to recover overdue moneys owing to CommSystems shall be charged to Purchaser.

VAT will be charged at the current rate ruling at the time of delivery.

Commsystems will exercise right of lien over all products supplied until paid for in full.     

4.      Delivery

Delivery of all products shall be Ex Warehouse of CommSystems.. Risk of loss or damage shall in all cases pass to Purchaser upon delivery of the ordered products by a common carrier or other delivery agency to a delivery point designated by Purchaser. It shall be the responsibility of Purchaser to notify CommSystems of any loss or damage occasioned to the products while in transit within twenty four hours of the delivery of the products to Purchaser. Dates of delivery are estimated based upon CommSystems’ best judgements but are neither a guarantee nor a warranty of a particular time.

5.      Notice of Claims – Out of Box Failure

Immediately upon receipt of the products, Purchaser shall inspect the products for any defects and all claims for defects discoverable upon inspection must be notified in writing to CommSystems within seven business days of receipt of the products and the products returned to CommSystems, together with original packaging

6.     Force Majeure

While CommSystems shall make every reasonable effort to meet indicated shipment date or dates, CommSystems shall not be liable for any loss, cost, expense or damage due to delays resulting from any cause beyond its reasonable control including but not limited to compliance with any Government law or regulation, acts of God, acts of civil or military authority, judicial action, priorities, labour disputes, failure or delays in transportation, embargoes, wars, riots, production or engineering delays or inability of CommSystems or its suppliers to secure adequate materials, manufacturing facilities or labour. In the event of any delay due to such causes or other difficulties, whether or not similar in nature to any of those enumerated, the delivery dates shall be extended for a period equal to the extent of the delays incurred.

7.     Taxes

Prices quoted are exclusive of customs duties and other taxes. In the event that CommSystems is obligated to pay any duties or taxes to ensure delivery of ordered products then any such costs shall be charged to and recovered from Purchaser.

8.     Title

A) Goods shall remain the sole property of CommSystems Ltd and title to and full ownership of the goods shall not pass to the customer until payment is received in full by CommSystems.

B) In the event of non-payment CommSystems may lawfully enter any premises where they are stored for the purpose of recovering its goods.

C) The buyer may sell or deliver goods to a third party in the ordinary course of their business on condition that until CommSystems receive payment in full, the buyer will hold all proceeds of such sales on trust for CommSystems.

9     Cancellation

Order cancellation can only be accepted in writing. In the event of cancellation of order, we reserve the right to charge up to 25% of order value depending on the costs incurred prior to cancellation..

10    Proper Law

These terms and conditions of sale shall be governed by and construed in accordance with English Law.