Terms and Conditions of Sale

  1. Elia International Ltd shall sell and the buyer shall purchase the goods specified in this order form (the goods) subject to these terms and conditions.
  2. No variation to these conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and Elia International Limited.
  3. Elia International Limited employees or agents are not authorised to make any representations concerning the goods unless confirmed by Elia International Limited in writing. In entering into the contract the buyer acknowledges that it does not reply on and waives any claim for breach of any such representations which are not so confirmed.
  4. Any advice or recommendations given by Elia International Limited or its employees or agents to the buyer or its employees or agents as to the storage application or use of the goods which is not so confirmed in writing by Elia International Limited is followed or acted upon entirely at the buyers own risk and accordingly Elia International Limited shall not be liable for any such advice or recommendations which is not so confirmed.
  5. Any typographical clerical or other error or omission in any sales literature quotation, price list, acceptance of offer, invoice or other documentation or information issued by Elia International Limited shall be subject to correction without any liability on the part of Elia International Limited.
  6. Elia International Limited reserves the right to make any changes in the specification of goods which are required to conform with any applicable safety or other statutory requirements.
  7. No order which has been accepted by Elia International Limited may be cancelled by the buyer except with the agreement in writing of Elia International Limited and on the terms that the buyer shall indemnify Elia International Limited in full against any loss (including loss of profit) damages charges and expenses incurred by Elia international Limited as a result of cancellation.
  8. Where the goods are supplied for export from the United Kingdom the price in sterling may be calculated at the prevailing exchange rate at the date of order or the date of payment at the option of Elia International Limited.
  9. The buyer shall pay the price of the goods (less any discounts to which the buyer is entitled, but without any other deduction) within 30 days of the date of the invoice, notwithstanding that delivery may not have taken place and the property in the goods has not been passed to the buyer the time of payment of the price shall of the essence of the contract receipt for payment will be issued only upon request.
  10. If the buyer failed to make any payment on the due date then, without prejudice to any other right or remedy available to Elia International Limited, Elia International Limited shall be entitled to:
    1. Cancel the contract or suspend any further deliveries to the buyer.
    2. Appropriate any payment made by the buyer to such of the goods.
    3. Charge the buyer interest (both before and after any judgement) on the amount unpaid at the rate of four percent per annum above National Westminster Bank base rate from time until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest)
  11. Risk of damage to or loss of goods shall pass to the buyer at the time of delivery or if the buyer wrongfully fails to take delivery of the goods, the time when Elia International Limited has tendered delivery of the goods.
  12. Notwithstanding delivery and the passing of the risk in the goods or any other provision of the terms and conditions and the property in the goods shall not pass to the buyer until Elia International Limited has received in cash or cleared funds payment in full of the price of the goods and all other goods agreed to be sold by Elia International Limited to the buyer for which payment is then due.
  13. Until such time as the property in the goods passes to the buyer (and provided the goods are still in existence and have not been resold) Elia International Limited shall be entitled at any time to require the buyer to deliver up the goods to Elia International Limited and if the buyer fails to do so forthwith to enter upon the premises of the buyer or any third party where the goods are stored and repossess the goods.
  14. The buyer shall not be entitled to pledge or in any way of security for any indebtedness any of the goods which remain the property of Elia International Limited but if the buyer does so all moneys owing by the buyer to Elia International shall (without prejudice to any other right or remedy of Elia International Limited) forthwith become due and payable.
  15. Elia International Limited shall be under no liability in respect of any defect arising for fair wear and tear wilful damage, negligence abnormal working conditions, failure to follow Elia International Limited Instructions (whether oral or in writing) misuse or alteration or repair of the goods without Elia International Limited approval and Elia International Limited shall be under no Liability if the total price for the goods has not been paid by the due date for payment.
  16. Except where the goods are sold to a person dealing as a consumer (within the meaning of the unfair contract terms act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
  17. Any claim by the buyer which is based on any defect in the quality or conditions of the goods shall (whether or not delivery is refunded by the buyer) be notified to Elia International Limited within 7 days from the date of delivery or / whether the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure if delivery is not refused, and the buyer does not notify Elia International Limited accordingly the buyer shall not be entitled to reject the goods and Elia International Limited shall have no liability for such defect or failure and the buyer shall not be bound to pay the price as if the goods had been delivered in accordance with the contract.
  18. Where any valid claim in respect of any of the goods which is based on any defect in the quality or condition of the goods of their failure to meet specification is notified to Elia International Limited in accordance with these conditions, the seller shall be entitled to replace the goods (or a proportionate part of the price) free of charge or at Elia International sole discretion refund to the buyer the price of the goods (or proportionate part of the price) but Elia International shall have no further liability to the buyer.
  19. Elia International Limited shall not be liable to the buyer by reason for any representation or any implied warranty condition or other terms or any duty at common law, for any consequential loss or damage (whether for loss of profits or otherwise, costs, expenses or other claims for consequential compensation whatsoever and whether caused by negligence of Elia International Limited, its employees or agents or otherwise) which arise out of or in connection with the supply for the goods of their use or resale by the buyer except as provided in these terms and conditions.
  20. If the buyer makes voluntary arrangement with its creditors or becomes subject to an administration order or ( being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction) or an encumbrancer takes concession or a receiver is appointed or any for the property or assets for the buyer or the buyer ceases or threatens to cease to carry on business or Elia International Limited reasonably apprehends that any of the events mentioned above is about to occur in relation to the buyer and notifies the buyer accordingly then without prejudice to any right or remedy available to Elia International Limited, Elia International Limited shall be entitled to cancel the contract or suspend any further deliveries without any liability to the buyer and if the goods have been delivered but not yet paid for the price shall become immediately due and payable notwithstanding and previous agreement or arrangement to the contrary.
  21. The buyer shall be responsible for complying with any legislation or regulations governing the importation of the goods into the country of destination and for the payment of any duties thereon.
  22. This contract and these terms and conditions shall be governed by the laws of England and Wales.
  23. Until such time as goods are fully paid for the title of the goods will remain vested in Elia International Limited.

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