Terms and Conditions

Terms and Conditions of Sale

 

 Interpretation

The following are the terms and conditions (“Terms and Conditions”) for the sale of products (“Products”) by Highway Electronic (“Highway”) to Highway’s customers (“Customers”).

-“Services” means the installation, technical support, and other services which highway may provide in accordance with the Conditions;
-“Writing” includes electronic and facsimile transmission and comparable means of communication provided that any communication by facsimile transmission shall be followed by a hard copy thereof sent by post.
-“Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
-“Delivery date” means the date specified by the Seller when the Products are to be delivered.
“Products” means those goods supplied by Highway in accordance with the Conditions.
-“Price” means the price for the Products including carriage, packing and VAT.
-“Seller”, “The company” means Highway Electronic.
-“Consumer” - shall bear the meaning ascribed in section 12 Unfair Contract Terms Act 1977.

 

 Conditions applicable

All orders are subject to our full terms and conditions (below). Nothing in these conditions affects your statutory rights as a consumer.

The Seller shall sell and the Buyer shall purchase the products in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller including but not limited to orders placed using the Seller’s electronic online ordering service, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer.

Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller. If any provision of these conditions is adjudged invalid or unenforcable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected. If the Seller does not have sufficient stock to be able to deliver the goods ordered by the Buyer then any sum paid by the Buyer will be refunded or re-credited to your account and the Seller will notify you at the address given by you in your order form. The refund will be made as soon as possible and, in any event, within 30 days of your order and the Seller will not be obliged to offer any compensation for disappointment suffered.

 Acceptance and cancellation or orders

All orders are subject to acceptance by Highway in writing by a duly authorized agent of Highway; any written acknowledgement of receipt of an order shall not, in and of itself, constitute such acceptance. No orders accepted by Highway except with the agreement of Highway. In the event of cancellation or other withdrawal of an order for any reason and without limiting any other remedy which Highway may have as a result of such cancellation or other withdrawal, reasonable cancellation or restocking charges, which shall include all expenses than incurred and commitments made by Highway, shall be paid by Customer to Highway. Customer requests to reschedule are subject to acceptance by Highway in its sole discretion. Orders may not be canceled or rescheduled after the order has been submitted by Highway to the shipment carrier. Highway reserves the right to allocate sales and limit quantities of selected Products among its customers in its sole discretion. Product specifications and availability are subject to change without prior notice.

 The price and payment

Price shall be that as stated in the Seller’s quota or, if there is no quota, price shall be in the published price list current at the date of order of the Products. Any event of any increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable under the contract upon written notice. If notice of price increase is given by the seller, the buyer shall have the right to cancel the order and receive back any sums they have paid.

Payment of the Price shall be due at the date of the order. Time for payment shall be of the essence. If the Buyer does not pay the Price on notification of shipment the Seller may bring an action for the Price even though property in the Products has not been passed to the Buyer. If the Buyer fails to make payment as required the Seller may suspend delivery of the Products or any further Products ordered until payment is made in full. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 2% above Royal Bank of Scotland Plc’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgement.

 The Goods

The quantity and description of the Products shall be set out in the Seller’s quotation. The Seller may make any changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller’s specification. Photographs are for illustrative purpose only, and may not exactly match the product itself.

 Samples

Highway is pleased to assist in the design and prototype phases of developing your new products. PSC Electronics will supply samples, free of charge, whenever possible.

 Delivery

Delivery of Goods shall be made by the Seller passing the Goods to such carrier as shall be nominated by the Seller with instructions to transportthe Goods to the delivery address specified by the Buyer. Delivery of Services shall be made by the Seller offering such Services at the delivery address agreed by the Seller and Buyer.

Any dates quoted for delivery of the Goods and/or provision of the Services are approximate only and the Buyer shall not be liable for any delay in delivery of the Goods or performance of the Services howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in Writing.

Where the Goods and/or Services are to be delivered orprovided in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with the Conditions or any claim by the Customer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.

If the Buyer fails to acceptthe Goods and/or fails to give the requested delivery instructions or to provide adequate facilities for the provision of the Services at the time stated for delivery(otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may:

  • store the Goods until actual delivery and charge the Buyer 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 the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract;
  • or invoice the Buyer for all costs and expenses incurred by it in connection with the delay caused in the provision ofthe Services.

 

 Acceptance of the products

Other than where the Buyer acts as a Consumer the Buyer shall be deemed to have accepted the Products 5 working days after delivery to the Buyer. After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the contract.

 Title and risk

Risk damage to or loss of the Products shall pass to the Buyer upon delivery. Notwithstanding any other provision herein title in the Products shall not pass to the Buyer until the Seller has received in cash or clear funds payment in full. The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Seller, but if the Buyer does so all moneys owing to the Seller shall (without prejudice to any other right or remedy on the Seller) immediately become due and payable.

 Warranty

All goods supplied by the Seller come with a manufacturer’s warranty of at least 12 months.
The Seller shall provide the Buyer with such information as is required to claim under the manufacturer’s warranties. In the event of a claim, the Buyer shall in the first instance contact the Seller’s customer service department.
Except where the Buyer acts as a Consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.
Insofar as is permitted by law, our only liability to you under these terms and conditions will be, at our sole discretion, to make good any shortage or non-delivery, to replace or repair any goods which are received by you in a damaged or defective state or to refund to you any sums actually paid by you for the goods in question. We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us and will have no liability to you for any failure or delay in delivering goods or any damage or defect in goods delivered which is caused by any event or circumstance which is beyond our reasonable control. Nothing in this Clause affects your statutory rights as a consumer.

 Proper law of contract

This Contract shall be governed by the law of England and Wales and any dispute, question or remedy howsoever arising determined exclusively by the Courts of England and Wales.

 

Disclaimer

The information of this website is provided by Online Stores Limited as a service to the public. Online Stores Limited does not represent that the information selected for these pages is accurate, verified, current, comprehensive or complete. For this reason, you should neither rely nor act upon any of the information contained in these pages and, if you do so, it will entirely be at your own risk.