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Terms and Conditions

Actium
Technologies (UK) Ltd
P.O. BOX 5150, LUTTERWORTH. LE17 6ZT
TEL: 01788 860431 FAX: 01788 860113

STANDARD TERMS AND CONDITIONS

1. GENERAL DEFINITIONS

Seller means Actium Technologies (UK) Ltd.
Buyer is the person, firm or company who places an order with the Seller for the manufacture and/or supply of goods.
Goods means the products manufactured and/or supplied by the Seller which are subject of an order placed by the Buyer with the Seller.

2. EXCLUSION OF OTHER TERMS

Only these conditions shall apply to estimates and quotations made by and all
contracts issued by the Buyer or contained in the Buyer’s order or otherwise, shall be effective unless expressly accepted in writing by an authorised officer of the Seller.

3. VARIATION OR REPRESENTATION

No variation, cancellation or waiver of these conditions or any representations
relating to the goods or to the performance of the contract shall be valid unless expressly accepted in writing by an authorised officer of the Seller.

4. ACCEPTANCE

The Seller offers, estimates, quotations and price lists are without any commitment
on its part and all orders require the Seller’s acceptance in writing to create a contract. Any such acceptance shall nevertheless be subject to the Buyer’s credit being approved and to cancellation without liability at the instance of the Seller should it subsequently discover, in its opinion, the Buyer’s credit to be inadequate to meet the order in question.

5. DELIVERY

The delivery time shall not be the essence of the contract. Whilst the Seller shall
use reasonable commercial endeavours to deliver the goods by the date specified on the Buyer’s order, it shall not be liable in delay of delivery from any cause whatsoever and howsoever arising. Should expedited deliveries be required, the additional costs if applicable must be borne by the Buyer unless agreement has been reached to the contrary with the Seller.

6. NON ACCEPTANCE BY THE BUYER

If by reason of the Buyer’s default, goods have not been taken or delivered by the applicable delivery date, the Seller may without prejudice to its right to claim damages, suspend delivery of goods or treat the contract as repudiated with regard to those goods or store goods at the expense of risk of the Buyer until they are taken up or do any combination of the foregoing.

Actium
Technologies (UK) Ltd
P.O. BOX 5150, LUTTERWORTH. LE17 6ZT
TEL: 01788 860431 FAX: 01788 860113

7. LOSS OR DAMAGE IN TRANSIT AND NON-DELIVERY OF THE GOODS

No responsibility shall be accepted by the Seller for any shortage or damage in transit unless

a) Where the goods are delivered other than by the Seller’s employee/transport, the Buyer makes a claim in writing providing full details within 7 days of receipt of the goods

b) Where the goods are delivered by the Seller’s transport, details of any shortages and/or damage is endorsed on the delivery note.

c) For the non-delivery of goods unless the Buyer makes a claim in writing within 21 days of receipt of the Seller’s invoice.

8. DEFECTIVE GOODS

Any complaints concerning defective goods must be in writing within 28 days of receipt of the goods by the Buyer. In the event of such a complaint being justified in the Seller’s opinion, the goods will be replaced at no extra costs to the Buyer.

9. PROPERTY AND RISK

The property in and the legal and equitable title to goods shall remain vested in the Seller until they have been paid for in full. The insurable risk in the goods shall pass to the Buyer upon delivery and the Buyer shall keep the goods properly insured in the amount of the sale price. If payment for the goods shall be overdue or if a Receiver is appointed over the business of the Buyer or a resolution passed or a petition presented for liquidation of the Buyer or if the Buyer commits an act of bankruptcy, the Seller shall be entitled to enter the Buyer’s premises without notice in order to recover the goods.

10. PRICE

The price charged shall be the price stipulated by the Seller as being current at the date of despatch. The prices are specified as exclusive of V.A.T. Unless otherwise stated in writing, prices exclude the cost of carriage, which must be paid with payment.

11. PAYMENT

Unless otherwise agreed in writing by the Seller, payment for the goods shall be made in full within 30 days of the end of the month following the date of the invoice for consumable items. For none consumable items i.e. printers, software etc payment is due within 7 days of the date of the invoice. Payment for maintenance contracts is due in advance.

12. SPECIFICATION

The Seller may modify without notice existing designs and specifications of the goods from time to time as it may in its sole discretion consider expedient. Notwithstanding that any item of goods has been shown to the Buyer a contract of sale by the Seller does not constitute a sale by sample.

Actium
Technologies (UK) Ltd
P.O. BOX 5150, LUTTERWORTH. LE17 6ZT
TEL: 01788 860431 FAX: 01788 860113

13. CANCELLATION

No cancellation or variance of an order by the Buyer shall be effective unless made in writing and accepted in writing by an authorised officer of the Seller. The Seller reserves the right to

refuse to accept such a cancellation or variation only subject to such conditions as it considers are warranted according to the circumstances.

14. FORCE MAJEURE

The Seller shall not be responsible if the performance of any of its obligations hereunder is prevented, hindered, delayed or in any way interfered with whether directly or indirectly by reason of war, civil commotion, strike, lockout or any other industrial dispute, flood, fire, bad weather, accident or stoppage to works, machinery breakdown, shortages of or difficulty in obtaining labour, materials, equipment, fuel, power, transport or by reason of any cause whatsoever beyond the Seller’s reasonable control or that of its sub-contractors (however remote) or suppliers and in the event of such prevention, hindrance, delay or interference the Seller may defer or determine this contract or any part of it without any liability to the Buyer and without prejudice to its other rights. Any of the causes enumerated herein shall be deemed to prevent hinder delay or otherwise interfere with the Seller or its sub contractor or
suppliers if that effects the performance of the aggregate of their obligations under any contract whether with the Buyer, the Seller or third parties.

15. TERMINATION

The Seller shall be entitled without prejudice to any other rights it may have forthwith to treat the whole contract with the Buyer as repudiated and terminated and to claim damages for any loss caused to the Seller by such termination in the event that the Buyer fails to make any payment when due or is in any other way in breach of any term of the contract, or if the Buyer shall become bankrupt or compound to make any arrangement with its creditors, or being a limited company enters into liquidation whether compulsory or voluntary or has a receiver appointed over the business of the Buyer.

16. PACKING

Where goods are sold packed the extent of the packing and/or protection will be at the Company’s discretion unless the customer stipulates special packing in which case such packing will be charged extra.

17. JURISDICTION AND GOVERNING LAW

Any contract of which these conditions form part shall be governed by the same laws of United Kingdom and the Buyer hereby submits to the jurisdiction of the British Courts.

Signed .......................................... On Behalf Of .............................................

Print Name ................................... Position in Company .................................

Dated ........................................................................................................................

Actium Technologies,
PO BOX 5150,
Lutterworth, LE17 6ZT

Tel: 01788 860431
Fax: 01788 860113

Terms and Conditions