OFFICE PHONES DIRECT (OPD)
STANDARD TERMS AND CONDITIONS OF SALE
1. General
OFFICE PHONES DIRECT (OPD) accepts orders and sells telecommunications products only in accordance with the terms and conditions contained herein unless specifically agreed to the contrary in writing by an authorised representative of OPD. Notwithstanding any contrary provisions that Purchaser may propose, OPD’s acceptance of any order is conditional upon Purchaser’s assent to the terms and conditions contained herein.
2. Prices and Charges
The prices set forth for all products (systems, system component parts, accessories, materials or services) that will apply to any order shall be expressed in Pounds Sterling or any other such currency as may be agreed in writing between OPD and Purchaser at the time and date of order.
The prices set forth include provision for normal packaging in accordance with standard commercial practice but any additional costs incurred for specific packaging expressly requested by Purchaser shall be charged to Purchaser. When requested by OPD, Purchaser shall also be responsible for freight, transportation, insurance, shipping, storage, handling, demurrage, brokerage, import taxes and duties an all similar charges.
3. Terms of Payment
Unless credit arrangements between OPD and the Purchaser have been established, all payments for products ordered shall be made prior to shipment or, if at the time of delivery, by irrevocable letter of credit, credit card of direct debit arrangement.
Where credit arrangements have been established, and unless expressly agreed otherwise, payment shall be made so as to be received by OPD thirty days after invoice date. Overdue accounts may be charged interest at the levels permitted by law and any costs incurred by OPD to recover overdue monies owing to OPD shall be charged to Purchaser.
4. Delivery
Delivery of all products shall be F.O.B. OPD’s distribution point. Title and risk of loss or damage shall in all cases pass to Purchaser upon delivery of the ordered products by a common carrier or other delivery agency to a delivery point designated by Purchaser. It shall be the responsibility of Purchaser to notify OPD of any loss or damage occasioned to the products while in transit within twenty-four hours of the delivery of the products to Purchaser. Dates of delivery are estimates based upon OPD’s best judgement but are neither a guarantee nor a warranty of a particular date or time.
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5. Notice of Claims – Out of Box Failure
Immediately upon receipt of the products, Purchaser shall inspect the products for any defects and all claims for defects discoverable upon inspection must be notified in writing to OPD within ten business days of receipt of the products and the products returned to OPD, together with original packing.
6. Force Majeure
While OPD shall make every reasonable effort to meet indicated shipment date or dates, OPD shall not be liable for any loss, cost, expense or damage due to delays resulting from any cause beyond its reasonable control including but not limited to compliance with any Government law or regulation, acts of God, acts of civil or military authority, judicial action, priorities, labour disputes, failure or delays in transportation, embargoes, wars, riots, production or engineering delays or inability of OPD or its suppliers to secure adequate materials, manufacturing facilities or labour. In the event of any delay due to such causes or other difficulties, whether or not similar in nature to any of those enumerated, the delivery dates shall be extended for a period equal to the extent of the delays so incurred.
7. Taxes
Prices quoted are exclusive of customs duties and other taxes. In the event that OPD is obligated to pay any duties or taxes to ensure delivery of ordered products then any such costs shall be charged to and recovered from Purchaser.