STANDARD TERMS AND CONDITIONS FOR THE SALE OF GOODS
|“Business Day”||means any day other than a Saturday, Sunday or bank holiday;|
|“Buyer”||means the person who accepts a quotation or offer of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller;|
|“Contract”||means the contract for the purchase and sale of the Goods which shall incorporate, and be subject to, these Terms and Conditions;|
|“Contract Price”||means the price stated in the Contract payable for the Goods;|
|“Delivery Date”||means the date on which the Goods are to be delivered as stipulated in the Buyer’s order and accepted by the Seller, as evidenced in the Contract;|
|“Goods”||means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with the Contract;|
|“Month”||means a calendar month; and|
|“Seller”||means Vital Electronics Limited, a company registered in England under 13500938 of 59-61 Knowl Piece, Hitchin, Hertfordshire, SG4 0TY and includes all employees and agents of Vital Electronics Limited.|
but the Seller shall have no further liability to the Buyer in respect thereof and the Buyer may not reject the Goods if delivery is not refused or notice given by the Buyer as set out above.
Neither Party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
The Parties agree that no failure by either Party to enforce the performance of any provision in these Terms and Conditions or under the Contract shall constitute a waiver of the right to subsequently enforce that provision or any other provision. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
The Parties agree that, in the event that one or more of the provisions of these Terms and Conditions or the Contract are found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (and, by extension, the Contract). The remainder of these and the Contract shall be valid and enforceable.
A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.