(a) Task Systems Ltd. (hereinafter referred to as "the company") quote for and accept all orders subject to only the terms and conditions herein contained which are to the extent permitted by law to the exclusion of all other guarantees, conditions and warranties (including any as to quality or fitness for any particular purpose) whether express or implied by statute, common law or otherwise. In the event of customers' orders containing terms or conditions inconsistent with these terms of trading, the latter shall prevail.
(b) No addition or variation from these terms and conditions shall have effect unless the same is expressly accepted by the company in writing under the hand of a director of the company.
(c) The company's catalogues, price lists and other advertising matter shall not form part of any contract between the company and its customers. (d) The company reserves the right to modify designs and specifications with out prior notification.
Prices rule at date of delivery notwithstanding and quotations previously made.
All accounts are due for payment 14 days from the date on which the invoice was raised. At the company's discretion any allowance offered on an account will be disallowed if the account is not settled within the said period and further more without prejudice to the company's rights at law. Late settlement may be charged at 2.5% interest per month on a daily basis.
Although every effort will be made to fulfill delivery dates, no liability arising from delay is accepted by the company.
Non-delivery should be advised in writing to the company within 7 days of despatch date or date of invoice, whichever is the earlier. Shortages or damage to goods must be notified in writing within 3 days of receipt, but in these circumstances goods must have been signed for as damaged or un-examined.
Cancellation of non-stock items cannot be accepted and in any other events, only with the specific written consent of a director of the company provided always that if goods are dispatched from the company's premises prior to receipt of written notice requesting cancellation of order, handling and transportation costs will be charged.
Return of goods sent in accordance with customer's orders cannot be accepted unless a director of the company has agreed in writing to accept their return. The company recommends that customers arrange for goods return to be insured and carefully packed. When the company agrees to accept the return of goods, these must be returned at the customers expense, be in perfect condition and be subject to a 10% handling charge.
Where at the customer's request, special handling, packaging or transportation of goods is required; this will only be done at the customer's expense.
Risk on goods passes on delivery but title remains with the company unless and until all monies due from the customers are paid. The company reserves the right to recover and repossess goods and dispose of goods as it sees fit in the event of payment not being made pursuant to the terms hereof.
(a) The company will not be liable for consequential or indirect loss of any kind.
(b)The liability of the company in respect of the goods supplied under the contract is limited in all circumstances to the price of the goods.
(c) While every effort is made by the company to provide goods which are appropriate to the customer's needs, the company has relied on information supplied by the company as to its requirements and information provided by the equipment manufacturer as to the capabilities of the goods supplied and accordingly no warranty is given as to the capacity of the goods to perform in accordance with the customer requirements.