GENERAL CONDITIONS OF SALE
ScandiMoss is a brand of the entity CapitalSoft Serv SRL, VAT RO41504293 registered with the unique company identification number 38770988 according to EU regulation, with a fiscal location of Bucharest, Romania, Valea Argesului, No.2, Sect. 6, 061934.
ScandiMoss brand is operating across entire space of the EU and other countries to which shipping can be provided.
Unless otherwise agreed in writing by Capital Soft Serv Ltd (hereinafter called ‘the Company’) these Conditions shall supersede any earlier sets of conditions of sale appearing in catalogues or elsewhere and shall override any terms or conditions stipulated or incorporated or referred to by the intending purchaser to whom this quotation is addressed (hereinafter called ‘the customer’) whether in an order or in the course of negotiations or at any time.
Where goods are to be maintained by the Company, the customer shall, if required to by the Company, forthwith enter into a Services Agreement incorporating the terms set out in the agreement contained in the First Schedule hereto.
If, for whatever reason, the customer does not enter into a Maintenance Agreement or Hire and Maintenance Agreement (as appropriate) the contract entered into with customer for the maintenance or the hire will nonetheless be deemed to be subject to the terms of the appropriate agreement as contained in the Schedules hereto.
TERMS OF PAYMENT.
Payment is strictly bank transfer in Euros , or Paypal or Trasfwise to the company multi-currency account in any other currency based on the client country. Frames payment will always be settled upfront while for larger bespoke projects 50 % of the work upfront to be used for materials purchase, and 50% on Date of Reception (as hereinafter defined) .In case of payment delays default of which interest shall be charged on outstanding monies at the rate of 2% per month on a daily basis on any sum outstanding from the date when the same becomes due until the date of actual payment and the outstanding invoice will further be subject to a surcharge of £25 to cover administration costs. Terms of payment shall be strictly observed by the customer and the time for payment shall be of the essence of the contract.
It is a condition of acceptance of any order that due to possible fluctuations in the price of raw materials the goods are charged for by the Company and paid for by the customer at the price ruling at the date of invoicing and the responsibility remains with the customer to ascertain whether the prices in his possession are valid at the time of invoicing. Prices for goods do not include Value Added Tax which shall be payable as needed by the customer in addition to the price of the goods.
The word ‘Shipment start date” shall be understood throughout these Conditions to mean the point in time at which the goods have been handed over to the courier for shipping to the address of destinarion.
The word “Delivery’ shall be understood throughout these Conditions to mean the point in time and place at which the goods pass(ed) from the hands of the Company into the hands of the customer or of his carrier or of any other party acting on his behalf.
The customer should examine the goods on Delivery, and before installation for any obvious damage and any claims must be communicated to the Company and the carrier (where used) in writing within two days of Delivery arrival. Any other claim that the goods are not in conformity with the customer’s order must be communicated to the Company within two days of Delivery. If the customer fails to give notice in accordance with this clause, goods of the quality and quantity required by the customer shall be deemed to have been delivered to the customer and the customer shall be bound to pay for the same.
Where the client is decided to install the wall themselves, The Company is not liable for any damage, breakage that is done to the products, nor the thereafter damages in case the installation is not properly handled.
LIMITATION OF LIABILITY.
Subject as expressly provided by clause 5 hereof and except where the goods are sold to a person dealing as a consumer within the meaning of the Unfair Contracts Terms Act 1977 all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
Where goods are sold under a consumer transaction as defined by the Consumer Transactions (Restrictions on Statements Order 1976) the statutory rights of the customer are not affected by these conditions.
Except in respect of death or personal injury caused by the Company’s negligence the Company shall not be liable to the customer 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 of profit or otherwise) costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the goods or their use by the customer, except as expressly provided in these conditions.
Without prejudice to the above, where the Company provides any flame retarding treatments or supplies any flame retardant plants or materials the Company gives no guarantee or warranty as to the flame retardant properties of the said products and the customer should satisfy himself as to their flame retardancy.
The risk of any loss or damage to or deterioration of the goods from whatever cause arising shall pass to the customer upon Delivery of the goods but the goods shall remain the sole and absolute property of the Company as both legal and equitable owner until such time as the customer shall have paid to the Company the agreed price together with the price of any goods the subject of any other contract with the Company. Until such time as the customer shall become the owner of the goods he will be a bailee of them only and will store them at his premises separate from his own goods and those of any other person and in a manner which makes them readily identifiable as the goods of the Company and will not amalgamate, conjoin or in any way mix the Company’s goods with other goods either of the customer or of any other person. The Company may at any time prior to the customer becoming the owner of the goods enter upon the premises where they are stored or where they are reasonably thought to be stored and may repossess the same.
THIRD PARTY LIABILITY
The customer will indemnify the Company insofar as the law permits against any claim which arises from or in connection with the supply of goods whether such liability arises by reason of the Company’s negligence or its breach of contract or its breach of statutory duty or by whatsoever means any such liability may arise.
DESCRIPTION. Dimensions, weights and descriptions of goods stated in any quotation, order, catalogue or circular are approximate only and are not binding as to detail.
DELIVERY DATE. Any date of Delivery mentioned by the Company is an estimate only and the Company shall not be liable for any consequence of delay howsoever caused.
CANCELLATION. The Company reserves the right to cancel an order if after acceptance the goods set aside for such order are destroyed or damaged beyond repair and cannot be replaced. No order may be cancelled or varied by the customer without the written consent of the Company. The giving of such consent shall in no way prejudice the Company’s right to recover from the customer compensation for any loss or expense arising from such cancellation or variation.
TERMINATION. If the customer becomes insolvent or has a receiver appointed to his property or makes default in or commits breach of the contract, the Company may forthwith on written notice to the customer terminate the contract without incurring liability to the customer and without prejudice to the Company’s rights and remedies which have occurred up to the date of termination. Without prejudice to any other rights which it may have hereunder in the event of termination of the contract pursuant to the provisions of this clause the Company shall be entitled to retain any deposit monies paid by the customer.