MODU EXHIBITIONS LTD CONDITIONS OF SALE
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The Contract shall be on these Conditions of Sale to the exclusion of any and all other terms.
2. ORDERS AND QUOTATIONS
Our tender/ quotation is open for acceptance within the period stated therein or, if no period is stated, within thirty days of its date.
3.1 We will make good, by repair or the supply of a replacement, defects which appear in the goods within a period of six (6) calendar months after the goods have been delivered and which arise solely from faulty design, materials or workmanship. This Guarantee is conditional upon the Goods being stored in a dry environment and generally stored and handled In accordance with our recommendations which are available on request.
3.2 This Guarantee is our sole and exclusive liability for any defects.
If we do not receive forwarding instructions sufficient to enable us to despatch the goods within fourteen (14) days after the date of notification that they are ready for despatch, you shall take delivery or arrange for storage. If you do not take delivery or arrange for storage, we shall be entitled to arrange storage on your behalf and all charges for storage and/or for insurance shall be payable by you.
5. TIME OF DELIVERY/PERFORMANCE
5.1 We will deliver the goods within the time agreed. In the event of any delay we will pay or allow you liquidated damages at the rate specified in the tender/quotation.
5.2 Where delivery is delayed by lack of instructions from you for a period of seven days after you have been notified that the goods are ready for despatch, the goods shall be deemed to have been delivered.
5.3 Any claims for shortage or damage in transit or non-delivery will not be accepted unless we are notified in writing within three (3) days of the date of despatch.
6. LIMITATION OF LIABILITY
We will not be liable whether by way of indemnity or breach of contract or tort (including negligence) for any loss of contracts, loss of use or loss of revenue. For all other liabilities save for personal injury of death resulting from our negligence, (or that of our employees or agents) our aggregate maximum liability under the Contract shall not exceed the price in our tender/quotation.
7.1 Payment terms shall be In accordance with our quotation.
7.2 No set-off against due payments shall be permitted unless agreed by Us in writing.
8. RISK AND OWNERSHIP OF GOODS
8.1 The risk of loss or damage to goods shall be transferred to You from the date of delivery but title in the goods shall not pass to You until all monies owing to Us in respect of the goods been paid in full.
8.2 Where goods are in Your possession they shall be held as fiduciary bailee for Us but at Your risk, and they must be stored separately from other goods and clearly marked as being Our property.
8.3 You shall be entitled in your own name to sell, in the ordinary course of business, goods which remain Our Property and shall do so as Our agents. Pending payment in full for all goods supplied under the Contract by Us the proceeds of any such sale shall be Our property, and You shall pay such proceeds into a separate account at Your Bank and shall be accountable to Us for all goods sold and the proceeds of their sale.
8.4 Your power of sale shall be determined automatically, if a receiver is appointed over any of Your assets or a winding up order is made against You or of You go into voluntary liquidation, or commit any act of Bankruptcy.
9. LEGAL CONSTRUCTION AND DISPUTES RESOLUTION
9.1 This contract shall in all respects be construed and operate in accordance with English law.
9.2 If the event of any question, difference or dispute arises in connection with the Contract, either party may give the other written notice of the existence of such question, dispute or difference. If the parties are unable to resolve the dispute within 30 days of such notice, the dispute shall be referred to arbitration by a person to be appointed upon application by either party to the President for the time being of the Chartered Institute of Arbitrators.