I-BUS UK LTD General
Terms and Conditions
In these conditions the following expressions shall have the following
(i) "The Company" shall mean I-Bus (UK) Ltd. I-Bus is a trading name of
I-Bus (UK) Limited.
(ii)"The Buyer" shall mean the person , firm or company placing the
(iii)"The Goods" shall mean any goods or materials or services
described on the order.
If the following conditions shall conflict or be inconsistent with the
terms or conditions contained, incorporated or referred to in any
document of the Buyer, then these conditions shall prevail unless
otherwise agreed in writing by the Company.
3 QUOTATIONS &
The prices, quantities and delivery times stated in any quotation shall
not be binding on the Company unless and until the Company has
confirmed in writing its acceptance of an order placed by the Buyer in
accordance with the quotation. The Buyer's order must be in writing and
contain sufficient information to enable the Company to proceed. Verbal
orders will only be accepted if confirmed in writing.
The Company reserves the
right to increase without notice, quoted prices after the date of the
Company's acceptance of an order to cover:
(a) Increases by suppliers to the Company.
(b) Extra cost incurred as a result of the cancellation, alteration or
rescheduling of orders due to the Buyer's instructions or lack of
(c) Currency fluctuations which increase the cost to the Company of
materials or goods imported into the United Kingdom.
All prices quoted
exclude VAT and all other taxes. Carriage is charged extra.
4 DATA REGARDING GOODS
Any data delivered to the Buyer concerning the goods is not to be
considered binding and constitutes only an approximate guide.
Specifications, drawings and other documents relating to the goods
remain the property of the Company and may not be transmitted to a
third party without the Company's written consent. All such documents
must be returned to the Company if no order is placed with it or if any
order is not accepted.
The specification for packing the products shall be entirely at the
discretion of the Company who shall have the right to pack all products
in such a manner and with such materials and in such quantities as it
in its absolute discretion thinks fit and shall not be obliged to
comply with any packaging instructions or requests of the Buyer.
6 DELIVERY & RISK
(a) The Buyer shall be bound to accept delivery of the goods by
instalment and shall not be entitled to reject delivery or part
delivery of the goods ordered. Defects in quality or dimensions of all
or part of the goods in any instalment shall not be a ground for
cancellation of the remainder of the order.
(b) The Company shall be under no liability for direct or consequential
loss in respect of delay or the consequences of any delay in full or
part delivery or for any failure to deliver caused by failure of the
Company's suppliers to meet their delivery dates, acts of war,
sabotage, insurrection, civil or other disorders, acts of an enemy
state, acts of Government or local authority, judicial action, labour
disputes and shortages, accident, fire, flood, explosions, storm or
other acts of God, lack of fuels, raw materials or machinery or
technical breakdown or by any other occurrence beyond the Company's
reasonable control. This clause applies to any of these causes
occurring either in the United Kingdom or in the country of origin of
(c) No order accepted by the Company can be cancelled or suspended by
the Buyer except with the consent of the Company in writing. The
Company shall have no liability for any consequential loss caused by
any cancellation or suspension of an order.
(d) Should delay in delivery be caused by the Buyer, the Company may
store the goods at the sole risk and expense of the Buyer and payment
of the parts may at the Company's discretion be due on the date on
which the consignment was ready for delivery.
(e) Unless acceptable specific instructions are received from the
Buyer, the Company shall select a suitable carrier for the goods.
Delivery of the goods in good condition to such a carrier constitute
delivery to the Buyer and the risk in the goods shall pass to the Buyer
at this point. Any mis-delivery, breakage or other damage shall
thereupon be the responsibility of the Buyer who may also be
responsible for obtaining and paying for insurance and carrying out
negotiations in the event of loss, mis-delivery, breakage or other
damage regardless of the fact that insurance may have been secured by
7 PROPERTY OF THE GOODS
(a) The Company will retain title of the delivered goods until these
have been fully paid for in accordance with the terms of this contract.
(b) If payment is overdue in whole or in part, the Company may (without
prejudice to any of its other rights) recover the goods or any of them
and resell them and may enter upon the Buyer's premises by its servants
or agents for that purpose.
(c) Payment shall be due immediately upon the commencement of any act
or proceedings in which the Buyer's solvency is involved.
(d) Until payment in full for all the goods delivered to the Buyer
being received by the Company, the Buyer shall hold the goods as bail
for the Company and if the Company so desires the Buyer is required to
store the goods in such a way that they are clearly the property of the
Company and further the Buyer shall not without the express consent of
the Company in writing be entitled to sell the goods on and/or
incorporate them in any other article and/or make use of them in any
other way including pledging or assigning the goods to a third party.
