Buyer The person who buys or agrees to buy the goods from the Seller.
Conditions The terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods The articles which the Buyer agrees to buy from the Seller.
Price The price for the Goods, excluding VAT and any carriage, packaging and insurance costs.
Seller DLK Photo of Unit 6, Somerton Industrial Park, Dargan Crescent, Belfast, BT3 9JB.
2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 These Conditions may not be varied except by the written agreement of the Seller.
2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
The Price shall be the price quoted on the Seller’s confirmation of order. The Price is exclusive of VAT which shall be due at the rate in force on the date of the Seller’s invoice.
4. Payment and Interest
4.1 Payment of the Price and VAT shall be due within 30 days of the date of the Seller’s invoice.
4.2 Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of 8% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.
4.3 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.
4.4 You will be liable for all costs incurred in collecting the debt, whether or not title has passed to you.
4.5 We reserve the right to reduce any credit limit without prior notice.
The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order. Except where the Buyer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded.
7. Delivery of the Goods. In normal Circumstances:
7.1 We will deliver an order within three working days, but we cannot be held liable for any loss to you caused by late delivery. If we do deliver late this is not a breach of contract.
7.2 Goods will be delivered to the delivery address supplied to us by you. By supplying an address you are considered to have given authority to accept a delivery on your behalf to any person who receives the delivery at the given address.
7.3 If we or the goods carrier cannot deliver to the deliver address then we may either store the goods and deliver at a later date, or return the goods to stock and deliver similar goods at a later date.
7.4 If we deliver in instalments to you, the each instalment is a separate contract. If payment in full is not made to us at the proper time, we may hold or cancel delivery of any other of your order or part orders which are still to be delivered.
7.5 Our pricelists exclude delivery or transport charges, insurance and taxes.
8. Acceptance of the Goods
8.1 The Buyer shall be deemed to have accepted the Goods 48 hours after delivery to the Buyer.
8.2 The Buyer shall carry out a thorough inspection of the Goods within 48 hours of delivery and shall give written notification to the Seller within 5 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.
8.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
9. Title and risk
9.1 Risk shall pass on delivery of the Goods to the Buyer’s address.
9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
9.3 Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
9.4 The Seller may at any time before title passes and without any liability to the Buyer:
9.4.1 Repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and
9.4.2 For that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
9.5 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
10. Catalogues & Brochures - All descriptions and illustrations of goods in any catalogue brochure, price list or in any other document provided by us are intended for general guidance only, and do not form part of any contact between you and us. We accept no liability for any error or omission in such documents and cannot be liable in any circumstances for any loss or damage resulting from your reliance on such information.
11. Force Majeure - - We reserve the right to cancel an order or suspend or delay delivery without being liable for any loss or damage caused by any reason beyond our control.
12. Divisibility Clause - This contract is divisible. Each delivery made hereunder shall be deemed to arise from a separate contract and shall be invoiced separately; any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein, without reference to and notwithstanding any defect of default in delivery of any other instalment.
13. Your Bankruptcy or Default - If you fail to honour or breach any of your obligations to us under this contact, or any distress or execution is levied upon you, or you offer to make an arrangement with your creditors or commit any act of bankruptcy or a petition of bankruptcy is presented to you, or in the case of a limited company a petition to wind up such a company is passed or presented, we will have the immediate right to cancel in writing any contract we currently have with you without prejudice to any claim or right we may otherwise have.
14. Shortages, Damages, Discrepancies and Loss in Transit - Shortages, damaged goods and discrepancies must be notified to us in writing within 3 working days of delivery. Goods lost in transit must be notified within 3 days from date of invoice. Unless we are notified within 3 days of delivery we cannot be responsible for any shortage, loss or damage of goods.
15. Returns - Goods cannot be returned unless clearly displaying a customer returns number. Returns not clearly showing this will not be accepted by our good inward department. Customer wishing to return goods for any reason must firstly contact our customer service department to obtain a customer returns number and authority, which will be provided once we are satisfied the return is valid. The issue of a return number is not an agreement to credit. Once the goods are received by us, we will test any goods that are identified by you as faulty, and report back to you. Faulty goods will be credited in full, Returns to us for non-faulty good will be reported back to you upon receipt. We reserve the right to charge a restocking fee of 25% of the value of goods, with a minimum charge of £25.00. The above paragraph does not affect any of the product guarantees which we offer. GOODS MUST BE RETURNED IN THEIR ORIGINAL UNOPENED & UNMARKED PACKAGING. Goods not returned to us in original packaging will be returned to you.