Digital Electronic Products – General Terms & Conditions of Sale
Unless special and written conventions are otherwise stated, all orders shall involve that the Buyer adhere to the under-mentioned general terms and conditions of sale, notwithstanding and stipulation to the contrary stated on his own general terms and conditions.
Contract/Bespoke Orders and Specifications: In the event that the goods are to be manufactured or any process is to be applied to the goods by Digital Electronic Products LTD (DEP) in accordance with a specification supplied by the Buyer, the Buyer shall indemnify DEP against all loss, damages, costs and expenses awarded against or incurred by DEP in connection with or paid or agreed to be paid by DEP in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from DEP’s use of the Buyer’s specification. Carriage and VAT will be charged and added to the invoice total were applicable.
DEP Stock Orders: It is the responsibility of the Buyer to ensure that the goods order are suitable for their application. Orders under £250 excluding VAT will incur a carriage charge. The carriage will be charged at applicable rates and added to the total invoice. The method of carriage will be at our discretion unless requested otherwise.
Price: All products are charged at list price unless a discount has been agreed in writing. Following a price increase and where you have specified a different price on your order, we will advise you before proceeding.
DEP reserves the right, by giving notice to the Buyer to increase the price of the goods to reflect any increase in cost to DEP which is due to any factor beyond the control of DEP, including, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture, any change in delivery dates, quantities or specifications for the goods which is requested by the Buyer, or any delay caused by any specification or other instructions of the Buyer or failure of the Buyer to give DEP adequate information or instructions.
Payment: DEP shall be entitled to invoice the Buyer for the goods on or at any time after delivery of the goods. Where the goods are to be collected by the Buyer or where the Buyer fails to take delivery of the goods DEP shall be entitled to invoice the goods at any time after DEP has notified the Buyer that the goods are ready for the collection or the Seller has tendered delivery of the goods, as the case may be.
Unless otherwise agreed in writing by DEP, the Buyer shall not be entitled to any discount or rebate in respect of the goods.
All goods supplied shall be paid for within the agreed payment terms. The time of payment shall be of the essence of the contract. If any discount or rebate is offered by DEP then the same shall be deductible only if the goods are paid for within the agreed terms.
It is expressly agreed upon by the parties that non-payment of invoices on the due date shall automatically entail the following consequences, without the need for formal notice to this effect and without prejudice to any future claim for damages: DEP shall be entitled to:
-cancel the contract or suspend any further deliveries of goods to the Buyer;
-decline to make any further deliveries of any goods to the Buyer except upon receipt of cash or satisfactory security;
-appropriate any payment made by the Buyer to such of the goods (or the goods supplied under any other contract between the Buyer and DEP as DEP may think fit (notwithstanding any purported appropriation by the Buyer);
-charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 4% per annum above the base lending rate of National Westminster Bank plc from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
For the avoidance of doubt the Buyer shall not be entitled to withhold or set off payment for goods delivered against any alleged debt or claim against DEP. Queries against invoices should be raised with 14 days of receipt of invoice.
The Buyer shall bear all costs incurred by reason of legal proceedings instituted in consequence of the said non-payment.
In the event of the financial standing of the Buyer constituting a justifiable cause for concern, DEP reserve the right to review all terms and conditions of payment agreed upon with regards to current or future orders, and to require specific guarantees or terms of payment such as payment with order or payment prior to shipment.
We accept payment by cheque, credit cards, bankers draft and BACS.
Credit Facility: If a credit facility is agreed, payment must reach us within 30 days of invoice date (except where agreed otherwise in writing).
Retention of Title: DEP reserve property of the goods until payment in full of the price and all accessories thereof. The risks of goods shall however pass to the Buyer upon delivery of the goods and shall be borne by the Buyer for the entire duration of the retention of title in favour of the Seller. The Buyer shall therefore be required to pay the price of the goods in the event of the disappearance of the said goods, whether accidental or due to any other cause. Goods remaining in the possession of the Buyer shall be presumed to be those for which payment has not yet been made. We shall consequently be entitled to retake possession of said goods without prejudice to any claim for damages for total or partial failure to pay the price thereof.
Delivery & Transit Damage: Unless agreed otherwise, we despatch using our preferred carrier. Standard Delivery is normally made the next working day after dispatch (to UK Mainland), no absolute guarantee can be given of this or any other delivery times. A premium service (ie before 9:30am or AM delivery) can be requested at an additional cost.
Same day dispatch for all stock items is subject to order being received before 12:30 pm (under normal circumstances), but this may vary according to workloads.
Goods damaged in transit must be signed for as damaged on the carriers receipt note and must be notified to us within 3 days of receipt otherwise claims for losses cannot be accepted. All packaging and batch numbers must be retained.
Complaints: Failure by the Buyer or his representative to make any reservations regarding goods at the time of delivery shall defeat all claims concerning apparent defects.
In the event of the Buyer failing to check the quality of the goods within as short a time frame as possible, or subsequent to carrying out the said checking the Buyer puts the goods into operation or transfers the ownership thereof, we decline all liability for any damage which might occur as a result of the use of the said goods.
Any suspected quality concerns must be reported to us in writing within a 60 day timeframe for DEP products or a 30 day timeframe for bespoke/contract products.
In the event of goods not being used for a purpose or in a manner normally intended for goods of that kind, or for a purpose we have expressly agreed to, we shall refuse to consider any complaint regarding the said goods.
Once the Buyer has sent us his complaint within a short period of time, we shall at our convenience either replace or refund the cost of goods which we have acknowledged as lacking in conformity or affected by hidden defect. DEP will not accept any consequential loss in regards of the use of its products.
Returns & Refunds: Packages returned carriage paid in good condition to D.E.P. Ltd, Unit 4, Rokeby Court, Manor Park, Runcorn, Cheshire, WA7 1RW will be credited at the price originally charged. A re-stocking charge may be levied. Customers name, and product details including batch numbers must be shown on all packages.
BY PLACING AN ORDER WITH US YOU ARE BOUND BY THESE TERMS UNLESS AGREED OTHERWISE IN WRITING. ALL STATUTORY RIGHTS APPLY AS PER THE STATUTE OF THE UNITED KINGDOM AND EUROPEAN UNION WHERE APPLICABLE.