Terms and Conditions of Sale

1. Application – Unless otherwise previously agreed in writing between In 2 Components and its Customers, the following terms and conditions of sale shall apply to all sales of goods.
2. Prices – Price applicable to the sale of goods by In 2 Components to the Customer shall be the price ruling at the date of despatch. We therefore reserve the right to amend prices quoted at the date of order placement by notifying the customer prior to shipment.
3. Carriage – The company has sole discretion over the choice of delivery method and or sub contractor employed. Where a carriage charge is necessary this will be agreed with the customer prior to despatch of goods.
4. Date of despatch – The date of despatch is quoted without engagement, although every effort will be made to ensure that delivery dates are met. Under no circumstances will the company be liable for any loss arising from delay in despatch however caused. Time shall not be of the essence under these terms of sale.
5. Damage and loss of goods –
1. The company will not accept liability for any damage caused to goods unless notified within 24 hours of receipt.
2. In case of a non delivery the company accepts no liability unless written notice is given within 72 hours after date of advice of despatch.
3. The company’s liability for damage in transit or non delivery of goods where notified in accordance with sections 5 a & b shall in any event be limited to replacement goods within a reasonable time regardless of the circumstances leading to the claim.
6. Claims – Subject to the conditions laid down in section 5, all claims for goods alleged to be defective must be made in writing within 3 days after the date of delivery. Once notification is so received the company may require return of the goods or for the goods to be made available for inspection. Should the company be satisfied as to the defects then it retains the option to either replace the defective goods within a reasonable time or credit the customer with the agreed price. All defective goods so returned shall be the property of the company. Except as provided above, the company shall have no liability whatsoever arising out of any agreement to sell or sale of goods including claims for direct consequential or other loss, damage or expense, whether arising or alleged to arise under any warranty statement, conditional term expressed or implied, statutory or otherwise or in negligence or alleged negligence on the part of the company or otherwise. In no circumstances shall the company be liable for loss or damage in excess of the contract price.
7. Risk and Title –
1. Risk of loss of or damage to the goods shall pass to the Customer at the time of delivery.
2. The legal and beneficial ownership of the goods shall not pass to the customer until payment in full of all sums due and owing by the customer to the seller in respect of goods are paid in full.
3. If at the time when legal and beneficial ownership of the goods would otherwise pass to the customer under sub clause (b) of this clause sums are due and owing by the customer to the seller otherwise than in respect of the goods then legal and beneficial ownership of the goods shall not pass to the customer under that sub clause until payment in full of all such other sums has been made by the customer.
4. Until legal and beneficial ownership of the goods shall pass to it the customer shall hold the goods as bailee for the seller but shall be at liberty to transfer the legal and beneficial ownership of the goods at the normal course of trading. Pending legal and beneficial ownership passing to the customer, the customer shall keep the goods in good condition and in such manner that they can readily be identified as the property of the seller. Proceeds of any sale of the goods shall be paid into a separate bank account opened by the customer.
5. The whole of the price for the goods shall not be treated as paid until the cheque, bill of exchange or other instrument of payment has been received and cleared. The seller may sue for the whole of the price at any time after it has become payable.
6. Payments shall be applied to invoices in the order in which they were issued and to goods in the order in which they are listed in invoices save where the customer shall specify otherwise in writing to the seller at the time of payment. In the case of any doubt as to the order in which invoices were issued a certificate by any director of the seller as to the order in which they were issued shall be binding on the seller and the customer.
7. If the customer sells or disposes of the goods in the normal course of trading before the price is paid, the customer shall, subject to sub clause (h) of this clause, hold on trust for the seller.
1. if the goods had not been attached to other goods, the whole of the proceeds of sale;
2. if the goods had been attached to other goods, such proportion of the proceeds of sale of the sale of the goods represents the cost to the Customer of the goods supplied by the seller attached thereto.
8. The trust declared in sub clause (g) of the clause shall be void if and to the extent that a trust in the like terms arises by operation of law in favour of the seller. The customer hereby irrevocably appoints the seller as its attorney for the purpose of perfecting the sellers title to any such proceeds of sale referred to in sub clause (g) of this clause.
9. The customer shall not:
1. pledge the goods or documents of title thereto to allow any lien to arise thereon;
2. deal with or dispose of the goods or documents of title thereto or any interest therein otherwise than in the normal course of trading.
10. If the Customer defaults in the punctual payment of any sum owing to the seller then the seller shall be entitled to the immediate return of all goods sold by the seller to the customer (or the documents of title thereto) in which the legal and beneficial ownership has not passed to the customer, and the customer hereby authorises the seller to recover the goods or documents and to enter any premises of the customer for that purpose, Demand for or recovery of the goods or documents by the seller shall not in itself discharge either the customer’s liability to pay the whole price and take delivery of the equipment or the seller’s right to sue for the whole of the price.
11. If any provision or part of the clause should be held unenforceable or in conflict with the law of any jurisdiction any part so held unenforceable or invalid shall be severed from this clause and the enforceability and validity of any other parts or provisions of this clause shall not be affected by such severance.
8. Payment – For the purpose of this clause the payment due date shall mean the date of the invoice plus the agreed payment terms of 30 Days unless otherwise agreed in writing in advance. The company reserves the right to levy a charge of 2% of the invoice value per month from the due date to the date of receipt of outstanding amounts.
9. Interpretation – All agreements made between In 2 Components and the Customer shall be subject to and governed by the domestic law of England.