All orders for goods accepted by Ataman Trading LTD. ("the Vendor") are accepted
subject to the following conditions which shall form part and govern the
contract of sale.
Acceptance of goods shall be deemed to be acceptance of these conditions of
sale. Any term sought to be imposed by a purchaser either in a document or
otherwise that conflicts with or adds to these conditions is not accepted. No
agent or representative of the vendor has authority to vary these conditions
unless accepted in writing by a director of Ataman Trading LTD.
1. Payment and Price
a.The vendor reserves the right to vary the quoted price of the goods by upward additions in
accordance with the market conditions at the date of actual supply and the
purchaser shall pay such additions in addition to the quoted price. Price Lists
do not constitute an offer.
b.All invoices are due for payment on the date shown on the invoice. Payment is to be made in sterling unless otherwise agreed in writing by a director.
c.All overdue accounts will be charged on a
daily basis commercial interest at 5 % above the base rate of the Barclays Bank
PLC. Obtaining at the time.
2.Availability of Goods
The vendor will use its best endeavors to comply with the date named for dispatch or delivery which date is given and intended as estimate only and is not to be the essence of contract. If owing to
non - availability of the goods or any other causes beyond the vendor's
control, the vendor shall be unable to effect delivery hereunder it shall be at
liberty to determine the contract or part thereof by giving notice in writing
to the purchaser.
3. Property and Risk
For so long as any amounts remain owing from
the purchaser to the vendor (whether immediately due or not) title to the
property of the goods shall remain in the vendor and ownership will not pass to
the purchaser until the vendor has received payment in full. In the event of
the purchaser reselling the goods, if the vendor has not received all amounts
owing to it the purchaser shall account to the vendor for the proceeds of any
such sale and meanwhile will hold all proceeds of such sale of such goods upon
trust of the vendor until the vendor have received such amounts in full. The
vendor shall have the right to trace all proceeds in accordance with the principals
of R. v. Hallets Estates 1880 13CH.D96. At any time
after the due date for payment from the purchaser to the vendor, and so long as
such amounts have not been received by the vendor in full ,
the vendor at the purchaser's expense shall have the right to enter the
purchasers premises and remove therefrom all the
goods which remain the property of the vendor.
4. Design
Variation
Whilst the vendor makes every effort to ensure
that the goods supplied correspond to in every effect with the sample, specification
or description provided as the case may be, the vendor is not responsible for
the minor variations in specification in colour or
other design features, and no such minor variation shall entire the purchaser
to rescind the contracts or shall be the subject of any claim against the
vendor by the purchaser.
5. Claims
a. No liability
for any claim for damage or non-functionality shall be accepted unless the
purchaser notifies the vendor in writing within seven days of delivery. This
period may be extended at the sole discretion of the vendor where the
manufacturer's replacement policy extends the deadline.
b. No liability
for any claim for missing items such as manuals, etc shall be accepted unless
the purchaser notifies the vendor in writing within seven days of delivery.
c. No liability
for any claim will be accepted in the case of goods differing in quantity or
descriptions from the purchaser given on the delivery note unless the vendor is
notified in writing by the purchaser within seven days of delivery and the onus
is on the purchaser to prove any shortage.
d. In the case
of active third party on-site maintenance contracts, the purchaser accepts an
obligation to use the services of the contracted third party to resolve claims
under clause 5(a).
e. In the case
of manufacturers who operate direct product support and returns procedures, the
purchaser accepts an obligation to process their claim directly through the
manufacturer.
6. Guarantee
The purchaser shall, unless otherwise, in
writing, be responsible for all carriage, telephone, postal and other
incidental charges incurred during the guarantee period.
7. Returned
Goods
a. The vendor
will not accept goods for credit or rectification unless such return has been authorized
by a director, and the goods are received by the vendor in stock condition,
with original packaging, software and the vendor reserves the right at its sole
discretion whether to accept the return of the goods or whether to rectify the
goods or whether to issue a credit note in respect thereof. The vendor reserves
the right to charge a restocking fee on goods returned for credit which are not
in stock condition.
b. The
purchaser shall unless otherwise stated be responsible for the cost of outward
and return carriage and insurance of all goods returned by the purchaser to the
vendor for service or credit which goods shall be at the risk of the purchaser
until actual receipt of the goods by the vendor. The onus of proof of safe
delivery shall rest with the purchaser.
c. All items returned
to the vendor by pre-arrangement and found to contain no fault, will be subject
to a 25% restocking charge, provided the goods are in original stock condition.
Any downward variation of this restocking charge shall be at the sole
discretion of the vendor.
d. A £10
Service charge will be applicable if No Fault Found.
e. No credit
shall be allowed for goods until they have been received complete.
f. A Full
Credit will only be given on items returned within 30 Days from Purchase.
g. If a credit
is to be given, the original carriage charge will not be refunded/credited.
8.
Consequential Loss
The extent of the vendor liability on the
purchaser for any default or breach whatsoever and howsoever arising shall in
no case exceed the invoice value of the goods and the vendor shall in no
circumstances whatsoever be liable to the purchaser in respect of any loss or
damage whether suffered by the purchaser or any customer of the purchaser and
whether direct, indirect, consequential, or however else arising. Ataman
Trading LTD will not be responsible for any data loss howsoever arising. You
are responsible to backup your data on a regular basis.
9. Law
a. If any part
of these terms and conditions shall be found to be unlawful it shall not affect
the validity or enforceability of the remainder of the conditions.
b. This
contract is and shall be deemed to have been made in England and shall in all respects
be governed by English Law.
c. In respect
of consumer sales only, statutory rights are unaffected by these terms and
conditions.
General
information
To help us to help you, please carefully read
the following:
1. Some of our
customers call for technical information on components purchased from Ataman Trading
LTD. We will help wherever possible but please be patient, remember that we are
a whole sale distributor and not retail!
2.
Unfortunately, we cannot give technical support on OEM Software, etc.
3. All the specifications/Descriptions given on the site are subject to changes without notice and may be different from given in manuals of the product or on the manufacturer website.
Remember : If you call us with any of the above problems - its the next person
who can't get through...and that person could be you !!!
We are confident that these procedures will
enable us to offer you a better and speedier service. However, if you have any
queries please do not hesitate to contact us.
Thank You.