STANDARD TERMS AND CONDITIONS OF SALE
Definitions
“AMKET”
Amket Limited
“(The) Buyer” The person or company purchasing products/services
from AMKET
“(The) Product” The product or service subject to a contract
of sale
“(The) Order” The order
placed by the Customer for the supply of product/service
Orders
All orders are deemed to have been
made by the Customer and accepted by AMKET upon and subject to these Terms and
Conditions of Sale which are complete and exhaustive and override all other
dealings between the parties.
Orders must be received in writing
or by e-mail.
AMKET reserves the right to make
partial deliveries on orders.
Prices
AMKET shall establish the prices to
be charged to the Customer for the product/service and forward a quotation by
e-mail, verbally or in writing to the Customer. This quotation is subject to change where AMKET supplier
increases the price of the product during period of time between initial
quotation and eventual order. All
increases in AMKET price will be agreed with Customer before order is processed.
Payment
Credit Customers shall make payment
in full by cheque, bank transfer or credit card within 30 (thirty) days of
invoice date. Non-credit Customers
shall make payment in full with order either by cash, cheque, bank transfer or
credit card.
Goods remain the property of AMKET
until invoice is paid in full.
AMKET reserves the right to defer
without penalty delivery of any Product which has been ordered by the Customer
so long as any amounts remain overdue for payment or any credit limit is
exceeded.
Warranties
and Liability
Subject to
the conditions set out below, AMKET’s liability in respect of any defects in
Products sold by AMKET shall be limited to passing to the Buyer the benefit of
any guarantee or warranty given by the manufacturer/supplier of such Products
for such period as is given by the manufacturer/supplier. Where AMKET is unable to assign the benefit of
a manufacturer’s warranty or guarantee to the buyer. AMKET warrants that the
products will be free from defects in material and workmanship for a period of
3 (three) months from the date of delivery of the products. AMKET shall
be under no liability in respect of any defect arising from fair wear and tear,
willful damage, negligence, abnormal working conditions, failure to follow
AMKET’s or manufacturers’ instructions (whether oral or in writing), failure to
maintain or service the Products or any goods in which they are incorporated in
accordance with any manufacturers’ recommendations, misuse or alteration or
repair without AMKET’s approval;
AMKET shall
be under no liability under the above warranty (or any other warranty,
condition or guarantee) if the total price for the Products has not been paid
by the Buyer; AMKET shall be under no liability under the above warranty (or
any other warranty, condition or guarantee) if the manufacturer’s or AMKET’s
seals, barcodes and/or serial numbers have been removed. Subject as expressly
provided in these conditions, and except where the Products are sold to a
person dealing as a consumer all warranties, conditions or other terms implied
by statute or common law are excluded to the fullest extent permitted by
law.
Where the
Products are sold under a consumer transaction, the statutory rights of the
Buyer are not affected by these conditions.
Where any
valid claim in respect of any of the products which is based on any defect in
the quality or condition of the products or their failure to meet specification
is notified to AMKET in accordance with these terms, AMKET shall be entitled to
repair or replace the Products or any part thereof free of charge or, at
AMKET’s sole discretion, refund to the Buyer the price paid for the Products,
but AMKET shall have no further liability to the Buyer.
AMKET shall
not be liable to the Buyer by reason of any representation, or any implied
warranty, condition or other term, or any duty at common law, or under the express
terms of the Contract, for any consequential loss or damage (whether for loss
or profit or otherwise), costs, expenses or other claims for consequential
compensation whatsoever (and whether caused by the negligence of the seller,
its employees or agents or otherwise) which arise out of or in connection with
the supply of the products or their use or resale by the Buyer, except as
expressly provided in these conditions. AMKET’s liability in respect of any
defects shall thus be limited to the price paid by the Buyer for the Products
in question and shall continue for a period of 3 (three) months after delivery
of the Products
Manufacturer’s
Warranty
If
manufacturer’s warranty on the unit to which the part is being fitted has not
expired, the installation must be conducted by the Manufacturer's Authorised
Service Partner in order not to invalidate the remaining warranty coverage. If
you have any doubts as to the warranty status of your unit before installation
please refer to your original purchase documentation.
Other
AMKET will not
accept any claim for compliance failure of the Products at any time after their
installation by the Buyer (or as the case may be the Buyer’s agent(s)).
All third
party software, hardware, firmware, communications or network equipment,
peripherals and consumables are excluded from the scope of this warranty.
Notwithstanding
the above, AMKET’s entire liability arising from any such compliance failure
shall be limited to the price paid by the Buyer for the Products and shall not
extend to any loss or consequential damage howsoever caused.
No variation to these terms shall be effective or binding on
AMKET unless agreed in writing in advance by the Managing Director (from time
to time) of AMKET.