(e) In the event that the Buyer does sell the goods, whether
incorporated in another article or not, to a Sub-purchaser in
accordance with the preceding clause until payment in full has been
made to the Company, that part of the proceeds of sale which represents
the total payment due to the Company from the Buyer for the goods shall
be kept separately by the Buyer and belong to the Company and the
Company shall have the right to trace the proceeds in accordance with
the principles of re: Hallett's Estate 1880 13CH.D 696.
Our bank details: A/c No 01307334 Sort 30-93-97 Lloyds Bank, 4 West
Street, Havant, Hants PO9 1PE
(a) All orders are subject to credit approval before acceptance.
Payments shall be made within
30 days of the date of invoice without any deductions and the time
within which the Buyer is to pay for the goods shall be of the essence
of the contract. The Company reserves the right to make delivery
subject to immediate cash payment or to send the goods C.O.D.
(b) Bill of Exchange, Bankers Drafts and Letters of Credit shall be
accepted only by prior agreements in writing and the Buyer will be
liable for any discounting or bank charges incurred.
(c) If the Buyer is in default in making payment, the Company may
decline to make further deliveries without in any way affecting its
rights under, or repudiating the contract. If despite any default by
the Buyer, the Company continues to supply goods, this shall not
constitute a waiver or in any way prejudice the Company's legal
remedies for any defaults.
(d) If the Buyer is in default in making payment, the Company shall
without special notice and without prejudice to its right to claim
further damages, be entitled to charge compound interest at the rate of
2% per calendar month for the period the payment is overdue.
(e) Should the financial position of the Buyer deteriorate
significantly before payment is due, the Company shall be entitled to
demand immediate payment or security from the Buyer. Provided that the
financial position of the Buyer shall be deemed to have deteriorated
significantly if, but only if, any distress or execution shall be
levied upon the Buyer his property or assets or if the Buyer shall make
or offer to make any arrangement or composition with creditors or
commit any act of bankruptcy or if any petition or receiving order in
bankruptcy shall be presented or made against him or if any
distrainment order be made against him or if the Buyer shall be a
limited company any resolution or petition to wind up such company's
business shall be presented otherwise than for a reconstruction or
amalgamation or if a receiver of such company's undertakings or assets
or any substantial part thereof shall be appointed or if any deed of
assignment for a significant portion of such company's assets is
(f) The Buyer shall notify the Company immediately on the occurrence of
any of the events specified in the proviso to sub-clause (e) above.
(a) Patent Defects and Incorrect Deliveries: The Buyer shall inspect
the goods immediately on arrival thereof and shall within 14 days of
their arrival give notice to the Company of any defect in the goods or
any other matter by reason whereof he alleges that the goods are not in
accordance with the contract. If the Buyer fails to give such notice
the goods shall be deemed to be free of patent defects and in all
respects in accordance with the contract and the Buyer shall be bound
to accept and pay for them accordingly. If the Buyer gives such notice
and the delivered goods are proved to be defective, the Company shall
at its own discretion replace or repair the goods free of charge or
refund the purchase price and the Buyer shall have no further rights to
damages or otherwise against the Company.
(b) The Guarantee will not extend to faults caused by incorrect or
inappropriate use or handling of the goods, nor to any goods which have
been repaired or in any way altered without the consent of the Company
in writing, nor to any consequential loss including loss of data,
damage or expense howsoever arising.
(c) Goods returned to the Company under guarantee shall be returned at
the Buyer's expense and re-delivered to the Buyer at the Buyer's
(d) No other condition or warranty is made, given or to be implied as
to the quality, life or wear of the goods supplied or that they will be
suitable for any particular use or for use under any particular
conditions, notwithstanding that such purpose or condition may be known
or made known to the Company.
10 PARTIAL INVALIDITY
If and to the extent that any clause or clauses of these terms and
conditions of sale shall prove invalid the remaining provisions and the
contract shall remain valid and binding. Any invalid clauses shall be
renegotiated with the intention of replacing such clauses by new
provisions with similar economic implications. Such substituted
provisions shall be binding on both parties.
The failure of the Company to insist upon strict performance in any of
the terms and conditions stated herein shall not be considered a
continuing waiver of any such term or condition or of any other terms
12 PROPER LAW
The contract shall in all respects be construed and operate in
accordance with English Law and the Company and the Buyer hereby submit
to the non-exclusive jurisdiction of the English Courts.