EJBC Chartered Accountants Sale of Goods Terms and Conditions

A. Definitions

• A.1 "You" means the person who accepts a quotation of EJBC Chartered Accountants or whose order for the Goods is accepted by EJBC Chartered Accountants.
• A.2 "Us", “We” and “Our” means EJBC Chartered Accountants, a trading name of E.J.Business Consultants Ltd.
• A.3 "Conditions" means the conditions of sale set out in this document.
• A.4 "Good" or "Goods" means the goods which we are to supply in accordance with these Conditions.
• A.5 "Writing" includes facsimile transmission, email and other comparable means of communication.

Conditions

1. These conditions shall apply to all contracts for sale of Goods by us to you to the exclusion of all other terms and conditions including any which you may purport to apply under any purchase order, confirmation of order or any such similar document.
2. No variation or addition to these Conditions shall be effective unless agreed in Writing by us.
3. Our employees are not authorised to make any representations concerning the Goods unless confirmed by us in Writing and in entering into the contract you acknowledge that it does not rely on any such representations which are not so confirmed.
4. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part and without any prior notification. The views and opinions on our website are the views of the contributors and should not be taken necessarily as fact or as our opinion.
5. No contract for the sale of Goods shall arise until we or the Manufacturers despatch the Goods to you or you notify us in writing of your acceptance of our quotation (whichever shall first occur).
6. Acceptance of delivery of Goods shall be deemed conclusive evidence of your acceptance of these Conditions.
7. Nothing in these Conditions shall affect the statutory rights of any consumer.

Prices

1. The price shall be that on our current list price or as otherwise agreed in writing by us and you should confirm prices (including any promotional prices and special offers) at the time of ordering.
2. We reserve the right to revise prices prior to despatch of Goods to reflect any indirect or direct increase in costs to us, but if the price has been paid in full prior to despatch no price revision may take place without the prior written agreement of you.
3. All prices are in British Sterling, exclusive of VAT and charges for packing, postage and carriage (plus VAT) shall be paid in addition.

Payment

1. Payment must be made in full before despatch of any Goods.
2. Payment may be made by visa, mastercard, switch/solo, JCB, Amex, BACS, Chaps, Cheque.
3. Receipts for payment shall be issued on request.

Availability and Delivery

1. Whilst every reasonable effort shall be made to keep to any estimated delivery date, time of delivery shall not be of the essence and we shall not be liable for any losses, costs, damages or expenses incurred by you or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date. The Goods may be delivered by us or the Manufacturer of the goods directly, in advance of the quoted delivery date upon giving reasonable notice to you.
2. Notification of delivery may be made by telephone call/message, email, fax or by post on the due date.
3. A carrier’s first attempt to deliver shall be considered as the delivery date.
4. Unless otherwise agreed we or the Manufacturer may deliver by instalments and in such case each instalment shall be treated as a separate contract and any delay, default or non-delivery in respect of any instalment by us or the Manufacturer shall not entitle you to cancel the remainder of the contract.
5. Delivery of the Goods shall be made to your UK address only and you shall make arrangements as necessary to take delivery of the Goods whenever they are confirmed for delivery.
6. If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control) then, without prejudice to any other right or remedy available to us, we may:
7. Store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; or sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the contract or charge you for any shortfall below the price of the contract.
8. The method of despatch for all sales shall be at our discretion.

Risk and Ownership

1. The risk in Goods shall pass to you upon delivery of the Goods or upon the Goods being appropriated to you but kept at our premises at your request.
2. We remain the owner of the Goods affected by the contract until we have been paid in full in cleared funds for such Goods and all other Goods agreed to be sold by us to you for which payment is due.
3. In the event of a payment made by you for goods by Credit card is reversed by the credit card company, commonly referred to as a ‘Chargeback’ whether this action was acted on your instructions or not, please be aware that the legal ownership of the Goods shall pass back to us. Under these circumstances, you shall hold the Goods as our fiduciary agent and shall keep the Goods separate from your own and third parties properly stored, protected and insured and identified as our property.
4. If any payment due under these Conditions is overdue in whole or in part, we may without prejudice to any of its other rights recover and/or re-sell the Goods or any of them and may enter on your premises by our servants or agents to recover the Goods and you shall be liable for all our costs of so doing.
5. You shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain our property. If you do so all moneys owing by you to us shall (without prejudice to any other right or remedy of us) immediately become due and payable.

Warranties and Liabilities

1. Subject to the conditions set out below we warrant that the Goods will at the time of delivery correspond to the description given by us.
2. The above warranty is given by us subject to the following conditions:
3. We shall not be under liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Manufacturer’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without our written approval;
4. Where the Goods are covered by manufacturer's warranties, details of which will be supplied to you on delivery of the Goods you shall only be entitled to the benefit of such warranties or guarantees as are given by the manufacturer to us.
5. Subject as expressly provided in these conditions and except where you are dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, section 12) all warranties, conditions, or other terms implied by statute, common law or otherwise are excluded to the fullest extent permitted by the law.
6. Where Goods are sold to a consumer (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) your statutory rights are not affected by these Conditions.
7. Except in respect of death or personal injury caused by our negligence, we shall not be held responsible for any incompatibility issues or held liable to you by reason of any representation (unless fraudulent) or any implied warranty, condition, or other term or any duty at common law or under the express terms of the contract, for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (caused by our negligence) which arise out of or in connection with the supply of the Goods or their use or resale by you including, without limitation, losses or damages of the following types: loss of profit; and/or loss of anticipated savings loss of business and/or goods and/or loss of revenue and/or loss of contract and/or loss of goodwill and/or loss of use and/or loss and/or corruption of data and/or other information and/or downtime and/or any damage relating to the procurement by you of any substitute hardware or software.
8. Our entire liability under or in connection with the contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.

