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Terms and Conditions:

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DIAMOND ELECTRONICS LIMITED

trading as:

 www.electroniccomponents.uk.com

Online Terms and Conditions of Trading (& Rules of Membership)

 In these Terms and Conditions, the following words have the following meanings:

The Company   -  Diamond Electronics Limited registered in England No:1374438 trading as   www.electroniccomponents.uk.com whose registered office and place of business is situated at Fourways Technology Park London Road Smallwood Sandbach Cheshire United Kingdom CW11 2US Telephone +44 (0) 1477 500450

Goods               -   All/any Goods/Services offered for sale by the Company

The Customer   -   Any third party or parties who order or purchase Goods from the Company.

1.         GENERAL

(1)        These Terms & Conditions (which may be amended from time to time) apply to Goods provided by the Company and specifically exclude any other terms and conditions the Customer may seek to impose
(2)        Acceptance in full of these Terms and Conditions by the Customer is a condition precedent deemed agreed by the Customer before the Company processes any quotation or accepts any order from a Customer
(3)        No alteration, waiver or modification of these Terms and Conditions shall be valid unless countersigned by the Chief Executive or a Director of the Company.

2.         QUOTATIONS

(1)        The Company’s quotations are valid for a period of 48 hours (excluding weekends and national holidays) from the date of the quotation

3.         PRICE AND PAYMENT

(1)        All quotations and orders are accepted subject to the availability of the Goods at the time
            and date the order is received by the Company
(2)        Unless otherwise specified, prices quoted are exclusive of UK VAT
(3)        Payment must be paid Pro Forma and may be made by Visa MasterCard or Electronic Funds Transfer direct to the Company’s bank. Customers should indicate their preferred method of payment when raising an initial enquiry which should then be confirmed when placing their formal order together with sufficient details when a Credit Card is used to make payment.

4.         DATA REGARDING GOODS  

1. All Goods are supplied by the Company to the Customer according to data sheet specification and the Customer must use the Goods according to the specification.  The Company will not accept responsibility for any defects caused by the Customer’s use of the Goods outside their specification.
2. The Company does not warrant the accuracy of any data supplied to the Customer by the Company, its suppliers or agents.

 

5.         GOODS 

If between the date of acceptance of the order and the date of delivery the Company or their suppliers adopt any changes in construction or design of any Goods, the Customer will accept the Goods as modified.  The serial number shown on any Goods is not part of the description of the Goods and is included solely for the Company’s purposes.

 

 

6.         QUALITY

(1)        Save as provided by the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982 or any other superseding statutory provision, the Company will not accept liability for any defects in the Goods.
(2)        Notwithstanding Paragraph (1) above, the Company will only accept liability for any defect provided:-
(i)         The Customer inspects the Goods immediately upon delivery and gives written notice to the Company of the alleged defect, such notice to be received by the Company within seven days of delivery of the Goods.
(ii)        The Customer affords the Company a reasonable opportunity to inspect the Goods and if so requested by the Company and at the Company’s discretion returns a sample or all the allegedly defective Goods to the Company carriage pre-paid for inspection to take place there, or to the original supplier for testing and if appropriate, a Return Authorisation Number..
(iii)       The Customer makes no further use of the Goods that are alleged to be defective after the time at which the Customer discovers or ought to have discovered that they are defective.
(3)        Notwithstanding Paragraphs (1) and (2) above the Company will not be responsible for:-
             (i)         Defects caused due to compliance by the Company with the Customer’s own instructions.
             (ii)        Defects caused by the incorrect operation or handling by the Customer of the Goods.
             (iii)       Defects caused by the Customer using the Goods outside their specification or outside and published performance data.

(4)        If the Company is of the opinion that any Goods are defective the Company may at its opinion:-
             (i)         Replace the Goods;  or
             (ii)        Take such steps as the Company deems necessary to bring the Goods into a state where they are free from such defects;  or
             (iii)       Issue either a partial or a full refund or credit note for the appropriate part of the purchase price, provided that the liability of the Company will not exceed the purchase price of the Goods.
            
Performance of any of the above options will constitute an entire discharge of the Company’s liability under this warranty.

(5)        The Company will not accept the return of the Goods without written authorisation signed by a duly authorised officer of the Company.
(6)        Any Goods returned by a Customer to the Company must be returned in their original packaging and damage to the Goods in transit thought to be caused by inadequate packaging will be borne solely by the Customer.

7.         PERFORMANCE IN INSTALMENTS

The Company may perform in installments and each installment will be deemed to be a separate contract and no failure of nor delay in any installments nor any defect in the content thereof will entitle the Customer to treat the Contract as repudiated with regard to any remaining installments.

