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Eurocams Limited  Terms & Conditions of Sale

GENERAL

All orders are subject to the following terms & conditions. Any exceptions there to are not binding unless confirmed by Eurocams Ltd. (the Company) in writing.

RETENTION & TITLE OF GOODS.

Ownership of the Goods remains with Eurocams Ltd. (the Company) and will not pass to the Customer until the company is paid for the Goods in full cleared funds and is paid all other amounts owed by the Customer to the company.

Where the Goods are attached to or incorporated in any other goods or are altered by the Customer, ownership of the Goods shall not pass by virtue of the attachment, incorporation or alteration and if the Goods remain identifiable and were attached to or incorporated in other goods, can be detached or removed from them.

If the Customer is overdue in payment for the Goods or any other goods supplied by the Company, the Company may recover and resell them.

The Company may enter the Customers premises for this purpose and may if necessary detach or remove the Goods. This does not affect any other rights of the company. 

Until the company has been paid in full for the Goods and all other goods, which the company has supplied, to the Customer.

a.        if the Customer sells the Goods the Customer shall hold that part of the proceeds of sale, which is equal to the original price to be paid to the Company on trust for the Company in a separate bank account.

b.        the Company may trace the proceeds of sale that the Customer received into any bank or other account, which the Customer maintains in part, or whole.

c.        if the Customer sells the Goods the Company may by written demand require the Customer to assign to the Company the right to recover the price from its purchaser.

d.        the Customer must not assign to any other person any right arising from a sale of the Goods without the Companies written consent.  

Any terms of purchase, or title of goods, or retention of goods stated or otherwise on the Customer Official Order Form shall be superceded by this document and will be considered null and void and therefore will not stand if the customer purchases Goods from the Company.

These terms and conditions remain enforceable even if the Customer should apply for Bankruptcy, or go into Liquidation, or go into Receivership or Administration.

CANCELLATIONS.

Eurocams Ltd. cannot accept any cancellation of order for goods made especially to customer’s requirements, order or schedule.

COMPLAINTS.

Complaints regarding incomplete, incorrect or damaged delivery must be reported in writing by fax, email or post within 7 days after arrival of the vessel or vehicle, at the port of destination.

Provided a complaint is justified it is at the sole discretion of the supplier after the complaint has been investigated whether a Credit Note or Replacement goods are given to the customer.

PRICES.

All prices are subject to revision without prior notice and orders only accepted subject to the prices ruling at the time of dispatch.

PACKAGING.

Packaging is invoiced at cost price and the Company does not accept return of packaging.

SHIPMENT.

Clear instructions as to the customers nominated shipper, required shipping documents, together with customs clearance formalities, have to be given with each order.  The Company cannot accept liability for any loses or expenses resulting from insufficient instructions. 

DELIVERY.

Every effort will be made to keep delivery dates, but no liability can be accepted for loss caused through delay or non-delivery.

The Company reserves the right to suspend deliveries to any customer so long as payment for any goods previously supplied is in arrears.

INSURANCE.

In cases of Ex-Works, FOB, C&F or CIF terms the customer is responsible for arranging any and all insurance cover that they require covering each and every delivery shipment made to them from the Company.

The Company will not be liable for any loss or damage incurred, and will only accept orders on the condition that the customer will insure the goods from ex-works to final destination.

CIF-CONTRACTS.

If the carrying vessel or vehicle cannot reach the port or place of destination given in the CIF clause, but has to be unloaded at another port or place for any reason beyond our control, we shall not be liable for any extra costs or expenses incurred.

PAYMENTS.

Payments must be effected prior to delivery, unless a different method has been determined at the time of confirmation of the order.  In case of late payment the Company reserves the right to attach and charge interest for the delay at the companies current Bank Rate.

CURRENCY.

The customer agrees to pay any and all monies due to the Company in Pounds Sterling as per invoice, unless any alternative currency payment has been agreed between the parties in writing by the Company.   The customer also agrees to pay any bank charges incurred for making payment transactions to the supplier. 

FORCE MAJEURE.

The Company will not be liable for any loss or damage caused by non-delivery or delayed delivery due to force majeure. 

LOCATION OF CONTRACT & LEGAL DOMICILE, (PLACE OF JURISDICTION).

The location of contract and legal domicile for either party is Weston-Super-Mare, North Somerset, England, UK.

WARRANTY.

The Company warrants all goods supplied by it, to be free from defect in material and workmanship. Its sole liability under such warranty is limited to replacing goods where defect were caused exclusively by material or workmanship.

Such goods should be returned within twelve months of delivery date. The company does not warranty goods, which become defective in whole or in part by misuse, neglect, overloading, unsuitable or incorrect lubrication, improper installation or repair, alteration or accident, all goods returned will be disposed of after examination

There is no warranty on goods supplied by the company, which are used in any form of Motor Competition or for performance improvement.