Returns/Cancellations/Replacements

1. Subject to Consumer Protection Clause, no contract shall be cancelled once accepted by us nor shall any Goods which are delivered in accordance with the contract be returned without our prior written approval and on terms to be determined at our absolute discretion.
2. Unless we at our discretion decide otherwise, if we agree to accept the return of any such Goods then:
3. A Goods return number must be obtained from us and be clearly shown on the returned parcels and must be returned in the original manufacturer's packaging (which shall not be defaced) complete with accessories, manuals and documentation. Software packages must be returned unopened with the software seal intact. Except in the case of faulty Goods, returned items not complying with these requirements will be rejected.
4. You will be liable for the cost of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the Goods being inadequately packaged by yourselves or through the your fault.
5. Where we accept the return of Goods, we reserve the right to make a handling and restocking charge of 25% on Goods which are returned if they were ordered in error or are no longer required by you.
6. Any claim by you which is based on any defect in the quality or condition of the Goods or their failure to correspond with the specification shall (whether or not delivery is refused by you) be notified to us within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused and you do not notify us accordingly, you shall not be entitled to reject the Goods and we shall have no liability for such defect or failure, and you shall be bound to pay the price as if the Goods had been delivered in accordance with the terms of the contract.
7. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or conditions of the Goods or their failure to meet specification is notified to us in accordance with these conditions, we shall be entitled to replace the Goods (or any part thereof) free of charge or at our sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but we shall have no further liability to you.
8. We shall not give any credit for returned Goods where we deem the Goods not to be faulty unless otherwise agreed in writing by us.
9. Any Goods in respect of which any claim of defect or damage is made by you shall be preserved by you intact together with the original packaging at your risk and shall at our request be:
   1. Retained by you for a reasonable period to enable us or our agent to inspect the Goods; or
   2. returned to us by you if the Goods are defective.

Consumer Protection

1. If you are a private individual consumer, following completion of purchase of goods, you shall have 7 days from the date of receipt of the Goods to cancel your order by giving notice by letter, fax or email to us.
2. The effective date of cancellation is the date on which the notice is sent.
3. If you fail to return the Goods to us within 7 days of the date of cancellation, we shall be entitled to recover the Goods and deduct the cost of so doing from any monies owed to you.
4. We shall refund any monies paid by you as soon as reasonably possible but in any event no later than 30 days from the date the notice of cancellation was given. The refund shall be made by the same method as payment.
5. You shall be liable for the cost of returning the Goods to us.
6. This clause shall not apply to sealed computer software and its associated packaging which has been opened by you.

Insolvency

This clause applies if:

1. You make any voluntary arrangement with your creditors or (being an individual or firm) become bankrupt or (being a company) become subject to an administration order or go into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
2. An encumbrancer takes possession, or a receiver is appointed of any of your property or assets; or we reasonably believe that any of the events mentioned above is about to occur in relation to you and we notify you accordingly.
3. If this clause applies then without prejudice to any other right or remedy available to us, we shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to you and if the Goods have been delivered but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

Customer Service Enquiries

1. We shall make every reasonable effort to resolve or acknowledge by post, telephone or email any queries which you have made within 48 hours of receipt of any such query.
2. EJBC reserve the right to record incoming and outgoing telephone calls in line with Lawful Business Practice (LBP) Regulations.
3. We shall make every reasonable endeavour to respond to complaints within 5 working days and keep you reasonably notified of any progress thereafter. Our Contact Details are as follows:
   Customer Services
   EJBC Chartered Accountants
   The Rectory
   1 Toomers Wharf
   Canal Walk
   Newbury
   RG14 1DY

   Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
   Tel: 01635 46174

Trademarks and Accreditation

1. We and you acknowledge the intellectual property rights of suppliers and manufacturers of the products appearing on our website.

Force Majeure

1. We shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of our obligations in respect of the Goods, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control:
2. Act of God, explosion, flood, tempest, fire or accident, war, threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party), difficulty in obtaining materials.

Sharing of Information

1. We may share your information with other employees in our company and other selected third parties (e.g Sage). You may be contacted or sent information in respect of further goods and services available and should inform us in writing in the event that you do not wish to receive this.

Third Party (Rights) Act 1999

1. The parties hereby exclude the application of the Contracts (rights of Third Parties) Act 1999 to each and every contract made under these Conditions.

No Waiver

1. Our failure to insist upon strict performance of any provision of these Conditions shall not be deemed a waiver of its rights or remedies in respect of any present or future default of yours in performance or compliance with any of these Conditions.

Enforceability

1. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provision of these Conditions and the remainder of the provision in question shall not be affected.

Law

1. The contract shall be governed by the laws of England and you agree to submit to the non-exclusive jurisdiction of the English courts.