8.         DELIVERY

(1)        Every effort will be made to keep to any date specified for delivery but the Company accepts no liability in case of failure to so.  The Company will not be liable to make good any damage or loss arising directly or indirectly out of delay in delivery whether or not such delay is caused by the fault of the Company.             
(2)        Unless acceptable specific instructions are received from the Customer, the Company may select a suitable carrier for the Goods.  Delivery of the Goods to the carrier will constitute delivery to the Customer and the risk in the Goods shall pass to the Customer at this point.
(3)        If the Goods are to be collected by the Customer from the Company the risk therein shall pass to the Customer as soon as the Customer or agent has taken possession of the Goods.
(4)        The specification for packing the Goods will be entirely at the discretion of the Company who may pack the Goods in such manner and with such materials and in such quantities as it in its absolute            discretion thinks fit and will not be obliged to comply with the packaging instructions or requests of the Customer.
(5)        If for any reason the Customer is unable to accept delivery of the Goods at the time when they are due and ready for delivery, the Company may, if its storage facilities permit, and  at the Customer’s sole risk store the Goods and the Customer will be liable to the Company for all reasonable costs (including insurance, transport and administration costs) thereby incurred.  This provision is without prejudice to any other claim which the Company may have in respect of the Customer’s failure to take delivery at the appropriate date.
(6)        The Company will not be liable:-
             (i)         For any delay deviation loss or detention of the Goods in the course of transit or for   mis-delivery or short delivery.                                     
             (ii)        For non-delivery or non-arrival of the whole or part of any consignment of Goods.
             (iii)       For non-delivery caused by delay in the Company receiving the Goods from its supplier.
(8)        Carriage will be charged according to those set out in the Company’s Quotation

9.         PROPERTY

(1)        Property in the Goods will remain with the Company until payment in full of all or any part thereof

(2)        Risk shall pass to the Customer with possession of the Goods.

10.       EXCLUSIONS

(1)        Save where the same cannot be excluded by statute:-
             (i)         All conditions and warranties expressed or implied are hereby expressly excluded.
             (ii)        The Company will be under no liability for any loss or damage howsoever caused which arises in respect of indirect or consequential loss or damage.
             (iii)       The Company will be under no liability for any loss or damage howsoever caused which arises in respect of the Customer’s liability to a third party whatsoever.
             (iv)       Without prejudice to any other term or condition,                the Company will be under no liability for any loss or damage of whatever kind howsoever caused or arising unless the same is due to its willful default.
(2)        Without prejudice to the generality of sub-paragraph (1)               hereof all advice and recommendations given by or on behalf of the Company to the Customer as to the method of storing, applying or using the Goods, the purpose for which the Goods may be applied and the suitability of using the Goods in any manufacturing process or in conjunction with any other materials are given without liability on the part of the Company, its servants or agents.
(3)        In the event that notwithstanding the provisions of sub- paragraphs (1) and (2) hereof, the Company is found liable for any loss or damage, that liability will in no event exceed £1,000.

11.       FORCE MAJEURE

(1)        The due performance of the Contract is subject to cancellation or variation by the Company as a result of any act of God, war, riot or civil dispute, strikes, lock-outs or other labour dispute, fire, flood, drought or accident, legislation requisitioning or other act or order by any government department or other duly constituted authority or any other cause whether of the foregoing classes or not beyond the Company’s control.  In such event no liability will attach to the Company by reason of cancellation or variation of any contract, and the Company may apportion its available Goods and Services among its Customers as it thinks fit.
(2)        Completion of the Contract may be wholly or partially suspended and the time of suspension added to the original Contract in the event of stoppage, delay or interruption of work in the establishment of the Company or any of its suppliers before or during the delivery period as a result of any of the causes set out above or any causes whatsoever beyond the control of the Company.

12.       MISREPRESENTATION

Any error, omission, misrepresentation or misstatement in the Agreement or in the course of negotiations leading thereto will not entitle the Customer to rescind the Agreement nor will the Customer be entitled to any damages or compensation in respect thereof.

13.       WAIVER

The Company’s rights and remedies will not be prejudiced by any indulgence or forbearance to the Customer and no waiver by the Company of any breach by the Customer will operate as a waiver of any subsequent breach.

14.       EFFECT OF LEGISLATION

The unenforceability or invalidity of any clause or sub-clause of the Conditions will not affect the enforceability or validity of the remainder and if any of these Conditions or any part of one of them is rendered void voidable or unenforceable by any legislation to which it is subject it will be void, voidable or unenforceable to that extent and no further.

15.       PROPER LAW

The construction, validity and performance of this Contract will be governed by the Law of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.  The paragraph headings herein are only aids to reference and will not affect the construction of these Conditions.

www.electroniccomponents.uk.com