TERMS AND CONDITIONS OF SALE
OF RETIARIUS INTERNET DESIGN
The following terms and conditions ("the
Conditions") are the terms on which Retiarius Internet Design
sells products and services and supersedes all other terms and
conditions relating to the subject matter of these Conditions
1. PRICE AND PAYMENT
1.1. The price (exclusive of VAT) for the
Goods ("the Price) shall be the quoted price of the Seller
and payment of the Price shall be made by the Buyer within 15
days of the date of the invoice for the Goods
1.2. If the Price is not paid by the due
date interest shall accrue both before and after judgment on
the unpaid portion of the Price at the rate of 4 per cent above
the base rate from time to time of Royal Bank of Scotland PLC
2. GOODS AND SERVICES
The description and quantity of the goods
and services to be sold ("the Goods") shall be as set
out in the quotation provided by the Seller to the Buyer ("the
Quotation")
3. DELIVERY
The Seller shall deliver the Goods to the
Buyer at the address of the Buyer as shown on the Quotation on
the date shown on the Quotation or shall upload the Goods to
a computer server for the Buyer's viewing prior to payment being
requested. Time shall not be of the essence for delivery
4. ACCEPTANCE
The Buyer shall be deemed to have accepted
the Goods if they have not been rejected on or before the 7th
day after delivery. The Buyer shall not be entitled to reject
the Goods in whole or in part after such date.
5. TITLE AND RISK
5.1. The Goods shall be at the risk of
the Buyer following delivery
5.2. Notwithstanding delivery title in
the Goods shall not pass to the Buyer until the Seller has made
payment of all sums owing to the Buyer
5.3. Copyright and Intellectual Property
Rights in the Goods shall remain the property of the Seller unless
released, in writing, to the Buyer on payment of the agreed fees
as set down in the Quotation or contract.
5.4 The Goods may
not be transferred to a Third Party without the express permission
of The Seller being granted in writing
5.5. Until such time as title in the Goods
passes to the Buyer the Seller shall have the right to repossess
or otherwise recover the Goods
6. LIMITATION OF LIABILITY
6.1. Save in respect of personal injury
or death due to the negligence of the Seller the Seller shall
not be liable to the Buyer in respect of any loss suffered by
the Buyer due to any defect in the Goods
6.2. Without prejudice to Condition 6.1
the Seller shall not be liable to the Buyer or any third party
for any loss of profit, consequential or other economic loss
suffered by the Buyer arising in any way from this Agreement
6.3. Save in respect of personal injury
or death due to the negligence of the Seller the liability of
the Seller under these Conditions shall not exceed the Price.
7. FORCE MAJEURE
The Seller shall not be liable for any
default due to any circumstance beyond the reasonable control
of the Seller including, but not limited to, Acts of God, war,
civil unrest, riot, strike, lock-out, acts of civil or military
authorities, fire flood, earthquake or shortage of supply or
failure to deliver of the suppliers of the Supplier
8. GENERAL
8.1. If any term or provision of these
Conditions is held invalid illegal or unenforceable for any reason
by any Court of competent jurisdiction such provision shall be
severed and the remainder of the provisions hereof shall continue
in full force and effect as if these Conditions had been agreed
with the invalid illegal or unenforceable provision eliminated
8.2. The Seller may without the consent
of the Buyer sublicence its rights or obligations or any part
of these Conditions.
8.3. The headings in these Conditions are
for ease of reference only and shall not affect the interpretation
of any of the Conditions
9. ENTIRE AGREEMENT
Each of the parties agrees that save in
respect of statements made fraudulently it shall have no remedy
in respect of any untrue statement upon which it relied in entering
this Agreement and that its only remedies shall be for breach
of contract
10. GOVERNING LAW AND JURISDICTION
This agreement shall be governed by the
laws of England and Wales and the parties hereby submit to the
non-exclusive jurisdiction of the Courts of England and Wales
11. RIGHTS OF CONSUMER
Nothing in these Conditions shall affect
the statutory rights of a consumer.
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